Author: Gautam Khoiwal

Law Student

Teenagers Suicide in India


Puberty is the period of rapid physical, mental, and social changes that occurs in teenagers between the ages of 11 and 13. For teenagers, these years of considerable transition can be rather perplexing, resulting in restlessness and moodiness. Deep emotional changes and physical development can be a source of emotional distress for many children, making them prone to temptations and poor judgments. While this is a difficult time for the child, it also marks the beginning of an usual chasm between the youngster and his or her parents, leaving no place for the child to overcome or talk about the stresses they are under or the feelings they are experiencing.
Teenagers may believe that no one, particularly their parents, understands their feelings. As a result, they are enraged, alone, and perplexed as they deal with complex concerns such as identity, peers, sexual behaviour, career, studies, drinking, and drug usage. Families are usually successful in assisting their children in achieving their developmental goals during the teen years. However, there are a few warning signs that things aren’t going well that should be addressed and identified early so that outside assistance can be sought.
At this age, adolescents and young adults begin to think and feel differently. They are perplexed by their situation, which places them in a strange middle ground between being children and fully grown adults. They are feeling lonely and uneasy. Unfortunately, some people may assume that suicide is a permanent solution to problems that may be discussed and treated with the correct advice. Adolescents might pay a significant price for self-doubt, disorientation, and demands to succeed or conform.
They are linked to feelings of befuddlement, grief, rage, concentration and hyperactivity issues, stress, self-doubt, pressure to succeed, financial insecurity, disappointment, and loss.
There are a number of warning signs or symptoms that reflect the seriousness of the situation:


Helplessness is expressed in a variety of ways.
• Loss of faith and hopelessness
• Shame or remorse that is unbearably strong.
• Significant shift in one’s personality or physical appearance
• Behaviour that is unreasonable or strange.
• Eating habits had shifted
• Sleeping patterns that are irregular.
• A drop in grades or productivity at work.
• Loss of interest in formerly significant matters
• Suicide is discussed through writing, speech, and humour.
• Drinking and drug abuse are on the rise.
• Separating oneself from friends, family, and society.


There are numerous causes that can devote or build-up to the final result of suicide:

• Impulses that are out of control.
• There has been a history of suicide attempts in the family.
• There was already a suicide plan in place.
• Harsh or obnoxious behaviour
• Domestic violence is an example of exposure to violence.
• Access to firearms, such as a firearm at home
• Bullying.
• Acute rejection or loss.
• There have been changes in their families.
• Workplace anxiety
• Abuse, whether physical or sexual


Mental health disorders that can lead to suicides are:

• Depression.
• Bipolar Disorder.
• Post Traumatic Stress Disorder.
• Schizophrenia.
• Borderline personality disorder.
• Substance abuse.
• Mental illness and the LGBTQ community


Conclusion
While we are occupied with our work, a suicide is taking place. These individuals require assistance, love, inspiration, and understanding. WE have the capacity to stop the threat and create an environment where people who are at risk of suicide can speak honestly, express their thoughts, and discuss their issues. They just need someone to reassure them that everything will be fine. Simply do your bit, listen to them, and assist them in avoiding terrible measures such as suicide. Life is a gift, and we may enjoy it to the fullest while also helping to save the lives of those who do not have the same opportunity. Problems aren’t the end of the world; they can be solved and dealt with, and ending your life isn’t the answer. It is not a viable solution to burn our life book. Ask for support and speak up about your concerns because we weren’t born to be quitters. If you live a life that uplifts you, you will one day look back and be proud of how far you have gone.

Virtual Learning: Can it replace Teachers?



Students and teachers can communicate with each other through virtual or online learning using numerous channels such as email, online chat, and video conferencing. There is just one way for students to communicate with one another in a classroom. Many pupils have a visual memory and appear to study more eagerly, as well as being engaged in online learning. Due to the closure of schools and institutions, virtual learning has become popular. To some extent, it is advantageous because it eliminates the need to wake up early, there is no worry of being reprimanded, and one may study in a relaxed environment.
However, the greatest way to create a teacher-student bond is in the classroom. An online engagement cannot replicate the conversation and questions that a student asks the lecturer in class. In an emergency, virtual learning can be a suitable substitute for classroom learning, but it cannot replace the classroom. Classroom learning is still the preferred method of imparting education and knowledge because it allows for the teaching of discipline.
Virtual classrooms and reality
Because it is not completely’ real,’ the virtual classroom cannot replace the traditional classroom. Teaching on the Internet is like teaching in a virtual world, but it isn’t the same as teaching in the actual world. Is this to say that any education provided or obtained on the Internet isn’t genuine? There is no way. The professors are trustworthy. These are genuine students. The substance is authentic. Virtual teaching, on the other hand, cannot replace classroom teaching because the atmosphere isn’t real.


Interaction between the teacher and the students
Teachers are not taught to just provide their students data and figures and then leave for the day. A teacher’s abilities extend beyond the topic to include the capacity to lead students, filter through material when it isn’t well received by a class, change up material as needed, and even handle random queries that may necessitate more exploration of a thought. Teachers are expected to lead in a real-life classroom setting, where face-to-face interactions with students set the tone for the day’s instructional planning and execution.
Interaction between students and teachers
The course instructor or moderator in a virtual classroom is someone who merely watches the activities of an online classroom to verify that students log in and finish assignments on time. Assignments are assessed, and feedback is provided by e-mails, texts, and video chats on occasion. There are no one-on-one sessions with the teacher, no subject discussions, and no contacts with the teacher.


