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Month: September 2023

Offences Against Women’s Modesty in India

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Offence Of Outraging The Modesty Of Women In India  Abstract  As we know, In India the offences against women are increasing day by day. We constantly observe crime against women when we open the news. Various forms of crimes are committed against women such as ‘rape’, ‘murder’, ‘dowry death’, ‘abduction’, ‘threat’ etc. There are multitudinous legislative laws in India to control these types of offences. These legislative laws sanction crimes against women. However, even in the existence of these legislative provisions, crimes against women are not controlled. In this composition, I’ll discuss “The offence of outraging the modesty of women in India”. This content can be understood through the introduction, where we can comprehend the conception of modesty, women’s modesty, essential constituents etc. using several cases, also we can look into the vittles about these offences as sections 10, 354, 354A, 354B, 354C, 354D, and 509 under the Indian Penal Code, 1860. Also, we gain a better understanding of this conception through corner cases. At last, finish the composition with a conclusion. Introduction In general, the term “modesty” means a woman’s sexual dignity, which she acquires from birth. The term “outrage” suggests a physical act. Modesty is that shy sensation you get when someone compliments you on how terrific you are, or when you have to take your shirt off to go swimming and revealing flesh makes you squirm. It refers to the virtue that connects to a female due to her gender and is an attribute linked with females in general when it comes to outraging a woman’s modesty. Demands for her to disrobe, defamatory statements, dragging her to commit sexual assault and voyeurism are all examples of activities that might be considered outraging a female’s modesty. Women’s modesty might be violated by touching her on any private region of her body i.e. which she finds unacceptable without her consent. Section 354 of the Indian Penal Code,1860 defines the scope of modesty outrage, which includes the following factors:- An assault or use of criminal force is required. There must be an intent or understanding that modesty outrage is Outraging a woman’s modesty involves not just physical acts of assault, but also any verbal or nonverbal action that is intended to degrade her. By nature, this offence is considered cognizable, non-bailable, and non-compoundable. Provisions Concerning The Outrage Of Women’s Modesty Provisions regarding the violation of women’s modesty are given under the Indian Penal Code, 1860 which are sec. 10, sec. 354, sec. 354A, sec. 354B, sec. 354C, sec. 354D, and sec. 509. Section 10 of the Indian Penal Code, 1860 In this section, the definition of woman and man has been given. A male human being of any age is called a “man”. A female human being of any age is called a ” woman”. Section 354 of IPC, 1860 Section 354 stipulates that anyone who assaults or uses unlawful force on any woman intending to insult her modesty or knowing it is likely to outrage her modesty is punishable under this provision. The penalty is imprisonment for any length of time, with a minimum of one year and a maximum of five years. In addition, a fine will be imposed. As a result, depending on the judge’s discretion, the punishment can range from light jail to hard imprisonment. a fine will be imposed in addition to the sentence, indicating that the offence is not compoundable. Section 354 contains certain crucial components:- There should be assault or criminal The woman must be assaulted or subjected to criminal Assault or use criminal force on a woman to offend her This is a punishable offence with no bail. It is compoundable, but only with the court’s approval. Any magistrate with jurisdiction over the case can hear it. Section 354A of the Indian Penal Code, 1860 According to this section, a male is deemed to have committed sexual harassment towards a woman when: direct physical touch and approaches with explicit sexual gestures: or, demand or proposal for sexual favours; or showing pornography against a woman’s will; or A sign that makes sexually coloured remarks. If a man commits the first three offences specified in the preceding bullets, he will face harsh imprisonment for a term of up to three years, a fine, or both under Section 354A of the IPC. if a man commits the offence of the final bullet, he shall be punished by imprisonment for a term of up to one year, a fine, or both. A Section 354A offence is cognizable, bailable, and can be tried by a magistrate. Section 354B of the Indian Penal Code, 1860 This section addresses the protection of women against men who assault or use illegal force against any woman, or incite such an act, to disrobe or force her to be naked. If a man commits such an offence, he will be sentenced to three years in prison, which can be increased to seven years, as well as a fine. Section 354B offences are cognizable, non-bailable, and can be tried by any magistrate. Section 354C of the Indian Penal Code, 1860 This section is about a woman’s privacy. Voyeurism is an act done when a male observes or photographs a woman doing a private act without her knowledge. If a man commits such an offence, he faces a minimum of one year in prison, which can be increased to three years, as well as a fine on his first conviction. In the event of a second or subsequent conviction, he will be imprisoned for a least three years, which might be increased to seven years, as well as fined. This clause punishes a male who purposefully captures photographs of a woman or watches her do a private act. if a woman consents to having her photos taken or permits for any activity but does not consent to the image or act being disseminated to a third party, and such image or act is disseminated by another person, he will be held accountable under…

