INDIA AFTER NIRBHAYA

According to data of National Crime Records Bureau (NCRB) in India, every 15 minutes, a woman is raped. In the year of 2017, 34000 rape cases were reported. Out of these, only 32% lead to conviction. Rape cases against children or minors have also increased. 39,827 cases were reported under the Protection of Children from Sexual Offence (POCSO) Act. On an average 89 women of age group above 18 and 109 children gets sexually abused every day. What about all the unreported and unprosecuted cases? On December 12, 2012, a 23 years old physiotherapist girl was brutally gangraped and killed by five men and one juvenile in a moving bus in Delhi. This incident not only shook India but the whole world. The incident generated international coverage and was contained by the UN entity for gender equality and empowerment of women who called the Government of India and government of Delhi to do everything in the power to take a political reforms and shift justice and reach out with robust public services to make women’s life safer and secure. Later on BBC documentary titled ‘India’s daughter’ based on the attack was broadcast in the UK on 4th March 2015. After this incident many existing sexual offences laws in India were changed making them stringent to ensure the security of women against sexual offences.

LAWS AFTER NIRBHAYA

Justice Verma committee- on December 23, 2012 a three member committee headed by justice J.S. Verma of Supreme Court, was constituted to recommend amendment to criminal law related to sexual offences. The committee accepted the views of public, eminent jurists, legal professionals, NGOs, women groups and activists to suggest changes in law to strengthen it. The committee suggests faster trial for sexual crimes against women, and stricter penalty and punishment for convicts but the panel has not recommended death penalty for rape convicts. It recommended rigorous punishment for not less than 20 years for causing death or persistent vegetative state after rape. Punishment for gangrape and causing death would extend to life imprisonment.
Criminal Law Amendment Act,2013 – This act is an Indian legislation passed by the parliament in 2013 which provides for the amendment of Indian Penal Code, 1860, The Indian Evidence Act, 1872, and Code of CriPminal Procedure, 1973, on laws related to sexual offences. The act also recognised certain acts as offences such as acid attack, sexual harassment, voyeurism, stalking etc. the most significant change that’s been made is that this act expanded the definition of rape. It included penetration of penis or any other object into the urethra, labia majora, labia minora, anus and mouth as rape including non penetrative sex as well. The punishment for rape has increased to up to 20 years or life imprisonment depending upon the facts of the case.
Abolishment of two finger test has been done. This kind of tests only adds burden up the victims and this test never helps rather it only tells whether the victim was sexually active or not.
Fast track courts have been established for speeding up the trial process for rape victims so they get justice without much delay.
Juvenile justice amendment act 2015- With this act, the minors of age group 16-18 will be treated and prosecuted as an adult in case of heinous crimes like rape.
The criminal law amendment act 2018- It increases minimum punishment for rape for seven years to ten years. For rape of a girl below the age of twelve years, punishment is lifetime imprisonment or death. Rape of girls below the age of 16 years, will be punished with imprisonment of 20 years or lifetime.
The government took steps to secure public transportation for women by installing CCTV cameras in bus and GPS system.
Hospitals were ordered to give immediate treatment to victims without waiting for the arrival of the police.
A three-number helpline number 181 with phone was set up to save women from getting assaulted.
The POCSO Act, 2012 was bought in to save children from sexual violence.
Nirbhaya fund has been introduced to spend money on women security.
One stop centre SAKHI had been established to give shelter to women of sexual, domestic violence.
Mahila police volunteers force has been established throughout the country.

THE AFTERMATH

Even after introducing several safety measures and changing laws, the women are still not safe and sadly, rape crimes against women have increased and still increasing day by day. According to the data of NCRB, in 94 cases out of 100, the accused is an acquaintance or the relative of the victim. In such cases most of the time no action is taken. Marital rape is another issue and there are still no laws against this crime. There had been this need of introducing capital punishment for all the rape convicts but this thing has decisive opinions. Despite imposing stricter punishments, there is no change in happening of the sexual offences at all. We have witnessed so severe rape cases like Kathua rape case, Bhopal rape case, Shakti mill Rape case to very recent Priyanka Reddy rape case. Nirbhaya fund is also not spent precisely on things for which it is meant. You may read 3-4 rape news in newspaper every day. Fast track courts takes an average 8-9 months to dispose off a case. Most of the rape cases are dismissed declaring the rape as consensual rape. Is it the law, the government, the human behavior or the education system is to be blamed, that’s altogether an another issue. Moreover we are still awaiting to see justice getting delivered to Nirbhaya even after 7 years of wait

Bhupen Hazarika -Aman sharma

Bhupen Hazarika: A personality who received all the highest-ranked national awar
Jaipur: Bhupen Hazarika was born on 8th September 1926 in Sadiya, Assam. He was an Indian playback singer, lyricist, musician, singer, poet and filmmaker. He was popularly known as Sudhakantha. He was multitalented as he himself wrote and sung in the Assamese language. His songs are even translated in many languages and most notably in Bengali and Hindi. He is also acknowledged to have introduced the culture and folk music of Assam and Northeast India to Hindi cinema at the National level. At the age of 10, he was discovered by Jyotiprasad Agarwala, the noted Assamese lyricist, playwriter and the first Assamese filmmaker.
He is a personality who has received all the highest national awards and the are Padma Shri (1977), Padma Bhushan( 2001), Padma Vibhushan (2012), Bharat Ratna( 2019 ) and many more to count.
His famous Assamese songs include Bistirno Parore, Moi Eti Jajabor, Ganga Mor Maa and many more.
He also became the Secretary of the Reception Committee of Indian People’s Theatre Association in 1955. He had even briefly worked at the All India Radio Station at Guwahati.
Hazarika was hospitalized in the Kokilaben Dhirubhai Ambani Hospital and Medical Research Institute in Mumbai in 2011. He died of multi-organ failure on 5 November 2011. His funeral was attended by an estimated half a million people.

‘KOOVAGAM’- the transgender festival in Tamil Nadu

People who identify as transgender or transsexual are usually people who are born with typical male or female anatomies but feel as though they’ve been born into the “wrong body”. For instance, a person who identifies as transgender or transsexual may have typical female anatomy but feel like a male and seek to become male by taking hormones or electing to have sex reassignment surgeries.

Koovagam is a unique festival that is celebrated among the transgender community in Tamil Nadu. It is an 18-day long festival that is celebrated in Koovagam village. This village (Koovagam) is located about 25 km away from Villupuram District of Tamil Nadu. These days fall in the month of Chiththirai (according to the Hindu calendar), that is in March/April month. The ‘Koothandavar temple‘ is the place where this festival is held.

Lord Aravan, from the epic Mahabharatam, is one of the core elements of this festival. Lord Aravan is worshipped by all the transgenders, visit Koovagam during Koovagam festival. Various mythological stories trace back to the importance of Lord Aravan among transgender community. Koovagam festival is also referred to as the Kuthandavar-Aravan Mela.

Koovagam Festival- Origin and Significance

The origin, history and mythological significance of this festival trace back to the time of ‘Mahabharata‘. For Pandavas to win the Kurukshetra war, it required sacrificing a life to Goddess Kali. At this time, Lord Aravan, son of Pandava Arjuna offered to sacrifice his own life for the victory in the battle. His last wish before death was to get married and experience marital life for once. Since no woman would agree to marry a man who was supposed to die the next day, it was Lord Krishna who took the form of a woman named ‘Mohini‘. In one night, they got married, and Aravan sacrificed his life on the next day.

Koovagam festival commemorates this mythological incident and thus celebrates the union of various transgender women, also known as Aravanis, in order to celebrate this festival.