Interaction between students
Students can influence the course of a day’s lesson, as any instructor who has taught in a real-life classroom situation understands. A student may ask a question about the subject matter that necessitates pausing for a time to investigate a completely different topic. Students can benefit from one other in the same way. For example, suppose the teacher poses a question, and a student’s response prompts another student to respond with an additional answer or question. The teacher has soon steered the students’ ideas and questions into a deeper study of the subject matter, assisting them in gaining more insight; however, this is unlikely to happen in the virtual classroom.

Classrooms are created by their surroundings.
The only way for teachers to acquire the entire training and teaching they need to be the greatest at what they do is in a genuine classroom setting with students and teachers engaging with one another. Whether a virtual or classroom teacher is desired, the foundation for this vocation will always be laid in a genuine classroom setting. Leading, guiding, instructing, connecting, and growing as a teacher are all skills that must be learned. Because the classroom is created by the environment, virtual teaching will never completely replace traditional classroom instruction.

Euthanasia: Should it be legalized?


Life is the most valuable and opulent gift that God has ever bestowed onto the inhabitants of our world. And we have qualities that no other creature or species possesses. Some people, on the other hand, are not so fortunate to exist and endure because of serious and fatal diseases, unbearable torment, endless miseries and pain that they cannot tolerate, and so they choose to terminate their lives. Euthanasia is the outcome of this wish.
Euthanasia is the practise of ending one’s life and choosing death in order to alleviate oneself of pain and suffering. Voluntary euthanasia is lawful in some countries, such as the United States and several Canadian provinces, but non-voluntary euthanasia is always deemed murder and is thus prohibited elsewhere. The question is whether or not it is justified and feasible to consider Euthanasia to be legal or unlawful.
Depending on the situation and surrounding conditions, this could have both advantages.

It is legal and so permissible as follows:

1. Death with dignity: Those who are in excruciating pain look forward to death because they prefer to die with dignity rather than in agony. Nobody knows how much suffering they are in, thus it is understandable if they seek death to be free of it.
2. Government regulation: It is possible that if Euthanasia becomes legal, it could be exploited in harmful and disruptive ways by many people, but I believe that if stringent regulations governing its application are enacted, it will be managed and administered securely for those who need it.
3. Patient’s choice: It may also be considered a patient’s will if he or she begs to die, believing that there is nothing more to live for but to die and be at peace for the rest of one’s life.


The words and classifications associated with euthanasia

A. Physician Assisted Suicide (PAS) is a type of assisted suicide in which a doctor deliberately provides medical help to a patient who is suffering from unbearable pain and suffering. The doctor conducts a thorough examination of the patient’s medical state and selects the most painless and effective manner of death.
B. Voluntary Euthanasia occurs when a person decides to end their life with the assistance of another person. It necessitates complete understanding of the topic and procedure.
C. Non-Voluntary Euthanasia is when someone else, such as a family member or a partner, makes the decision to end a person’s life. When a person is in a persistent condition of unconsciousness and is unable to be treated, this occurs.
D. The term “active euthanasia” refers to a situation in which a doctor can immediately end a person’s life. This procedure is also known as ‘Positive Euthanasia’ or ‘Aggressive Euthanasia.’ The doctor may intervene directly and suggest a painless manner of ending a person’s life.
E. Passive Euthanasia, also known as “Negative Euthanasia” or “Non-Aggressive Euthanasia,” is the deliberate killing of a person by withholding necessary and vital care, food, or drink. It’s a deliberate stoppage that also entails the removal of artificial life support systems. It is a more pleasant procedure than the active method and is called a slow killer.d a person’s life. This procedure is also known as ‘Positive Euthanasia’ or ‘Aggressive Euthanasia.’


Conclusion
Today, there is a debate going on all over the world over its legal status, as well as ethical and moral difficulties. Those in favour of Euthanasia show some zeal in defending their ideas after seeing that the law isn’t ill-equipped to re-evaluate earlier unbending attitudes regarding the sanctity of life . Euthanasia opponents argue that there are good, ethical, and moral commitments that cannot be ignored. They argue that no one, including the individual, has the authority to end a person’s life.
Euthanasia may be beneficial for someone who is in excruciating pain, but it may also be dangerous if used improperly, thus it is critical that it be carried out under strict supervision and in accordance with the rules. In any case, the ramifications of the euthanasia connotation should be re-examined at regular periods, based on societal growth in terms of providing medical treatment to the handicapped and those who cannot be treated and will inevitably die.

E – Waste : the Digital Dark Side


We live in a technology-driven world, and technology is rapidly evolving. Mobile phones have been replaced by smart phones, televisions have been replaced by LEDs and LCDs, and desktop computers have been replaced by laptops and tablets. When a new model of a product is introduced to the market, the previous one quickly becomes obsolete, and outmoded items are often discarded as waste. These unwanted, broken, or obsolete electrical goods have reached the end of their useful life. Those who have reached the end of this are known as e-waste, in which some electronic products are included for quitting, such as computers, mobile phones, TVs, washing machines, refrigerators, and so on.


