Month: August 2023

Right To Education

August 26, 2023 toahostinger No Comments

Life these days without education is hard to survive. Education is the only process to govern the life process smoothly. Without education man is like an animal, every single person has the right to education as a fundamental right for this The government introduced the right to education in our Indian constitution for free and compulsory education to all children aged 6 to 14. What is education? Education is an important or purposeful activity based on which person pulls himself/ herself towards achieving a goal due to lack of it, they don’t know about their right. Educating the mind without educating the heart has no educating at all. ( Aristotle) So in our Indian constitution Right to education was introduced from the 86th Amendment Act 2002 to Article 21A as a fundamental right no child shall be deprived of getting an education to the age of 6 to 14. Child labor: In India, there are several families whosoever not send their children to school because of the lack of money, Due to this cause they send their children to earn money to work at dangerous places, but some people hire these children to work in their organization but in our Indian constitution, it is crime to hire child up to the age of 6 to 14. Therefore kids are still involved in work in these types of places to get some money for their families. The situation of India in Ancient times as well as present time in regards to education: In Ancient times in India, even people were not aware of the importance of education. if we look at the situation of girls in our society families just believe that girls are born to stay at home and do household chores and when they become adults or when they reach the age of 18 years, they get married to someone and go their home but the situation Is different after marriage when the dispute arises between husband and wife and husband would not agree to continue to his marriage ceremony then he leaves his wife without any support. Now my question is who damn responsible for the situation of girls? Only our society and their morals don’t want to see the girl child move forward, education is the only source based on which girls can improve their situation. Hence on 26 JANUARY 1950, our Indian constitution was reinforced. It had in its Article 45 a Directive principle promising free and compulsory education for all children until the age of it. This was to be attained within 10 years. Sarv Siksha Abhiyan In the year 2005 in the government of ATAL BIHAR BAJPAI, Prime Minister Atal Bihari Bajpai introduced Sarv Siksha Abhiyan in the form of giving free education to all children up to the age of adolescence. They provide free dress, meals, and books to the school for the families who were not able to afford these expenses. Then in the year of 2009 Article 21(A) introduced the Right to education as a fundamental Right from the 86th Amendment Act 2002 ( education for 6 to 14-year-old children), if we talk about children with learning disability like mentally disabled children or child unable up understand anything properly or PWD it is 6 to 18. Unikrishnan Judgment This enforced and acquired admission into schools Several public interest litigation petitions were filed in different High Courts. This created tremendous pressure on the parliament and after that a proposal Constitutional Amendment including the right to education as a fundamental right was made in 1996. The 83rd Amendment Act that Article 2(A) be introduced former Article 45 be repelled or omitted and Article 51(A) fundamental duty of parent now admitted, though the parent and neighborhood must send their child and get recognized in school until the age of 6 to 14. And the school also must admit a child according to their age in the appropriate class. Now we can see the state of Rajasthan that this state regulates lots of missions to encourage parents to get admitted to their wards in school, One instance is in the year 2022 the Rajasthan government provided milk for the children of primary class two days a week and they also provided the scholarship to for the girls who get 90% marks in high school or more then government provides scholarship up to the rupees 21000 of each year after 10 ( 11 or 12th std) and if a girl gets a secure high percentage in 12 board then Rajasthan Government must afford their expense for further studies in abroad. Conclusion: The RTE Act was introduced to educate the economically weaker child. The government must see the situation of our country and if somebody hires a child up to the age of 14, they must suffer imprisonment and be punished with a high penalty. As a law student, my only opinion is that Education is a topic under the concurrent list in the seventh schedule this RTE Act lays down specific policies followed by the central government. The state shall provide 25% reservation for economically weaker sections in government schools as well as in private institutions. No child shall be expelled from the class till 8 because this act goes a long way in ensuring no kid misses out on their elementary education. Provide a proper teacher-student ratio in the school because these days the burden of student classes going on, based on which teacher would not concentrate individually on every student. Provide quality education to the children and hire trained teachers for the students. Written By Sabreen Sheikh

Uncategorized

Prostitution – Should Be Legalised In India ?

