Category: Indian Constitution

Digittalization OF Judiciary law What is It? ABSTRACT  Every business industry has always been susceptible to a full transformation due to the  advancement of information technology (IT). This initiative’s main goals are to enhance  customer service and use data more effectively to guide decisions on a global basis. The  government of India’s “Digital India” project is also assisting in the revolutionization of India’s  industrial sector.  However, in the context of the growth of the digital economy, it is still in the early phases of  development. The legal sector in India has not been immune to its consequences. The impact  of legal technology is quickly changing how legal departments and organisations operate. We  will discuss need of digitalization in the field of Judiciary in India.  INTRODUCTION  The Covid-19 restrictions furnished a major thrust to the digitisation of Indian courts. The  judiciary, led through the preferrred court and the high Courts, followed e-submitting for urgent  matters and carried out common hearings over video conferencing.  Digitization, for the Indian judiciary, provides a golden possibility to lessen the pendency of a  plethora of cases and maintain the decade-vintage files. For this reason, it’s miles imperative that the usage of virtual technology be mentioned to better  utilise its capability, mainly in terms of digitisation of court docket statistics, e-filing of  instances and their digital listening to, stay streaming of court complaints.  THE APPEARANCE OF TECHNOLOGY IN INDIAN JUDICIARY   In India, e-governance in the field of management of justice started out within the overdue  Nineteen Nineties, however it improved after the enactment of the information and generation  Act, 2000. Because the 21st century started, the point of interest was on digitising the court  docket’s facts and establishing e- courts throughout the USA. In the year of 2006, e-courts have  been launched as part of the national e-Governance Plan .  WHAT STEPS HAVE BEEN TAKEN BY COURTS FOR  DIGITALIZATIZATION OF IINDIAN JUDICIARY?  The Allahabad excessive court is a guiding example on this regard. as the leader Justice of  Allahabad high courtroom (HC), Justice D Y Chandrachud conceptualised and initiated the  venture to digitise approximately one crore case documents in twelve months. The listening to of matrimonial instances via video-conferencing became authorized by the  ideal courtroom in the count number of Krishna Veni Nagam v Harish Nagam1. but, the  direction changed into brief-lived.  In 2018, the splendid court allowed the live-streaming of instances of constitutional and  national significance on the idea of the judgement in Swapnil Tripathi vs best court Of India2,  2018.The livestreaming of courtroom complaints is a step toward making sure transparency  and openness.The Gujarat HC in July 2021 have become the first court docket within the us of  a to livestream its complaints.It turned into emulated by the HC of Karnataka, Odisha, Madhya  Pradesh and Patna.The cutting-edge vision file for segment III of the e-Courts assignment  become brought at some stage in the Covid-19 pandemic to address the judiciary’s digital  deprivation.  It envisages an infrastructure for the judicial machine this is ‘natively virtual’ and reflects the  impact that the pandemic has had on India’s judicial timeline and questioning.recently, the law  Minister has stated that for enforcing section two of the eCourts task, there’s a need to undertake  new, slicing edge technology of machine gaining knowledge of (ML) and synthetic Intelligence  (AI) to increase the performance of the justice shipping gadget.To discover the use of AI in the  judicial domain, the ideal court docket of India has constituted an artificial Intelligence  Committee.  WHY IS DIGITALIZATION OF JUDICIARY A WANT?  Difficulty in keeping physical data: not simplest a massive space is needed to shop so many  files, it’s also pretty difficult to manually maintain the a long time-vintage documents. it has been located that instances are adjourned surely because affidavits filed numerous years  ago had been now not restored with the record or have been now not traceable.  ACQUITTAL OF CONVICT: any other purpose is to ensure that those documents are  traceable electronically as and while required. The results of missing courtroom data are grave.  in many vintage instances, criminal facts are observed to go lacking thereby leading to the  acquittal of the accused.  In nation of Uttar Pradesh v. Abhay Raj Singh3, it became held through the excellent court  that if court records pass missing and re-creation isn’t always possible, the courts are sure to  set apart the conviction.  DELAYS IN INSTANCES:  The time ate up in summoning information from the lower courts to the appellate courts is one  of the essential factors that motive delays in instances.  What demanding situations are being faced within the Digitisation of Judiciary? CONNECTIVITY PROBLEM: internet connectivity problems and the need for a properly ready area where attorneys can conduct their cases are a number of the major troubles requiring  interest. legal professionals in semi-city and rural districts locate on line hearings tough, mostly  due to connectivity problems and an unfamiliarity with this way of working  DIGITAL LITERACY: Many judges, court body of workers and lawyers aren’t well-versed with digital technology  and its benefits.  PRIVACY ISSUES: With growing digitisation, especially of courtroom facts, privacy issues are probable to be at  the forefront of judicial and public deliberations within the coming years.  