Tag: Human rights

Police Brutality

November 11, 2023 toahostinger No Comments

Police Brutality This article tries to highlight police brutality, which is when the police use excessive force because police brutality seriously violates human rights. It can be said that society is impacted by the police’s harshness, cruelty, and ruthlessness towards helpless and vulnerable people. The state’s most powerful and in charge branch of government is the police. They are employed to help those in need, settle disagreements and disputes, assist the weaker groups, offer security and recourse, and uphold law and order in the community, but officers abuse their authority. The history of Indian police will be discussed in this article, including how it first developed and its current structure. Further articles describe an analysis of police behavior in which ways police misuse their power or which type of excessive or physical force is used by the policeman. The article also focuses on police brutality laws, controls, and police complaint procedures. Introduction The word police are derived from the Latin word “Politia”, which means state or administration. The Police Act, of 1861 defines the term police in section 1 as “police” includes all persons who shall be enrolled under the Act. The word brutality is derived from the French word “Brutal” which means severity, harshness, or fierceness. It is the psychological or physical intimidation of innocent people through a variety of tactics, such as unlawful detention, torture, abuse, physical assault, etc. The police’s roles and responsibilities include serving the community, reducing crime, upholding the rule of law, settling interpersonal issues, etc. When people disobey the law and order, the police may use excessive force to quell the violence, which is when police brutality happens. Sometimes it is based on racial discrimination means discrimination against any person based on caste, creed, region, religion, sex, etc. Police brutality can be mental, physical, verbal abuse racial profiling, and false imprisonment. There are so many nations with laws against police brutality. Although it is considered a serious infraction, there are still many instances where citizens’ or victims’ complaints never even get to the point of an investigation. Historical Background Of Police In India The pre-19th-century background of the police in India will be covered in this essay. The notion of a separate regular police force did not exist throughout the British era, and the relevant period was immediately following the creation of the rule. Warren Hastings initiated several laws for police reforms in 1774 during the Company’s authority, which subsequently culminated in the Police Act of 1861. The execution of the recently constituted Sindi territory was given to Sir Charles Napier. To capture this dangerous and crime-ridden area, he reorganized the local police apparatus, ensuring that it would provide the required outcomes and operate as intended. After independence, Sardar Vallabhbhai Patel, the first Union home minister, recognized the importance of civil services in India, and the Islington Commission Report first referred to it as the Indian Police Service in 1917. Numerous acts were passed after independence, including the CRPF Act, of 1949, The Kerala Police Act, of 1960, and The Mysore Police Act, of 1963, etc, were promulgated. In 1951 the All India Services Act was enacted constituting an All India Service known as the IAS and IPS. Read Also Freedom Of Speech Kinds Of Police Brutality Illegal Detention The term “illegal detention” describes constraints placed on a person by police officials acting within the scope of their legally recognized authority to administer the legal process but without any legally recognized justification, such as a valid arrest warrant, reasonable suspicion, or permission. It is also known as a false arrest or detention. Racial Discrimination Racial discrimination is when police officers treat poor people unfairly or illegally based on factors such as caste, creed, color, gender, sex, religion, age, region, etc. Police personnel reject complaints from people of lower castes. Sexual Harassment When police officers act improperly or abuse their authority by physically, verbally, or orally assaulting somebody, it is known as sexual harassment. It refers to any victim or prisoner being harassed illegally. For example, sexual assault during a late-night traffic stop, and coercive, rape by a corrections officer. Wrongful search and seizure In many common and civil law legal systems, wrongful search and seizure refers to the practice of police officers or other authorities and their agents searching a person’s property while under suspicion of committing a crime and seizing any evidence they find that is connected to the crime. Only a few nations’ constitutions include clauses guaranteeing people’s freedom from “wrongful or unreasonable searches and seizures.” The main premise of this right is that everyone has a legitimate right to privacy. Laws Related To Police Brutality The organization is recognized by the constitution as a quasi-federal body that is specified in Article 246 and listed in the State List of the Seventh Schedule and it is outside the scope of the state’s particular government’s authority to enact laws governing the police in that state. But policing directives are entirely federal. The Indian Police Act of 1861 governs the country’s police administration. This act has been passed by 28 Indian states and 8 union territories. After all, there are numerous contradictions or issues in the Indian police system. There Are Mainly Three Types Of Laws Under Which A Case Can Be Filed Against Police Brutality Public Law Criminal Law Private Law In this article, we will deal with two laws i.e., Public and Criminal law because most cases are filed under these two laws. Public law The Indian Constitution is where public law for police administration first appeared. In the third part of the constitution, which addresses violations of fundamental rights, the courts have consistently held the police force and the state accountable for excessive force under public law and assessed damages and punishment against both the state and police officers. Criminal law Under Sections 197 and 132 of the Criminal Procedure Code, police systems are liable to be protected from unjustified allegations. The Criminal Procedure Code, which was passed in 1973, provides procedural safeguards to police…

