Day: July 19, 2020

What is the UNCRC?

You may have heard the term ‘rights’ before, or even the UNCRC, but what exactly was it and how does it affect young people.

The UNCRC is the UN Convention on the Rights of The Child. It was written in 1989 with the aim to recognize the rights of the children and agrees that they should be protected and promoted in all the areas of their life. They belong to everyone up to age of 18, although in some countries this age is lower.

There are 54 rights laid out as articles in the UNCRC. From the right to name, the right to privacy and the right to housing and food, almost every country has agreed to recognize the rights of the UNCRC. All the rights are connected to each other and are equally important.

The fact that a country has signed the UNCRC does not guarantee that the rights will be respected, protected and fulfilled. Adults are responsible for respecting these rights and countries are responsible for creating laws that will protect these rights.

Article 42 in the UNCRC says that you have the right to know your rights! Adults should know what your rights are and help you learn about them too.

Under the terms of the convention, governments are required to meet children’s basic need and help them reach their full potential. Central to this is the acknowledgement that every child has basic fundamental rights. These rights include the right to:

  1. Life, survival, and development
  2. Protection from violence, abuse or neglect
  3. An education that enables children to fulfil their potential
  4. Be raised by, or have relationship with, their parents
  5. Express their opinions and be listened to.

In 2000, two optional protocols were added to the UNCRC. 0ne ask governments to ensure children under age of 18 are not forcibly recruited into their armed forces. The second calls on states to prohibit child prostitution, child pornography and the sale of children into slavery. These have now been ratified by more than 120 states.

A third optional protocol was added in 2011. This enables children whose rights have been violated to complain directly to the UN committee on the rights of the child.

Custodial Violence: The Way Forward

The recent death of a father-son duo in Tamil Nadu has sparked anger amongst the people of the country. The country also saw people raising hands to how this set of news being particularly from the Southern part has been neglected without losing even a breath. The legal issue covered in the case is on Custodial Violence. Such a violence is what takes place in the judicial and police custody. It is where a person who is alleged to commit the crime is tortured mentally as well as physically. In certain cases, the torture crosses the limits of rape and death as well.

The father-son case has raised several legal concerns such as the poor regard of fundamental rights as the SC identified in the case of Rama Murthy v. State of Karnataka in 1996, as how while upholding fundamental rights of prisoners, the ‘Torture and ill treatment’ in prisons is an area that requires reform. However, no such follow up has been seen. The question on the methods of investigation involving torture are particularly also against the fundamental right to life and dignity as enshrined under Article 21 of the Constitution.

The case puts lights to how the misuse of power of arrest happens in the country. The 3rd report of the National Police Commission observed how 60 per cent of all arrests were completely “unnecessary”. Furthermore, how the unnecessary applications under various sections of the Indian Penal Code, 1860 orders to get non-bailable remand for the accused and is against Article 19 of the Constitution which enables freedom as a fundamental right under the blanket of some reasonable restrictions.

The arresting involves ignorance of rules and use of torture by Police which mostly happens not in respect to the procedure as laid under the Criminal Procedure Code where the police custody is up to 15 days or judicial custody up to 60-90 days, etc. Such acts fall under extra-legal behaviours.

A major concern lines from this incident. It is how the laws still cannot protect its citizens due to the lack of implementation in the process. But when the laid laws are seen, it also reflects how there is a lack of strong legislation against such tortures in India. It shows how the mere release of draconian rules for non-compliance has turned the sector unprogressively ineffective to be bound by law.

India, despite the variety of laws protecting residents, tourists, animals is still yet to criminalise custodial violence. The country had signed the UN Convention against Torture in 1997 but like the trail, the ratification is still on hold.

The country has seen days after days when the police officials have been criticised for such a behaviour. But one needs to understand that there is lack of independent functioning in the particular sector. The Police Act of 1861 is specifically silent on ‘superintendence’ and ‘general control directions’. Such silence is deceptive as it only enables the executives to reduce the police to mere tools but more often not, they are used fulfil mere political interests.

The same could also been minimised through tightening the officials as right now, there stands no second thought before attaining the position of power. The process will certainly fall under regulations if the law permits common citizens to sue a police officer directly without the approval of the Government.

The law as such as has various loop holes. Including the weak functioning of National Human Rights Commission which righteously empowers to summon any witness, order certain production of evidence and also to recommend that the government which can initiate prosecution of officials. Needless to mention, the implementation loses hands they have mostly been limited. Merely to provide compensations or any other immediate interim relief by calling on the Government.

The way forward, however, looks progressive as India has ratified the International Covenant on Civil and Political Rights. Though it has only signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment but positively, both of it prohibits torture.

Along with it, there is a reformation under Section 197 of CrPC as distinct so that there need not be requirement of any government approval before pursuing charges against police where the alleged crime is torture, arbitrary detention and also other criminal acts.

There have also been strict implementations of the DK Basu judgment given in 1997 by the SC. In the case, the apex court had issued 11 directions with the objective to increase the transparency and also to fix responsibility while any police official is making an arrest.

The effective role of magistrate is encouraged throughout the process as they have a duty to prevent the overreaching of police powers and have a right to ensure the wellbeing of suspects in custody by directly questioning them. They also have to ensure that the right to counsel is available to suspects so that Article 22 of the Constitution is not violated at any stage.

Various other steps as such as to ensure the police accountability, getting technically uplifted by providing training in scientific methods of investigation, introducing different gadgets to help the process as Body cameras used in the U.S. and the U.K and importantly, CCTV cameras inside the police stations.

Death due to torture is purely a criminal act and no authority should have power positioned to do it. The steps have certainly been put but it all that matters is that the entire way forward is duly maintained.

Cyber Laws in India

Crime is both a social and economic phenomenon. Cyber Crime is not defined in Information Technology Act 2000 nor in the I.T. Amendment Act 2008 nor in any other legislation in India. In fact, it cannot be too. Hence, to define cyber crime, we can say, it is just a combination of crime and computer. To put it in simple terms ‘any offence or crime in which a computer is used is a cyber crime. The I.T. Act defines a computer, computer network, data, information and all other necessary ingredients that form part of a cyber crime. In a cyber crime, computer or the data itself the target or the object of offence or a tool in committing some other offence, providing the necessary inputs for that offence. All such acts of crime will come under the broader definition of cyber crime.

The computer-generated world of internet is known as cyberspace and the laws prevailing this area are known as Cyber laws and all the users of this space come under the ambit of these laws as it carries a kind of worldwide jurisdiction. Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology. In short, cyber law is the law governing computers and the internet.

Cyber law in India can be considered as a part of the overall legal system that deals with the Internet, E-commerce, digital contracts, electronic evidence, cyberspace, and their respective legal issues. Cyber law in India covers a fairly broad area, encompassing several subtopics including freedom of expression, data protection, data security, digital transactions, electronic communication, access to and usage of the Internet, and online privacy.

Advantages of Cyber Laws in India

The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. We need such laws so that people can perform purchase transactions over the Net through credit cards without fear of misuse. The Act offers the much-needed legal framework so that information thus not denied legal effect, validity or enforceability, solely on the ground that its in the form of electronic records.

Need of Cyber Laws in India

Information technology has spread throughout the world. Computer used in every sector wherein cyberspace provides equal opportunities to all for economic growth and human development. As the user of cyberspace grows increasingly diverse and the range of online interaction expands, there is expansion in the cyber crimes i.e. breach of online contracts, perpetration of online torts and crimes etc. Due to these consequences there was need to adopt a strict law by the cyber space authority to regulate criminal activities relating to cyber and to provide better administration of justice to the victim of cyber crime. In the modern cyber technology world its very much necessary to regulate cyber crimes and most importantly cyber law in India should thus made stricter in the case of cyber terrorism and hackers.