Millions of tonnes of e-waste are produced annually in rich countries; worse, e-waste from illegal countries such as Japan, Malaysia, Ghana, Nigeria, Pakistan, and India, as well as developed countries such as the United States and Japan, should be dumped in developing countries. It used to be like way. In developed countries, the expense of treating e-waste is significant. This is due to the relatively low cost of shipbuilding, which encourages garbage shipment to underdeveloped countries..
Local residents, industry owners, and labourers are allowed to collect valuable goods from this garbage according to their needs in underdeveloped countries, where waste is put into the underground, consuming and ill-equipped recycling facilities. The majority of them amass important information in order to leave the others behind. Acid baths and electrical burns are employed to recover valuable components. These tactics, in turn, cause major health issues and may harm individuals who participate in them.
Hazardous metals such as lead, mercury, arsenic, copper, cadmium, nickel, zinc, gold, silver, and beryllium are likely utilised in monitors such as circuit boards, electric parts, mono boards, and cables.

These metals are known to emit toxic poisons into the environment through soil, causing health problems in both animals and humans. Chemicals can likely be generated on land, resulting in pollution of both land and water. Important components of e-waste, polychlorinated biphenyl and polybrominated defanel ether have a hazardous side effect.
They are the primary contributors to ozone depletion. Food chains and food traps also store these chemicals, posing a major hazard to all animals on the earth.

In fact, the growing environmental footprint of e-waste is a source of concern. Consumers and producers are jointly responsible for managing the growing amount of e-waste. The majority of electronic materials include reusable components. Metals such as copper, aluminium, lead, and iron are found in this reusable component. To properly remove this substance from trash materials, an unique eco-friendly process should be created.
Recycling models must be promoted by both manufacturers and approved recyclers. Producers can join the recycling chain by offering a collection service and, in comparison to the unorganised sector, can increase their buyback offer. Consumers have a natural tendency to derive economic value from rubbish, and this is where financial incentives to participate in the formal recycling system can be provided. They should be urged to get rid of all of their electronics and electronic items. Many corporations, including as Dell, Apple, and HP, have launched recycling programmes. When it comes to trash management, the 3R concept, which entails reuse and recycling, can be quite useful.


In the Indian context, E-Parisissa is a fantastic effort for e-waste management. Bangalore generates 8000 tonnes of computer garbage each year, which is subsequently sold to scrap merchants. E-Parisia, an environmentally friendly recycling facility on the city’s outskirts, is India’s first e-waste recycling facility. Its goal is to reduce pollution and landfill waste by recycling valuable metals, plastic, and glass in an environmentally acceptable way.

Is capital punishment is justified?


The death penalty is a sentence to death for murder and other serious offences (serious crimes, especially murder, which are punishable by death). For murder and other deadly offences, any state legislature may impose the death sentence, also known as capital punishment. Murder, rape, false prophecy, blasphemy, armed robbery, repeated drug use, apostasy, adultery, witchcraft, and sorcery are among the crimes that can result in the death penalty, which can be carried out by beheading with a sword, firing squad, or stoning.
Almost all countries have utilised the death penalty since the beginning of the twentieth century, however it is no longer applied in some. The benefits and drawbacks of the death penalty lead to the question of whether it is necessary or not. It’s quite difficult to defend. By 2006, 86 countries had abolished the death sentence, and another 25 had not employed it in more than ten years. The United States, China, Pakistan, Rwanda, and Sudan were among the ten countries that voted against the resolution. Most countries in Asia, Africa, and the United States had kept the law. Except for the United States of America and Japan, most democratic countries are poor and undemocratic.
Finally, the death penalty treats the rest of society with dignity. The death sentence permanently imprisons criminals, the majority of whom are hardened and repeat offenders, and so safeguards society from these unwanted individuals. Finally, allowing individuals to roam the streets without fear for their lives and safety is one of the most effective methods to respect their safety and liberty. Aside from the obvious incapacity of those who have been sentenced to death, the death penalty has a significant deterrent effect. The death penalty contributes to the safety of the streets and innocent people.

Retribution

“Bad individuals ought to be rebuked.” This can be a crude statement, however it expresses the guts of a wide control belief: persons WHO do responsible wrongs should have their lives worsened as a results of their actions. What causes you to suppose they {are} deserving? Maybe as a result of it is not truthful for wrongdoers’ lives to be smart whereas the lives of the innocent are unhealthy – penalization evens the taking part in field. Regardless of the case could also be, “Retributivists” — people who believe retribution – claim that criminal penalization is in and of itself valuable; that’s, it’s helpful in and of itself, instead of being valuable due to its positive outcomes (for example, preventing future crime).

Deterrence

“Criminals should be punished in order for them and others to be less likely to perpetrate crime in the future, so making everyone safer.” Many people argue that retributivism is nothing more than a fruitless desire for barbarous vengeance.

To be morally permissible, inflicting suffering on human beings must have a forward-looking goal: saving the innocent from harm. If this makes sense to you, you presumably feel that the goal of punishment is deterrent rather than retribution.