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Criminal Law, Indian Penal Code

Application And Diversion Of Income

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Certain basic concepts play a very basic role in calculating income tax. One such concept is income seeking. Closely related to this is another key concept called Priority Revenue Management. Application of income A careful reading of S.60 of the Act reveals that if an asset intended to generate income is not transferred, the income from that asset is included in the transferor’s income to calculate tax. In Life Insurance Company v. Commissioner of Income-tax, Bombay City, the question was whether under S.28 of the Life Assurance Undertakings Act, 1956. The appellant claimed that it was a diversion of revenue due to force majeure because part of the surplus had to be compulsorily paid to the central government. S.28 operates only after the surplus reaches the company and therefore the income is not diverted due to force majeure. S.28 provides how the surplus is distributed after its proper determination. The first mode of payment is exempt under the Income Tax Act, while the second is not. Basic charges Rs. 5,537 of those expenses and claimed a deduction from the amount of assessable income. The trial panel denied the deduction. He opined that the expenses were incurred after receipt of the income in the hands of the assessee and by the duty imposed on them by the testator. It was not about income diversification. The court rejected the contention of the assessee and held that since the assessee did not transfer the shares to her husband, she therefore retained the right to share in the profits of the company. He did not waive that right. Diversification of income The concept of revenue application cannot be fully appreciated without understanding the concept of revenue management priority. The following jurisprudence sheds light on the issue. In Raja Bejoy Singh Dudhuria Vs. The Commissioner of Income–tax, Bengal entered into a settlement decree between the stepmother and the Raja awarding a sum of Rs. 1,100 euros per month had to be paid for his maintenance. The court found that the amount paid by Raja to the stepmother was not his income. This was a case where the income was distributed on a preferential basis because the court was required to pay the entire resource of a Raja with a special charge to his stepmother. Assessing Officer in Commissioner of Income Tax, Bombay v. C. N. Patuck, received consent to divorce his wife. As a result of the settlement, the assessee made certain arrangements in favor of his two unmarried daughters. The decree dealt with a tripartite agreement between Messrs. Patrick and Sons, the assistant himself, and his two daughters. Raja Bejoy Singh Dudhuria Vs. The Commissioner of Income-tax The judge stated that the amount paid to the daughter was not her income and was not taxable. He claimed that the amount was diverted from the source and ceased to be his income when his daughter became privileged. On the other hand, the Department argued that the benefits were first paid to the assessee and then the assessee herself distributed the benefits to her two daughters. The whole arrangement was made only to ensure the upkeep of the two daughters. The district court gave the decision to the judge. The decision of the District Court was based on three reasons. First, the very fact that the parties considered paying the secured debt or the defendant’s debt in favor of their two daughters would lead to a collection of the payment immediately after the asset securing the payment was determined. The fact that they were parties to the agreement and that they agreed to pay each daughter from their wages the amount of maintenance owed to them and one-third of the profits of the partnership clearly shows that this was the intention of the parties. Which the source or benefits relate to. Therefore this part of the profit could never become the income of the assessee. The investigator agrees with the decision of the court. It has to be seen whether the income reached the assessee or not. When it reaches his hands, there can be no deviation. But if he acts only as a  collector of income, or because of some payment the income goes elsewhere, he cannot be taxed on that amount. Conclusion Income comes from a source. According to the Income Tax Act,  income is taxed when it arises. A taxable event is a source of income. When I earn income, I put it aside for certain things. Any income obligation is not taken into account when calculating the tax. Thanks to the ingenuity of the people, § 60 was established in the law. The purpose of the section is to curb vandalism, where individuals try to escape tax responsibility by transferring income.