In today’s highly digitalized world, almost everyone is affected by cyber law. For example:

  • Almost all transactions in shares are in demat form.
  • Almost all companies extensively depend upon their computer networks and keep their valuable data in electronic form.
  • Government forms including income tax returns, company law forms etc. are now filled in electronic form.
  • Consumers are increasingly using credit/debit cards for shopping.
  • Most people are using email, phones and SMS messages for communication.
  • Even in “non-cyber crime” cases, important evidence is found in computers/cell phones eg: in cases of murder, divorce, kidnapping, tax evasion, organized crime, terrorist operations, counterfeit currency etc.
  • Cyber crime cases such as online banking frauds, online share trading fraud, source code theft, credit card fraud, tax evasion, virus attacks, cyber sabotage, phishing attacks, email hijacking, denial of service, hacking, pornography etc. are becoming common.
  • Digital signatures and e-contracts are fast replacing conventional method of transacting business.

Laws For Cyber Crimes In India

The Information and Technology Act, 2000 explicitly provides the legal framework for the electronic governance by giving identification to the electronic records and digital signatures, it also expressly defines penalties for culprits after commitment of the cyber crime. It statutorily had also established a Cyber Appellate Tribunal to resolve the disputes especially related to Cyber Crimes and Online Frauds.

Apart from it some of the statutory provisions of Indian Penal Code, 1860 especially in the crime of Fraud, Criminal Intimidation, Cheating, Breach of Trust, Abetment of Suicide via Blackmailing, etc. may be charged on accused having regard to the circumstances, and discretionary powers of the Court, however it must be noted that a person cannot be punished twice for the same offence, as it will violates his Fundamental Right ensured under Article 20 (2) of the Indian Constitution i.e. Double Jeopardy. 

Pubg Mobile vs Call of Duty

Player Player known or PUBG: Mobile in short means nothing about the changing world of gaming made in India. There has never been a sports theme ever given such a famous glory in the world and it certainly is not a mobile game. One could say that Tencent, the publisher of PUBG Mobile, has broken the formula for a successful title in a country where Sports was less important.
While in its PC avatar, PUBG has never received much attention in the world due to high computer requirements, but for mobile phones, the game has come to life. In less than a year we see YouTubers with channels dedicated to PUBG Mobile, major tournaments and more. As long as it seemed like PUBG’s popularity would just continue to be viewed by the weather, out of place.
Call of Duty Mobille: A game that brings the world-famous franchise to the portable platform.
To make it clear that Call of Duty has been on mobiles before, but the level of gameplay is limited especially for a single player. With the new Call of Duty: Mobile, working on activation seeks to enhance the full console experience of multiplayer consoles on Android / iOS. So far Activation has not announced any official release date for Call of Duty: Mobile, but the closed beta is still available. I have to try it and here are my thoughts on it compared to PUBG mobile.

Game Types
The main reason why anyone wants to play Call of Duty (which is why it will be known as COD throughout this piece) is the variety of options offered. The most popular used, and the ones that will be most enjoyable, will be Deadmatch, Free-for-all, Domination, Frontline and Search and Destroy. The action is moving at a high student pace, with no time to breathe as in each mode you get unlimited objections while you and your team try to reach the school limit first. Other than that if you upgrade your level and show off to your friends, a higher Rank mode is also available where you can play all of the game modes described above, the only difference being that you are paired with players in the same position.
By comparison, PUBG Mobile also has several options, but no one has the experience of pumping adrenaline like COD. The closest thing you can get is to take a quick step in War Mode, and also to force you to jump off the plane every time you die. While the great Battle Royale mode for Class is definitely a great attraction for PUBG Mobile, it can be reversed a bit and there are limited things you can do. War Royale in COD, on the other hand, basically COD Blackout was downgraded to the platform. There are custom classes, helicopter rides, highways, small maps, zombies, a bloody area, lots of enemy plots and more. It’s a matter of popularity, but I’d really like to rate War Royale in COD as the top notch that PUBG. Left-side, Team Deadmatch is coming to PUBG Mobile soon, as it will be Zombies mode in COD.

Indian News Channel ‘News Nation’ Faces Protests for calling K-Pop Girl Band ‘Blackpink’ as ‘Chinese Strippers’

If you are a K-pop fan then there is no way you haven’t heard of the K-pop sensation ‘Blackpink’. The group consists of the supremely talented Jisoo, Jennie, Rose and Lisa. Whether it is dancing or singing, they ace it in the real sense of the term. They enjoy a mass fan following all around the world but seems like News Nation doesn’t know about them.

The news channel is under fire after showing the clips of South Korea’s K-pop girl group while airing a story on Chinese Strippers. Fans of the group all over the world including India have demanded an apology from the channel.

Following the Indo-China border scuffle, there are are anti-Chinese sentiments in India and some news channels are continuously airing China related stories. In one of its segments called “Rochak Romanchak” (Thrilling content) , The News Nation showed the clipping on BLACKPINK’s music video and subtitles below read ” strippers dance during funerals in China”.

The anchor is heard saying that the Ministry of Culture in China has declared the tradition indecent and even though it is not sure if there will be a ban on the tradition, the Chinese government will continuously work towards ending it.

Fans all over the world including India called the news segment shameful. Giving details of the song, fans said that the clip shown was from BLACKPINK’s “In Your Area” concert while Lisa and Jennie gave solo performances.

It will be interesting to see if BLACKPINK gives out a reaction to this incident or not.

Chronology of Chief Ministers of Tamil Nadu: An Analysis for Future Research

The article has been written with the objective of presenting chronology of the Chief Ministers of Tamil Nadu and also then the Madras Presidency of British India so that at a glance present generation can get an idea. Also future research study can be taken up about the activities of each Chief Minister.

   In school and college days, we read about the supremacy of the Cholas, the Cheras and the Pandyas for centuries. The Pallavas held supremacy from about the second quarter of the fourth century A.D. They were the designers, architects and initiators of the famous Dravidian style of temple architecture which still attracts Indians from other parts of the country and lakhs of foreigners. Muslims gradually strengthened their position, which led to the establishment of the Bahamani Sultanate, by the middle of the 14th century.

  The present Government of Tamil Nadu is headed by Edappadi K. Palaniswami, after the demise of former Chief Minister Dr. J. Jayalalithaa. Anyway, the first Chief Minister of  the Madras Presidency of British India was Thiru A Subbarayalu (17-12-1920 to 11-07-1921). He initially joined the Indian National Congress but left the party in 1916 to join the Justice Party and he was CM from the Justice Party. It is pertinent to mention that the Justice Party, officially known as the South Indian Liberal Federation, was a political party in the Madras Presidency of British India. It was established on 20 November, 1916.  The names of the Chief Ministers along with their tenure in then Madras/Tamil Nadu are presented below:    .