The 18 days of celebration

Koovagam village is one of the quietest, sleepy villages. But during the Koovagam festival, it awakens and illuminates. This 18-day long festival includes a lot of activities that brings tons of transgenders at Koovagam, about 25km from Villupuram district.
The first 16 days involve enormous activities such as programmes and cultural performances, in order to make transgender community happy. For instances, awareness skits by NGOs, singing, dancing and more.
The 17th day is the most important one. On this day, various transgender women dress as bride (to take the form of a women called Mohini), wearing bright coloured sarees, colourful bangles, jewellery and ornaments. They visit the Koothavandar Temple in order to marry the deity ‘Aravan‘. The temple priests tie the ‘thali‘ or ‘mangalsutra‘ around their necks to signify marriage.
The streets are filled with crowds to witness the procession and festivities. A huge image of Lord Aravan is also carried across the streets. It is kept in the temple throughout the rest of the year. It’s only during this festival that a fresh coat of paint is applied to it, and it is taken out from the sanctum.
The next day, they mourn the Aravan’s death through ritualistic dances and by breaking thier bangles, wore white saree and no makeup is worn. The priests remove the thali, signifying their widowhood.
The rejoice heard on the day before, is converted to sorrow and mourning on the next day and this is one of the stark contrasts of this festival.

Aravanis Mourning the death of Aravan
(Source)

The cultural activities and union of various flocks of people from all over the country lead to a spirit of togetherness and a sense of belonging in the hearts of everyone. It is an occasion to bring about light where there is darkness, and let all groups of people rejoice who they truly are. It is indeed a unique festival that brings about the diversity and culture of Tamil Nadu in a rather beautifully dramatic manner.

Being happy is so boring

Be brave enough to accept about the things that you don’t know. There’s nothing wrong in it. No one is perfect and everyone are in the journey of learnig. Learning isn’t is a result it’s the continuous process. Have a zeal and enthusiasm to know more. Nothing is more untill we stop learning. Admit the truth of unknown and give a try to know. Try to learn something everyday because you never know untill the moment comes. To have a great day, you need to have a great start. To have a great end you need to give a try to learn things.

No one knows everything. The thing everyone knows is something and most of the people stop learning things and start becoming dumb. Learn from kids. There’s a lot we can learn from old. Age doesn’t describe knowledge because knowledge is inevitable. Knowing to know for the sake of knowing isn’t considered to be knowledge. Learning things and applying in your daily life which make you grow along with your mates is something related to learning. Have guts to share and take the knowledge. Sharing knowledge increases your knowledge. Spirit to learn should be habituated. Try a new thing everyday. Don’t stop at the start. Start to never stop. Have a great goal. Don’t limit yourself by underestimating you. You never know what you gonna do until you do it. So learn the thing which you feel you can’t. Show to the world that you are capable of doing anything. Nothing is impossible, only thing you should do is keep in trying. Trying never leves you behind. Give a genuine try and have a hard life. If you get what you want then what’s intresting. Have a tough life so that you can deal with extraordinary things. If you get something easy then you doesn’t deserve it. Have a hard life, enjoy the process. You never know what’s next. Have a great life and try to make your life hard. Push yourself into trouble and enjoy the process of being there. Toughness isn’t a thing that is readily available for everyone. You deserve to have it. Many of them leave it in the middle and give up but struggle and push yourself. Be confident to be brave. The inky thing you should do is come out of comfort zone. Try difficult things, be different. Life is so short, so do whatever you feel you couldn’t.

Doing simple things can be done by simple people. Complicate your life, be in troubles. Troubles are easy if you feel it isn’t difficult. We feel it, that’s it. Come out of your feel and start to feel the way you don’t feel. Try everything and anything. Life isn’t the way it is, it is the way you take. Take your life the way you never wished. If you get a life what you expect the what’s so interesting in it. Take a different path and predict the unexpected.

Create your own trouble, so that whenever trouble visits you, you can take it easy. Be in trouble, let your heart ache the every moment you try to do something. Let it be nervous, let it be sad, let it be worst, let it be unsatisfactory. Feel the feelings that you never thought of feeling. Create your troubles, be in troubles, lead a tenseful life because being happy is so boring.

Police Brutality: a socially accepted crime?

A “JUSTIFIED” CRIME :

Police brutality is depicted as a method promoting the idea of “instant justice”. However, the concept of Quo Warranto (latin maxim for “by what authority”) comes into picture, considering the fact that it oversteps on the fundamental roles of courts or quite literally known as the “justice system” of the country. Although, the latter doesn’t seem to be doing its duty quite efficiently as we are very well aware of the great history of the piled up cases and the never ending loopholes that sort of comes complimentary to any Government organisation. However, this in no way justifies the inhumane culture of police brutality, that has been so widely accepted by the people that it seems as an alternative dispute resolution to the long lasting court trials.

HYPOCRITICAL APPROACH:

There have been various protests against this rising injustice, especially during the worldwide lockdown period. However, I do feel there is some sense of hypocrisy attached to the opinions of the so called “woke” people who tend to have a different opinion when it comes to raising their voice on social media and a completely different reaction when the same concept is showcased and applauded in the entertainment sector, for example, in Bollywood movies like Singham, Simba, Dabbang etc. When the same concept is portrayed in an entertaining way, it is well praised. The protagonists of these movies are idealised and followed, since the encounters or torture that they succumb, is towards the “guilty”. But again, the police is not the deciding authority.

CONCEPT OF FAIR TRIAL:

There is a reason why, “statements given by the accused while under police custody are inadmissible in the court of law”. One of the principles of natural justice,” Audi Alteram Partem” which states that, no one should be condemned unheard. Irrespective of how strong evidence is there, against the accused, each party deserves a fair and formal trial with a proper legal representation. For example all the police encounters that take place may appear to be fair prima facie, however, these cannot only be used as a tool for “instant justice” but also for instant promotions or sudden increase in the credibility of the police department. We all lashed out at George Floyd’s case, but what about the recent Hyderabad rape case of Priyanka Reddy where the accused were shot dead in a “police encounter”. Most of us felt relieved saying “inke saath toh yeh hi hona chahiye”. Although, the “accused” were unarmed in that case, there was no threat to the police, so what was the need to kill them? The rage in a heinous crime like rape is justified, however, we forget the fact that they were the “accused” and not the “convicts”, again the basic principle of law saying “innocent until proven guilty”.

CONCLUSION:

The Priyanka Reddy rape case (encounter) is one such example, there are hundreds of such cases that occur every day. Fake encounter, torture while in custody ( Jairaj and fenix) or oppression based on race ( George Floyd) are daily occurring and only few make it to the limelight. One of the basic steps that has to be taken by us is to sensitise people about the lawlessness of this act and how power does not give you the right to misuse it and exploit the vulnerable. Stop promoting this inhumane behaviour by being aware of your rights and calling out these personnels on such acts.The essence of our constitution and the judiciary is “May the 100 guilty be free but one innocent should not be convicted or punished“.

Internet Theft: Can the government be considered as a white collar criminal?

With the constant rise in digitalization, the computer stores information in binary data form and deeply on the data form which is a way that the device tracks a lot of information in an effective way. Subsequently, with the invention of personal computers and microprocessors the idea of using computers for exclusive use of an individual rose. The process was not only affordable but also made management and storage of information easier. But this evolution has also led to increased interactions and sharing of private data using computer, ultimately leading to illegal activities known as cybercrimes. Identity theft is one such crime. Identity theft refers to a crime when a person fraudulently obtains information of another person and later uses it for economic or personal gain. The theft happens in a two-step process. Firstly, the personal information gets stolen. Later, the information gets used to impersonate the victim and commit the fraud. Identity theft has already made its place among the fastest growing sector in not only the developed countries but also the developing countries. The primary reason for US being affected stands firm to the fact that all the personal information is linked to a single social security number. The number allows an individual to avail all government schemes and records related to the individual whose social security number it is. This allows very little safeguarding to the individuals whose number gets leaked. Landing on Indian records, there has been an 11% increase in identity theft and ransom ware, followed by phishing attacks increase to 9%. India also been ranked amongst top 5 countries to be affected by cybercrimes in 2013. Problematically, there is a very low conviction rate despite the high levels of cybercrime.