Income Tax

Article 368 Amendment of Constitution

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Abstract To govern a country requires laws framed and followed. These laws which describe the power and limitations of Government and the principal functions of the organs of Government, set out the framework of Government, such laws are known as Constitutional laws, written in a Constitution. As laws framed today may be good for the present situation but may not be good the for future, they lose their efficacy according to the changes in situation and time. Laws require changes according to time. So, our Constitution provides the provisions to make amendments in our Constitution concerning time. What are those provisions, how do they come into force, and how does the Supreme Court interpret these laws? What is the theory of the Basic structure of the Constitution? Introduction Every law needs to be modified according to the requirements of time and situation. If laws are not changed according to time it will result in revolution and other illegal methods for changes in laws will be followed. Art. 368 of the Constitution of India provides the provisions of amendment of the Constitution of India. As we know there are two kinds of Constitutions in the world. One is a Written Constitution and the other is an Unwritten Constitution. Written constitutions are rigid and amendments are difficult. Whereas the Unwritten Constitution is not so rigid. The Constitution of India is a written Constitution and a federal one. Provisions of amendment in the federal Constitution are more complex in comparison to the Unitary Written Constitution. Our Indian Constitution provides unique provisions of the amendment. For amendment in the Union’s subject, the provisions are different from the provisions of amendment in the state’s subject. The Constitution of India provides three different ways for the Amendment of the Constitution. The Supreme Court has given the principle of basic structure concerning the amendment of the Constitution. Necessity for Amendment of Constitution The provisions for amendment of the Constitution are made to overcome the difficulties that may be encountered in the future in the working of the Constitution. If no provisions were provided for the amendment of the Constitution, the people would have recourse to extra-constitutional methods like a revolution to change the Constitution. As discussed above the federal written Constitution are rigid. The framers of the Indian Constitution were keen to avoid excessive rigidity and were anxious to have a document that could grow with the growth of the Nation and adapt itself to the changes in need and circumstances of a growing Nation. But the framers of the Indian Constitution were also aware that if the Constitution was so flexible it would be a playing of whims and caprices of the ruling party. they adopted a middle course. It is neither too rigid to admit necessary amendments nor too flexible for undesirable changes. For amendment the various Articles of the Constitution are divided into three categories: Amendment by Simple Amendment by Special By Special Majority and Ratification of Ways of Amendment of Constitution of India [Article – 368] As discussed above our Indian Constitution provides three different ways to amend the Constitution of India. These are: Amendment by Simple Amendment by Special By Special Majority and Ratification of 1  – Amendment by Simple Majority: The amendments contemplated in Articles 5, 169, and 239-A, can be made by a simple majority. 2  – Amendment by Special Majority: Article of the Constitution which can be amended by Special Majority as laid down in Article 368. All Constitutional amendments, other than those referred to above, come within this category and must be effected by a majority of not less than 2/3 of the members of that House present and voting. 3  – By Special Majority and Ratification of States: The States are given a special voice in the amendment of the State list subject to Schedule VII of the Constitution. Procedure for Amendment of Constitution: It must be passed by each House by a majority of the total membership of that house and by a majority of not less than 2/3 of the members of that House present and voting. a Bill which seeks to amend the provisions mentioned in Article 368 which requires in addition to the special majority mentioned above the ratification by 1/2 of the States. Article 368, however, does not constitute a complete code. The process of amending the Constitution is a legislative process governed by the rules of that process. Amendment of Fundamental Rights and The Basic Structure of the Constitution The question of whether fundamental rights can be amended under Art. 368 came for the Supreme Court in Shankari Prasad vs. the Union of India. The Supreme Court held that fundamental rights can be amended by the use of Art. 368 of the Constitution of India. In Sajjan Singh vs. State of Rajasthan, again this question arises as to whether fundamental rights can be amended by the procedure of Article. 368. The Supreme Court approved the majority judgment of Shankari Prasad’s case and held that the word “amendment of Constitution” means an amendment of all the provisions of the Constitution. Then, in Golak Nath vs. State of Punjab, the question arises, the Supreme Court by a majority of 6 to 5 prospectively overruled its earlier decision of Shankari Prasad’s case and Sajjan Singh’s case and held that Parliament had no power from the date of this decision to amend PART III of Constitution. But after that, the Parliament brought the 24th Amendment Act, of 1971 which states that Parliament has the power to amend Part III of the Constitution of India. Then came the famous case of Keshvananda Bharti vs. State Of Kerala also known as the Fundamental Rights case, in this case, the Supreme Court gave the famous theory of the Basic Structure of the Constitution. The Supreme Court by majority overruled the Golak Nath’s case which denied the Parliament to amend Part III of the Constitution. The majority held that Article. 368 even before the 24th Amendment Act contained the power…