1)         Thiru A Subbarayalu   (17-12-1920 to 11-07-1921)

2)         Thiru Panagal Raja (11-07-1921 to 03-12-1926)

3)         Dr. P Subbarayan (04-12-1926 to 27-10-1930)

4)         Thiru P Munuswamy Naidu (27-10-1930 to 04-11-1932)

5)         Thiru Ramakrishna Ranga Rao,Raja of Bobbili (05-11-1932 to 04-04-

             1936) & (24-08-1936 to 01-04-1937)

6)         Thiru P T Rajan (04-04-1936 to 24-08-1936)

7)         Thiru Kurma Venkata Reddy Naidu (01-04-1937 to 14-07-1937)

8)         Thiru C Rajagopalachari (14-07-1937to29-10-1939) & (10-04-1952to13-04-1954)

9)         Governor’s Rule (29 -10-1939 to 30 -04-1946) (2,375 days)

10)       Thiru Tanguturi Prakasam (30-04-1946 to 23-03-1947)

11)       Thiru O P Ramaswamy Reddiyar (23-03-1947 to 06-04-1949)

12)       Thiru P S  Kumaraswamy Raja (06-04-1949 to 09-04-1952)

13)       Thiru K Kamaraj (13-04-1954 to 02-10-1963)

14)       Thiru M Bakthavatsalam (02-10-1963 to 06-03-1967)

15)       Dr. C.N. Annadurai (06-03-1967 to 03-02-1969)

16)       Dr. Kalaignar M Karunanidhi (10-02-1969 to 04-01-1971), (15-03-1971 to 31-01-

            1976), (27-01-1989 to 30-01-1991), (13-05-1996 to 13-05-2001), (13-05-2006 to

             15-05-2011)

17)       Dr. M G Ramachandran (30-06-1977 to 17-02-1980) (09-06-1980 to 15-

           11-1984) (10-02-1985 to 24-12-1987)

18)       Thiru V.R. Nedunchezhiyan,( 04-02-1969 to 09 -02-1969), (16-11-1984 to 9-02-

            1985) & (25-12-1987to 06-01-1988)

19)       4 February 1969 – 9 February 1969, 16 November 1984 – 9 February   

            1985 and 25 December 1987 – 6 January 1988

20)       Thirumathi Janaki Ramachandran (07-01-1988 to 30-01-1988)

21)       Dr. Selvi J Jayalalithaa (24-06-1991 to 12-05-1996), (14-05-2001 to 21-

             09-2001), (02-03-2002 to 12-05-2006),          (16-05-2011 to 27-09-

              2014), (23-05-2015 to 21-05-2016) & (23-05-2016 to 05-12-2016)

22)         Thiru O. Panneerselvam (21-09-2001 to 01-03-2002), (29-09-2014 to

              22-05-2015) (06-12-2016 to 15-02-2017)

23)       Thiru Edappadi K. Palaniswami (16 February 2017 still continuing)

  From the above list few points may be mentioned here. Before independence of India,   the South Indian Liberal Federation dominated in Madras Presidency of British India as of the nine Chief Ministers of Madras Presidency namely,  1)Thiru A Subbarayalu, 2)Thiru Panagal Raja, 3) Dr. P Subbarayan, 4) Thiru P Munuswamy Naidu, 5) Thiru Ramakrishna Ranga Rao, Raja of Bobbili, 6) Thiru P T Rajan 7) Thiru Kurma Venkata Reddy Naidu, 8) Thiru C Rajagopalachari and 9) Thiru Tanguturi Prakasam, five were from  South Indian Liberal Federation and two were unaffiliated to any political party i.e. no political party and two were from Indian National Congress. The Chief Ministers of unaffiliated political party were Dr. P Subbarayan, and Thiru Kurma Venkata Reddy Naidu.  On the other hand, Thiru C Rajagopalachari and Thiru Tanguturi Prakasam were from Indian National Congress. After independence, Chief Ministers of Madras/ Tamil Nadu were either from Indian National Congress or Dravida Munnetra Kazhagam or All India Anna Dravida Munnetra Kazhagam, but the South Indian Liberal Federation (Justice Party) could not make any dent after independence. Also after independence President’s rule was imposed five times in the State.

(The author is thankful to Thiru Mr. Rajendra Gounder, Assistant Professor of Economics, Goa Multi-Faculty College, and Goa for providing some information. Anyway, I take full responsibility for any fault if it is observed here)

The following websites have been consulted while writing the article

  1. www.tn.gov.in/tamilnadustate
  2. https://en.wikipedia.org/wiki/Tamil_Nadu
  3. https://en.wikipedia.org/wiki/Justice_Party_(India)

Dr. Shankar Chatterjee                                                                   

Former Professor& Head (CPME)

NIRD &PR (Govt. of India),

Hyderabad-500 030

Email <shankarjagu@gmail.com>

Financial literacy

An Introduction

We go to schools, colleges, universities to complete our educated and start earning our livelihood. We take up jobs, practise professions or start our own businesses so that we can earn money to make our living. But which of these institutions make us capable of managing our own hard-earned money? Probably a very few of them.  Our ability to effectively manage our money by drawing systematic budgets, paying off our debts, making buying and selling decisions and ultimately becoming financially self-sustainable is known as financial literacy. 

Financial literacy is knowing the basic financial management principles and applying them in our day-to-day life. 

Financial Literacy – What does it Involve? 

From simple practices like keeping a track of our expenses and understanding the need to spend money if we like a product to striking a balance between the value of time saved and money lost, paying our taxes and filing of tax returns, finalizing the property deals, etc – everything becomes a part of financial literacy. 

As human beings, we are not expected to know the nitty-gritty of financial management. But managing our own money in a way that it does not affect us and our family in a negative way is important. We certainly do not want to end up having a day with no money at hand and hunger in our stomach. 

Why is Financial Literacy so Important?

Financial literacy can enable an individual to build up a budgetary guide to distinguish what he buys, what he spends, and what he owes. This subject additionally influences entrepreneurs, who incredibly add to financial development and strength of our economy. 

Financial literacy helps people in becoming independent and self-sufficient. It empowers you with basic knowledge of investment options, financial markets, capital budgeting, etc.

Understanding your money mitigates the danger of facing a fraud-like situation. A few strategies are anything but difficult to accept, particularly when they’re originating from somebody who is by all accounts learned and planned. Basic knowledge of financial literacy will help people with foreseeing the risks and argue/justify with anyone learned and well-informed.

What should you read on / get informed about in Financial Literacy?

  • Budgeting and techniques of budgeting
  • Direct and indirect taxation system
  • Direct tax slabs
  • Income and expense tracking 
  • Loans and debt – EMI management 
  • Interest rate systems: fixed versus floating
  • Business and organisational transaction studies
  • Elementary Book-keeping and Accountancy
  • Cash in-flow and out-flow Statements
  • Investment & personal finance management
  • Asset management:
  • Business negotiation skills and techniques
  • Make or buy decision-making
  • Financial markets 
  • Capital structure – owner’s funds and borrowed funds
  • Fundamentals of Risk Management
  • Microeconomics and Macroeconomics fundamentals

While there are various media to learn about financial literacy, we recommend that you join a short-term, weekend programme which helps you get financially literate.

Abetment of Suicide

Actor Sushant Singh Rajput’s death have brought a storm in hindi film industry. Rajput was found hanging inside his house on june 14th. Mumbai Police is investigating the matter, has termed his death a suicide. The post-mortem report of the actor had also mentioned the cause of the death as “asphyxia due to hanging”. But his fans are calling ‘nepotism’, ‘favoritism’ and false campaign of maligning his image, is the cause of his death. Fans of the late actor have launched a social media campaign and demanding for CBI inquiry.
Meanwhile, Mumbai Police is trying to find out the reasons of his suicide. Police is also investigating the angle of abetment of suicide into the matter. Total 37 people including the actor’s family members, close friends, and industry counterparts have already been questioned. The first findings suggest that Sushant was taking psychiatrist help for the last one year.