There are provisions in Indian Penal Code, 1860 which governed the crimes of forgery and fraud but it was later amended by the Information technology Act, 2008 as it also included the electronic record, ultimately widening the ambit of such computer data related crimes. Provisions such as section 464 criminalizing forgery, Section 465 criminalizing making of false documents, section 468 criminalizing forgery for purpose of cheating, Section 469 criminalizing forgery for purpose of harming reputation, Section 469 criminalizing the use of a genuine document as forged and section 474 of having possession of a document with intention of using the genuine document as forged were coupled with IT Act. Section 420 could be used in circumstances when the Act requires including unique identification information of any individual.

In the present scenario, the IT Act, 2000 is the main legislation governing cybercrimes in India. The objective of the Act, however, was to mainly recognize e-commerce and that’s why it did not define cybercrime. Before the 2008 amendment, the Act could impose civil liability for unauthorized access to computer or network which would have facilitated an illegal act under section 43 by way of compensation under the pecuniary limit of one crore. Also, Section 66 criminalized hacking which would result to destruction, deletion or alteration of any resource in the computer.

The Amendment of 2008 introduced the term ‘Identity Theft’. Section 66C of the Act governs the crime and provides punishment for the same.

The ‘sensitive personal data’ however required stronger laws to be formulated which could ensure the protection of private data. The ambit of the term has been defined by IT rules, 2011. It involves the data related to one’s password, financial information, sexual orientation, biometric information, medical records. Such a clause would be exceptional to the State or central government for monitoring, surveillance or interception. The same was provided under Section 69 of the Act.

Data Protection Bill 2019 and Cyber-Crime are often used together these days. Not scholarly but indeed since the bill does come with serious implications for all technological and digital service provider companies and has already generated controversies. Despite India’s attempts to create a complex legal framework with the objective of protecting data but it comes with shortcomings which are inevitable. On a bare reading, there are three serious flaws with the current draft.

Firstly, the section of data localization requires data fiduciaries to store atleast one copy of personal data on a data centre or server which is located in India. However, the centre holds the upper hand to exempt categories falling under the personal data. Also the centre can declare certain datas as critical and require them to be stored in India. In the present, this would allow all the social sites also known as foreign internet services to physically able a user data in the country. This would allow law enforcement easy access to this data, which brings to the second issue.

The law enforcement access to data section would allow processing of data considered personal by an individual in the hands of centre and in the interest of security and public welfare, the state can utilize the information which would not be illegal as it would be according to procedure established by law. Now, this access stands as a threat to the right to privacy that exists in India. If combined with the section of data localization, the government shall have access to information about users in social media.

However, this legal framework for surveillance by the government is governed by the judgment in PUCL v Union of India in which the Apex Court stated rules to concentrate the power to order and review surveillance in the executive body which doesnot require court orders or supposedly, any third party review. The measure intended to act as a stopgap measure by the SC and if any subject falls short of international human rights then there will be very little to safeguard the citizens.

The last section is about the regulatory structure created. The Centre has control significantly over the controls. The bill further gives powers to data protection authority to appoint its members by merely the recommendation of an outside committee. For a person to be an effective regulator of an institution, one must have sufficient time to learn and the bill providing only five years of term seems ineffective.

The term white collar crime has grown to define the fraudulent crimes of business and government professionals over time. The characterization of such a crime is violation of trust, concealment of information, deceit through information and categorically not dependent on any kind of force or violence imposed. White collar crimes end up having huge impacts on the society. There have been various scams in the country like the Havala scam, 2g scam, fodder scam, banking scam and many more. This does not necessarily indicate towards the entire involvement to be criminal but it merely requires one financial fraud in greed of money or power to commit such an act. Cybercrime stands as one of the biggest causes to these types of crime in the country. It is the information that single handedly threatens a person’s security and financial status.

Since the actions of Government have direct impact on the society, it is easily identifiable that when a white-collar group is discussed, the Government is a part of it.

Now, bringing the recent proposed bill and the white-collar crime concept together, the question stands whether the bill in the name of data protection is actually for protection or is merely a tool of mass surveillance by the Government.

The SC in its judgment of right to privacy in K.S Puttuswamy case declared the right as a part of Article 21 guaranteed under the Constitution. The judgment clearly stated that the right is a natural right and is a measure to protect an individual from the scrutiny of the State. Thus, any action by the State would undoubtedly result in violation of such a right and would be subject to judicial review. But the right clarified to have reasonable restrictions which empower the State to impose restrictions in accordance with a law in the interest of State’s need and also the means should be in proportion to the objectives of law.

Even if not called the worst but if the bill is passed, it would bring in major implications especially in areas of national security, foreign investment as well as international trade.

National Simplicity Day-2020

We live in a complicated world, with taxes and devices and every imaginable complication the world can provide. Wouldn’t it be nice if we could just take some time to keep things simple? Simplicity Day encourages you to do just that, to let go of all of life’s complications and live a day….. simple.

The National Simplicity Day is the time to get back to basics and celebrate this event every year on July 12. It is celebrated in the honour of the birthday of Henry David Thoreau, who was born in 1817. It is said that Henry David Thoreau was a super talented person, an author, an environmentalist, an abolitionist, a poet, and a transcendentalist (A person who accepts the ideas not as religious beliefs but as way of understanding life relationships).

Simplicity Day was born out of the need to be free from the complications of the world and to allow ourselves to just be simple. Celebrate life through simplicity by turning off your devices, getting rid of complicated things and just let life be about living for a day.

This day highlights the importance of keeping yourself away from technology so that individuals can connect with themselves, and do away with the pointless clutters in their lives. It encourages us to estimate and thoroughly understand what are the significant things in their life.

The unofficial holiday motivates people to embrace simple living and a simple outlook towards life. It also promotes participants to do one thing to make the world a better place. The holiday is also sometimes known as National Simplicity Day in the United States.

So now, just step away from your your computer, and find a sunny nook with a cup of tea or a book to pass the time. Feel the sun on your skin and the sounds of birds and insects. These moments will be the ones that can truly set you free. During these long moments take the time to relax and consider how you want to proceed in your life.

Simplicity Day can lead the way!

SHOR IN THE CEREBRAL CORTEX

The Krakatoa volcanic eruption in Indonesia created the loudest sound ever reported at 180 dB in the year 1883. Do you know what’s louder than that? My mind thinking, producing thoughts faster than the blink of an eye. ‘Writer must be some mad scientist solving scientific equations in her brain’, one might think. On the contrary, the equations my brain analyses are the thousand possibilities of one single situation.

Everyone is looking at me. They are talking about me. Is it my hair? Is it the shirt I’m wearing? I think the world knows about that one time when I mispronounced the word ‘laminate’ as ‘lemonade’ in 6^th grade. This is it. Life gave me lemons and the lemonade I made is SOUR.

An organ made of soft tissues and approximately two clenched fists in size has the power to make and break one’s life is a big accusation on our Brains. But who is to be blamed then?

I would like to someday adopt a Fish and a Cat and a Dog. But what if the cat eats the fish and the dog chases the cat and then they all flee my house and I’m left alone with my thoughts again. You would call it unnecessary paranoia and you would be right. I don’t really reside in my body; I’m simply paying rent to it. This rented house of mine has two windows, I call them my eyes. I guess my mind is the prison and I’m never going to get out of it.

I’m a visitor inside my brain and now my thoughts have chained me to my bed and I’m stuck. Hello, is anybody there, you got keys to my cell?

Wait a minute there is nobody here miles and miles away then who really locked the cell from outside? I give it one small push and it opens with a creak. The door to my prison was never locked? I was staying there voluntarily!