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Indian Constitution

The Sarna Code: A Movement For A Tribal Religion

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In November 2020, the Legislative Assembly of Jharkhand passed a resolution seeking the inclusion of ‘Sarna’ as a separate religion for the Census 2021[1]. A similar yet different motion was passed by the Legislative Assembly of West Bengal in February 2023, seeking a religion tag to ‘Sari’ & ‘Sarna Dharam’.[2] For the past few decades, the tribal communities of the Chhota Nagpur plateau have been demanding that they should be included in a separate religion, and their customs, rituals, and other societal functions as regards their communities should be governed as per the separate religion. classifications The reason behind such a demand is that presently the tribals are being classified either as the Hindus or the Christians or the Others. These classifications, according to them, have resulted in a Cultural Identity Crisis. They contend that their traditions, societal framework, beliefs, customs, rituals, and morals are entirely different from those of the Hindus, Christians & others. • They also don’t share a common link between them and the other religious communities. They do hold a different view as to the creation of the universe, the concept of God, the mode of worship, and the role of their belief in their day-to-day activities. The inclusion of tribals in the Hindu category by the Govt., the recent spike in the conversions of tribals to Christianity, and the inability to hold their forest rights due to the imposition of strict regulations by the forest authorities, have raised concerns in the Chhota Nagpur circles regarding the protection of tribals’ religious and cultural identity. Jal-Jangal-Jameen Nature, colloquially “Jal-Jangal-Jameen” is at the core of this issue. The Nature is being worshipped by the tribals. But with the discovery of rich minerals in the regions of tribal settlements, the Govts. have allowed (subject to law) the construction of dams, mining activities, and cutting down of trees to meet the demands of the surging population. As a result of this, the tribals are gradually losing their forest rights, and these forest rights are intimately attached to their life, culture, and beliefs. There is a feeling among the tribals that due to the lack of governmental recognition of their religion, all these incidents are happening. A number of tribal organizations are also mobilizing thousands of tribals for this cause. It is in light of these events that the tribals of the abovementioned region have initiated movements to acquire a separate religious status for their communities. But there remain certain legal issues attached to this Code. It is important that those people who are fighting for this cause should first address these legal topics, which the writer intends to highlight via this article.  What is “Sarnaism”? The Sarna is a faith, followed mostly by the tribals of West Bengal, Bihar, Jharkhand, and Odisha. The followers of this faith worship Mother Nature which shall include, the Water, Forests, and Lands.[3] The majority of its followers are tribals who also believe in totemism.[4] The believers of the Sarna faith offer oblation to their ancestors. And idol worshipping is not followed by the tribals following such faith. The fundamental part or the major component, constituting the Sarna faith is of worshipping Mother Nature. There are Sacred Groves in every tribal village. These sacred groves, according to them, protect their villages, families, agricultural fields, cattle, water bodies, and vice versa from evil/dark spirits. The followers of the Sarna faith worship these sacred groves. What is the “Sarna Code”? The Sarna Code stands for a set of laws that will recognize a new religion based on Sarnaism, separated from the Hinduism/Christianity/Other religion, and may redefine the various laws pertaining to the land, marriage, divorce, etc. which is currently applicable over the tribals. Although no such draft of the code is available in the public domain and the organizations fighting for this cause are yet to release any document in this regard, up to a certain extent, we can assume and analyze the legal hurdles associated with this issue, considering the organizations’ demands. Reference [1] THE HINDU, https://www.thehindu.com/news/national/other-states/jharkhand-assembly-passes-resolution-on-sarna-code/article33081116.ece (last visited Apr. 5, 2023). [2] THE ECONOMIC TIMES, https://m.economictimes.com/news/india/tmc-brings-motions-in-assembly-for-religion-tag-to-sari-sarna-dharma/articleshow/98024180.cms (last visited Apr. 5, 2023). [3] OUTLOOK, https://www.outlookindia.com/national/explained-what-is-the-sarna-religious-code-and-what-are-its-followers-demanding–news-230860, (last visited Apr. 5, 2023). [4] Vikrant Kumar & B Mohan Reddy, Status of Austro-Asiatic groups in the peopling of India: An explanatory study based on the available prehistoric, linguistic and biological evidence, INDIAN ACADEMY OF SCIENCES (15 April 2003), https://www.ias.ac.in/article/fulltext/jbsc/028/04/0507-0522.