What law says?
Section 306 of Indian Penal Code 1860, describes, abetment of suicide. It says that, if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The offence of abetment shall conform to the definition of ‘abetment’ under Section 107 of IPC i.e. there must be instigation, or engaging in conspiracy or assistance in the commission of offence.


Earlier this year, Bombay High Court hearing a matter of offence punishable under Sections 498A (Husband or relative of husband of a woman subjecting her to cruelty) and Section 306 IPC, remarked that,
“.. It is to be kept in mind that it is easy to accuse somebody of ill-treatment after someone dies, but it will not be wise to convict somebody based on such general statements.”
Gurcharan Singh vs. State of Punjab– In this case, the Supreme Court observed that the basic ingredients of Section 306 of IPC are suicidal death and the abetment thereof. To constitute abetment, the intention and involvement of the accused to aid or instigate the commission of suicide is imperative. Any severance or absence of any of these constituents would militate against this indictment.
In the case of Randhir Singh vs. State of Punjab, The Apex Court enunciated on the pith and purport of Section 306 IPC and opined:
‘Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing.’
‘More active role which can be described as instigating or aiding the doing of a thing is required before a person can be said to be abetting the commission of offence under Section 306 of IPC.’


Instigation
Supreme Court of India elaborated the term ‘instigation’ in the case of Ramesh kumar v state of Chhattisgarh. The court stated that, ‘Instigation is to goad, urge forward, to provoke, incite or encourage to do an act.’

Conclusion
In order to prove abetment, it must be shown that the accused kept on inciting or annoying the deceased by words, taunts or wilful omission or conduct which may even be wilful silence until the deceased reacted.
Secondly, the accused’s intention should be present there. Because mens rea is the necessary concomitant of instigation.

Universal Declaration of Human Rights (UDHR)

“The rights of every man are diminished when the rights of one man are threatened.”

John F. Kennedy

One week after World War II began, Herbert George Wells, wrote to the Times of London, with “What are we fighting for?” The science fiction writer answered his own questions with, “The Rights of Man.” On the February 5th publication of the Daily Herald in 1940, Wells published his own “Declaration of Rights.” This article was well received and was later turned into a book.

The United Nations (UN) was founded in 1945. The two main resolutions were; to prevent another world war and to attempt to make the world a better place for all the citizens of the world. The idea of the United Nations was suggested by the League of Nations, established in 1919 (post World War I). In 1878, Congress of Berlin was formed the same way the League of Nations was formed. Yet it wasn’t successful in avoiding World War I. UN was formed in hopes to rectify the shortcomings of the Congress of Berlin and the League of Nations.

On 10th December 1948, unanimously the General Assembly of the United Nations passed the Universal Declaration of Human Rights (UDHR). The 30 articles and sub-clauses of the UDHR promotes and the UN and Human Rights Commission (HRC), oversee that “everyone is entitled to all of the rights and freedoms set forth in this Declarations, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

The UDHR comprises the basic human rights every person deserves, like the civil and political right to life, free speech, privacy, seeking asylum, freedom from torture, right to education and so much more.

Below I list every Article of the UDHR and an explanation.

“Article 1: 

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

Every person born into this world has equal worth and rights. Everyone should be kind and respectful of others.

“Article 2: 

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.”

No matter a person’s, race, colour, sex, or any other difference, everyone is entitled to all the rights listed in this Declaration.

“Article 3: 

Everyone has the right to life, liberty and security of person.”

Everyone has a right to live, freely and securely.

“Article 4: 

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

No one can be enslaved or punished for being alive.

“Article 5: 

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

No one deserves or should be tortured or subjected to cruelty, inhumanity, or degrading behavior.

“Article 6: 

Everyone has the right to recognition everywhere as a person before the law.”

Everyone in this world has the right to be recognized everywhere as a person.

“Article 7: 

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection….”

Everyone is equal before the law and is entitled to impartiality. And if anyone faces discrimination, they deserve equal protection.

“Article 8: 

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

Everyone has the right to legal support if and when needed/

“Article 9: 

No one shall be subjected to arbitrary arrest, detention or exile.”

No one, unless proven guilty, can be arrested or exiled.

“Article 10: 

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”

Everyone accused of a crime has a right to a fair and equal public trial. Subjective judgment is a violation of Human Rights.

“Article 11: 

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a….”

Everyone accused of a crime has the right to be considered innocent until proven guilty.

“Article 12: 

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

No one has the right to enter another persons’ house, mail, or intrude without a good reason. We have a right to be protected if that happens.

“Article 13: 

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

 (2) Everyone has the right to leave any country, including his own, and to return to his country.”

Everyone has the right to move around one’s home country and travel abroad with proper documents.

“Article 14: 

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

 (2) This right may not be invoked in the case of…..”

If a person is at risk of harm in one’s own country, one has the right to seek asylum in other nations.

“Article 15: 

(1) Everyone has the right to a nationality.

 (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

Everyone has a right to be a citizen of a country, and no one or government can deny that without a justifiable reason.

“Article 16: 

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during….”

Every one of the legal age has the right to marry and start a family without any limitation of any race, nationality, religion, or any other reason.

“Article 17: 

(1) Everyone has the right to own property alone as well as in association with others.

 (2) No one shall be arbitrarily deprived of his property.”

Everyone has the right to own a property, and anyone deprived of this right is a violation of Human Rights.

“Article 18: 

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”

Everyone has a right to their thoughts, beliefs, and religion. Anyone wishing to change their religion is entitled to do so.

“Article 19: 

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Everyone has the right to express their thoughts and opinions freely with anyone.

“Article 20: 

(1) Everyone has the right to freedom of peaceful assembly and association.

 (2) No one may be compelled to belong to an association.”

Everyone has the right to form groups and organize peaceful protests. Anyone denying a person or group of protesting peacefully is violating Human Rights.

“Article 21: 

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives……”

Everyone has the right to freely choose their political representative. Either by democracy or any other method. Any government or leader denying that right is violating Human Rights.

“Article 22: 

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international…..”

“The society we live in should help every person develop to their best ability through access to work, involvement in cultural activity, and the right to social welfare. Every person in society should have the freedom to develop their personality with the support of the resources available in that country.”

“Article 23: 

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions……”

Everyone has the right to work and freely choose any occupation. Unless the person is underqualified, no one can be denied the position.

“Article 24: 

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.”

Everyone has the right to work reasonable hours. Everyone holds the right to enjoy leisure time each week. Any overtime spent working needs to be compensated with additional holiday/vacation pay.

“Article 25: 

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food…..”

Everyone has the right to adequate food, clothing, housing, and healthcare. Everyone who is unable to work, or work adequately is entitled to benefits. Every disabled person is entitled to services and benefits to make life easier.

“Article 26: 

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made…….”

Everyone has the right to educations and elementary and primary education should be free for all. Education every child receives should include these rights and fundamental freedoms. Every parent has the right to choose the right kind of education for their children.

“Article 27: 

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in…..”

Everyone has the right to freely participate in the cultural activities of the community and also hold the right to reserve the copyright of one’s work.

“Article 28: 

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.”

Everyone has the right to live peacefully at the local, national, and international order that this Declaration provides.

“Article 29: 

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible……”

“We have duties to the community we live in that should allow us to develop as fully as possible. The law should guarantee human rights and should allow everyone to enjoy the same mutual respect.”