Reform

“Punishment sends a message to offenders that what they did was wrong, and it allows them to apologise and reform.” There are other variations of this viewpoint: instructional, communicative, and rehabilitative – each with significant differences. However, the essential concept is that punishment should make the perpetrator realise what he or she has done wrong and encourage repentance and transformation.

India still has the provision of death penalty in its statutes. But, it also restricts it with the proviso that it should be imposed in only the rarest of the rare cases after proper investigation of the criminal’s offence, and many layers of judicial appeals culminating with mercy petition to the President.

Judicial Activism in India


Judicial activism must re-emerge as guardians, finally rescuing the populace and reminding/pressuring the authorities to carry out their duties. There is no disputing that we are living in unprecedented times, but it is equally true that extraordinary circumstances necessitate extraordinary answers, or at the very least a genuine attempt to deliver extraordinary remedies. The inhabitants are not upset because the standards are not being met due to a lack of resources; rather, the actual issue is a lack of complete will. The second wave appears to have been abandoned by all authorities, or at least policymakers. They have accepted defeat in front of the court.
Separation of powers, judicial review, judicial activism, and the role of the judiciary across time are discussed in the sections that follow.

Many people and in various locations have defined the term “separation of powers,” including multiple judicial rulings. However, the meaning of power separation can be divided into three categories:

A person who is a part of one organ should not be a part of another.

1.The functioning of one organ should not be hampered by the functioning of the others.

2. It is not appropriate for one organ to perform the functions of another.
3. It was admittedly done since none of the organs could possibly conduct all of the functions in a systematic and suitable manner.

As a result, the powers are divided among the legislative, executive, and judiciary in order for them to work properly. Let us now look into the specifics of each organ’s operation.

The legislature’s primary role is to enact legislation. Enacting a law conveys the state’s will and also serves as a waiver of the state’s autonomy. It is the foundation upon which the executive and judicial branches of government operate. Executives are in charge of carrying out, carrying out, or enforcing the state’s will as expressed by the constituent assembly and the legislature.

1) Legislative Action Reviews,

2) Judicial Decision Reviews, and

3) Administrative Action Reviews

are the three types of judicial review. As a result, judges have a responsibility to maintain the balance of power, protect human rights, fundamental rights, and people’ rights to life and liberty.

The Evolution of Judicial Activism
For the first decade after independence, judicial activism was essentially non-existent; the government’s executive and legislative institutions actively dominated and intervened in the judiciary’s operations. The Supreme Court began to consider the judicial and structural aspects of the constitution in the 1970s.

The Golaknath case, the nationalisation of banks case, the elimination of privy purses case, and the Minerva mills case are all examples of judicial review.
When it comes to judicial activism, one of the most common criticisms we hear is that it is done in the guise of interpreting constitutional provisions. The claims are that the judiciary frequently rewrites them without saying so. Some of the judges’ personal beliefs become legal principles and constitutional values as a result of this process.

Another critique is that, in the name of judicial activism, the principle of separation of powers is thrown out the window, and the judiciary is undermining the legislative and executive branches of government by intruding into their domains.

Conclusion
In summary, I believe that judicial activism has both positive and harmful aspects. If the court meddles too much in the operations of other government institutions and attempts to overstep its constitutional authority, the concept of judicial activism loses its significance and meaning. Power separation theory is being undermined in the name of activism, and the judiciary frequently rewrites personal opinions in the name of activism.

Shabnam Ali :The first Woman to be Hanged in Independent India.


Shabman of Uttar Pradesh will be the first woman to be hung for her crimes in independent India. The woman was sentenced to death for her actions, but her appeal is still pending. Since India’s independence, the female hanging house Mathura Jail, which was established more than a century ago, has not been used. Shabman, on the other hand, is most likely to be the first woman to be hanged here.The hanging date has not yet been set, but the Jail Superintendent stated that the necessary procedures have been made and that the rope to hang the inmate has been ordered.


Who is Shabnam Ali ?

Shabnam Ali is a Saifi Muslim from Bawankheri, a village on the borders of Amroha. She has a double MA in English and Geography and worked as a teacher in the village school before being convicted in 2008 with the murders of seven members of her family.


Shabnam and her lover Saleem were found guilty in 2008 of murdering seven members of her family: father Shaukat Ali (55), mother Hashmi (50), elder brother Anees (35), Anees’ wife Anjum (25), younger brother Rashid (22), cousin Rabia (14), and Arsh, Anees’ 10-month-old kid.
Shabnam sedated six of her family members on the intervening night of April 14-15, according to the prosecution case –– everyone but Arsh, the infant. Shabnam grabbed them by their hair as Saleem hacked off their heads with an axe. Her ten-month-old nephew was throttled. Shabnam would have been the lone heir to the estate if her family had all died.
Shabnam and Saleem were both in their 20s when they were apprehended five days after the incident, and Shabnam was seven weeks pregnant. She gave birth to her son in December of that year.
They were sentenced to death by an Amroha sessions court in 2010, which was affirmed by the Allahabad High Court in 2013 and the Supreme Court in May 2015. The death warrants were stayed by the Apex Court within ten days.

Shabnam’s claims throughout the trial

The pair began to turn against one another during the trial. Shabnam claimed she had reported her family’s murder to the authorities. Unknown intruders had allegedly barged into her home and murdered her family, according to her original account.