Criminal Law, Indian Constitution

Schools Of Muslim Law

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Introduction:- Schools mean thoughts. Schools under Muslim Law are two:- Sunni school; & Shia The division between Sunni and Shia schools is not based on theological ground It is based on political grounds with respect to the appointment of a caliph and increased with the passage of time. Caliphs:- Abu Bakr Hazrat Umar Hazrat Usman-e-gani Hazrat Ali   Schools under Muslim Law:-  Sunni school’s sub-schools:- Hanafi School:- Founder:- Imam Abu Hanifa founded the Hanafi school Imam Abu Hanifa was born in 80 A.H.at Qufa. He has constituted a committee of forty people for the purpose of Codifying Islamic law and this committee took 22 years to complete its work. Hanafi School has solved almost 5 lakh legal problems. This collection is known as Kutubh-Abu-Hanifa. He died in 150 H. at the age of 70. Features:- The Quran is the most important source of Muslim Law, having dual purposes Provides law and Confers authority to another source. All traditions of the Prophet are not important only traditions that are established/approved and beyond doubt are important. Ijma can be of any age according to the changing needs of society/time. He accepted analogical deduction as a valid source of He founded a new doctrine called the Doctrine of Juristic Preference. Maliki School:- Founder:- Maliki School was founded by Imam Malik. Imam Malik was born in Madina He wrote a book called Muwatta. Features:- The Quran is the most important source of the law. He was in favor of those traditions which was similar to the practices of the people of Madina. He validates the Ijma of jurists and their successors. He preferred analogical deduction which was in consonance/conformity with the Quran and the traditions of the Prophet. He founded a doctrine of Public Good. Shafi’i School:-  Founder:- Imam Shafi’i was born in Ghaza, Palestine. He belongs to the tribe of ‘Quresh’ and was a ‘Hasmi’, remotely connected with Prophet. Features:- The Quran is the source of legal knowledge. He preferred sunnat over hadith. He was a strong supporter of Ijma He accepted and formulated a detailed rule into the application of analogical deduction as a source of Law He rejected both the doctrines of Imam Hanifa and Imam Malik.. Hambali School:- Founder:- Imam Muhammad Hambal was the founder of this School He was born in Baghdad. He belonged to the family of Shayban Abu Hanifa. was one of the famous disciples of Imam Abu Abu Hanifa. Features:- The Quran is the most important source of law. He accepted every kind of Tradition. He accepted but rarely used Ijma as a source of Law. He used Qiyas only in Share of necessity. Shia school:- Ithnā ʿAsharīyah:- believes in twelve Imam Ismailiya:- believes in seven Imam Zaidiya:- believes in four Imam PREPARED BY:- PUJA DWIVEDI, BIHAR UNIVERSITY.