The Brain is powerful. How many doors in your life, you think are locked but aren’t? How many times have you been stuck in the mental prison of overthinking? Something that really had a simple solution. There is an old African line that says, ‘When there is no enemy within, the enemy outside can do us no harm.’ Cerebral Cortex is that part of the brain which produces thoughts, the capability of imagining things beyond reality. It is the strongest force in your life. It will force its opinions on you – ‘you are not good enough’, ‘you cannot do it’, ‘what will they say about you?’,’ stop, you are not made for this.’

Dear Mind of mine, thank you for your opinions but every overthinking thought you produce is equivalent to nothing. We bring it to life with the attention we give it. Stressful thoughts knock on our doors and we tell them ‘STAY OUT’. But that makes them knock louder.

BUT HOW DO I CONTROL AND DESTROY THOSE THOUGHTS?

The secret is – don’t mind the mind. This is the natural state of existence. This is the law of universe. In Science, the first law of Thermodynamics states that, ‘You cannot create or destroy energy but you can transfer it from one thing to another.’ Thoughts will arise and yes you will fill them but you don’t have to fight, control or defeat you mind. Just stay neutral in between those thoughts and it will dissolve into silence. A peaceful state of mind.

Or we can order a pizza and transfer the energy we spend on overthinking into the process of eating this slice of cheesy heaven. But why does the circle pizza come in a square box? And why is a slice of pizza triangle? Did mathematicians invent the pizza? Is pizza the SYMBOL OF ILLUMINATI?! WHAT IF…..and just like that the writer fell into her rabbit hole of overthinking and the Shor (noise) in her Cerebral Cortex was louder than the Shor in her city.

Aishwarya Rai Bachchan and daughter Aaradhya tested positive for COVID-19

After Amitabh Bachchan and Abhishek Bachchan, both Aishwarya Rai Bachchan and her daughter Aaradhya Bachchan tested positive for COVID-19 on Sunday. According to Assistant Commissioner, Vishwas Mote, the reports came out today at 2:30 pm.

As per BMC, when the test reports of Aishwarya and Aaradhya came negative in rapid antigen tests at the hospital on Saturday, their samples were taken for RT-PCR test and the result came otherwise within hours.

On the other hand, Jaya Bachchan, daughter Shweta Bachchan Nanda and Agastya Nanda have tested negative for the virus.

Meanwhile, all four bungalows of the Bachchan family named, Janak, Jalsa, Pratiksha and Vatsa have been sealed and declared as a containment zone.

Sanitary Napkins – Problems Of Usage In India

“Menstrual blood is the only source of blood that is not traumatically induced. Yet in modern society, this is the most hidden blood, the one so rarely spoken of and almost never seen, except privately by women.”

– Judy Grahn

Throughout our society there is a common lack of knowledge about menstruation. There are also a lack of resources needed for proper hygiene during times of menstruation. These factors lead to a lack of understanding about what the menstruation process actually is. Fear is developed over the topic of menstruation because of the various misconceptions that surround it. Advertisements and commercials are greatly impacted by the high levels of fear and stigma attached to the menstruation. This causes them to lack anything relevant to real life experiences and often encourage secrecy around menstruating. Ways this is conveyed include, emphasizing no leakage and using liquids that aren’t red to display blood. With all these social media influences, there is a consistent level of menstruation taboo because people are being exposed and primed to think that menstruation should be kept secret and they are often led to believe the opposite of what real life women experience during menstruation. The taboo around menstruation continues due to the absense of education, realistic promotion and resources.

Research indicates that these menstrual taboos have negative effects on women, specifically their likelihood to self-objectify. One article looked into the menstrual knowledge and taboo advertisements and their effects on self-objectification. The researchers found that the lower level of menstrual knowledge a woman had the more likely they were to self objectify. They also found that women with negative attitudes toward menstruation were more likely to self objectify than those with positive attitudes.

Menstrual hygiene still continues to be amongst the most challenging developmental issues that women face today, especially in the developing countries like India, the mindsets, customs and institutional biases prevent women from getting the menstrual health care they need.

Let us have a look on the problems of using sanitary napkins in general :

Physical aspect

The pads are scented which can cause infections in vagina.
The skin around the vagina is thin with numerous blood vessels and chemicals can directly enter the bloodstream from the
Prolonged contact with SAPs has been also linked with skin reactions such as rashes.
Synthetic and plastic restricts air flow and traps heat and dampness, causing yeast and bacteria growth in the vaginal area.

The environmental aspect

According to Solid Waste Management(SWM) rules, sanitary pads waste comes under the category of Domestic Hazardous Waste.

As the use of sanitary pads increases, so does the amount of sanitary waste generated. The primary concern, for now, is how these pads are disposed of and their impact on the environment.

According to a joint report by Water Aid India and the Menstrual Hygiene Alliance of India, depending on the materials used in the manufacture of the sanitary pads, it could take up to 800 years to decompose a single sanitary napkin.

Right now there is no separate way prescribed to dispose of them. So, out it goes with all the household garbage. This causes serious health issues for the waste pickers when they segregate the waste; exposing them to infection-causing microbes, leading to diseases like Hepatitis, E.coli infection, Salmonella infection, Typhoid, etc. Recently, the Red Dot Campaign was launched in Pune which encouraged women to throw sanitary pads in a ‘red dot marked’ packet, so that they could be easily identified and segregated.

The used pads are then finally moved to landfills on the outskirts of the city, where they stay for hundreds of years. SAPs are petroleum-based materials that do not degrade easily. Let’s just say, a pad used by a woman will not be decomposed in her lifetime or her kids or their kids. Now, imagine the extent of plastic pollution we are creating/have created, especially when one pad is said to be equivalent to 4 plastic bags. Every sanitary napkin carries two grams of non-biodegradable plastic. Multiply that with an average of 8-10 pads per menstruating women every month and let that sink in.

According to the National Family Health Survey (NFHS) 2015-16 report, around 48% rural women use sanitary napkin while in urban areas the percentage is around 77%. Recent data provided by Menstrual Health Alliance India states that menstrual waste collected across the country, primarily consisting of sanitary napkins which is disposed of as routine waste along with other household garbage, is 45%.

According to the Municipal Solid Waste (Management and Handling) Rules, 2,000 soiled napkins and blood-soaked cotton are disposed of after segregation into biodegradable and non-biodegradable components. However, the Bio-Medical Waste (Management and Handling) Rules, 1998, says that items contaminated with blood and body fluids, including cotton, dressings, soiled plaster casts, lines and bedding, are bio-medical waste and should be incinerated, autoclaved or microwaved to destroy pathogens. The longer used pads are kept in the open and kept in contact with air, the more they are prone towards becoming pathogenic.

Now, throwing light on the problems of using sanitary napkins specifically in India :

Genital hygiene

The study found an urgent need for intensive health education on genital hygiene. According to the Census of India 2011, more than 41% of the households do not have bathrooms and of those that do, 16% of the rooms did not have a roof.

Because of the poor conditions of the bathroom or lack of proper toilet facilities, women in rural areas do not have the privacy to wash their genitals.

Poor genital hygiene has been found to be an important factor for the development of dysplasia and cervical cancer, and the use of pads made from reused cloth increases that risk, studies have shown.

Poverty reasons

Many people below the poverty line cannot afford the sanitary napkins. Homeless people, mendicants are deprived of the facility of using sanitary napkins. Though many government schemes are introduced to give free supply of sanitary pads in rural areas. Still there are people who use piece of cloth, rags, ash, or husk.