Shabnam said in a 2015 statement that Saleem had invaded her home with a knife and killed all of her family members while she was sleeping. Saleem, on the other side, admitted to just entering the house at Shabnam’s request, and that after he arrived, she confessed to murdering her family.
Shabnam’s compassion request was turned down by Ram Naik, the governor of Uttar Pradesh at the time. Her mercy petition was likewise denied by then-President Pranab Mukherjee in August 2016.

The death sentence was affirmed by a Supreme Court bench led by Chief Justice of India SA Bobde in January 2020.Her legal options have not yet been explored.


Shabnam will be hung in the jail in Mathura.

Despite the fact that Shabnam has not yet been served with a death warrant, media reports claim that preparations are being made at the Mathura jail to put her to death. The construction of the gallows is being fixed, and two hanging ropes have been ordered from Bihar’s Buxar central jail, as the women’s hanging house has not been utilised since India’s independence.
Shabnam is currently imprisoned in Rampur.

Other Indian women on death row

According to a 2016 research on the death penalty in India published by National Law University, there are 12 women on death row in India. The President has previously rejected the mercy appeals of step-sisters Renuka Shinde and Seema Mohan Gavit. Between 1990 and 1996, the sisters were accused of kidnapping and killing multiple children in Maharashtra.

Ramshri, another inmate, was condemned to death in 1998, but after giving birth to a child while in prison, her death sentence was commuted to life imprisonment.

What is RTI?


The right to information is abbreviated as RTI. The 2005 Right to Information Act requires the government to respond to citizen requests for information in a timely manner. Every citizen has the right to request any information from the government, to see any government papers, and to obtain certified photocopies of those records. Citizens have the right to inspect any government work or collect a sample of any substance utilised in that work.
Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression. Even though RTI is a fundamental right, still we need RTI Act to give us this right.

RTI Act’s Purpose
The Right to Information Act’s primary goal is to empower citizens, promote openness and accountability in government operations, combat corruption, and make our democracy truly function for the people. A well-informed public will be better able to maintain required vigilance over government instruments and hold it more accountable to the people it governs.
RTI Act Schema
The Parliament acknowledged that a democracy’s healthy and efficient functioning requires an informed citizenry and information transparency, and that such transparency is essential for combating corruption and holding government and its agents accountable to the country’s citizens. The Parliament was also aware that the release of information at random and without oversight could jeopardise other public interests, such as effective governance, efficient use of limited budgetary resources, and the protection of sensitive information’s confidentially.
What may RTI be used for?
Any citizen may request information from a “public authority” (a government entity or “state instrumentality”), which is required to respond promptly or within thirty days under the Act’s provisions. Every public entity is also required by the Act to computerise their records for wide dissemination and to proactively reveal specific types of information so that citizens only need to make formal requests for information. Parliament passed this law on June 15, 2005, and it went into effect on October 12, 2005. Inspection of works, documents, and records are all covered by the right to information. Take down notes, extracts, or certified copies of any documents or records you come across. Take samples of material that have been certified. Printouts, diskettes, floppies, tapes, video, cassettes, or any other electronic method or printouts can all be used to obtain information. Records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form, and information relating to any private body that can be accessed by a public authority under any other law currently in force are all examples of information.

Right to Information Act’s Importance
1. This law gives citizens the right to request information from the federal, state, and local governments, as well as non-governmental groups that receive government funding.
2. The law equips Indian citizens with the necessary instruments to combat corruption.
3. RTI empowers citizens to hold government and government-funded institutions accountable.
4. Citizens have the right to request information under the Right to Information Act and determine whether their constitutional rights have been violated based on the information received.
5. Individuals are given information in order to advocate for themselves under this law.

Situation of Transgender in India


“The Indian Supreme Court’s determination that transgender people constitute a Third Gender under the constitution, as well as recent laws, has considerably increased transgender people’s recognition and rights.”


Who is a transgender person?

Simply put, transgender people are individuals whose gender does not correspond to the gender assigned at birth. It encompasses transmen and transwomen, as well as those who identify as eunuchs because of their social culture.


In the Ancient Period, there were transgender people.Since the dawn of civilization, the eunuch has been a part of this subcontinent. Between 400 BCE and 400 CE, a treatise on human sexual behaviour was written. Hijras play a significant role in Hinduism, particularly during the Mahabharata and Ramayana periods.

By merging his bride into himself, Lord Shiva became half-woman, which is known as ardhanareshwar. In the eunuchs’ community, this storey is extremely important. Arjun took on the forms of eunuch as Viharnala and Shiikhandi during the Mahabharata and Ramayana periods, and they played major roles in the Mahabharata and Ramayana. When Lord Shri Ram returned from Vanvas, he bestowed a blessing to the Hijras. They are also said to be lucky for blessings.


In India, what is the status of transgender people?

Although transgender people have many rights, they are having trouble extending those basic civil rights. They are also human beings with the right to exist in a society rather than be ridiculed by their family and society. Their parents would disgrace them, and society would mock them. Our society restricts them to study, schools, health services, and access to parks and gardens, and retailers engage in unfair commercial practises with them, depriving them of respect and employment opportunities.
If a eunuch is born in a person’s home, they must immediately hand over to the eunuchs’ community. If a family retains their eunuch child in the house and attempts to educate them, the entire society begins to boycott their family, and people do not keep their eunuch in their family and shame them for the same reason.