HACKING AND CYBERSECURITY: At the top of era, cyber-security can be a big subject too. The authorities has initiated remedial  steps to deal with this problem and formulated the Cyber security method.but, the sensible and  actual implementation of the same remains a mission.  OTHER DEMANDING SITUATIONS: The digitisation of courts over the past decade has been singularly focussed on individual  litigants, with courtroom websites designed to allow access to man or woman cases. there may  be no mechanism for a machine-level examination of the judiciary.  Deployed with good enough making plans and safeguards, technological gear may be a  recreation changer. however, technology is not consistent with se cost-neutral — that is, it is  not proof against biases. power imbalances need to be checked upon.  WHAT STEPS MAY BE TAKEN FOR DIGITALIZATION OF INDIAN  JUDICAIRY?  Position of Judges and legal professionals: Political will and the support…

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CHILD ABUSE INDIAN CONSTITUIONAL ACT ABSTRACT Child abuse is a prevalent occurrence in every society. Any harmful conduct towards a child, be it initiated by an adult or a minor, is regarded as child abuse. Child maltreatment may refer to any form of physical, emotional or sexual harm inflicted on a child. While child abuse is often characterized by a specific action, children can also be negatively impacted by instances of neglect, which involve inaction. The present investigation makes a humble effort to understand child maltreatment and its various forms. Included in this study are both the impacts of child abuse and strategies for minimizing its occurrence. It is the responsibility of society to carry out preventive initiatives aimed at fostering the growth and development of children, particularly within families and educational institutions. INTRODUCTION The maltreatment and neglect of children is defined by both federal and state laws. State legislation can outline the definitions of child abuse and neglect in both civil and criminal aspects. This paper offers explanations of civil terms that validate the participation of government child protection organisations. The CAPTA, a federal act on Child Abuse Prevention and Treatment, defines child abuse and neglect as any recent act of a caretaker resulting in serious harm or an imminent risk of harm to a child. Essentially, mistreatment of a child constitutes abuse. It is possible for the abuse to manifest in different ways, such as sexual, emotional, or physical. The acts of child exploitation and neglect are other terms used to describe this type of abuse, which involve a failure to provide a child with adequate care. In simpler terms, child abuse refers to any conduct, conduct, or nonverbal actions that inflict significant harm on a child, coming from an adult or a child. It may manifest as physical, sexual, or emotional mistreatment, but it is equally probable that it stems from a deficiency of tenderness, concern, and mindfulness. The act of mistreating or neglecting a child, also known as child abuse or maltreatment, encompasses any form of physical or emotional harm, sexual abuse, neglectful actions, or mistreatment for financial gain. Such mistreatment can have negative effects on a child’s health, survival, development, or self-worth in situations where there is a relationship of responsibility, trust, or authority. This definition was provided by WHO in 2002. TYPES OF CHILD ABUSE PHYSICAL ABUSE In nearly 44 states, such as American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, harmful actions or situations that endanger children are considered forms of abuse according to their definitions. These may involve activities that put the child in danger or significantly increase the risk of harm. In general, physical abuse refers to causing unintentional physical harm to a child, such as hitting, kicking, burning, biting or other actions that cause physical incapacitation. Physical abuse of a child is recognized as any harm resulting from hitting, beating, kicking, biting, burning, or other physical actions. According to the American Humane Society, physical abuse is the most evident form of mistreatment of children. Such abuse includes actions like punching, kicking, biting, shaking, tossing, stabbing, choking, striking with items such as a hand, stick, or strap, burning, or any other injury-causing activity which can result in a range of damage to a child’s physical well-being – from minor bruising to severe fractures or even death. Even if the intention of the caregiver was not to cause harm to the child, any such injuries are considered to be a form of abuse. Moreover, children being raised by single mothers or facing disabilities are more prone to encountering physical abuse. Also, a child brought up in a destitute environment or an atmosphere rife with domestic violence has an increased chance of facing violent acts. Likewise, a similar scenario arises when a child is raised alongside an adult who is not related to them or in a family unit with multiple offspring SIDE EFFECTS OF PHYSICAL ABUSE The immediate and long-term effects of physically abusing children are significant. The child could face physical distress, health complications, and in severe cases, risk mortality. Unlike the bruises and cuts resulting from physical abuse such as whipping, punching, kicking, and strangling, the psychological anguish can linger for much longer even after the physical wounds have healed. The extent of the damages or lasting consequences is