Lack of Sanitary Napkins and Adequate Facilities

In a city, availing a sanitary napkin for a woman aware of menstrual hygiene is a normalised process. Not only are sanitary napkins available in pharmacies and grocery stores in cities, they are commercialised via advertisements so that they are treated as any other product. In rural areas, sanitary napkins are found with difficulty. Most girls rely on home-grown or other readily available material, the latter often being unhygienic and unsanitary. Only 2 to 3 per cent women in rural India are estimated to use sanitary napkins. The lack of demand results in storekeepers not stocking up on sanitary pads. This results in women resorting to unhygienic practices during their menstrual cycle, such as filling up old socks with sand and tying them around waists to absorb menstrual blood, or taking up old pieces of cloth and using them to absorb blood. Such methods increase chances of infection and hinder the day-to-day task of a woman on her period.

Superstitions & Lack of Awareness

Lack of awareness makes for a major problem in India’s menstrual hygiene scenario. Indian Council for Medical Research’s 2011-12 report stated that only 38 per cent menstruating girls in India spoke to their mothers about menstruation. Many mothers were themselves

unaware what menstruation was, how it was to be explained to a teenager and what practices could be considered as menstrual hygiene management. Schools were not very helpful either as schools in rural areas refrained from discussing menstrual hygiene. A 2015 survey by the Ministry of Education found that in 63% schools in villages, teachers never discussed menstruation and how to deal with it in a hygienic manner.

There are also many superstitions regarding menstruation which stops woman from using sanitary napkins.

Lack of penetration & poor quality

India has one of the lowest levels of penetration of sanitary pad usage in the world. At 20%, India lags behind Thailand, Indonesia and China, all of which have over 50% usage. Social norms, cultural taboos and superstitions associated with menstruation have meant that Indian women continue to rely on unhygienic practices.

The quality of napkins used in a government scheme which was to promote menstrual hygiene was poor in Odisha, Rajasthan and Kerala. This means that they had a low absorption rate or inadequate dimensions that increased the likelihood of leakage. Sanitary napkins reportedly ran out of stock in Arunachal Pradesh, Bihar, Jammu and Kashmir, and Maharashtra. However, a satisfactory uptake of sanitary napkins was noted in Bihar, Jharkhand, Odisha, Jammu and Kashmir, Andhra Pradesh, Maharashtra and Gujarat, according to the 10th common review mission (CRM), an annual progress report published by the National Health Mission (NHM) in 2016.

The uptake of sanitary napkins under the scheme was low in Himachal Pradesh and Odisha due to mediocre quality. Delhi was reported to have faced an irregular supply of sanitary napkins, as per the ninth CRM report in 2015. Moreover, no sanitary napkins were distributed in Chhattisgarh in that particular period, revealed a 2015 Comptroller Auditor General (CAG).

From a ban on advertisements on sanitary napkins in 1990, to a full-fledged feature film, PadMan, on a low-cost sanitary napkin entrepreneur in 2018, India has indeed come a long way. It was eight years back in 2010, when the Ministry of Health and Family Welfare launched the Freeday Pad Scheme, a pilot project to provide sanitary napkins at subsidised rates for rural girls. The scheme was launched in 152 districts across 20 states and sanitary napkins were sold to adolescent girls at the rate of Rs. 6 per pack of six napkins by Accredited Social Health Activists (ASHAs). The estimated cost for the entire scheme was Rs 70 crore.

A year later, the Union government launched the SABLA scheme across 2015 districts in the country. The scheme aimed at improving health conditions for adolescent girls with menstrual hygiene as an important component. Two years later, under the then ongoing Nirmal Bharat Abhiyan, focus on menstrual hygiene was added as a key component of the sanitation mission. In 2014, the Union government launched the Rashtriya Kishor Swashthya Karyakram, aimed at improving the health and hygiene of an estimated 243 million adolescents. Menstrual hygiene was also included as an integral part of the programme.

Under the ongoing Swachh Bharat Abhiyan, menstrual hygiene has been given high importance. The Swachh Bharat (Gramin) guidelines explicitly state that funds allocated for information, education and communication (IEC) maybe spent on bettering awareness on menstrual hygiene in villages. Adequate knowledge of menstrual hygiene and development of local sanitary napkin manufacturing units is encouraged by Swachh Bharat Mission (rural) and self-help groups are to help in propagating such efforts.

Many Government schemes are introducing, which each passing day people are becoming more conscious about the menstrual hygiene. We can now see a ray of hope.

Lockdown:Still a Horror Show For Minor Girls

While living within four walls in our house due to lockdown,everyone is having hard time adapting to the new normal of 2020. Everything has changed since the spread of a pandemic. India is managing to revive the economy by following Online trend. Schools and Colleges have shifted to Online platform to complete work from home and attending online meetings, we have seen a huge change in our lifestyle due to lockdown. We have seen people indulging in their hobbies as well as people struggling to reach their home.

While world is glorifying the technological achievements as well as trying to mitigate the crisis, ironically women are still struggling to be recognized as human beings. Even in the situation of pandemic, the phase of increasing acceptability of human rights, the crime of rape is an accute and persistent problem in India.

Despite the national and international focus on women’s rights, women are still victimized largely in the Indian society. Cases of Rape and sexual violence/assault cases are still being reported in the time of lockdown. This article will be focusing on cases that have been reported recently.

The Odisha Tribal girl case

A 13 year old girl in odisha’s biramitrapur was reportedly gang-raped over 4 months at the local police station. The inspector in charge of the station was allegedly one of the perpetrators, and also forced her to terminate a pregnancy.

This is the second such case in Odisha over the span of 2 months. In may, A tribal woman was raped inside a police canteen in malkangiri district. She later died from her injuries.

Both cases are shocking reminders of the crimes against people belonging to Tribal communities and lower castes in our country.

In 2018, The NCRB recorded over 42,700 crimes against members of scheduled castes or Tribes. Women and children are the most vulnerable to these crimes.

Jayapriya Case

A 7 year old girl was brutally raped and killed by three unidentified men in Tamilnadu. The minor’s body was found in a shrub at the Anbal Village in the pudukottai district.

As per the prima facie evidence, she was last accompained by a neighbour who said that he was taking her to a nearby temple. Investigation is still going on. Neighbour is arrested on suspicion as he did not correctly answer in the police questions. Further investigation is under way.

The social media started trending #justiceforjayapriya to adress the concern of child rape and to seek justice.

Father-daughter Case

In the last three months, may cases have been reported of fathers raping their daughters across India. A 14-year-old girl was allegedly raped by her father in Tamil Nadu last week. A cab driver, the accused hails from Nagapattinam district, and was arrested by the area’s all-women police force . He raped and impregnated his minor daughter repeatedly until the mother discovered the horror and took action.

He has two daughters and according to the police, the entire family shares one room to sleep. A Times Now report said the survivor complained of stomach ache and vomiting to her mother and that’s when she was taken to the hospital for check up. She was discovered pregnant and later the mother found out that her father had been reportedly raping the girl for three months.

The accused has been arrested under the POCSO Act and is in judicial custody. As per reports the girl will be admitted to one of the government homes and after that she will be sent to the child welfare committee (CWC) for counselling.

EFFECTS OF SEXUAL VIOLENCE/ASSAULT ON SURVIVORS

The sexual violence leaves a multipled effect especially when it leads to pregnancy or when the violence is passed from one generation to the other. Only few survivors or victim actually report the offence and seek medical and legal support making it difficult to determine the prevalence of child sexual assaults. It requires an empowered victim, a supporting reporting environment and a responsive legal system to report such offences.

The most heinous of all crimes against women is rape. Rape is not merely an offence, but it creates a scar in the marrows of the mind of the victim. In fact, an act of rape is an attack on her individuality and creates a permanent dent causing irreparable loss to her life. In spite of the legislative measures adopted for protection of women, the intensity of rape offences has not been reduced in any country. Numerous factors are considered to be responsible for this deplorable prevailing scenario, such as, poverty, widespread illiteracy, lack of awareness, extensive economic dependence and unbridled cultural male domination, etc.