Honour Killings In India

November 4, 2023 toahostinger No Comments

Honour Killings In India Honour killing is one of the cultural offences in the nation. The killing of a (usually female) family or clan member by one or more (mainly male) family members who feel the victim has brought dishonour upon the family, clan, or community is frequently referred to as a “customary killing“. As honour killings are not gender-specific, many of their occurrences go unreported and uninvestigated due to the embarrassment that such an admission would entail. The main goal is to make the family member look bad. Three sections make up the current article. In the first section, there is a brief discussion of the definition of honour killing and its reasons. The laws that are already in place and those that have been proposed for judicial decisions to stop them are also included in the second part. The third and last portion of the article explores the potential for additional rules and regulations to apply to it. Introduction Honour killings are carried out by relatives who believe that doing so will purify their group. They murder one of the members to earn back the family’s reputation and rid them of the shame and disgrace that that person had brought upon them. A male relative murders the female who disobeyed them and disobeyed the family. This is a type of premeditated murder perpetrated against the person who disgraced the family. Most often, these behaviours result from triggers set off by close family members, the community, or nearby neighbours who make the accused feel degraded and agitated. Most of these are directed at females who are thought to have committed sexual or marital crimes. When a member of the community chooses someone from a different caste, it creates inequity in a society where everyone is treated fairly and without prejudice. Since a girl’s caste and position shift when she reaches her husband’s home, caste and status are the main causes of it in the modern world. The study’s objectives are to learn more about honour killing, emphasise its seriousness, educate society about its repercussions, and look into the contributing elements. Background In many different societies today, honour killing is still a long-standing ritual. It started long before the Islamic era, but they were more common during it. Some authors assert that honour killing happens everywhere, while others assert that it is specific to certain communities in Southeast Asia and the Middle East, where it is deeply ingrained in traditions and customs that date back to ancient times. Some analysts claim that the Baleech and Pashtun tribes of Balochistan engaged in the practice of honour killing. In the past, adultery and rape were regarded as immoral behaviours in Rome, and women’s lives were taken to preserve the honour of the home and community. Women are seen as less than men in Greek society, but they are also the victims of men. It has been proven that numerous women were executed for adultery or on suspicion of adultery in ancient Egypt and among American tribes under the guise of honour crimes. Definition Of Honour Killing According to Human Rights Watch, “honour killings” are acts of violence, most often murder, carried out by male family members against female family members who are believed to have tarnished the family name. For many reasons, a woman may come under the family’s wrath, such as refusing to participate in an arranged marriage, being the victim of sexual assault, requesting a divorce—even from an abusive husband—or engaging in adultery. An attack on a woman’s family can begin simply with the idea that she has acted in a way that “dishonours” them. Reasons Of Honour Killing The following are the specific justifications for honour killing. Refusal to accept an arranged marriage: Whether a male or female family member refuses to accept the marriage that has been planned by the family, they will be slain for the benefit of the family. When a person declines the marriage that the family has arranged, the family members experience a certain amount of guilt. Divorce: The victim of an honour killing would be a married person who sought a divorce due to problems in their marriage with their family. When a member of the family feels that the victim would rather die than live, they may decide to kill the person themselves rather than seek a divorce because it will damage the family’s reputation. Family member allegations and rumours: The victim may become the target of family member allegations or rumours spread by the community at large. Because of their status and reputation, the family members would murder the member, whether they knew the truth or not. According to them, killing the victim will boost the family’s reputation and position. Homosexuality: It is now considered normal when love develops between people of the same sex. When a couple of the same sex wishes to live together, the family or society forbids it, which in turn leads to more and more accusations and upsets the family members. Victims of rape: Women are being raped in a society where they ought to be protected. In that scenario, it is the responsibility of the family to accept such victims, but they see it with shame and believe the girl’s life is over and she is wholly useless to them and society as a whole, so they plan to kill her. Inter-caste marriage: When a victim marries someone from a different caste, the party who views their caste as significant and more important than their family members suffers. In this situation, the lower caste member would rather kill the victim than allow them to live by raising their caste. They would kill the victim even though they were a member of their family in cases where the victim belonged to a lower caste because caste is the foundation of their prestige. Not only do their family members become victims, but the other party they want to live with also suffers. Legislative Framework Concerning Honour…

Read More “Honour Killings In India” »