contingent upon the age of the child at the time of experiencing abuse. The chances of infants developing persistent health complications like tremors, irritability, fatigue, and vomiting attributable to neurological damage are most probable if they’ve undergone physical abuse. Lifelong seizures, permanent blindness or deafness, lasting paralysis, cognitive impairments, and even more grave consequences. Studies indicate that there is a correlation between physical abuse, depression, and violent conduct. However, the nature of this link seems to vary based on gender disparities, as reported by Scarpa, Haden, and Abercromby in 2010. It appears that the responses of males and females to trauma differ, as males tend to exhibit more antisocial behaviors while females tend to withdraw more. Multiple studies (Gover & Mackenzie, 2003; Hill, 2003; Kilpatrick et al., 2003, as cited in Scarpa, Haden, & Abercromby, 2010) indicate that physically abusing children is a strong predictor of symptoms associated with depression. It is important to examine the relationship between depression and childhood trauma as dealing with depression can have a significant impact on an individual’s emotional wellbeing and career prospects. Even after their physical wounds have fully recovered, children who have been victims of physical abuse may continue to suffer the consequences. Experiencing physical harm or mistreatment as a child can lead to various negative physical and mental health consequences later on, such as depression, anxiety, eating disorders, conduct disorders, substance abuse, suicidal tendencies, obesity, sexually transmitted diseases, and engaging in unsafe sexual practices. EMOTIONAL ABUSE A kid being subjected to emotional abuse or mental harm is defined specifically in around 33 States. According to popular opinion, abusive words and emotional abuse may seriously harm a…

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Understanding the Intersection of Mental Health and Legal System: Challenges and Solutions Someone who is emotionally well will also be physically healthy.  Abstract  Just like physical health, mental health needs to be taken care of. Mental health includes both mental sickness and mental well-being. Both refer to a mental state or situation where one experiences anxiety, tension, disorder, and sadness; in contrast, mental happiness promotes vitality, jollity, enthusiasm, creativity, and other positive emotions. It has an equal impact on all age groups—old, young, and children—as well as all socioeconomic statuses—low and high—in education, the economy, and society.  Introduction  It also causes severe illnesses like OCD, PTSD, disorders that result in mental illness, schizophrenia, psychological problems, and internal trauma. However, every issue has a fix, so these can be fixed. Significant mood swings, loneliness, mugging up, insomnia, either sleeping a lot or having disturbed sleep cycles, changes in behaviour patterns, body aches, distance from family and friends and people they are close to, or overthinking in which thoughts are leading to self-harm or suicidal thoughts are some of the symptoms we should look out for when they occur.  Notable features  People who experience these symptoms may seek therapy in such cases or should take immediate action to alleviate their symptoms. People who experience these symptoms should treat themselves with kindness, respect, and value. Without considering the opinions of others, they should pursue their interests in dancing, singing, writing, travelling, gardening, and learning new things. Many individuals prevent themselves from engaging in their passions, contributing to mental illness. They should engage in frequent exercise to keep their minds sharp and joyful.  They should surround themselves with people who benefit their mental health and avoid toxic and negative people. They should avoid doing things they don’t want to and focus on doing things that make them happy. Both medication and meditation should be used to promote mindfulness, well-being, and a quiet mind. Mental health laws are as vital as other laws; in fact, these laws are incredibly significant and greatly influence people’s lives. Initially, mental health laws were primarily concerned with the safety of society.  This also signifies societal obligation and welfare. Many human rights organisations advocate for protecting people suffering from mental illnesses. Article 1 of the Universal Declaration of Human Rights states that “all people are free and equal in rights and dignity” and “people with mental disabilities are protected by human rights law under their basic humanity.”  Laws relating to mental health  In India, laws governmental health programmes, such as establishing a Central or State Mental Health Authority to regulate and supervise psychiatric hospitals or nursing homes and advise the Central or State Governments on Mental Health topics. The Mental Health Act, 1987; the Protection of Human Rights Act, 1993; the Persons with Disability Act, 1995; the National Trust Act, 1999; the Protection of Women from Domestic Violence Act, 2005; and the Protection of Children from Sexual Offences Act, 2012.  Conclusion  A person can be cured of mental disease and live happily and quietly in society with their assistance; treatment, medications, meditation, supporting laws, and personal analysis of ailment, spirit to fight with it and win it. It’s always crucial to balance your mental health with other aspects of your health. One must be aware that a sound mind leads to a good life, including excellent mental health.