“Article 30: 

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.”

No person, group, or government holds the right to deny or destroy the rights and freedoms allocated by this Declaration.

Many countries, governments, and influenced groups are violating these basic Human Rights. A few examples of this are listed below:

  • Landlords forcibly evicting tenants who are unable to pay rent amidst the COVID-19 pandemic.
  • The Indian government detaining peaceful protestors during the anti-NRC and anti-CAA protests in 2019-20.
  • Police Brutality in the form of custodial rapes, custodial torture, no-knock searches, wrongful imprisonment, denial of medical attention, excessive force, and more.
  • Dictator rulers are violating human rights.
  • Victims being denied justice.
  • Systematic- Racism and Discrimination against African-American citizens in America.
  • Chinese Political unjust towards Uighur Muslims.
  • Civil War zones in Syria, Yemen, and other countries.
  • Malnourished people being denied access to food and necessities,
  • “Political prisoners” who spoke out against their government.

This is list can go on, so many people are being denied basic human rights.

To MARS, Or Not To MARS ?

Strap yourself in, we are going on a trip in our favorite rocket ship, steering through the clouds like little Einsteins. Climb aboard and get ready to explore, the Red Planet- Mars. From hostile deserts, to lonely islands and the highest mountains, wherever there is space to expand into, humans do so.

Hence it is hardly surprising that we are all ready to set foot into Mars and create the first permanent colony outside of Earth maybe even terraform another planet and turn it into a second blue home.

If you don’t know who is Elon Musk, then you better start googling his name and get to know him. Not only is he the billionaire founder of Tesla Motors, this a.k.a. Iron man superhero Tony Stark has ambitious plans to send humans to Mars by 2025.

If this is a trip then like any other, there is a need for a checklist with list of items to be taken to Mars and items we can conveniently leave back on Earth. Let’s get started fellow Martians.

A MARS COLONY CHECKLIST :

  • PORTABLE OXYGEN GENERATOR- You need to breathe. In case of emergency, a standby kit to generate oxygen is required. But considering humans, we might need a mask too because air is our favourite natural element to pollute.
  • PORTABLE SOLAR POWER KIT- Low battery and no charger sounds as scary as the trip itself. Whatever electronics you are bringing, as long as there is no electricity, forget about your entertainment. You don’t want to die of boredom.
  • PORTABLE WATER FILTER- We know there is frozen water on the planet. But we dont know if ita drinkable. All the ice deserves a drink, so bring a filter and soda-making machine if excess luggage permits (check with your airline)
  • PLANT SEEDS- Once you run out of your snacks you should look into farming. Be prepared, bring some seeds and check some tutorials on gardening (preferably in space).
  • LONELINESS- Self isolation might be needed to avoid radioactive exposure, well looks like the year 2020 is indeed a good practice for it. Also aren’t we all lonely from inside (No? just me? Okay…. *crawls back into my hole*)
  • NUCLEAR REACTORS- For creating a safe atmosphere and not the nuclear weapons that Nations own for “defense purposes” Let those weapons stay on Earth along with the people who threaten to use them because there isn’t much spice in their lives.
  • MULTIMILLION DOLLAR SPACESHIP – So large that it could fit the 150 Million homeless around the world, people who have been disappointed by the Politicians and their promises.
  • A HIGH TOLERENCE – A tolerance level higher than what we have to everything on social media and to the lifestyle of new generations.
  • MAA KE HAAT KA KHANA – A nice Tupperware tiffin box with food made by your Moms because, The M.O.M on Mars doesn’t cook or do ALL your work. (M.O.M –Mars Orbiter Mission also called Mangalyaan)

Lastly a desire to get away from it all. Elon Musk is not crazy, but a visionary, a modern adventurer who dares to dream. NASA is behind him by committing to send the first batch of astronauts on his mission. More than 200,000 people have signed up for the one-way ticket to Mars including Leonardo DiCaprio. Musk hopes to send 1 million people to the Red Planet and a ticket is estimated to cost around USD200,000 for each passenger (Hefty I know, but you get to travel with Leo as your travel buddy, hopefully this space- SHIP doesn’t sink).

Well as scary and uncertain as everything sounds it all comes down to one very important factor, Does Mars have Wi-Fi?

obesity and social life.

OBESITY AND SOCIAL LIFE.

Body image has increasingly grown into a weapon that many youths can use against others in social media. People glamorize slim bodies of celebrities. Those who are seen to be fat are frequently embarrassed in the social media, which may lead to suicidal thoughts.

 Obesity is a medical condition in which excess body fat is been accumulated to an extent that it may have a negative effect on health. On average, obese people have greater energy expenditure than their normal counterparts due to the energy required to maintain an increased body mass. Certain populations tend to have higher rates of obesity. Overweight and obesity are often accompanied by other chronic health conditions such as diabetes, heart disease, hypertension, certain cancers, and arthritis. Rural populations with a higher risk of obesity include those who are: Age 60 and above.

Discriminating against slim, overweight or obese, people does not help them to lose weight. In fact, the embarrassment, humiliation and stress they feel from such discrimination are likely to cause them to gain weight not to lose weight. Previous research has shown that people who are stigmatized for being overweight are more likely to engage in behaviours that promote obesity, including problematic eating, avoidance of physical activity and a refusal to restrict their food intake.

The analysis found that 5 per cent of the 2,944 participants reported weight-related discrimination. The people who said they had experienced such discrimination tended to be younger and to have lower incomes than those who said they had not. The more they weighed, the greater the likelihood of discrimination. Only 1 per cent of those with a “normal weight” body mass index (BMI) said they had encountered weight-related discrimination compared to 36 per cent of those with a BMI that put them in the “morbidly obese” category. Interestingly, men and women reported similar levels of discrimination.

“Removing prejudice and blame from weight loss advice might be a better route to promote weight control.”

Obesity is a social issue. An overweight person may worry about what others think. When people judge you unfairly, it can make you feel like it’s your fault. Well-meaning parents, siblings, or friends can sometimes make things worse by making “suggestions” about food or exercise. These good intentions may come across as criticism. Some teens that are overweight are teased or bullied. Teasing and bullying can make you feel sad or embarrassed. Fear of being judged or rejected might make you shy away from people. You may stop doing things you enjoy. But the best thing to do is to take your mind — and other people’s — off your weight and back onto you as a person. The most common way to determine if a person is overweight or obese is to calculate body mass index (BMI). BMI is an estimate of body fat based on comparing a person’s weight to his or her height.

So it clearly shows that weight discrimination is a part of the obesity problem and not the solution. So, everyone, including doctors, should stop blaming and shaming people for their weight and offer support, and where appropriate, treatment because when confidence fades and self-esteem takes a beating, it’s harder to stick with a weight loss program.

Online Shopping; our best friend

Aren’t we all guilty of this? Online shopping is an addiction for most of us across the age groups. Many people indulge in this to cope with their emotions. Especially during times like these, when everyone is forced to stay in and the shops and malls being closed, online shopping has come to our rescue. It first started a couple of years back, when amazon first came into picture. During its initial years, online shopping was not that welcomed especially by the Indian origins. We liked to go around, and touch and feel the product, make sure to check for damages if any and definitely ask for a discount, let me say bargain for a better price. But soon things changed and online shopping prospered across the country. Right from clothing to electronics online shopping started gaining popularity. With seasonal sales, online shopping sites manged to garner attention from many. Also providing options like buy back and returns policy many started favouring online shopping. If you can shop from the comfort of your home and avoid traffic and parking problems and most importantly save time, energy and fuel why you will not favour it. You also have the luxury of a huge variety of choices and different ranges for each type and kind of product.