Indian Constitution, Law

Breach Of Human Rights

October 8, 2023 toahostinger No Comments

Breach Of Human Rights Here we talk about human rights, all human beings are born free and equal in dignity and rights. In these Human rights, some rights are also included as the rights to life and liberty, freedom of opinion and expression, right to freedom of speech right to work and education, and many more. Every human being has these rights by birth. In India, every citizen of the country has six fundamental rights by birth which are given by the constitution. And no one has the right to breach someone’s rights. But somewhere, in today’s time period, many kinds of cases exist in a society where people of the minority are restrained by the majority to freely live their lives and enjoy their rights. Introduction When we talk about human rights, we should know about what is human rights and how many kinds of rights human beings have. Every human being has 30 kinds of human rights which are defined by the Universal Declaration of Human Rights. Fundamental rights are also included which are given by the constitution of India to every citizen of India. Fundamental Rights Right To Equality The right to equality (Articles 14 to 18 ) prohibits inequality on the basis of caste, religion, place of birth, race, and gender. It ensures equal rights for all citizens. Right To Freedom These rights (Article 19,20,21A,22 ) are freedom of speech, freedom of expression, and freedom of movement throughout the territory of our country. Right Against Exploitation Right against Exploitation (Articles 23 and 24) concerns human trafficking. Cultural And Educational Rights (Articles 29 and 30 ) Cultural rights protect the rights of cultural religious and linguistic minorities by enabling them to conserve their heritage and protecting them against discrimination. Educational rights ensure education for everyone irrespective of their caste, gender, religion, etc. Right To Constitutional Remedies The right to constitutional remedies (Articles 32 to 35 ) empowers the citizens to move to a court of law in case of any denial of the fundamental right. The Preamble Of The Constitution Of India also mentions these factors like, justice, Liberty, Equality, and Fraternity to secure all its citizens. But nowadays we can see in some places minorities‘ rights are violated by the majority. like In some places people of scheduled caste and scheduled tribe are restricted from going to religious places by uppercast people There are lots of cases like these in India, including the whole world. Background When we go into the debate on this kind of topic or subject, landmark judgments play a wide role in understanding the history behind it. These judgments opened up the scope for changes in the context of the future. A recent hijab ban case and a meat ban case are some of them. In these two cases, minorities claimed that their fundamental rights were violated by the majority & authority of India. AISHAT SHIFA VS. THE STATE OF KARNATAKA & ORS. On January 1, when some Muslim students of a college in Karnataka’s Udupi were not allowed to attend classes wearing a hijab as the dress was against the prescribed, norms of the college. In this case, Karnataka High Court bench gave references to many landmark judgments where the word ‘ SECULAR ‘ has been defined. The word Secular means that the citizens have complete freedom to follow and practice any religion. The word ‘ SECULAR ‘ after being added in the preamble was also considered but a three-judge bench judgment of this court reported as Ziyauddin Burhanuddin V. Brijmohan Ramdas Mehra & Ors. This court was considering an appeal against the setting aside of the election of the appellant under The Representation Of People Act, 1957 to the Maharashtra state assembly on the grounds of speeches made by him in the course of the election campaign The term ‘SECULAR’ was also considered by a nine judges bench of this court reported as R Bommai & Ors V. Union Of India & Ors. The court held that the practice of wearing a hijab constitutes an essential religious practice but did not quash the CBSE rule. In this context, Muslims also gave references to the Quran’s Ayah in which the importance of hijab is mentioned. The Quran says “ And not display their beauty except what is apparent and they should place their khumur over their bosoms ’’ (24:31). ‘Khumur means the veil covering the head ’. The second verses is “ O Prophet, say to your wives, your daughter, and the women of the believers that they should let down upon themselves their jalabib.’’ (33:59).’ jalabib means a loose outer garment, as wide dress.’ Meat Ban Case The recent controversy over a ban by a local mayor on selling Meat Over nine days during a Hindu religious festival in India’s Capital is illegal and violates the constitution, our research found. similar attempts made over the last decade in five other states have been struck down by the courts. The ban is, essentially, some argue, a majoritarian writ. the people of the minority said that this act violated their fundamental right, the right to freedom which is inherent in (Art. 19, 20, 21& 22). Observations Of Breach Of Human Rights All human beings have human rights which ensures freedom for all human beings in an equal manner. when we talk about equality before the law it’s required to ensure equality to every citizen in an equal manner. the word ‘ SECULAR ’ mentioned in the Preamble Of India defines India as a secular country where every citizen has the right to follow their religion freely and they are free to practice any religion. The people should also know this thing that when they talk about their fundamental rights they should also respect another ‘s rights. Conclusion The debate on this subject concluded that the Breach of human rights is an infringement of the Constitution. Where there people of the country have no right to freedom then, that state becomes a tyrant….

Read More “Breach Of Human Rights” »

Human Rights, Indian Constitution

Prostitution – Should Be Legalised In India ?

August 25, 2023 toahostinger No Comments

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

Indian Constitution, Indian Penal Code

Capital punishment in India and its various forms

August 18, 2023 toahostinger No Comments

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

Criminal Law

Opening Hours Mon - Sat 09 : 30 am - 8 : 00 pm

+91 9971399324

+91 8840961324

[email protected]

13, Chand Complex, 4th Floor, Okhla Main Market, Okhla Head, Jamia Nagar, New Delhi- 110025

Tag: Human rights

Capital punishment in India and its various forms

About

We are specialized in legal teaching. Our area of teachings and specialization are Judicial Services (PCS J), LLB, APO, APP, Higher Judiciary. LLM etc.

Useful Links

Contact