August 25, 2023 toahostinger No Comments

ABSTRACT of Prostitution – Should Be Legalised In India? Prostitution has been a part of Indian society since marriages came into existence. Prostitution has taken equal steps and position with discrimination and exploitation and there are no results for it. No attention is paid to this. It has been long since we saw prostitution exist in our society but it has not gone from our society. So, for that society and law should look into the possible and favourable effects of the legalisation and regulation of prostitution on the exploitation and assault of sex workers. Introduction Earlier it was believed that prostitution is a non-selective sex work which is done for money and other valuable assets. If we go to the history of Rig Veda also, we will study prostitution and how women. Earlier, the Tawaifs were used to dance and entertain the public for money and other valuable assets but later on, it changed into sexual favours. This is known as Prostitution in the present world. In so many countries like Australia, Brazil etc. Prostitution has been declared legal but in India still, it is not legally entirely regulated. Prostitution includes so many problems like unwanted pregnancies and HIV/AIDS etc. What is Prostitution? Prostitution is the act of having sexual contact with a person who is not a wife or close friend, in exchange for cash or other assets that are paid immediately. Although prostitution can involve heterosexual, homosexual, or transgender behaviour, the majority of prostitutes have been women, and the majority of clients have been males but now there is nothing which can tell us the probability. Prostitution – Should Be Legalised In India? No, at present in India prostitution is not entirely illegal though pronounced to be unethical by the court, certain illegal acts, like being a person into prostitution, human trafficking of children and women for prostitution etc. The Indian Penal Code 1860, also deals with prostitution but it is only limited to child prostitution not to women. Here are some reasons why prostitution should be legalised: The legalisation of prostitution will protect the child under 18 from being unguarded with sexual exploitation. There are many children who are into prostitution, all over the world. Child prostitution is a harsh reality in almost all countries but in Asia and South America, the situation is difficult. Strict provisions in the industry can satisfy the prohibition of those under 18. Regular health checkups of the sex workers will ensure the emergence of sexually transmitted diseases especially, AIDS which are very common among sex workers. Contraceptives will satisfy unwanted pregnancies and cover up other health hazards. Regular health checkups and treatments advised by doctors will satisfy the clean and hygienic working conditions. A compulsory provision of safe condoms will also, be beneficial for the sex workers and the customers as well. Legalisation of the prostitution will enhance and update it. There will be a removal of agents and retreat from the system the sex workers will have more daily earnings and the criminal and exploitative factors will be reduced to negligible. To get rid of sexual violence, rape and other sexual assaults people will resort to legal and an easier alternative to satisfy their sexual urges. Punishments and Penalties for illegal activities under Prostitution. Even if it is the first time, such criminal conduct can result in harsh penalties and long-term period prison sentences. Maintaining a minimum sentence of one year of imprisonment and a maximum of three years of imprisonment, as well as a fine of at least Rs. Two hundred rupees. For procuring a girl child into prostitution, rigorous and harsh punishments for not less than seven years of imprisonment may extend to life. As per Section 2(f) of The Immoral Trafficking Act (1956) states “prostitution” as sexual exploitation or misuse of any persons for any business purpose. Section 372 and 373 of the Indian Penal Code 1860 also deal with prostitution but it is restricted to child prostitution only, not to women. Pros And Cons of Prostitution – Should Be Legalised In India ?: If Prostitution is legalized then it will be the responsibility of the state to manage brothels. It is the responsibility of the state that certain remuneration and medical and educational benefits should also be given to prostitutes. On the other side, if the legalization of prostitution is done, then it will be easy for women to earn money through prostitution. Section 4 of the act penalises any person who is living on the earnings of This section also involves the family members. Section 5 of the act penalises the procuring, inducing or taking person for the sake of Section 7 of the act penalises prostitution when it is carried out in or in the locality of public places including any densely populated area, hostel, public religious worship, educational institution, hospital, nursing home or any other place which is notified by Commissioner of Police, Magistrate and the state government. Area refers to as two hundred meters. Section 8 of the act penalises the sex worker for seducing or requesting a person for a purpose According to this section a sex worker cannot do any gestures or actions to invite someone for prostitution. This section is discriminatory as it prescribes different punishments for the same offence to the man, as the punishment is half of what is prescribed for the female. CONCLUSION: In the end, it can be concluded that for an issue like prostitution, it is very difficult to say that the legalization of prostitution bears both positive as well as negative effects. If the legalisation of prostitution is done, then there should be proper rules and regulations for it. As legalisation of prostitution will help to protect the sex workers and their children from exploitation Not just this it will also satisfy the protection of the health of the sex workers and the society at huge. Therefore, a set of rules and regulations should be established to regulate Prostitution. Written By…