One of those stories about movement among the people is that they are considered highly auspicious for a blessing since it is stated that when Shri Ram came from Vanvas, he granted a boon to the hijras, and it also appears that evil eyes of the eunuch are also considered very unfortunate.
Instructions to both the federal and state governments.


The court has issued the following directives to the federal and state governments:

1. In order to protect their fundamental rights, hijras and eunuchs should be recognised as third gender.
2. Recognizes the need for a person to recognise his or her own gender.
3. As a socially and educationally inferior class of citizens, reservations are made in public education and employment.
4. Making particular measures for transgender people in terms of HIV sero-surveillance and providing suitable health services.
5. Face their fears, gender dysporia, humiliation, sadness, suicidal impulses, and other issues.
6. Measures should be taken to give transgender persons with health treatment in hospitals, such as creating separate wards and providing them with separate public restrooms.
7. To increase public awareness so that transgender people feel that they are a part of society and are not considered as outcasts, implement social welfare programmes for their overall development.


Conclusion
These new regulations will not eliminate the discrimination that many transgender individuals (also known as hijra in India) face: many are shut out of mainstream jobs and society – to the point that certain hospitals have refused to treat them – and are frequently harassed by police. It is, nonetheless, a significant step forward, as legal recognition can help to foster better social acceptance and communal integration. The Supreme Court is also considering quotas to improve transgender people’s representation in work and education. As a result, we must adjust our attitude toward this community and show them respect and space.

India’s Anti-Hacking Laws




Many Indian official websites have been hacked, including state government and defence websites. Defense officials were unable to view their compensation information when the website of the Principal Comptroller of Defense Accounts was hacked. The government has agreed to DEITY’s recommendation to cease using popular email ids for official purposes, and has sanctioned a budget of Rs. 100 cores to protect the data, in order to reduce hacking of precise work. State government websites have previously been compromised.
Images of Hacker vs. Cracker

Following the revision of the IT Act in 2008, a very thin line of demarcation has been formed between the two words: hacking and cracking. Hackers are persons who are highly talented at computer programming and utilise their expertise to help the government and numerous other companies protect their sensitive information and trade secrets. They look for flaws in the software and try to figure out why they exist.


The Cracker’s Liability


Liability in civil cases
The IT Act’s Section 43A addresses the legal culpability of cyber criminals. The section deals with the compensation that should be paid in the event that the date is not protected. His was included as part of the Act’s modification in 2008. Section 43A, which requires corporations to establish reasonable security policies, emphasises corporate responsibility for data protection.
Liability for the consequences
When the cracker’s intent or liability to destroy the system or steal crucial information is demonstrated, criminal liability for cracking arises. If the cracker simply trespasses the system without intending to do harm, section 43A only applies to civil culpability. Criminal trespass can lead to further criminal behaviours that are punishable under the Indian Penal Code, such as computer theft, which is penalised under section 378.

India’s cybercrime laws
Data theft and hacking are covered by sections 43 and 66 of the IT Act, respectively, as civil and criminal offences.

A simple civil crime under section 43 occurs when a person gains access to a computer without the owner’s authorization and removes or damages the data stored on it. The cracker will have to compensate the persons who have been harmed. The maximum compensation cap under the ITA 2000 was Rs. One crore in fines. This ceiling, however, was eliminated in an amendment issued in 2008. Section 43A was inserted in the 2008 amendment to encompass the corporate shed, when employees took information from the secret files of the company.

Receiving a stolen computer resource or information is punishable under Section 66B. A year in prison or a fine of one lakh rupees, or both, are possible punishments. Under section 66A, mens rea is an important component. The existence of criminal purpose and the wicked mind, i.e. the concept of mens rea, destruction, deletion, alteration, or diminishment in the value or utility of data, are all major factors to bring any act under this Section. 2

How to File a Hacking Complaint

Any cyber cell in the world can receive a complaint regarding cybercrime. In India, there are several cyber crime units where a complaint can be filed.

To begin, write an application to the director of the cyber cell department, including your name, address, e-mail address, and phone number.
Second, accompany the cell with the following documents:

1. Log files that are automatically sent to the server when files are opened are known as server logs. It keeps track of daily activities.
2. All material that has been tampered with by the hacker must be submitted to the cyber unit as proof, in both hardcopy and soft copy format.
3. A tangible copy of both the original and defaced web pages should be submitted so that the work may easily identify the defaced or manipulated material.
4. Details of the control mechanism, including who had access to the password and the computer, as well as the complainant’s contact information.
5. If any person is suspected, a list of suspects should be provided for future reference, since this will aid the cyber cell in their investigation.

Conclusion
Hacking is an undeniable danger to the virtual world. This theft is largely unknown throughout the country. Hacking and cracking must be made more widely known throughout the country. The government’s rules are strict, yet they lack the power to be enforced and public knowledge. The majority of minor hacking cases go undiscovered because people are hesitant to file criminal charges for minor offences, even if the penalties are severe. Additionally, due to a lack of equipment, it is extremely difficult to track a virtual hacker. Because hacking can occur anywhere on the planet, it is difficult for authorities to track him down and prosecute him in another country.