Here we have some advantages and disadvantages of online shopping.

Advantages of online shopping

 

Due to rapid growth of technology, business organizations have switched over from the traditional method of selling goods to electronic method of selling goods. Business organizations use internet as a main vehicle to conduct commercial transactions.

Online stores do not have space constraints and a wide variety of products can be displayed on websites. It helps the analytical buyers to purchase a product after a good search.

1. Convenience of online shopping

Customers can purchase items from the comfort of their own homes or work place. Shopping is made easier and convenient for the customer through internet. It is also easy to cancel the transactions.

The following table depicts the factors which motivate the online shoppers to buy products online.

Top 6 reasons given by shoppers in buying through internet

  • Saves time and efforts.
  • Convenience of shopping at home.
  • Wide variety / range of products are available.
  • Good discounts / lower prices.
  • Get detailed information of the product.
  • We can compare various models / brands.

2. No pressure shopping

Generally, in physical stores, the sales representatives try to influence the buyers to buy the product. There can be some kind of pressure, whereas the customers are not pressurized in any way in online stores.

3. Online shopping saves time

Customers do not have to stand in queues in cash counters to pay for the products that have been purchased by them. They can shop from their home or work place and do not have to spend time traveling. The customers can also look for the products that are required by them by entering the key words or using search engines.

4. Comparisons

Companies display the whole range of products offered by them to attract customers with different tastes and needs. This enables the buyers to choose from a variety of models after comparing the finish, features and price of the products on display, Sometimes, price comparisons are also available online.

5. Availability of online shop

The mall is open on 365 x 24 x 7. So, time does not act as a barrier, wherever the vendor and buyers are.

6. Online tracking

Online consumers can track the order status and delivery status tracking of shipping is also available.

7. Online shopping saves money

To attract customers to shop online, e-trailers and marketers offer discounts to the customers. Due to elimination of maintenance, real-estate cost, the retailers are able to sell the products with attractive discounts through online. Sometimes, large online shopping sites offer store comparison.

Disadvantages of online shopping

 

Disadvantages of Online Shopping. Ease of use is the prime reason that drives the success of e-commerce. Though internet provides a quick and easy way to purchase a product, some people prefer to use this technology only in a limited way. They regard internet as a means for gathering more information about a product before buying it in a shop. Some people also fear that they might get addicted to online shopping.

The major disadvantages of online shopping are as follows.

1. Delay in delivery

Long duration and lack of proper inventory management result in delays in shipment. Though the duration of selecting, buying and paying for an online product may not take more than 15 minutes; the delivery of the product to customer’ s doorstep takes about 1-3 weeks. This frustrates the customer and prevents them from shopping online.

2. Lack of significant discounts in online shops

Physical stores offer discounts to customers and attract them so this makes it difficult for e-trailers to compete with the offline platforms.

3. Lack of touch and feel of merchandise in online shopping

Lack of touch-feel-try creates concerns over the quality of the product on offer. Online shopping is not quite suitable for clothes as the customers cannot try them on.

4. Lack of interactivity in online shopping

Physical stores allow price negotiations between buyers and the seller. The show room sales attendant representatives provide personal attention to customers and help them in purchasing goods. Certain online shopping mart offers service to talk to a sales representative,

5. Lack of shopping experience

The traditional shopping exercise provides lot of fun in the form of show-room atmosphere, smart sales attendants, scent and sounds that cannot be experienced through a website. Indians generally enjoy shopping. Consumers look forward to it as an opportunity to go out and shop.

6. Lack of close examination in online shopping

A customer has to buy a product without seeing actually how it looks like. Customers may click and buy some product that is not really required by them. The electronic images of a product are sometimes misleading. The colour, appearance in real may not match with the electronic images.

People like to visit physical stores and prefer to have close examination of good, though it consumes time. The electronic images vary from physical appearance when people buy goods based on electronic images.

7. Frauds in online shopping

Sometimes, there is disappearance of shopping site itself. In addition to above, the online payments are not much secured. So, it is essential for e-marketers and retailers to pay attention to this issue to boost the growth of e-commerce. The rate of cyber-crimes has been increasing and customers’ credit card details and bank details have been misused which raise privacy issues.

Customers have to be careful in revealing their personal information. Some of the e-trailers are unreliable.

The disadvantages of online shopping will not hinder its growth, Online shopping helped businesses to recover from the recession.

Merchants should pay attention to the stumbling blocks and ensure secure payment system to make online shopping effective; the following advice may be followed by the E-merchants and by the online shoppers.

I know this can be exciting, but make sure you don’t get scammed. Happy shopping!

“Log kya kahenge”

”log kya kahenge” is a word which underestimates one’s ability. it can’t let us allow to do what we want to do. In todays world this three words are one of the biggest barrier to success.

For example: if someone wants to marry a person of his/her choice. than the very first thing comes in our mind that “log kya kahenge” which makes our parents felt disrespectful. Also they think that they can’t stand in a society in the same reputation and dignity.

In India everyone lives together, really close. And that’s an amazing thing. But we are not able to mind our own business. We have so much to say and soo much to judge. Everyone on road to other places can easily make out when thier clothes, realationship status, job and etc. are not approved. We are so qualified in making others feel out of place and uncomfortable. We can easily crush confidence of a person by looking at them for just 5 seconds. We are “log” who make others feel self-conscious.

A girl wearing a crop to is being judged brutally by the society , specially by aunts. but when the same aunts wear sarees that displays their 6 inch stomach, why are the still taged as “sanskari”.why being so partial ?

This “ log Kya kahenge” becomes a major problem. But why do we worry that “log kya kahenge”. “ It is the work of people to say in other’s matter”. So best thing is to ignore them.

Now the solution is very simple; firstly you should stop judging people yourself. If you have any difficulty in coping, ask for advice from someone whom you trust and respect.

Teach yourself to accept that what they think isn’t your reality.
By confronting your fears, you help others confront theirs.
Be a little selfish. There’s nothing wrong with it.

Its your life; Don’t let anyone make you feel guilty for living it your way!

Its your life. Run, scream, laugh, cry with joy. Do whatever the hell you want. How does it matter whether you wear tight or baggy clothes, or too much makeup or all you want to do is travel the world alone when the people around you are gasping at the thought of you dropping out of med school?

My father says-”Never get swelled up when someone praises you, Never get depressed when someone blames you”

Thus a ideal person is the one who remains unaffected by both praise as well as criticism. You just need to keep one simple thing in mind- You have no control over any kind of external situation, person, etc. You can only and only control yourself. So, that which you cannot control should not bother you at all.

Do the right thing without expecting any praise or criticism. Even if you get any of these as a byproduct of your work, you should remain humble, completely unaffected by them. Remember both praise and criticism are momentary. If you are in peace with yourself, that’s it all and you win.

“कुछ तो लोग कहेंगे, लोगों का काम है कहना
छोड़ो बेकार की बातों में कहीं बीत ना जाए रैना”

Child In Conflict With Law

Every child has the inherent potential to grow up and achieve his or her full potential and contribute positively towards the growth of nation and society. The Constitution of India grants children the highest priority for their protection and well being. The Juvenile Justice (Care and Protection of Children) Act, 2015 adopted by Government of India takes a holistic approach towards protecting the rights of the children by providing for proper care, protection, development, treatment and social re-integration of children in difficult circumstances by adopting a child – friendly approach.
Children are born innocent; however, due to multiple factors, many children adopt behaviours which are defined as delinquent and sometimes being “in conflict with law”. These behaviours range from emotional outburst, petty thefts, substance abuse, violent or aggressive behaviour to more serious types of crimes. These behaviours are often learned early in life. However, parents, family members, and others who care for children can help them learn to deal with emotions without using violence. Studies show that children internalize norms of society through strong bonds with pa rents and others, which protect against delinquent impulses.