Indian Constitution, Indian Penal Code

Fundamental Rights And Its Significance To Establish Democracy

August 24, 2023 toahostinger No Comments

Introduction The constitution of India, 1950 as of 2021, there are 25 parts with 448 articles and 12 schedules. This chapter of the constitution of India is very well described as the Magna Carta of India. Magna Carta term is derived from the Latin language meaning “Great Charter” and it holds great power because it was the first document to put in writing that no one was above the law not even the King. The inclusion of this chapter in the constitution is by the trend of modern thought, the idea is to preserve that which is an indispensable condition of a free society. The aim of having fundamental rights declares that certain elementary rights, such as the right to life, liberty, freedom of speech, freedom of faith, and so on, should be regarded as unalterable under all conditions and that the shifting majority in Legislation of the country should not have a free hand in interfering with these fundamental rights. History As early as 1215 the English people exacted an assurance from King John for respect for the ancient liberties. The Magna Carta is evidence of their which is written document. Thereafter from time to time, the King had acceded to many rights to his subjects. In France, the Declaration of Rights of Man and the Citizen (1789) declared the natural, inalienable, and sacred rights of man. Following the spirit of the Magna Carta of the British and the declaration of the rights of the man and the citizen of France, the Americans incorporated the Bill of Rights into their constitution. The Americans were the first to give the Bill of Rights a constitutional status. Thus, when the constitution of India was being framed the background for the incorporation of the Bill of Rights was already present. The framers took inspiration from this and incorporated a full chapter in the Constitution dealing with fundamental rights. Schedule of Fundamental Rights The fundamental rights are incorporated in the Indian constitution and divided into the following six groups: – Right to Equality (Art 14-18) Right to Freedom (Art 19-22) Right against Exploitation (Art 23-24) Right to Freedom of Religion (Art 25-28) Cultural and Educational Rights (Art 29-30) Right to Constitutional Remedies (Art 32-35) The 44th Amendment has abolished the Right to property as a fundamental right as provided in Art 19(1)(f) and Art 31 of the Constitution, and hence Art 19(1)(f) and 31 has been omitted. Salient Features of Fundamental Rights Comprehensive and Detailed: The rights in the Part III of the constitution are very elaborate. Each Article has been described with its scope and limitations. Lack of social and Economic rights: The Constitution guarantees only civil rights and freedoms. Rights like the Right to work, the right to health, and the Right to Social Security have not been included in the Fundamental rights. Rights are qualified: The fundamental rights of people are not absolute except the right against untouchability. They are qualified with limitation and reasonable restriction in the collective interest of society. While describing the scope of each right, the Constitution also describes its limitations. These have been laid down to protect the public health, public order, morality, and security of India. Some exceptions are also provided to fundamental rights through their non-applicability to members of security and law and order-related forces, during martial law and, certain laws necessary for socio-economic reforms. Enforceability of Rights: Fundamental rights have been made Justiciable. Justiciable rights mean if any of these rights are violated by the government or anyone else, the individual has the right to approach the Supreme Court or high courts for protection. There are elaborate instruments to protect these rights, such as the right to Constitutional remedy, Public Interest Litigation, and Human Rights commissions. Constitutional Superiority of Fundamental Rights: The Fundamental Rights of the citizens are superior to ordinary laws and the Directive Principles of the State when the President withdraws it. Importance of Fundamental Rights Fundamental Rights are deemed essential to protect the rights and liberties of the people against the Government. They are limitations upon all the management of the Government, legislative as well as executive and they are essential for the preservation of public and private rights, notwithstanding the representative character of political instruments. Speaking about the Importance of Fundamental Rights in the historic judgment of Manika Gandhi Union of India, Bhagwati, J., observed: “The Fundamental rights represent to protect the dignity of the individual and create conditions in which every human being can fully develop his personality. They weave a ‘pattern of guarantee on the basic structure of human rights, and impose a negative obligation on the State not to encroach on individual liberty in its various dimensions” These rights are regarded as fundamental because they are essential for the attainment of the individual or his full intellectual, moral, and spiritual status. The advocates of inclusion of these rights in the Indian Constitution vest them with a sanctity that legislators dare not to violate so easily. The Doctrine of Severability and Eclipse The doctrine of Severability: It means that if an offending provision can be separated from that which is constitutional then only that part which is offending is to be declared as void and not entire statute. In R.M.D.C v. Union of India (AIR 1957 SC 628), the court observed that the intention of the legislature. The doctrine of Eclipse: It is based on the principle that a law that violates fundamental rights is not nullity or void ab initio but becomes only enforceable i.e., remains in a moribund condition. Such law exists for all past transactions, for rights and liabilities incurred before the constitution came into force, and for the determination of rights of persons who have not been given fundamental rights by the constitution e.g., non-citizens (Bhikaji the state of M.P AIR 1955 Sc 781) The doctrine of eclipse applies to a post-constitutional law Article 13(2) deals with post–constitution or future laws [while clause (1) deals with pre–constitution or existing law]. It…