“Indira Banerjee The only Women judge in Supreme Court at Present. “


India is a massive democratic and independent country .All men and women are equal in this era no discrimination of gender in any matter like employment business government jobs. Many women work in different different sector. Women and men are valued equally in societies that are safer and healthier. Equality between men and women is a fundamental human right. Gender equality benefits everyone.
Indira Banerjee is the best example for Women empowerment. Indira Banerjee is the only women judge in Supreme Court at present and she become the only 8th women Judge of the supreme Court.
List of 8 Female Judge in Supreme Court:-
1. Fathima Beevi (6 oct 1989 – 29 Apr 1992)
2. Sujata Manohar(8 Nov 1994 – 27 Aug 1999)
3. Ruma Pal (28 Jan 2000- 2 Jun 2006)
4. Gyan Sudha Mishra(30 Apr 2010 – 27 Apr 2014)
5. Ranjana Desai(13 Sept 2011 – 20 Oct 2014)
6. R. Banumathi (13 Aug 2014 – 19 july 2020)
7. Indu Malhotra (27 Apr 2017 -13 Mar 2021)
8. Indira Banerjee(27 Aug 2018- 23 Sep 2023)

Indira Banerjee, who was born on September 24, 1957, went to Loreto House in Kolkata for her education. She subsequently moved on to Presidency College for her Bachelor’s degree, and then on to Calcutta University for law school. In July 1985, she began working as a lawyer at Calcutta High School.
On February 5, 2002, she was named to the Calcutta High Court as a permanent judge. She was sent to the Delhi High Court in August of 2016. In April 2017, she succeeded Justice Sanjay Kishan Kaul as Chief Justice of the Madras High Court. Following Justice Kanta Kumari Bhatnagar, Justice Banerjee is the second woman to lead the chartered High Court.
Justice Banerjee’s name was suggested for elevation to the Supreme Court by the Supreme Court Collegium on July 16, and the Centre accepted it yesterday.
Justice Banerjee is the Supreme Court’s eighth female judge.

In addition, she releases a new album. With Justice R Banumathi and Justice Indu Malhotra already on the Supreme Court, Justice Indira Banerjee’s appointment brings the total number of female judges on the court to three, a number that has never been reached since the court’s creation in 1950.

In the judiciary, more women are needed.
It’s past time for those in charge of appointing judges to the high court and the Supreme Court to recognise the need of providing enough representation for women in the judiciary. Without diluting merit, the superior judiciary should have reserved seats for women, similar to the subordinate judiciary.
We should be concerned about more than just the economic consequences of the dearth of female (judges) in the employment. Women at all levels of the judiciary are critical in addressing certain issues that can have far-reaching social and political consequences: one, insufficient representation in the courts can exacerbate biases; second, a lack of women in courts raises questions about the courts’ legitimacy as representatives of the societies they serve; and third, the presence of women judges signals equality of opportunity for women.

Marital Rape

“Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

Nevertheless, the world’s largest democracy slips far behind terms of legislative development and revisions in response to evolving societal needs. One of the causes for this is the backlog in case resolution. Marital Rape Legislation is the same way.
The law has always been ambiguous when it comes to marital rape. Women all across the world, not only in India, are victims of marital rape. People began to demand justice and adequate regulations on marital rape as society progressed. India is one of the thirty-six countries that have not yet made marital rape a crime. All of these countries have their own legal opinions and justifications for not criminalising.
The perception of marital rape varies greatly from country to country. Deem on this stumbling block has always been out of sync. Some Islamic countries, including as Afghanistan, Algeria, Bangladesh, and Pakistan, discuss the concept of shariyat and the role of their customs in not criminalising marital rape. China is a country where the law protects same-sex couples and victims of violence.

What is the most common form of rape in India?
The definition of rape established in Section 375 of the Indian legal code covers all types of statutory offences including non-consensual intercourse with a woman (IPC).
The non-criminalization of marital status rape is permitted in India under Exception a couple of to Section 375.
On the other hand, unwanted sexual activity between a husband and a woman over the age of fifteen is exempt from Section 375’s definition of “rape,” and hence is not punishable.
Following the establishment of marital status relations, it is possible for a better half to transmit her husband’s eternal consent to have sex with her.

Both legal and constitutional rights may be violated by marital rape.


1. The non-criminalization of marriage rape stretches back to the nation-state era, according to the Coverture Doctrine. The practise of matrimonial rape profoundly affected and developed the idea of combining a woman’s identity with that of her husband.
When the IPC was founded within the decade, a mate was not considered a separate legal entity.
The IPC’s marriage exemption was created in response to Victorian paternal ideals that denied men and women equality, prohibited married women from holding property, and dissolved husband and mate identities under the “Doctrine of Coverture.”
2. Matrimonial rape may constitute a breach of Article 14 of the Indian constitution, which guarantees equality.
The Exception separates women into two groups based on their legal status and prevents men from committing crimes against their wives.
As a result of the Exception, married women might be persecuted purely because of their support, although single women are protected from similar offences.

3. Section 375 of the Indian penal code is designed to protect women while punishing those who commit rape.
Exempting husbands from societal control, on the other hand, goes against the aim, because rape has long-term consequences regardless of whether or not a woman is married.
Married ladies may also find it more difficult to flee abusive situations because they are de jure and financially linked with their spouses
4. Health, privacy, dignity, safe living conditions, and a safe environment are among the rights guaranteed in Article 21, according to the Supreme Court’s innovative interpretation.