LEGAL SYSTEM AND PEOPLE

Many are hoping for a thorough reform of India’s judicial system, police procedures, social norms, and laws relating to violence against women. These hopes suggest that government intervention and the creation of new institutions is necessary to protect women. The truth is that India’s laws and stated policies are actually adequate to safeguarding the rights of its citizens. The gap lies in their implementation.

If the protests do not lead to any legal changes in the short run, we should not consider them to have failed. The social norms that are being created right now as a result of this national and international dialogue will be the true legacy of the victim and her supporters. The protests are two steps forward for women, to hope for change in the environment, to seek acceptance in the society.

India announced that more than 50 helplines have been started across India to help women facing domestic violence during the ongoing lockdown. The helplines are run by police, women welfare departments and NGOs working for the rights of women, the official said. The domestic abuse national helpline number is 181 while women police helpline numbers are 1091 and 1291.

NEED FOR SOCIAL TRANSFORMATION

Humans by nature are not violent. They are social animals. It is the society that shapes their attitudes and beliefs that give rise to their aspirations. Centuries of patriarchy have conditioned men to believe in their superiority and to look down upon women as inferior beings. The cosmetic industry, media, entertainment even sports thrive on the objectification of women. We have songs comparing women to ‘Tandoori Murgi’, ‘coca-cola’ or ‘gud Ki dali’ beckoning men to consume them. The caste system is another slur on our culture and needs to be abolished. Lower caste women are raped with impunity by men belonging to higher castes. Pornography is the leading industry. Presenting women as saleable commodities, consumer culture is encouraged. Since women are reduced to mere bodies so they can be violated and ravished sans any guilt.

CONCLUSION

Laws alone cannot provide a solution for this problem. In the last decade, reporting has increased, FIR registration has been made mandatory in rape cases. We have gender-sensitive protocols for medical examination and recording of statement of the victim. Law provides for speedy investigations and fast track of trials in rape cases. What we need is better policing, making public spaces safer for women, ensuring round the clock surveillance of isolated areas and deployment of police at all strategic points. It is not harsher punishments that will deter. It is the fear of being caught and not being spared. A system that ensures that no accused can manipulate or manage to wriggle out of the clutches of law. A system that deals with rape cases expeditiously from arrest till the execution of sentence and no one is spared. The message should go out loud and clear that ‘no one is above the law’. We need to prevent rapes from happening. Prevention and not punishment is the solution and that requires concerted efforts on part of all the stakeholders.

Every Individual must respect the value of social binding,social morals and social responsibility to secure social justice.

sources:

1.timesnews

2.thehindu

3.shethepeople

CHARGE UNDER TRANSFER OF PROPERTY ACT, 1882

INTRODUCTION

Concept of Charge is defined under Section 100 of Transfer of Property Act, 1882 and Companies Act 2013^[1] covers its registration.

AS DEFINED IN TPA, 1882:

Section 100 of the TPA, 1882 defines charge as,

“Where immovable property of one person is by an act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to such charge.

Nothing in this section applies to the charge of a trustee on the trust-property for expenses properly incurred in the execution of his trust, and, save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge.”

It says that:

Where immovable property of one person is, by act of parties or operation of law, makes security for the payment of money to other person, and that transaction does not values as mortgage then the latter person is said to have a charge on the property, and all the provisions which apply to simple mortgage are also applied to charge.

This is an exception to charge, provisions of this section does not apply to trustee who has paid or incurred all the expenses properly in execution of his trust for the trust property. Acc. to section 32 of Trust Act: Every trustee may re-imburse himself, or pay or discharge out of the trust property, all expenses properly incurred in or about the execution of the trust, or the realization, preservation or benefit of the trust property, or the protection or support of the beneficiary. If he pays such expenses out of his own pocket, he has a first charge upon the trust property for such expenses and interest thereon; but such charge shall be enforced only by prohibiting any disposition of the trust property without previous payment of such expenses and interest.^[2] This means a trustee may repay himself for such expenses only out of the trust income and can prohibit transfer of trust property if payment of his expenses has not been done.

Hereby, exception 2 says that no charge shall be enforced on a transferee i.e. the person to whom property has been sold or transferred for the exchange of consideration and without the notice of charge. Therefore, he has taken the ownership of the property in good faith without any knowledge of such charge being associated to the property.

MEANING:

Charge means, where immovable property of one person is, by act of parties or operation of law, made security for the payment of money to another, and the transaction does not amount to mortgage, the latter person is said to have charge on the property, and all the provision hereinbefore contained which apply to simple mortgage shall, so far as may be, apply to such charge.

If charge is attached to the property charged?

The charge for maintenance, present and future, is recurring charge and is not extinguished by a decree for sale. A recurring charge is not identical with mortgage. The auction purchaser will not get the property free from the charge. The charge will continue as long as the decree holder has right to recover future maintenance. Such person can bring the property to sale whenever maintenance becomes due to her notwithstanding the fact that the property is in the hands of an auction purchaser, who purchased it in sale held previously in satisfaction of the decree for arrears of maintenance.

The words “which apply to apply to a simple mortgage shall, so far as may be, apply to such charge” in this section were substituted by section 53 of Transfer of Property (amendment) Act, 1929, for the words “as to a mortgagor shall, so far as may be, apply to the persons having such charge.” Evidently, the effect of the amendment was that all the provisions of TP Act which apply to simple mortgages were made applicable to the charges.

Case Law:

Haryana Financial Corporation v. Gurcharan Singh^{^[3]}

“An ordinary charge created under the Transfer of Property Act is compulsorily registerable. The first portion of Section 100 of the TP Act lays down that where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to such charge. The words “which apply to a simple mortgage shall, so far as may be, apply to such charge” in this Section were substituted by Section 53 of the Transfer of Property (Amendment) Act, 1929, for the words “as to a mortgagor shall, so far as may be, apply to the owner of such property, and the provisions of Sections 81 and 82 shall, so far as may be, apply to the persons having such charge.” Evidently, the effect of the amendment was that all the provisions of the TP Act which apply to simple mortgages were made applicable to charges.”^[4]

EXCEPTIONS TO CHARGE

Charge of a trustee

It is a charge created on immovable property which is also a trust property in trustee’s favour i.e. responsible for the maintenance. This charge doesn’t extinguish by the sale of the property as it would lead to destroying the trust. A trustee can be reimbursed from the expenses out of the income of the trust, therefore he can stop the transfer of the trust property.

Transferee who had no notice about the charge

Transfer of property in hands of a person who was unknowledgeable about the charge on property i.e. no notice was given to him by the transferor therefore, charge cannot be enforced upon the transferee. A charge is ad rem and can be enforced upon transferor who got the consideration if he has taken transfer with the notice of charge.

ESSENTIALS OF CHARGE

IMMOVABLE PROPERTY

The charge must be created against an immovable property which can be a current or future property belonging to the borrower.
A charge cannot be created if the immovable property is not owned by the person from whom the payment is due.

DOES NOT AMOUNT TO MORTGAGE

A charge is not a mortgage as there is no transfer of property and interest. Right in ad rem i.e. right to payment out of a specified property is generated. It has been mentioned in section 100 that a charge doesn’t amount to mortgage, although all the provisions which apply to a simple mortgage shall also be applicable to charge.

Case Law:

MatlubHasan v Mt Kalawati^{^[5]}

It was held that:

“If an instrument is expressly stated to be a mortgage and gives the power of realization of the mortgage money by the sale of the mortgaged premises, it should be held to be a mortgage. The fact that the necessary formalities of due execution were wanting would not convert the mortgage into a charge. If, on the other hand, the instrument is not on the face of it a mortgage, but simply creates a lien, or directs the realization of money from a particular property, without reference to sale, it creates a charge.”