Indian Constitution

Freedom Of Speech

August 21, 2023 toahostinger No Comments

Freedom of speech consists of the freedom to express one’s views in the form of expressed and implied manner. It is an important concept that is adopted by all democratic countries. Sedition and defamation are 2 concepts that limit the concept of freedom of speech. Sedition is a concept to prevent speech against the government that incites violence against it and defamation, on the other hand, refers to false statements that harm an individual’s reputation. But nowadays these 2 concepts are used adversely to limit the freedom of speech. The blog concludes with an opinion on how these 2 concepts are used in an adverse way to deter freedom of speech. Introduction It is well established historical fact that on numerous occasions Government is accused of using sedition and defamation law adversely to protect its interest and deter journalists, activists, and opposition political leaders. Using these provisions of the IPC and the constitution infringes the fundamental right enshrined under part III of the constitution of India and undermines the functioning of democracy in India. Whereas defamation is defined under section 499 of IPC as Whoever, by words either spoken or intended to be read or by signs or by visible representations, makes or publishes. Constitutionality Of Sedition As Limit On Freedom Of Speech Sedition was a concept introduced in 1870 during the British Indian colonial government under section 124-A, with a view to suppressing dissent and controlling India’s Independence moment, which defined sedition as any act or attempt to bring hatred, contempt, or excite dissatisfaction towards government established by law in India. If we literally interpret this section, It says that whosoever by expressed or implied means brings or attempts to bring hatred, contempt, or dissatisfaction towards the government established by law in India, this section puts a limitation on freedom of speech which results in infringement of fundamental right art.19 enshrined under part III of the Indian constitution. Cases There are many cases where the government used it in an adverse manner in its own interest against journalists and activists. Kishorechandr Wagmare, a journalist was charged with sedition for making cartoonist posts on social media sites. [1] A YouTuber was also charged with sedition for posting a video on his YouTube channel stating that PM had used facilities and terror incidents to obtain votes, In this case Supreme Court had laid out that every citizen has the right to criticize and comment on the actions of government and its official as long as he does not incite violence against the public. As a journalist addressing subjects of major importance so that enough attention might be given, can not be accused of propagating or misleading information. [2] In this case, the Supreme Court observed that expressing a point of view that differs from a decision made by the central government does not amount to sedition.[3] If we see sedition and the use of sedition by the government through the lens of Article 19 of the constitution of India, It is witnessed that the government in most cases uses this section against activists and journalists who are raising subjects in the interest of society and but such subjects are against the government of India. This clearly infringes on the principles of democratic values. Freedom of speech Freedom of speech is a very vast concept and there must be some limits that prevent the adverse use of this concept. Sedition puts limits upon it but if we interpret this section, the words ‘disaffection towards the government’ imply whosoever expresses his views which are against the government. Supreme Court in this regard said that a provision after its literal interpretation shall be interpreted by considering the antecedent history of the legislation. So this section was inserted by the British government to suppress the political movements and Indian freedom struggle and was framed with a view of colonial principles. In today’s era and in a country running on democratic principles this section is ultra vires to those principles.[4] There should be an amendment of some terms in section 124A, the section shall include the word ‘ insurrection’ instead of ‘disaffection’ which allows the citizens to freely express their disaffection towards governmental policies and conduct and limits such disaffection from gaining the tendency of violence. Thus this section in literal view is ultra vires with regard to the constitution of India. CONCLUSION In this blog, I analyzed the constitutionality of sedition and defamation laws in India and argued that they are often used by the government in an adverse manner to suppress freedom of speech and expression. The statement suggests that there should be amendments to these laws to align them with modern democratic values. The arguments presented in the statement are logical and coherent and are supported by examples and case laws. [1] Kishore Chandra Wangkhemcha v. Union of India (2021) [2] Vinod Dua v. Union of India (2021) [3] Rajat Sharma v. Union of India (2021) [4] Kedar Nath Singh V. State of Bihar, 1962 AIR 955, 1962 SCR Supl. (2) 769 Written By – Rahul Aaryan

Indian Constitution

Dowry Death

August 21, 2023 toahostinger No Comments

Dowry Death Is the death of the woman caused by any burns or bodily injury or occurs otherwise than under normal circumstances within 7 years of her marriage. Essential Ingredients Section 304 B of IPC gives essential ingredients of dowry death Death must be caused by burns or bodily injury or it must occur otherwise than in normal circumstances Death must occur within 7 years of marriage It must be shown that soon before her death the woman was subjected to cruelty or harassment by her husband or any relative of her husband. Such cruelty or harassment by her husband must be for or in connection with any demand for dowry. Here the dowry shall have the meaning as assigned to it under Section 2 of the Dowry Prohibition Act 1961. Another feature of this section, which can be said to be a departure from the normal feature of the code is that a minimum of not less than 7 years imprisonment is prescribed but which may extend to imprisonment for life. What is dowry death? In Bachni Devi V. State Of Haryana, the accused 2 and Bachni Devi were married on 12/5/1990. In less than 3 months of their marriage her mother-in-law had gone to the house of PW 8 Father of the deceased and told him that his son wanted to start a house milk vending business and for that purpose demanded a motorcycle. But the father of the deceased, being a poor rikshawala showed his inability to fulfil her demand. Thereafter both the deceased ‘s husband A 2 and her mother-in-law, Bachni Devi badly harassed her and said that the deceased was not allowed to stay in the matrimonial home. kanta told her father about the ill-treatment of her husband. kanta was taken from her father’s house by her husband on the pretext that the engagement ceremony of her brother was to be performed which was false. The next her father was informed that Kanta was dead, therefore harassment driving the deceased to commit suicide is a dowry death, and the accused were liable to be convicted under Section 304 b I.P.C. for Dowry Death. Life Imprisonment Reduced To 10 Years Of Rigorous Imprisonment Pathan V. Hussain Basha V. State Of A. P. It is a case relating to dowry death. The evidence of the father of the deceased and other witnesses shows that there was persistent demand for dowry by the accused husband of the deceased and her in-laws. They used to harass and even beat the deceased. The deceased died due to asphyxia as a result of hanging. Death took place within a few months of marriage. The accused led to no evidence explaining how and why the deceased died and his conduct immediately prior to and after the death of the deceased. It was held that the silence of the accused cannot be equated to the discharge of onus cast upon the accused by deeming fiction under section 113 b of the Evidence Act. Hence the accused was liable to be convicted. It was further held that considering the age of the accused, attending circumstances, and the fact that the accused had been in jail for a considerable period sentence of life imprisonment was reduced to 10 years of rigorous imprisonment. Reasons For Dowry Death Illiteracy rate Absence of proper law For the sake of social status Lack of knowledge Narcotic Gender discrimination Forms Of Cruelty Cruelty by vexatious litigation Cruelty by deprivation and wasteful habits Cruelty by persistent demand Cruelty by extramarital affair Harassment by nonacceptance of baby girl Cruelty by false attacks on Chasity Taking away children CONCLUSION Dowry is a sin in our society, it’s not a ritual anymore, it’s a burden to girls’ parents that’s why girls are murdered in the mother’s womb after marriage girls are forced and pressured by in-laws and husbands, because of all that dowry death took place. We should have more strong legal binding to the accused so that this can be stopped right now and more dowry deaths would not happen. Written By Muskan Patel