Article 21 of indian constitution and human rights Article 21 of the Indian Constitution states that life is more than just the act of breathing. It does  not suggest constant labour or a life of bare survival. It addresses a far broader variety of  concerns, including the right to a reasonable quality of living, the right to a means of support, the  right to health, the right to clean air, etc. The right to life includes all those aspects of life that  give a man’s life meaning, joy, and value. It is necessary of our very being with out which we  cannot exist as humans. The right to life is a fundamental premise that derives the minimal  necessities, pre requisites, and core desires of a person.   Article 21 Provides Two Rights: RIght To live according to mentioned  One of the most important rights that its Constitution protect is the fundamental right stated in  Article 21.  This right has been referred to as the “heart of fundamental rights” by the Supreme Court of  India.  The right says clearly that no one can be deprived of its life or free except in accordance with the  legal process. This suggests that this right is solely applicable against the State. State in this  context refers to not only the government but also government agencies, local groups,  legislatures, etc.  Any shy citizen infringing on another person’s rights does not amount to a violation of Article  21. The victim’s remedy in this situation would be provided under Article 226 either by general  law..  The right to life includes far more than the capacity to survive. It also must include the ability to  live a full life with dignity and commitment.  Article 21’s main objective is to ensure that the State only violates a person’s right to life or  liberty in accordance with the established legal process.  Case laws based on article 21:-   The Hon’ble Supreme Court of India held in Kharak Singh v. State of Uttar Pradesh that “life”  refers to more than just animal existence. The prohibition against its loss pertains to all the limbs  and faculties that are used to enjoy life. The prohibition prohibits the mutilation of the body  through the deletion of an eye, an armoured leg, or any other organ through which the soul  connects to the wider world. Euthanasia in india  Passive euthanasia has been made legal in India.  The SC legalised passive euthanasia in 2018 by allowing individuals in a permanent vegetative  condition to have life support removed.  This choice was taken as a result of the judgement in the well-known case concerning Aruna  Shanbaug, who passed away in 2015 after more than 40 years of being in a vegetative status.The  court rejected active euthanasia by means of lethal injection. Active euthanasia is illegal in India.  Due to the absence of euthanasia legislation in the nation, the court ruled that its ruling would  take precedence until the Indian government introduced appropriate legislation.  A tight set of rules govern the validity of passive euthanasia.  Patients must be in a vegetative state or have a fatal disease in order to consent to this therapy  through a live will.  In a living will, a person specifies what medical procedures should be executed in the event that  they become ill or be incapable of making decisions for themselves.  The doctor will construct a hospital medical board after informing the patient and/or his relatives  when the executor (of the living will) gets a terminal illness with no prospects for recovery.  4 Important Factor For Right to Life and Suicide  4. a) No one has total autonomy over his or her life. He or she has a responsibility to their family. A  person’s suicide can frequently leave a family penniless.  4. b) Decriminalizing aiding in suicide may follow the decriminalisation of suicide. The argument against  it is that suicide alone can be decriminalised if the requisite legislation or legal guidelines are in place  to include aiding in suicide.  Arguments in favour of decriminalising suicide:  Conclusions :  The Indian constitution’s framers crafted this Article in a way that neither makes any provision  obligatory nor exempts any person from the fundamental obligations that all of the nation’s  citizens are required to uphold. No rights or obligations will be omitted because this article has observed the socio-economic  structures of the countries so closely. Maybe the most distinctive aspect of our constitution that  sets it apart from those of other countries is this.