KINDS OF CHARGE

CREATED BY ACT OF PARTIES

An agreement which gives immovable property as security for satisfaction of a debt without transferring any interest in property constitute a charge by act of parties. No particular form of word is needed for creation of a charge. It is sufficient if having regard to all the circumstances of the transaction, the document shows an intention to make the land security for the payment of money mentioned therein. Further, the Act nowhere prescribes any particular mode of creating orally. Where however, it is created by an instrument, such instrument must be registered unless amount involved is less than Rs. 100 [Section 17 (1) (b) of Registration Act].

ARISING BY OPERATION OF LAW

A charge by operation of law is one which arises irrespective of agreement of the parties. Such charges are known as equitable liens in English law.

Vendors charge for unpaid purchase money

This is provided by Section 54 (4) (b): “where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer before payment of whole of the purchase money, the seller is entitled to charge upon the property in hands of the buyer, any transferee without consideration or any transferee with notice of the non-payment, for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part 1[from the date on which possession has been delivered.”

Vendees charge for purchase money paid in advance

Under Section 55 (6) (b), the vendee is entitled “to a charge on the property, as against the sellers and all persons claiming under him to extent of seller’s interest in the property, for the amount of ant purchase money properly paid by the buyer in anticipation of delivery and for interest on such amount.”

Other instances of charge arising by the operation of law are mortgagee’s lien under Section 73 on surplus sale proceeds, a revenue sale, the right of maintenance under Section 39 and the right of a holder of a detective title who makes improvement on property under Section 51.

CASE LAWS

Pujjuru Suryanarayana vs. Union Bank of India, Rep. by It’s…

The objection raised in the execution petition was rejected by the learned Judge relying upon the provisions of Sub-rule (2) of Rule 15 of Order XXXIV CPC. Questioning the said order, the present civil revision petition is filed by the first judgment-debtor as mentioned above.

CPC has no application to a mortgage decree and that the reliance placed by the lower Court on the judgment of this Court in Rama Mandiram v. Raghavamma, (1984(1) ALT 8) is not sustainable. The reference to ‘charge’ in Sub-rule (2) of Rule 15 is preferable to the ‘charge’ created under Section 100, Transfer of Property Act, as mentioned in Sub-rule (1) of Rule 15. The learned Judge, in the said decision, dealt with the question whether there is any necessity of obtaining any separate final decree to enforce a decree of a charge created under Section 100 of the Transfer of Property Act.

The provision clearly indicates, that till the passing of final decree and even till the confirmation of the sale made in pursuance of the final decree, the defendant is entitled to redeem the mortgage.^[6]

Debendra Chandra Roy v. Behari Lal Mukherji and Anr.

The lower Appellate Court held, and we think rightly, that the Court of first instance was wrong in holding that any charge on the property described in the document could be held to be created by the document. Section 100 of the Transfer of Property Act expressly states that where immoveable property of one person is by act of parties or by operation of law made security for the payment of money to another and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and, in this case, there can be no doubt that the document, if valid, amounted to a mortgage. In these circumstances, it is impossible to hold that any charge by it was created on the property.^[7]

CONCLUSION

Hence, every mortgage is a charge but not every charge is a mortgage. A charge is an interest created over an immovable property for securing payment of the amount which is due to the party. The property is not transferred to the lender and only interest is created. It is neither a lien nor a mortgage but some properties of both are present in a charge.

[1] Section 77, Companies Act, 2013

[2] Section 32 in The Indian Trusts Act, 1882

[3] 2014(1) AWC 212 (SC)

[4]https://indiankanoon.org/doc/183708144/

[5] 147 IC 302, AIR 1933 All 934

[6] 1991 (2) ALT 361

[7]15 IndCas 666

Child Labour in India

Child labour is a crime where children are forced to work fro a very early age. It is like expecting kids to perform responsibilities like working. The average age for a child to be appropriate to work is considered fifteen years and more. Children falling below this age limit won’t be allowed to indulge in any type of work forcefully. Why is that so? Because child labour takes away the kids opportunity of having a normal childhood, a proper education, and physical and mental well-being. In some countries, it is illegal but still, it’s far away from being completely eradicated.

Causes of Child Labour

Child labour happened due to a number of reasons. Firstly, it happens in countries that have a lot of poverty and unemployment. When the families won’t have enough earning, they put the children of the family to work so they can have enough money to survive. Similarly, if the adults of the family are unemployed, the younger ones have to work in their place.

Moreover, when people do not have access to the education they will ultimately put their children to work. The uneducated only care about a short-term result which is why they put children to work so they can survive their present.Furthermore, the money-saving attitude of various industries is a major cause of child labour. They hire children because they pay them lesser for the same work as an adult. They can easily manipulate them. They only see their profit and this is why they engage children in factories.

Child Labour Laws in India

To eradicate child labour, a need for legislation and statutes were felt to prohibit the malpractice of child labour. Today, there are sufficient statutes condemning and prohibiting child labour such as:

The Factories Act of 1948: The Act prohibits the employment of children below the age of 14 years in any factory. The law also placed rules on who, when and how long can pre-adults aged 15-18 years be employed in any factory.

The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age in a mine. Mining being one of the most dangerous occupations, which in the past has led to many major accidents taking life of children is completely banned for them.

The Child Labour (Prohibition and Regulation)Act of 1986: The Act prohibits the employment of children below the age of 14 yeas in hazardous occupations identified in a list by the law. The list was expanded in 2006, and again in 2008.

The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime, punishable with a prison term, for anyone to procure or employ a child in any hazardous employment.

The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free and compulsory education to all children aged 6 to 14 years.

Constitutional Provisions Regarding Child Labour

Several articles of Indian Constitutional provide protection and provisions for child labour.

Article 15(3) – The State is empowered to make the special provisions relating to child which will not be violative of right to equality.

Article 21(Right to Education) – No person shall be deprived of his life or personal liberty, except according to procedure established by law. The Supreme Court held that ‘life’ includes free from exploitation and to live a dignified life.

Article 21A (Right to Education) – The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.

Article 24 (Prohibition of Employment of Children’s in Factories) – No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.

Article 39(e) – The State shall, in particular, direct its policy towards securing the health and strength of the tender age of children are not abused and that citizens are not forced+ by economic necessity to enter avocations unsuited to their age or strength.

Article 45 – The State shall endavour to provide early childhood care and education for all children until they complete the age of six years.

Article 51A – It shall be the duty of every citizen of India, who is a parent or guardian to provide opportunities for education to his child or ward as the case may be, between the age of six and fourteen years.

In short, the government and people must come together. Employment opportunities must be given to people in abundance so they can earn their livelihood instead of putting their kids to work. The children are the future of our country; we cannot expect them to maintain the economic conditions of their families instead of having a normal childhood.

India’s Kashmir Conflict

With over seven decades crossed since 1947 followed a continuous stretch of never-ending bloodsheds in the Kashmir valley or for the reason of it. Just in past 27 years, around 41,000 lives have been lost due to this Indo-Pak dispute. The Indian army had lost many of its brave soldiers who sacrificed themselves for the safety and security of people in the valley and rest of India. With more than 950,000 soldiers deployed in Kashmir, making it world’s most strongly guarded place, shows the threat level in the valley. The current Kashmir when compared to the Maharaja Hari Singh’s Kashmir is divided into 3 major parts. Two pieces of territory are illegally occupied by the Pakistan (30%) and China (15%). The regions under Pakistan are Gilgilt, Baltistan and the Pakistan occupied Kashmir (POK) and the region under China is Aksai-Chin which is vastly inhabited by humanity.