Criminal Law

Criminal law amendment act, 2018

August 21, 2023 toahostinger No Comments

Amendments mean a change any minor major addition or removal of any rules, numbers, figures, sections, or articles in any act is known as an amendment in criminal law we have the latest amendment in 2018. Which was enacted on 11th August 2018 and came into force on the 21st day of April 2018 As the offences against women especially rape cases with women under the age of 12 and 16 years, for example Kathua rape case. We needed an amendment in the act which added strict provisions and punishments in the act, especially for minor girls. “An act further to amend the Indian penal code 1860, Indian evidence act 1872, the Code of criminal procedure 1973 and Protection of Children from sexual offences act, 2012.” Be it enacted by parliament in the 69th year of the Republic of India. Introduction Criminal law is the law which is made to punish the offenders ( culprits ) for the offences that they have committed. It provides rules regarding legal and illegal things which is allowed or which are not allowed. In general, regarding criminal law, we have two acts Indian penal code, 1860 and, code of criminal procedure, 1973 Indian penal code 1860 is a substantive law which only says which action is an offence and what should be the punishment for that crime. Code of criminal procedure, 1973 as the name suggests is a procedural law and it provides the procedure through which the offenders get published. Again in support of these laws we have the Law of Evidence, without which there will be much delay in trial and harm to the general public and the litigants will have to face the obstructions and bear more costs. The object of the law of evidence is to restrict the investigations made by the court within the limits of general convenience. If such restrictions are not, put no suit can be decided even if its trial takes place for a long time. The law of Evidence is for judicial behaviour like the reasoning for logic. Again we will talk about the Protection of Children from Sexual Offences Act,2012 The amendment proposes to enhance punishment for the rape of a child, who is below the age of 18 years, divided into three as: up to 12 years, up to 16 years, 16 to 18 years. This bill has replaced the criminal law (amendment) ordinance. Background As an office against women especially rape cases with women under the age of 12 or 16 years, for example, the Kathua rape case. We needed amendments in the act which added provisions and punishments in the act is especially for minor girls. Kathua rape case,2018: The case relates to the brutal rape and murder of an 8-year girl in Kathua village back in 2018. In June 2019 special court at Pathankot sentenced three men to life imprisonment in this case. The court has also sentenced three police officers to 5-year of imprisonment for causing distraction of evidence. the supreme court has transferred the trial of the case from Kathua to Pathankot in Punjab given the obstruction of justice by the lawyers who have protested against the police arresting the accused person justice. Justice J.B. Pardiwala held that the respondent accused was not a juvenile at the time of the commission of the offence and should be tried the way other accused persons were tried by the law. The supreme court bench also ruled that the medical expert estimate regarding the age of the accused is not a statutory substitute for proof but is only an opinion. Amendments under the Indian penal code 1860 1. Amendment under section 166A (Added section376AB,376DA,376DB) 166A of the code deals with the duties of a public servant conducting an investigation. There are three amendment acts in the section but the amendment act is made in clause c which says a public servant who fails to record any information given to him under subsection 1 of section 154 of the criminal procedure code about cognizable. the offence is punishable under section Section 326A Section 326B Section 354B Section 370 Section 370A Section 376 Section 376A Section 376AB Section 376B Section 376C Section 376D Section 376DA Section 376DB Section 376E Section 509 2. Under section 228A This section is inserted in the Indian penal code by criminal law amendment act,1983 to prevent social victimization and ostracism of victims of sex crimes. It prohibits the printing and publication of the Identity of victims of rape and other sexual crimes. Subsection 1 of this section, section 376AB, section 376 DA, and section 376 DB were added with sections 376A, 376B, and section 376C. 3. An amendment under section 376 This section deals with offences of after amendment subsection 1 says whoever except in the cases provided for in sub–section 2 (which is rape committed by a police officer), commits rape shall be punished with rigorous imprisonment of either description for a term which shall not be less than 10 years but which may extend to imprisonment for life and shall also be liable to fine.(Imprisonment of10years to life imprisonment+ fine) Clause I of subsection 2 is omitted after the amendment which punishes, rape committed by a man on a woman when she is under 16 years of age The amendment included subsection 3: whoever commits rape on a woman under 16 years of age shall be punished with, rigorous imprisonment for not less than 20 years which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. provided further that the fine imposed under the subsection shall be paid to the victim. 4. Insertion of new section 376 DA and section 376 DB where a woman under 16 years of age is raped by one hour more persons constituting a group or acting in furtherance of a common intention, each of those persons will be deemed to have committed the…

