Author: toahostinger
Secularism
‘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…
LEGAL UPDATES AUGUST 2023
AUGUST MONTH MAGAZINE 2023
LEGAL UPDATES AUGUST 2023 MAGAZINE HINDI AUGUST-2023
Right To Education
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
Prostitution – Should Be Legalised In India ?
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…
Fundamental Rights And Its Significance To Establish Democracy
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…
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Freedom Of Speech
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
Dowry Death
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 amendment act, 2018
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…