The Indian controlled Kashmir (55%) owns 60 per cent of the population of Kashmir in total. The Jammu and Kashmir initially under the Sikh Empire of Maharaja Ranjit Singh, saw a shift in powers with arrival of east India company and british. The empire then switched into the Dogra Empire which was overtaken by Maharaja Gulab Singh and this continued until the independence of India in the year 1947. It was this time, when the britishers before leaving Indian territory kept an opportunity for all the 565 princely states of Indian peninsula to either join an Islamic state named Pakistan or a democratic republic of India. This stretched the long run tensions between the communities of muslims (in favour of an Islamic state) and the rest of people into a massacre of centuries. A bloodshed that no one in the world saw before, it is estimated that up to one million people were killed during the violence in 1947, and around 50,000 women were abducted. Some 12 million people were displaced from their homes in the divided province of Punjab alone, and up to 20 million in the subcontinent as a whole. Few princely states opt to merge with Islamic state of Pakistan and majority of them joined the republic of India. Kashmir on the other side chose to remain an independent state under Maharaja Hari Singh. He decided to stay independent because he expected that the State’s Muslims would be unhappy with accession to India, and the Hindus and Sikhs would become vulnerable if he joined Pakistan. On 11 August 1947, the Maharaja dismissed his prime minister Ram Chandra Kak, who had advocated independence. Observers and scholars interpret this action as a tilt towards accession to India. Pakistanis decided to pre-empt this possibility by wresting Kashmir by force if necessary. Pakistan made various efforts to persuade the Maharaja of Kashmir to join Pakistan. In July 1947, Mohammad Ali Jinnah is believed to have written to the Maharaja promising “every sort of favourable treatment,” followed by the lobbying of the State’s Prime Minister by leaders of Jinnah’s Muslim League party. Faced with the Maharaja’s indecision on accession, the Muslim League agents clandestinely worked in Poonch (west territory of Kashmir) to encourage the local Muslims to an armed revolt, exploiting an internal unrest regarding economic grievances. The authorities in Pakistani Punjab waged a ‘private war’ by obstructing supplies of fuel and essential commodities to the State. Later in September, Muslim League officials in the Northwest Frontier Province, including the Chief Minister Abdul Qayyum Khan, assisted and possibly organized a large-scale invasion of Kashmir by Pathan tribesmen. Several sources indicate that the plans were finalised on 12 September by the Prime Minister Liaquat Ali Khan, based on proposals prepared by Colonel Akbar Khan and Sardar Shaukat Hayat Khan. One plan called for organising an armed insurgency in the western districts of the state and the other for organising a Pushtoon tribal invasion. Both were set in motion.

With Pakistan’s tribesmen invasion, the Kashmir was set on fire, loot, and atrocities to Kashmiris by the Pathan’s were so grieve that it could be hardly penned down. The pathan’s did whatever they could to terrorize Kashmiri’s, they abducted, raped and murdered thousands of girls and women of all ages. This was being done to scare Kashmir and its ruler for their indecision for accession into Islamic state of Pakistan. The Pakistan’s muslim league and its military knew this for sure, that newly formed independent nation of Jammu & Kashmir is heavily outnumbered with its line of defence and weapons. The Maharaja made an urgent plea to Delhi for military assistance. Upon the Governor General Lord Mountbatten’s insistence, India required the Maharaja to accede before it could send troops. Accordingly, the Maharaja signed an instrument of accession on 26 October 1947, which was accepted by the Governor General the next day.

While the Government of India accepted the accession, it added the proviso that it would be submitted to a “reference to the people” after the state is cleared of the invaders, since “only the people, not the Maharaja, could decide where Kashmiris wanted to live.”; it was a provisional accession. The largest political party, National Conference, headed by Sheikh Abdullah, endorsed the accession. In the words of the National Conference leader Syed Mir Qasim, India had the “legal” as well as “moral” justification to send in the army through the Maharaja’s accession and the people’s support of it. The Indian troops, which were airlifted in the early hours of 27 October, secured the Srinagar airport. The visiting journalist at Srinagar city witnessed an incredible sight where volunteers of National Conference (Local political party of Kashmir) was patrolling the city from tribal Pakistani invaders and Minority Hindus, Sikhs were moving freely among Kashmiri Muslims. This was a true example of community harmony in Kashmir.

After securing Sri Nagar, the Indian army troops were set to retrieve other portions of Kashmir, captured by the Pakistani tribesmen and military. Yet, in the meantime the then prime minister of India, Mr J. L. Nehru made an announcement over all India radio, that India would seek United Nation’s (UN) mediation into this matter. This was greatly opposed by the then home minister of India, Sardar Vallabhbhai Patel. Later, with intervention of United Nations group under Sir Owen Dixon (UN mediator) who came up with a plan of seizing the military conflict by mapping a stamp on territories already under control. This led regions already secured by the two countries under their jurisdictions and UN formed a Line of Control between the western and Eastern parts of Kashmir. To this day, India claims the entire region of Kashmir as per the legal instrument of accession signed by the Maharaja of Kashmir, making the whole of Kashmir an integral part of Republic Of India.

Later in the year of 1962, another war broke but this time it was between India and China. The war zone was the regions of Ladakh province to the east of Kashmir. After this Indo-China war of ’62, China captured another part of Maharaja Hari singh territory, the Aksai-Chin. India to this date demands both of its territories and had raised its voice into United Nations Security Council from time to time in the recent past. Whatever is good for Kashmir and safe for Kashmiri dreams should be implemented, to make sure that no more innocent lives are lost, no more brave soldiers are sacrificed for the love of their motherland.

Cruelty to animals

July 3rd 2020 is a very significant day in the history of animal welfare in the country. The north east state of Nagaland has banned the sale of dog meat. The state government announced a complete ban on the sale of dog meat in the state. Though this historical decision has been welcomed by the animal welfare groups but regulating the ban won’t be an easy task for the government. Because the dog meat is a part of the food habit practiced by the Nagas (mostly) since the time of their forefathers. It should be noticed here that the hilly state enjoys a special status given by the constitution of India under article 371 (a). This provision exempts the state of all the animal protection and welfare laws ruled in the whole country. It gives it a special status to practice its own customary law. Yet this decision is a shining hope in the fight of ending the cruelty to animals in the country.

Don’t forget ‘vinayaki’

Brutality towards animals has become a part of practice in our society. Sometimes the tradition, compulsion, and even the essential requirement is given as the reason. How can we forget the case of Vinayaki.

The pregnant elephant helplessly standing in the velliar river of kerala awaiting for her death. The widely shared photo had shaken the consciousness of millions. Vinayaki had eaten a pineapple filled with firecracker which exploded in her mouth and severely injured her. While no one intentionally fed her that fruit but filling the fruit with explosive is a local practice by farmers in order to protect their crops from wild animals. In excruciating pain, she died with her unborn calf.

Animal welfare laws

The cruelty to voiceless is being done by humans since ages. Various national and international organisations are working for the welfare of animal reforms. In India the Prevention of Cruelty to Animals act came in 1960 which criminalizes cruelty to animals. Many other subsequent laws also came in order to restrict the use of performing animal, animal slaughtering and experimentation. In year 2014 India became the first country in Asia to ban all testing of cosmetics on animals and the import of cosmetics tested on them.

The laws which we should keep in mind:

It is a criminal offence to beat or confine animal in cages with inadequate space.
Feeding poisonous food to stray animals is a crime and if one gets caught doing so he can be charged under section 11 of the Prevention of Cruelty to Animals Act 1960.
Maiming, injuring or killing the animals in cruel manner is also illegal, and doing so can land anyone in jail for five long years.

Sadly, despite such strict laws cruelty towards the innocent animals is still being done and only in rare cases the culprits get punished. It’s high time that we rectify the wrongs that have been done to the voiceless and give them their due. We should remember what Mahatama Gandhi had said once that, ‘‘the greatness of a nation and its progress can be judged by the way its animals are treated.’’

Rate this:

Rate this:

Koovagam Festival- Origin and Significance

The 18 days of celebration

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

Rate this:

– Judy Grahn

Genital hygiene

Rate this:

Rate this:

Rate this:

Causes of Child Labour

Child Labour Laws in India

Constitutional Provisions Regarding Child Labour

Rate this:

Rate this:

Rate this: