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NEW EDUCATION POLICY 2020

The NEW EDUCATION POLICY 2020 was passed on 29 July 2020, Wednesday by the Union Cabinet chaired by the Prime Minister Narendra Modi. The policy aims to bring reform in the schools and higher education systems in India, as stated by the Ministry of Human Resource Development. It is a replacement for the National Policy on Education 1986. The aim of the policy is to create an education system which has a direct contribution in transformation of the country, to provide high-quality education to all, and to make India a global knowledge superpower. The cabinet has also approved to change the name of the HRD ministry to Education Ministry. 
The key highlights of the policy are as follows:
1.     Mother tongue or local or regional language to be the medium for instructions till class fifth (or if preferable till class eighth and beyond). Sanskrit shall e offered at all the levels of the school and higher education as an option however; the policy clearly states that no language shall be imposed on any student.
2.   The 10+2 structure has been replaced with the 5+3+3+4 structure, which includes 12 years of school and three years of the pre-school. The division is as follows – Foundational Stage (ages 3-8), Pre-Primary stage (ages 8-11), Preparatory Stage (ages 11-14), and Secondary Stage (ages 14-18).
3.   School students now have to only sit for three exams at classes 3, 5, and 8, rather than sitting in exams every year. The assessment for other years will have a regular and formative style that promotes learning and development as well as tests higher-order skills of the students.
4.   For classes 10 and 12, the board exams will continue to take place but they will be re-designed with a ‘holistic development’ and the standards for the same will be established by a new national assessment centre – PARAKH (Performance Assessment, Review, and Analysis of Knowledge for Holistic Development.
5.   A singular regulatory body i.e. Higher Education Council of India (HECI) will be set up to regulate all higher education institutions except for legal and medical colleges. The goal of the council is to increase the enrolment rate in college from 26.3% to 50% (by 2035). The main focus will be on the institutions that have more than 3000 students.
6.  The HECI will have 4 independent bodies – National Higher Education Regulatory Council for regulation, General Education Council to set the standards, Higher Education Grants Council for funding, and the National Accreditation Council for accreditation.
7.   The policy aims to reduce the load of the curriculum on the students and allowing them to become ‘multi-disciplinary’ and ‘multi-lingual’. There will also be no distinction between arts and science streams, or between the curricular or extracurricular activities, or between the vocational and academic streams.
8.  It also proposes a 4 year under graduate programme with multiple exit options for the students to have flexibility. A multi disciplinary bachelors’ degree will be given after completing 4 years of study. A diploma will be given to those who exit the degree after two years. A vocational/professional course degree will be given to those who leave after 12 months of studying. Also the MPhil (Masters of Philosophy) courses are to be discontinued.
9.  For the reason of quality, there will be common regulations for both the private and the public higher education institutions in the country. There will also be a Common Entrance Exam that will be conducted by the National Testing Agency (NTA) for admissions to universities and higher education institutions.
10. There will also be establishment of more online courses in regional languages. Virtual labs will also be developed and a National Education Technology Forum(NEFT) will also be created.

Guidelines to be followed by Police while making an Arrest

 

Arrest involves the restriction of liberty of a person arrested and therefore, infringes the basic human rights of liberty. Nevertheless the Constitution of India as well as International human rights law recognize the power of the State to arrest any person as a part of its primary role of maintaining law and order. The Constitution requires a just, fair and reasonable procedure established by the law under which alone such deprivation of liberty is permissible. Although Article 22(1) of the Constitution provides that every person placed under arrest shall be informed as soon as may be the ground of arrest and shall not be denied the right to consult and be defended by a lawyer of his choice and S.50 of the Code of Criminal Procedure, 1973 (Cr. PC) requires a police officer arresting any person to “ forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest”. in actual practice these requirements are observed more in the breach. Likewise, the requirement of production of the arrested person before the court promptly which is mandated both under the Constitution [Article22(2)] and the Cr. PC (Section 57] is also not adhered to strictly.