Child in Conflict with Law

“Child in Conflict with Law” has been defined under Section 2 (l3) of the Juvenile Justice (Care & Protection of Children) Act, 2015 as a child who is alleged or found to have committed an offence and has not completed eighteen years of age on the date of commission of such offence.

Juvenile delinquency, also known “juvenile offending”, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. A juvenile delinquent in the United States is a person who is typically below 18 years of age and commits an act that otherwise would have been charged as a crime if they were an adult. Juvenile crimes can range from status offenses (such as underage smoking/drinking), to property crimes and violent.

Offences Alleged to be committed by Children

The Juvenile Justice System assumes that a child offender is a product of unfavorable environment and is entitled to a fresh chance to begin his life. The offences may have been committed without any criminal intent on certain occasions. The child probably lacks foresight on the repercussions/consequences of his actions. It is accepted that a child offender should not be given punishment based on the kind of offence he /she has committed but should be given an individual treatment which is reformative in nature and which is based on his /her need, psychological and social background.
According to National Crime Record Bureau, a total of 31,396 cases of “children in conflict with law” (CCL) were reported in 2015 and the rate of crime committed by them was 2.1 per cent. However, a majority of these cases are petty crimes and are preventable by providing proper guidance and counselling to children and economic strengthening of their families. An analysis of children who were in conflict with law shows that majority of them belonged to economically weaker section (42.5 per cent). Around 11.5 per cent of them were illiterate while another 43.4 per cent were educated up to primary level only ( Crime in India 2015: Compendium ; NCRB).

Causes of juvenile delinquency

There are many factors contributing towards the criminal nature of the youth. Most of these youths come from families of discord or abuse. Peer pressure, neighbourhood also influence the development of a child. Poverty is also one of the main causes for a delinquent youth. Although education plays an important role in moulding the future citizens, the system somewhere lacks in the ability of holding the attention of nonbookish and non-academic individuals and thus contributes towards many cases of juvenile delinquency. Delinquents are typically those who take studies like a burden and on being rebuked turn towards crime. There are some measures which may help in reforming these children:

  1. Instil in them a sense of security and give them the love and affection that they may have been deprived of.
  2. Parents should be counselled to detect early signs of maladjustments, so that any tendency towards delinquency may be destroyed at the roots.
  3. A sense of moral and social values should be instilled in them at the very beginning.
  4. Bring about a change in the community that encourages such behaviour.
  5. Schools should adopt the option of skill management and vocational training, so that children who are not academic by nature have the option of developing a skill which will give them the opportunity to earn a livelihood even without formal education.
  6. Once a delinquent behaviour has been detected, one must remember to reject the behaviour and not the individual.

Types of Crimes Committed by children

Various types of offences committed by children in conflict with law have been defined under the JJ Act, 2015 as follows:

  1. Petty offences : Petty offences include the offences for which the maximum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment up to three years.
  2. Serious Offences : Serious offences include the offences for which the punishment under the Indian Penal Code or any other law for the time being in force is imprisonment between three to seven years.
  3. Heinous Offences : Heinous offences committed by children in conflict with law include the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more.
    Delinquency exhibits a variety of styles of conduct or forms of behavior. Each of the patterns has its own social context, the causes that are alleged to bring it about, and the forms of prevention or treatment most often suggested as appropriate for the pattern in question. Howard Becker has referred to four types of delinquencies:
    • individual delinquency
    • group-supported delinquency
    • organized delinquency
    • situational delinquency
    Individual delinquency
    This refers to delinquency in which only one individual is involved in committing a delinquent act and its cause is located within the individual delinquent. Most of the explanations of this delinquent behavior come from psychiatrists. Their argument is that delinquency is cause d by psychological problems that primarily stem from defective/faulty/pathological family interaction patterns.
  4. Group – supported delinquency
    In this type, delinquencies are committed in companionship with others and the cause is located not in the personality of the individual or in the delinquent’s family but in the culture of the individual’s home and neighbourhood. The studies of Thrasher and Shaw and McKay talk of this type of delinquency. Research findings suggest that most young children who became delinquent was because of their association and companionship with others who were already delinquent. Unlike the psychogenic explanations, this set of ideas focuses on what is learnt and who it is learnt from rather than on the problems that might produce motivation to commit delinquencies.
    Organized delinquency
    This type refers to delinquencies that are committed by formally organized groups. These delinquencies were analysed in the United States in the 1950s and the concept of “delinquent sub – culture” was developed. This concept refers to the set of values and norms that guide the behavior of group members to encourage the commission of delinquencies, award status on the basis of such acts and specify typical relationships to persons who fail outside the groupings governed by group norms.
    Situational delinquency
    The above – mentioned three types of delinquencies have one thing in common. In all of them, delinquency is viewed as having deep roots. In individual delinquency (according to the psychogenic explanation), the roots of delinquency lie primarily within the individual. In group – supported and organized delinquencies (the sociogenic explanation), the roots (of delinquency) lie in the structure of the society with emphasis either on the ecological areas where delinquency prevails or on the systematic way in which social structure places some individuals in a poor position to compete for success.
    Situational delinquency provides a different perspective. Here the assumption is that delinquency is not deeply rooted, and motives for delinquency and means for controlling it are often relatively simple. A young man indulges in a delinquent act without having a deep commitment to delinquency because of less developed impulse – control and/or because of weaker reinforcement of family restraints, and because he has relatively little to lose even if caught. David Matza is one scholar who refers to this type of delinquency. However, the concept of situational delinquency is undeveloped and is not given much relevance in the problem of delinquency causation. It is a supplement to rather than a replacement of other types.
    A study by Parackal and Panicker (2016) reveals that most adolescent criminal behaviour is specific to adolescence period and will not continue into adulthood. Much like a toddler outgrows temper tantrums, most adolescents will outgrow deviant behaviour. The National Crime Records Bureau (NCRB) is the only available national resource to understand the magnitude of Juvenile delinquency in India. In India, crimes are usually classified into crimes under India Penal Code (IPC) and crimes under Special and Local Laws (SLL). The number of cases registered under various sections of IPC crimes against juveniles (in conflict with law) in 2015 have decreased by 6.3 per cent during 2015 over 2014 as 33,526 cases under IPC crimes were registered against juveniles during 2014 which decreased to 31,396 such cases in 2015. Cases of juveniles in conflict with law registered under various SLL crimes have decreased by 59.6 per cent in 2015 as compared to 2014 as 5,039 cases of juveniles in conflict with law under SLL registered in 2014 which decreased to 2,037 cases in 2015. The National Crime Records Bureau statistics of 2015 depicts that 41,385 children were apprehended in 2015 as opposed to 48,230 children in 2014, i.e., 1.1 percent less than the share of children apprehended in 2014.
    Even though the fall in children in conflict with law is marginal, it is a positive sign. In comparison to the UK and the USA, the overall child crimes in India in 2014 is 2.1 per cent which is less and not increasing at rapid pace as compared to these developed nations. Given such low participation of children in offences, they should not be viewed as creating a moral panic in society as portrayed or reported in newspapers, videos, and television.                                                                 The NCRB shows that 27 per cent CCL were involved in property-related offences. Children involved in serious and heinous offences of murder and rape constituted only a miniscule with only 2.8 per cent and 5.9 per cent of the total IPC crimes committed by children and 2.1 per cent and 5.1 per cent of the total juvenile crimes in 2014 (NCRB, 2014). This data highlights that children’s involvement in serious and heinous crime is marginal and thus, it is very important to ensure that we reduce the risk factors and prevent our children from getting into crime.