Criminal Law

Domestic Violence

August 20, 2023 toahostinger No Comments

History In the beginning of the 1800s, in English common law wife beating is considered as a men’s right. It is considered a ritual amongst society but with time in the 16th century, this is considered as a crime not only against women but against society as a whole. It was termed as a breach of the peace in that society. So to curb this problem English common law introduced some laws i.e. to furnish a bond by the husband and to stake pledges from his associates for peaceful life and good behavior in the future. In terms of the sentences, it was only pity fines. A great change has been seen during the American Revolution, many of the American colonies made laws in favor of women and coined the domestic violence system a heinous crime against the liberty of women. Transfer of the local justices to the state courts. Taking a course of the same by the judicial system rather than the legislatures of the state. Setting up the precedent in domestic violence cases are some of the things that took place in that era. The major change took place when the political agitation of the feminist movement begin to take place in the 19th century. This forces the political system of that era into opinion and legislation. related to domestic violence within the US, UK, and other countries. • In the year 1850 Tennessee a state in the US become the first country to make wife beating illegal and penalized strong punishment for the same. Gradually this thing followed by other states also. — In the year 1878 UK matrimonial causes act was passed which gave a right to the wife to get separated from an abusive husband. • In the early 20th century a change was also seen amongst the court in these cases whenever these types of cases comes into the court. The Judge imposes a harsh punishment against the husband’s perpetrator. But when the situation is the opposite the same thing deals with leniency by the court. Even then in most of the legal systems around the world, the issue of domestic violence was highlighted from the 1990s onward. In most countries, there were no protection no laws for the security of women in cases of domestic violence. Keeping in view this thing in 1993 the UN published some strategies for confronting domestic violence: A resource manual. By this, they are urging the countries to treat domestic violence as an unlawful act. But the scenario was not as thought as many countries at that time so this was out of the scope of the law. Physical discipline of the children and chastisement of the wife is considered as one of the necessary things. As far as India is concerned there are various forms of domestic violence act has been seen i.e. honor killings, dowry deaths, and forced marriages. In the year 2005 efforts were being made to curb the issue of domestic violence and in response to this the protection of women from domestic violence act has been passed. TYPES OF DOMESTIC VIOLENCE There are various forms of domestic violence engraved in the laws some of these are:- Physical abuse One of the most prominent abuse is considered physical abuse where the victim is in constant fear of bodily pain, injury, other physical suffering, or bodily harm. Due to this the growth of her mental and physical state stuck. Another thing that took place is an acid attack in which the attempt is to damage the face and the body of the victim which also result in blindness and permanent scaring of the female. As far as India is considered most of the domestic violence cases come after the women get married and the husband or the family members of the husband are dissatisfied over the dowry demands that result in continuous physical abuse of the women and some cases the killing of the women. According to the National crime records bureau in the year 2011 around 8618 dowry deaths were reported in India but the official figure is far bigger than this amount. Sexual abuse It is defined as abuse that humiliates, degrades, or hampers the dignity of women in general. Majority of the sexual abuse is considered marital rape but this is not outlawed in many countries. Marital rape is only hit when the victim is under the age of 15. Besides this, in many cultures, the victim of rape is considered a shame and disgrace to the family. If the victim got pregnant then her life ended up by her family members. When it comes to marriage in some cultures there is an obligation that the woman is only to bear the children of the husband if it is found out that the woman is using birth control then she has to face the constant fear and threats in society this practice is mostly common among the people of Ghana. Verbal and Emotional Abuse In domestic violence cases, the first thing that a female has to face is verbal abuse by her spouse and in some cases by the family of the spouse. When it is intermixed with emotional abuse the situation got worse. The environment of this led to emotional and mental trauma to the female which ultimately hampers her mental strength. WHO termed it as the most common way of abuse in all the societies of the world. It includes minimizing threats, isolation, public humiliation, criticism among the masses, personal devaluation of the image, coercive control over one’s affairs, and stalking. This led to increasing chances of depression which can lead to suicide, drug and alcohol abuse, etc. Economic Abuse This is a form of financial abuse in which one intimate partner has overall control over the economic resources of the other partner. The assets are used as a means of control. Economic abuse includes limiting what victims may use or exploiting the resources used to support the daily…