A large number of complaints pertaining to Human Rights violations are in the area of abuse of police powers, particularly those of arrest and detention. It has, therefore, become necessary, with a view to narrowing the gap between law and practice, to prescribe guidelines regarding arrest even while at the same time not unduly curtailing the power of the police to effectively maintain and enforce law and order and proper investigation.

GUIDELINES LAID DOWN BY THE HON’BLE SUPREME COURT IN D.K. BASU CASE:

The Hon’ble Supreme Court, in D.K. Basu Vs State of West Bengal , has laid down specific guidelines required to be followed while making arrests.

THE HON’BLE SUPREME COURT GUIDELINES on arrest:

The principles laid down by the Hon’ble Supreme Court are given here under:

(i) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designation. The particular of all such personnel who handle interrogation of the arrestee must be recorded in a register.

(ii) That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.

(iii) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

(iv) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aids Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

(v) The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

(vi) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclosed the name of the next friend of the person who has been informed of the arrest and the names land particulars of the police officials in whose custody the arrestee is.

(vii) The arrestee should, where he so request, be also examines at the time of his arrest and major and minor injuries, if any present on his /her body, must be recorded at that time. The Inspector Memo’ must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

(viii) The arrestee should be subjected to medical examination by the trained doctor every 48 hours during his detention In custody by a doctor on the panel of approved doctor appointed by Director, Health Services of the concerned State or Union Territory, Director, Health Services should prepare such a panel for all Tehsils and Districts as well.

(ix) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record.

(x) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

(xi) A police control room should be provided at all district and State headquarters where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

Haryana – Sports state

Among all the states in India, Haryana is one of the leading state involved in games and sports. Haryana share population of only 2% in  India. But  one third  of all medals are owned by Haryana’s Athletes  in India including 9 out of  26  golds in CWG. Haryana has  always  been  a big  contributor  in terms  of India ‘s  medal  haul at major  competitions .

Haryana’s CWG 2018 Medallists 
1. Wrestling 
Gold -Bajrang Punia, sumit  malik, vinesh phogat 
Silver-Mausam Khatri ,pooja Dhanda , Babita kumari
Bronge – Somveer kadian , Sakshi Malik, kiran Bishnoi
 
2.Boxing 
GOLD – vikas krishan ,  Gourav Solanki 
SILVER-  Amit pangal, Manish Kaushik
Bronge-  Naman Tanwar , Manoj kumar 
3. Shooting 
  Gold – Anish Bhanwala , Manu  bhaker , sanjeev Rajput.
4. Athletics 
 Gold – Neeraj Chopra 
Silver –  seema Punia.
5. Weightlifting 
 Bronge – Deepak  lathar
6. Powerlifting 
Bronge – sachin Chaudhary.
 Traditionally Haryana has become a nursery of wrestlers and  boxers . Highest prize money for  winners  act as great  incentive for athletes .  Government’s    cash prizes for International  medals  are easily the highest in  country. If Haryana was a seperate country it would be  eighth on  2018 CWG  medal totally  behind sporting powerhouses  like Australia , England ,Wales ,  canada , New zealand  etc.
  Its a leading state in sports among  Other states. During the 33rd  national game held in  Assam in 2007 , Haryana stood 4th in the  nation with  medal tally  of 80  including  30 Gold , 22 silver and  28 bronze medals.
 Haryana is national championship in women ‘s hockey and  men’s Volley ball . The state has supported and promoted  its athletes.
 Hosting khelo  India Youth Games  in Haryana  will also add greater  impetus to our  commitment towards  creating a strong sporting  ecosystem. Many athletes  are trained under khelo  india schemes. It is a multi  sport event and   it is also providing large lodging for large  number of  participants  who will attend . 
Haryana has produced many elite  Athletes for international  platforms. Training is also going under Khelo  India Scheme . 159 medals owned in 2019 and 200 medals in 2020 . 
 Chief Minister  manohar lal khattar  and Union  minister of Youth  affairs and Sports  , Kiren Rijju  announced on 25 july that Haryana to host 4th 
 Edition of this . After Tokyo olympics , this sports to take Place. It will be held in Panchkula . It has been  envisioned by PM Modi  , its helping in identifying grassroots level talent  across country who will represent internationally.
Haryanivs are like having strong sporting culture in their blood .  Khelo usually take place in January every time of year  . But this time due to pandemic situation it gave rise to  be held  in delay with 10,000 participants . All the  participants are given scholarships of 500000 for time period of  8 years  to prepare for international sports Event. They are of 2 categories   –   21  old of college students and 17  old of school students. Thus is creating strong sports Ecosystem. Not only men but also women are giving best in this sports.