What is to be done

Parents, teachers, schools, community and law enforcement agencies need to understand, prevent and reduce risk factors which may push children towards adopting behaviours that may harm them and the wider society and are defined as being in conflict with law. There is enough evidence to prove that with the right kind of prevention and rehabilitation most children adjust, reform, and return to the maturity of adulthood.


Thus, it becomes important to identify risk factors, i.e. factors whose presence and early exposure enhances the likelihood of engaging in delinquency and other behaviour problems. Protective factors are those which mitigate the influence of risk factors. In recent years, studies of juvenile delinquency and justice system have increasingly examined the impact of these strengths (protective factors) on youth’s ability to overcome challenges and thrive. Generally, protective factors – such as positive school attendance, positive social orientation or the ability to discuss problems with parents – are a buffer to minimize or moderate the effect of risk factors and their ability to bring about delinquent behaviour.
Children form an important and integral part of every -society in the world. In their tiny shoulders rests the future of mankind. It is, therefore, the duty of every society to provide proper care and attention to every child. Also their very dependent nature makes them entitled to special care and attention in the family and society at large. The fact that they are innocent and immature makes them vulnerable to all forms of exploitation. Therefore, a better state and peaceful society can be created only if the childhood of every child is properly nurtured, nourished and protected. A nation’s future is dependent on the children because they are the pillars which forms the basis of the future generation. who is a child in need of care and protection? It is said that the identification of child in need of care and protection is the basic work in solving their problems. It is, therefore, important to discuss the meaning of ‘child in need of care and protection’ and also to analyse the various provisions incorporated under the Juvenile Justice (Care and Protection of Children Act), 2000 regarding the care and protection of child in need of care and protection.

Public Interest Litigation (PIL)

 

Introduction:

“Public interest Litigation”, in simple words, means, litigation filed in a court of law, for the protection of “Public Interest”, such as pollution, Terrorism, Road safety, constructional hazards etc.

Article 32 of the Indian Constitution contains the tool which directly joins the public with the judiciary. Public Interest Litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large.

Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.

In the case of People‟s Union for Democratic Rights v. Union of India, it was held that “Public Interest Litigation which is a strategic arm of the legal aid movement and which is intended to bring justice within the reach of the poor masses, who constitute the low visibility area of humanity, is a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two parties, one making a claim or seeing relief against the other and that other opposing such claim or relief. Public interest litigation is brought before the court not for the purpose of enforcing the right of one individual against another as happens in the case of ordinary litigation, but it is intended to promote and vindicate public interest which demands that violations of constitutional or legal rights of large numbers of people who are poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and un-redressed. That would be destructive of the Rule of Law which forms one of the essential elements of public interest in any democratic form of government. The Rule of Law does not mean that the protection of the law must be available only to a fortunate few or that the law should be allowed to be prostituted by the vested interests for protecting and upholding the status quo under the guise of enforcement of their civil and political rights. The poor too have civil and political rights and the Rule of Law is meant for them also, though today it exists only on paper and not in reality.”

Development of Public Interest Litigation:

A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of S.P. Gupta v. Union of India. In this case it was held that “any member of the public or social action group acting bonafide” can invoke the Writ Jurisdiction of the High Courts or the Supreme Court seeking redressal against violation of a legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court. By this judgment PIL became a potent weapon for the enforcement of “public duties” where executed in action or misdeed resulted in public injury. And as a result any citizen of India or any consumer groups or social action groups can now approach the apex court of the country seeking legal remedies in all cases where the interests of general public or a section of public are at stake.

It can be evidently seen that the development of public interest litigation has been extremely significant development in the history of the Indian jurisprudence. The decisions of the Supreme Court in the 1970’s loosened the strict locus standi requirements to permit filing of petitions on behalf of marginalized and deprived sections of the society by public spirited individuals, institutions and/or bodies. The higher Courts exercised wide powers given to them under Articles 32 and 226 of the Constitution. The sort of remedies sought from the courts in the public interest litigation goes beyond award of remedies to the affected individuals and groups. In suitable cases, the courts have also given guidelines and directions. The courts have monitored implementation of legislation and even formulated guidelines in absence of legislation.

Merits of Public Interest Litigation:

1. In Public Interest Litigation (PIL) vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this.

2. Further, through the so-called PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment.

Demerits of Public Interest Litigation:

1. The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive role in the arena of litigation. Of late, many of the PIL activists in the country have found the PIL as a handy tool of harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation and deals could then be negotiated with the victims of stay orders obtained in the so-called PILs.

2. The framers of Indian constitution did not incorporate a strict doctrine of separation of powers but envisaged a system of checks and balances. Policy making and implementation of policy are conventionally regarding as the exclusive domain of the executive and the legislature. Vishaka v State of Rajasthan which was a PIL concerning sexual harassment of women at work place. The court declared that till the legislature enacted a law consistent with the convention on the Elimination of All Forms of Discrimination Against Women which India was a signatory, the guidelines set out by the court would be enforceable.

3. The flexibility of procedure that is a character of PIL has given rise to another set of problems. It gives an opportunity to opposite parties to ascertain the precise allegation and respond specific issues.

4. The credibility of PIL process is now adversely affected by the criticism that the judiciary is overstepping the boundaries pf its jurisdiction and that it is unable to supervise the effective implementation of its orders. It has also been increasingly felt that PIL is being misused by the people agitating for private grievance in the grab of public interest and seeking publicity rather than espousing public cause.

Landmark Judgements:

1.Peoples Union for Democratic Rights v. Union of India (A.I.R. 1982, S C 1473)-The court now permits Public Interest Litigation or Social Interest Litigation at the instance of “Public spirited citizens” for the enforcement of constitutional & legal rights of any person or group of persons who because of their socially or economically disadvantaged position are unable to approach court for relief. Public interest litigation is a part of the process of participate justice and standing in civil litigation of that pattern must have liberal reception at the judicial door steps.

2. In the Judges Transfer Case – AIR 1982, SC 149: Court held Public Interest Litigation can be filed by any member of public having sufficient interest for public injury arising from violation of legal rights so as to get judicial redress. This is absolutely necessary for maintaining Rule of law and accelerating the balance between law and justice. It is a settled law that when a person approaches the court of equity in exercise of extraordinary jurisdiction, he should approach the court not only with clean hands but with clean mind, heart and with clean objectives.

3. Shiram Food & Fertilizer case AIR (1986) 2 SCC 176 SC: Public Interest Litigation directed the Co. Manufacturing hazardous & lethal chemical and gases posing danger to life and health of workmen & to take all necessary safety measures before re-opening the plant.

4. In the case of M.C Mehta V. Union of India (1988) 1 SCC 471 – In Public Interest Litigation brought against Ganga water pollution so as to prevent any further pollution of Ganga water. Supreme court held that petitioner although not a riparian owner is entitled to move the court for the enforcement of statutory provisions, as he is the person interested in protecting the lives of the people who make use of Ganga water.