Capital punishment in India and its various forms

August 18, 2023 toahostinger No Comments

The “Death Penalty” or “Capital Punishment” is the harshest punishment a society or democracy can impose in order to uphold law and order. But murdering another human being in the name of justice is just as bad. We should focus on stopping the crime, not on the perpetrator. We should amend the law to ensure law and order so that everyone can live in harmony with one another because “Life is valuable, and death is final.” According to the UN, murdering a person for the sake of justice also results in the death of humanity. Nobody has a right to determine that who will live or who will dies, but God has the power to determine who lives and who dies. rather of putting someone to death by hanging, we ought to use a different tactic known as the reformative technique so that the offender can change for the better and continue to live in peace. Introduction ‘Execution of a death sentence is referred to as “execution,” while a death sentence itself is referred to as a “death sentence.””. It is the Criminals who must be punished by the state in order to keep society’s law and order. The capital punishment is the judicially ordered execution of a person who has broken a specific law. The legal term “death penalty,” which is recognised by the government, refers to a person being put to death by the state as punishment for the crime he committed Execution of a death sentence is referred to as “execution,” while a death sentence itself is referred to as a “death sentence” Every time a court imposes a sentence, it does it in accordance with a theory or a premise. These beliefs, which go by the name “Theories of Punishment typically fall into one of five categories: The deterrent theory Restructuring Theory Theoretical Precautions Theoretical Retribution The Expiation Theory In the United Nations (UN), where the death penalty is viewed as a violation of human rights, the phrase “Abolition of Death Penalty” is one of the most frequently discussed themes. The Reformative Theory of Punishment was given more weight by the UN than the Deterrent Theory of Punishment. In Rajendra Prasad v. State of Uttar Pradesh, Justice V.R. Krishna Iyer made This remark: “The specific cause must relate, not to the crime, but to the offender. Criminal not deserve the death penalty. Acc.to ABDUL KALAM :- “Avul Pakir Jainulabdeen Abdul Kalam said, ” We are all the products of God. I’m not convinced whether a human-made mechanism is capable of ending a life based on fabricated evidence. – The legality of the death penalty in India under Constitution The question of the death penalty has long been divisive everywhere in the world. The death sentence is applied in India for the most serious, heinous, and egregious offenses, such as murder, war against the government, etc., according to the Indian Penal Code. Article 21 of the Indian Constitution states that everyone has the “right to life,” which shall not be denied to anyone. The president has the power to exercise mercy when the death sentence is involved. The President of India has the power to commute, alleviate, postpone, or otherwise alter a conviction for the death penalty under Article 72 of the Indian Constitution. Once a person has been found guilty and sentenced to death, Article 72 of the Indian Constitution gives the President the authority to commute, relieve, postpone, or otherwise modify a death penalty conviction. Once a defendant has been found guilty and given a death sentence so the President has power to dismiss the death penalty Once a criminal has been convicted and sentenced to death, Case laws Jagmohan Singh VS State of Uttar Pradesh[1]– The Supreme Court in this case rejected the claim that the same violated Article 19 of the Indian Constitution, which protects the “right to life.” Rajendra Prasad VS State of U.P It was emphatically emphasised by Justice Krishna Iyer that the death sentence is against Articles 14, 19, and 21. Bachan Singh VS State of Punjab– One year after Rajendra Prasad v. State of U.P the same case set as a The Supreme Court reversed the ruling in the aforementioned case by vote of 4:1 by Justice Bhagwati. there was argued that the term is “public order” designed in Article-19(2) to Article-19(4) is different from “law and order” and also introduced the principle of award with death penalty in “rarest cases,” despite the facts that it violation Articles 14, 19, and 21. The Supreme Court acknowledged Article 21 as the State is authority to take someone’s life. The Delhi gangrape case, which requested the guilty be given the death penalty, Machchi Singh VS State of Punjab– The Supreme Court established guidelines for whether the death penalty may be applied, taking into account the crime’s gravity, victim’s type, and whether it was committed in social anti-social manner in Capital punishment. Kidnapping that does not result to death– “• Aggravated murder: According to Section 302 of the Indian Penal Code, 1860, this crime carries a death sentence.[5] Treason – A person who attempts to overthrow the government or aids members of the armed forces in doing so may get the death penalty. Offences related to terrorism that don’t result to death– Use of explosives that can cause explosion and threaten life/cause damage to property. For instance, Muhammad Afzal was hanged on February 9, 2013, in retaliation for the attack on the Indian parliament in December 2001, which saw five men carrying bombs kill nine people. Rape that does not result to death – Under the Criminal Law Act of 2013, a perpetrator who causes harm during a sexual assault that results in the victim’s death may be executed. As a result of the Delhi gangrape case, gang rapes are now also punishable by the death penalty. According to the 2018 Criminal Law Ordinance, anyone found guilty of raping a child younger than 12 years old faces a death sentence or a…