Law

Secularism

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‘India’ is a Union of states in which people from different states belong to different castes, creeds, communities, and religions. It is, therefore, rightly quoted that India is a country of ‘unity in diversity’. Though the people of India follow their own culture and religion distinct from each other, the sense of respect towards each other religions is well maintained among the people. The concept of secularism is a philosophical phenomenon rightly embedded in the preamble of the Constitution of India. The word ‘secular’ was added to the constitution by the 42nd Amendment, 1976 which clearly states that the state recognizes no religion as the state religion. The sense of secularism is also embedded in the fundamental rights of the constitution i.e. Articles 25-28 which guarantees people to freely practice and propagate any religion of their choice. Introduction: India is a democratic nation and a land of diversity and this can be seen in terms of religion also. The very basis of this democracy lies in Secularism as it ensures all citizens are equal before the law. Secularism is a positive concept of religious tolerance that expresses the notion of equal treatment of all religions. basically, means that the state does not authorize any particular religion, it is neither religious nor irreligious but maintains neutrality in matters of faith.[i] Secularism And The Indian Constitution:  The word ‘secularism’ is not defined in the constitution of India but the constitution recognizes how important religion is in the lives of the people of India and hence, provides various provisions in the constitution of India itself which incorporates the basic principles of secularism. As stated above, the 42nd Amendment,1976 of the Indian constitution added the word ‘secular’ to the preamble of the Constitution. Moreover, there are some articles in the Constitution of India that provide the fundamental principle of secularism which are as follows: Article 14 guarantees giving equality before the law and equal protection of the law to all people against discrimination by law. It ensures equal rights without discrimination. Article 15 bars discrimination on the basis of a person’s caste, race, religion, sex, or place of birth. Neither the state nor its citizens can discriminate against any other person on the basis of the said five grounds as it is necessary for the people to live peacefully. The article also provides special provisions for women and children. It also enables the state to make and implement special [1] requirements for the upliftment of the Scheduled Castes, Scheduled Tribes, and other socially and economically backward classes. Article 16 provides equality of opportunity in matters of public employment which states that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. Moreover, no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be discriminated against, in respect of any employment or office under the state. Article 25 provides freedom of conscience, that is, all persons have equal rights to freedom, to profess, practice, and propagate religion. This right is available to all citizens as well as non-citizens. Article 26 provides freedom to manage religious affairs as it confers a right (subject to public order, morality, and health) on every religious denomination or any section of such religious denomination of establishing and maintain institutions for religious and charitable purposes; managing its affairs with regard to religion; owing and acquiring property (movable and immovable); administering the property in accordance with law. Article 27 provides freedom from taxes for the promotion of any particular religion. Article 28 prohibits religious instruction in any educational institutions that are maintained wholly out-of-state funds. Moreover, any person attending state recognised or state-funded educational institution is not required to take part in religious instruction or attend any workshop conducted in such an institution or premises of such an educational institution. Article 29&30 provides for the cultural and educational rights of minorities. The Supreme Court of India in the year 1994 case S.R. Bommai v. Union of India established that India was a secular country since the formation of the republic and ‘secularism’ is the basic structure of the Indian constitution.[2] Secularism In The Present-day Scenario: As mentioned above the word ‘secular’ was added to the constitution by the 42nd Amendment Act,1976 but the concept of secularism has always had great significance in India because religions played a vital role in Indian history. There are many religions in India such as Hindu, Muslim, Sikh, Christian, etc. As we have seen above our constitution has given the right to profess, propagate, and enjoy the freedom of religion to all citizens and noncitizens in order to ensure harmony among the people so that every person can live peacefully in a society. In order to maintain this harmony, respect, brotherhood, and tolerance are expected from every person so that no one can hurt the religious sentiments of one another. Despite the concepts of secularism and religious harmony provided in the Indian constitution, India has witnessed immense religious violence which can also be traced from the history of India. India accepts all religions but due to different beliefs, traditions, ideologies, and superstitiousness, religions have caused a division among the people of different faiths. For instance, in India conflict between Hindus and Muslims, historically, can be seen as there were several incidents such as the 1964 Kolkata incident, the 1983 Nellie massacre, the Gujarat riot1969&2002, the Hashim Pura massacre in 1987, the Anti-Sikh riot in 1984, the exodus of Kashmiri pandits in 1989, Babri masjid & Ayodhya case, etc. In a recent instance, the statement given by Nupur Sharma, a BJP spokesperson, about the Prophet Muhammad incensed Indian Muslims and outraged Islamic nations. Moreover, removing Mughal history from the NCERT books is another instance that shows an orthodox communal mentality. These instances are nothing but politically manipulative agenda which results in bias-motivated crime which occurs when a perpetrator targets a victim because of their membership in…

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Indian Constitution