Gender Equality should also include Men!

Whenever the term GENDER EQUALITY is used, it is presumed that we are talking about equality towards women but there is no mention of the equality towards men. The belief that it is always the fault of the man or the stigma of the society around the way a man should be plays a major part of why men are not comfortable to admit being the victim. In India, there are many laws formulated to provide protection to women from offences like rape, stalking, harassment at work and public, domestic violence. It is true that crimes against women are increasing at an alarming rate; however there are many instances where the complaints filed by the women are false as they wrongly accuse the men just for their own interest and revenge.
 However, there are times when men are the ones who are the victims of such crimes but due to the perception of the society that ‘men are supposed to be brave’ or that ‘men are the ones who commit the crime´ stops a man to come out in the open to admit to the wrong being done to him. The men fear that they might be falsely accused for revenge or for extorting money, sometimes the family of the male victim or the victim themselves fails to accept the abuse done to them, and the fear of being judged by the society silences the male victim to come out and register the complaint for the offence against them, resulting in them committing suicide or being depressed.
Under section 113b of the Indian Evidence Act,  if a women dies of bodily injury or burns on the body within the 7 years of her marriage, it is assumed by the court that the husband and his family is behind the cause of her death. Under section 498A (law against dowry) of the Indian Penal Code, if the husband or the relative of the husband of a woman subject the woman to cause injury (whether physically or mentally) shall be liable imprisonment for a term which may be extended to 3 years and also be liable for fine.
Many cases filed under these laws were found out to be false as the wife would wrongly accuse the husband or his family out of revenge. Many of the domestic violence cases filed against men are also false and many a times, men are the ones who are the victims of the domestic violence. As there is no requirement for the women to present any evidence, they sometimes misuse the laws that are formed for their protection to harass men as the onus lies on the men to provide any evidence to prove their innocence.
Section 375 of the Indian Penal Code clearly mentions that rape is an offence only a man can commit to a woman. However, there is no mention that a woman can also commit the offence of rape to a man. A Delhi based Centre for Civil Society found that approximately 18% of the Indian adult men reported being coerced or forced to have sexual intercourse, out of which 16% were by a female offender and 2% by male offender.
The need of the hour is for the society to acknowledge that a man can be a victim too and that the gender equality should also include equality for men. There is also a need for the legislation to formulate laws that are gender neutral in nature. It is also very important that laws made for the protection of women are not misused by them as it can leave a bad impact on the mental health of the person who has been falsely accused. Laws for domestic violence, sexual harassment, rape, stalking etc should be made gender neutral i.e. the victim can be either a male or a female. We, as the youth should also make a motive to urge the men to come out and speak about the abuse they have faced and also to make the people aware about the gender equality for men too!

Right to Privacy

 

Privacy is a fundamental human right, enshrined in numerous international human rights instruments. It is central to the protection of human dignity and forms the basis of any democratic society. It also supports and reinforces other rights, such as freedom of expression, information and association.  Activities that restrict the right to privacy, such as surveillance and censorship, can only be justified when they are prescribed by law, necessary to achieve a legitimate aim, and proportionate to the aim pursued.