Criminal Law

JPSC Recruitment 2023: Apply for Civil Judge Vacancies

August 16, 2023 toahostinger No Comments

Introduction: In a stride towards enhancing its judicial system, the Jharkhand Public Service Commission (JPSC) has unfurled an unprecedented opportunity for legal aspirants with its JPSC Recruitment 2023 drive. This significant announcement beckons individuals with a passion for justice and the law to step forward and become a part of the esteemed Jharkhand Judicial Service as civil judges. This comprehensive recruitment initiative, marked by its focus on inclusivity and equitable distribution of vacancies, aims to fill over 100 Civil Judge (Junior Division) positions. Aspiring legal professionals can seize this chance to contribute to the legal landscape of Jharkhand and uphold the principles of justice. Summary of Key Points: Recruitment Drive: The JPSC Recruitment 2023 drive stands as a gateway to civil judge positions within the Jharkhand Judicial Service. Vacancy Landscape: A total of 138 Civil Judge (Junior Division) positions await the adept and qualified candidates. Application Timeline: The application window, a critical avenue for aspirants, spans from August 21 to September 21, allowing prospective candidates to present their credentials and aspirations. Equitable Distribution: JPSC, in an appreciable move, has allotted vacancies meticulously across various categories to ensure equal opportunities for all. General Category: 60 posts Scheduled Tribes: 28 posts Scheduled Castes: 12 posts Backward Class: 10 posts Extremely Backward Class: 15 posts Economically Weaker Sections: 13 posts Eligibility Pinnacle: Aspiring candidates must possess a graduate degree in Law from a recognized institution and stand as enrolled advocates, embodying their commitment to the legal profession. As the recruitment beckons, prospective candidates must align their qualifications and aspirations with the stipulated criteria and embark on this promising journey toward judicial excellence. Conclusion: In conclusion, the JPSC Recruitment 2023 presents an extraordinary canvas upon which legal aspirants can paint their professional destinies as civil judges within the Jharkhand Judicial Service. The announcement, characterized by its holistic approach, not only opens up a multitude of vacancies but also embraces diversity and inclusivity through a well-structured distribution. Prospective candidates are urged to diligently review the eligibility prerequisites and adhere to the prescribed application timeline. By visiting the official website, jpsc.gov.in, candidates can unearth comprehensive guidelines, ensuring a smooth application process. As the legal fraternity witnesses this watershed moment, the path is paved for qualified and passionate individuals to don the robes of justice and contribute to the legal system of Jharkhand. As the application window opens from August 21, the aspiring civil judges have a narrow yet crucial window to seize this opportunity and play their role in upholding the rule of law. The JPSC Recruitment 2023 stands not only as an invitation to join the ranks of the legal profession but also as a testament to the state’s commitment to a just and inclusive judicial system. Our classes benefits are: 1. Complete guidance for Judicial services examinations 2. Daily live sessions, recorded lectures and notes. 3. Topic wise test based on Judicial Services’ pre and mains pattern. 4. 15 days legal updates 5. Including Judgement writing To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 88409 61324

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Natural Justice in relation with Indian Constitution

August 15, 2023 toahostinger No Comments

Natural justice is a ubiquitous issue of secular law, a non secular touch that enlivens regulation, management, and justice and makes fairness a creed. Ideas are not defined or stipulated in any criminal code. Natural justice has meant a lot to many authors, lawyers, and felony structures. It is available in many colors and sun shades and comes in lots of shapes and bureaucracy. Introduction In India, the constitutional precept of natural justice is emphasize Article 311 embodies the proper to a truthful listening to as a essential principle of herbal justice. In step with Article 19 paragraphs 2 to 6, appropriate regulations of business and commercial enterprise regulation can be imposed, consisting of procedural regulations. determining the validity of reasonable barriers, courts have referred to the precept of natural justice. Our duty of fair conduct is a part of the due method set out in Articles 14 and 21. Natural Justice in relation with Indian Constitution Human dignity is completely linked to the concept of human rights. In its declaration, the World Conference on Human Rights held in Vienna in 1993 stated: The L.I.C v Center for Consumer Education and Research argued Acts of public authorities or public authorities or obligations must be publicly justified and guided in the public interest. Due process is enshrined in Article 21 of the Constitution, so when a person is deprived of his life and personal liberty, all fairness embodied in the principle of natural justice is seen in Article 21. In the Hindustan Petroleum Corporation v. H.L. Trehan case, the SC held that, while the agency had the legal authority to act without a hearing, acting without a hearing was arbitrary, and that Article 14 of the Constitution states: It made it clear that It would be in violation. In Yadav v. J.M.A. Industries Ltd in D.K., the SC held He stated that even if a statutory standing order empowered management to terminate the service of an employee who has passed the vacation period without hearing the termination of that service, it would violate Article 21 of the Constitution. Provisions The procedure for taking away a person’s livelihood cannot be described as fair, impartial, or reasonable under Article 21 of the Constitution. In Asoka Smokeless Coal India (P) Ltd v Union of India, The court ruled that the principle of natural justice applies when certain rights, such as legitimate expectations, are likely to be affected by administrative actions. According to the decision [1] Conclusion In a welfare state like India, the jobs and duties of public administrations have grown hastily, and the speedy expansion of nation duties and the civic wishes of the human beings have made delegation of administrative discretion an hour’s necessity. As administrative discretion expands, regulatory measures have to have sufficient powers to prevent abuse of discretion. On this context, so one can keep the primacy of the rule of law in India, the constitutional rule of regulation like India, i.E. Truthful play, which is a part of natural law, wishes to be determined and brought lower back by the judiciary. On this context, the writer argues that “herbal law rules can best be implemented in regions no longer included via existing law,” and that such antique judgments of the excellent court and other excessive courts need to be reconsidered. Yes, and the correct view will be the concepts of Natural law. When the pastimes of justice require it, they have to act within the presence of, and even towards, present regulation. [2] In India, all concept are based on Articles 14 and 21 of the constitution. With the advent of the idea of considerable and procedural processes in Article 21, all the impartiality inherent inside the standards of natural law can be discovered in Article 21. Violations of Natural regulation concepts cause arbitrariness. Violation of herbal rights is consequently a contravention of the equality clause of Article 14. • • • • • • • • • • [1] NATURAL JUSTICE AND INDIAN CONSTITUTION. (2017, June 22). IILS Blog. https://www.iilsindia.com/blogs/natural-justice-indian-constitution/ [2] https://lawreports.wordpress.com/2009/06/12/arbitrary-actions-of-the-state-are-in-conflict-with-article-14-right-to-equality-of-the-constitution-of-india/ Written by Muskan Vyas

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