theoryofabrogation

Tag: Debate

Death penalty abolition or retention

Death penalty abolition or retention For a long time death penalty has been a topic that is surrounded by controversy also the oldest form of punishment for every era death penalty is considered the most strict and the oldest ancient form of punishment. that have existed capital punishment or the death penalty has always been the most relevant and important topic of debate in India and it should be important to come to light in India this penalty is given in the rarest of rare cases whereas if we look at other countries like the UK. has abolished the death penalty last death penalty was practiced in 1964 in the UK it was not easy to abolish the death penalty in the UK but they finally managed to do that whereas in India last execution was performed in 2020 March in the Nirbhaya case. Introduction Society is made of two-component crime and criminals which has resulted in a disturbance in social peace and community is getting disturbed by the crime and criminals to deal with such issue government come with a punishment sentencing that should be in correspondence with the crime done by the individual means the nature of punishment should be equal to nature of the crime. In the case of Suraj Ram versus the state of Rajasthan, the supreme court held that the state should consider the rights of criminals while awarding sentences to be fair but the state should also consider we can to get justice further court elaborated that the purpose of sentences the criminal should never be and unpunished and Victim should never be unsatisfied. The most controversial punishment is the death penalty or capital punishment J.R.R. Tolkien said many that live deserve death and some that die deserve life.  Background Death punishment is been practiced over the centuries in the 18th century BC King Hembury of Babylon performed capital punishment for 25 different crimes during the Mughal Era barbeque method also put offenders to death even the British use to used the hanging method to punish the offenders 14th century BC Kohli used this penalty in the 17th century this penalty was made for all kinds of crime by BC decorate Athens. Also, Captain George Candle in the Jameson colony of Virginia in 1608 was first executed for spying on Spain in 1612, the death penalty was given even for minor crimes. Retention versus abolition debate Many people believe that they do not believe in capital punishment as it takes the life of a person which cannot be taken by anyone except God some believe that the penalty is the only solution to teach a lesson to criminals who perform severe crimes there were so many aspects of both abolitions somewhere promoting the moral values and ethics in favor to abolish the capital punishment others were looking in the theory of deterrence to provide justice to society and victims by hanging. Theory of deterrence In the view of abolitionist abolished the person who commits a crime like murder or rape is not in his senses while performing such moment he remains in the inactive state of mind and he is not aware of what he is doing and what could be the consequences while performing such as he is lost in the wave of emotion, giving death penalty cannot do justice to him, moreover it can also not decrease the crime rate death penalty is an unnecessary act. whereas receptionists said that fear of death is a deterrent if a person is in fear of death then he will think twice before committing some serious or any kind of crime, the punishment provides justice to the victims and stops the crimes that could happen in the future. Crime rate Abolitionist argues that the penalty has no direct or indirect connection with crime rates this is just a custom or a procedure that is followed by the government it does not result in a decrease in the crime rate of the country this argument was taken from the study of theologist Stallin he in his study after collecting the data from the United State of America concluded that that penalty is just a custom it has no role in decreasing the crime rate. Retentionists have the opposite view According to them capital punishment or death brings fear in the mind of the person who is thinking of committing any kind of crime does it directly or indirectly reduce the crime rate Professor Isaac in his article pointed out some loopholes in the study of Stalin according to him the work of Stallin’ neither develop nor tell the full range of implication. Society’s rights Abolitionist stated that no one in the society has right to award death to any person the kind of punishment it can only be done through the act of God also Death punishment somewhere harm the human rights of the person whereas retentionist argued that since the right to death is only can be done through the God not through any person but to provide justice to the victims and the society accused must be punished in a fair way and with the fair punishment which is equal to his crime like murder rape terrorist attack cannot be tolerated and accused must be punished to death. Retention in India Dead penalty in India has been practiced for a very long time from the Mughal Era to British rule used to punish with capital punishment British applied the death penalty under the Indian Penal Code 1860 in 1931 on 27 January question of the abolition of capital punishment was raised by the Mr. Gaya Prasad Singh however this motion was rejected later Mr. Mukund Lal Agarwal introduced a bill of the abolition of capital punishment on August 23, 1956, in the first Lok Sabha of the republic of India it was later rejected but the discussion continued and topic of cropping down this punishment continued later in 1962 a resolution was passed…

Criminal Law, Indian Constitution, Indian Penal Code, Law

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…

Indian Constitution, Indian Penal Code