Conclusion
In India, husbands and wives today have separate and independent legal identities, and most current jurisprudence is particularly concerned with women’s safety.

As a result, it is past time for the legislature to recognise this legal flaw and repeal Section 375 (Exception 2) of the IPC, bringing marital rape under the jurisdiction of rape legislation.

Judicial Service Examination

Judicial Service Examination

The Indian government has three branches . Judiciary is one of them. The Judiciary is a judicial system that interpreting and applies Law. Clear Judicial service examination is the first dream of every law aspirants. Many Law aspirants graduate from the different different law school to clear Judicial Service Examination. In Law field many opportunities are there like advocacy, the litigation, the law firm, the legal officer the legal advisor but most of the law student dream to prepare and clear Judicial Service Examination and become a judge. The Judicial Services Examination ensures a safe and comfortable employment environment. Furthermore, it provides selected applicants with an opportunity to serve their country. Every year, between 50,000 and 60,000 people apply for the Judicial Services Examination, but only those are clear exam, who studied with a goal and in accordance with a philosophy, succeed. Judicial Services must be achieved.
India Judiciary exam are not Union exam means it not conducted by union government. It conducted by the State Government. Every state has its own eligibility, process ,qualifications, courses for Judiciary exam.
Mostly every state divide judiciary in 3 phase
• Preliminary Exams
• Mains Exam
• Interview round

1 Preliminary Exam – The preliminary exam is used to screen candidates for the main examination. It includes Inquiries that are objective in nature. The preliminary examination marks are not taken into account in the final selection. States have different percentages of qualifying marks. The preliminary examination requires a minimum score of 60% for general candidates and 55% for restricted candidates.
2 Mains Exam – This is a subjective sort of exam. Three to four papers form the exam. The ultimate selection is based on the candidates’ performance. The number of candidates called for viva-voce is three times the number of slots.
3 Viva-Voce/Personal Interview — This is the final stage of the selection process, during which candidates are evaluated on a variety of variables, including general interest, personality, and IQ.
This examination is conducted in English as well as in Hindi language. State has decided exam marks and pattern according to him.

Benefits to clear Judicial Services Examination:-

• In the Indian system, the position of deicide is the most prestigious.
• Candidates who are selected in the Judicial Services Examination have a safe and comfortable job.
• It also provide Allowances and Facility.

Tiers of Judiciary Exam
There are two tiers to a career in the legal system.
• Lower judicial service:– which is allocated for recent graduates through an entrance examination administered by the various State Public Service Commissions (UP, MP, Rajasthan, and Haryana, Bihar, Punjab so on) or the high courts (Delhi). A career path through this ensures on-time promotions and a solid tenure.
• Higher Judicial Services:- The chosen candidates get announce as extra District Judges, that and their promotion is quicker.
Civil decides (junior division) have Judicial Jurist (Second Class) powers, while Chief Judicial Jurists have Judicial Jurist (Second Class) powers (First Class).


Conclusion:
For those who want to serve the public in a high-status position, judicial service may be a good option. It provides a secure and safe job with a competitive wage package.

Child Custody laws in India

Child custody laws in India

“The Best Security blanket a child can have is parents who respect each other”


Marriage is a legally and socially sanctioned relationship, usually between a man and a woman, governed by laws, norms, conventions, beliefs, and attitudes that define the spouses’ rights and responsibilities as well as the status of their children.
When a marriage falls apart or ends in divorce, the children born out of the union are the ones who suffer the most, despite the fact that the parents have the legal right to custody of their children.
The Guardian and Wards Act of 1890 in Indian law gives the court complete authority to choose a child’s guardian. In layman’s terms, it’s known as “Legal Custody.”
The custody of a child after a divorce and the end of a marriage in India is classified as follows:
1.Sole Custody: When a child is cared for by only one parent.

2. Joint Custody :-When both parents are liable and responsible for the child, this is known as joint custody.


3.Third-Party Custody :- It occurs when neither the father nor the mother agrees to hand over custody of their kid to the court.
Then there’s the problem of deciding what to do. Who will assume responsibility for the child’s upbringing? The child’s custody may be given to Grandparents or someone other than the parents (child).The Standard State of Affairs in Indian Society, when throughout divorce cases, they battle over the money for maintenance, i.e. money to be paid by the stable and earning partner to the other.
The method of gaining custody of a kid in order to avoid having to pay child support to the other partner. They are caring for the youngster as a result of this. If the child is of legal age (over 18), they have the right to choose their guardian, and even if the child is a juvenile, the court may request that the youngster express their opinions.


What factors does the court consider when deciding who should be the child’s custodian?


1.The Custodial Parents’ Financial Stability.


2.Custodial parents’ physical and mental well-being.


3.Comfort of the child with his or her custodial parents.


4.Custodial parents’ intention (Wrong or false intention that may harm the child).


5.The judge has complete authority and authority to choose what is best for the child’s future. Additionally, the child has the option of selecting.

“ Custody of child shall be handed over to such a person who fosters him with care, love and affection” – Honorable Justice Vinod Prasad.