 

As innovations in information technology have enabled previously unimagined forms of collecting, storing and sharing personal data, the right to privacy has evolved to encapsulate State obligations related to the protection of personal data.  A number of international instruments enshrine data protection principles, and many domestic legislatures have incorporated such principles into national law.

 

Privacy also has implication for the freedom of opinion and expression. The Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression emphasises that the “right to privacy is often understood as an essential requirement for the realization of the right to freedom of expression. Undue interference with individual’s privacy can both directly and indirectly limit the free development and exchange of ideas.”

 

The Constitution of India does not specifically guarantee a right to privacy, however through various judgements over the years the Courts of the country have interpreted the other rights in the Constitution to be giving rise to a (limited) right to privacy – primarily through Article 21 – the right to life and liberty. In 2015, this interpretation was challenged and referred to a larger Bench of the Supreme Court (the highest Court in the country) in the writ petition Justice K.S Puttaswamy & Another vs. Union of India and Others, the case is currently pending in the Supreme Court.

 

The constitutional right to privacy in India is subject to a number of restrictions. These restrictions have been culled out through the interpretation of various provisions and judgements of the Supreme Court of India:

 

• The right to privacy can be restricted by procedure established by law which procedure would have to be just, fair and reasonable (Maneka Gandhi v. Union of India);

• Reasonable restrictions can be imposed on the right to privacy in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence; (Article 19(2) of the Constitution of India, 1950)

• The right to privacy can be restricted if there is an important countervailing interest which is superior (Gobind v. State of M.P.);

• The right to privacy can be restricted if there is a compelling state interest to be served (Gobind v. State of M.P.);

• The protection available under the right to privacy may not be available to a person who voluntarily thrusts her/himself into controversy (R. Rajagopal v. Union of India).

• Like most fundamental rights in the Indian Constitution, the right to privacy has been mostly interpreted as a vertical right applicable only against the State, as defined under Article 12 of the Constitution, and not against private citizens. (Zoroastrian Cooperative Housing Society v District Registrar)

Legal Aspects of Domestic Violence Against Men

 

The term “domestic violence” includes a broad range of violent acts committed by one member of a family or household against another. It often refers to the mistreatment of a child or spouse, and includes not only physical harm but also threats and verbal, psychological, and sexual abuse. The relationship of the abuser to the victim is the key distinction between other assault crimes and domestic violence. In India, domestic violence is always believed to be inflicted on women. However, during personal interactions with many males in society and in the organized setups such as industries and offices, it was observed that men also suffer from domestic violence. Due to stereotyped gender roles, it is hardly believed by society that a woman can inflict violence on men. Many courts also commented on false allegations of domestic violence by women. Men are still not ready to speak of this violence against them and they are ignorant about any legal help to avoid this.

Comparison of India and Other Countries

The prevalence of spouse/intimate partner violence (51.5%) in the latest Indian study2 was found to be higher than data collected for domestic violence under partner abuse state of knowledge project (PASK) from the USA, Canada, and the UK (19.3%).

Domestic violence was recognized as a criminal offense in India in 1983. The offense is chargeable under section 498A of the Indian Penal Code.

Prevalence

Scarce research data on domestic violence against men are available in the scientific literature.

However, according to a recent study, 51.5% males experienced violence at the hands of their wives/intimate partner at least once in their lifetime and 10.5% in the last 12 months.

According to the National Family Health Survey, 2004, this violence is not always inflicted by the female partner/wife but many a time by a male relative of the wife attacks or threatens the man. When physical violence and threats against men by wife’s relatives are taken into account, an estimated 3 crore men are facing domestic violence in India.

In a study conducted by My Nation along with Save Family Foundation (Delhi) on domestic violence against men, between April 2005 and March 2006, 1,650 men were interviewed and their personal cases looked into. The study concluded that Indian women were the most abusive and dominating.

From all over India, 98% of the respondents had suffered domestic violence more than once in their lives. The study covered Indian husbands from various socioeconomic strata, but the bulk of the respondents, according to the researchers, came from the upper middle class and the middle class.

Nadda et al found much higher physical violence, 35% and 26.9%, respectively, against women this reflecting that Indian women are much less physically aggressive than Indian men. Gender symmetry does not exist in India for physical violence.

Types of Violence

Domestic violence has been recognized across the world as a form of violence that affects a person’s life in every way, physically, mentally, emotionally, and psychologically, and is a violation of basic human rights. In a recent study by Malik and Nadda, the most common spousal violence was found to be emotional followed by physical violence.

Physical Violence

This can include slapping; pushing; hitting by wife, her parents, or relatives; or throwing objects like utensils, cell phones, and crockery at the husband. In physical violence, slapping was identified as the most common form (98.3%),  and the least common was beaten by weapon (3.3%). Only in one-tenth of the cases, physical assaults were severe.2

Psychological Violence

In emotional violence, reported 85% abuse against the men was criticism, 29.7% were insulted in front of others, and 3.5% were threatened or hurt. It can also be in the form of mental abuse such as constant threats to the husband and his family under false allegations of dowry and domestic violence.

Types of Crime Committed Against Men in India

At home or at the workplace to avoid punishments or to get some rewards, men too can be involved in sexual activity by force. In many states of India, a young man with good qualifications and income is abducted and forced to marry without his consent. False rape and other charges such as molestation are also common. Since law and society always traditionally favor females as the weaker sex, many a time, false complaints of sexual abuse/rape are lodged against men. This is true regarding cases against men under 498A (domestic violence) and false dowry cases, and the same was expressed by various courts during their proceedings.

Effects of Domestic Violence Against Men

Any violence affects life physically, mentally, emotionally, and psychologically. It is also a violation of basic human rights. Unreported and unnoticed violence against men may lead to denial in accepting the family, divorce, depression, or suicide in extreme cases. It has been observed that suicides were more in married men as compared to separated/unmarried men. According to WHO (2002), women think more about committing suicide, whereas men die by suicide more frequently. This is also known as a gender paradox in society.

According to WHO, exposure to violence can increase the risk of smoking, alcoholism, and drug abuse; mental illness and suicidality; chronic diseases such as heart disease, diabetes, and cancer; infectious diseases such as HIV, and social problems such as crime and further violence.

Legal Issues

Despite the data available, suggesting violence against men, no law to protect men is yet to be formed by the legislature. All laws for controlling domestic violence consider women as victims. Antidowry laws Dowry Prohibition Act, 1961, and later Section 498A passed by the Supreme Court of India already show the concern and asked to stop the “Legal Terrorism” in the form of misuse of 498A and the necessary changes to be made by the Parliamen

Need for Gender Neutral Laws

In cases where men are falsely accused of violence or dowry, a law which can address these false allegations is the need of the hour. Human rights and gender equality should include both men and women. Domestic violence should be considered as spousal violence and must not be differentiated due to gender.

Domestic violence act in India is for women only. Studies show that men are also the victims of violence at the hand of women. Hence, necessary amendments addressing violence against men are suggested.

Again ban of chinese apps

The Government banned chinese apps again.As we all know there was 59 applications which include tiktok, shareit , uc browser, camscannner, club factory which were part of tension admist the border were banned  on june 29. They were banned due to  engagement of activities prejudicial to sovereignty and integrity, defence , public security and  order. They were matter of threat  to people. Some of the apps like tik tok were banned under  sec 69  A  of the Information technology Act as it was containing some of the pornographic contant.

This occured when there occured a sad and sorrowful incident  admist the tense border  standoff between India and china  beijing ,a incident which killed 20 indian army in June 15 by china troops  along the line of  actual control .Even we came to know from Minister of Information Technology that there is  misuse of mobile apps  available on Android and Ios platforms where stealing  and transmitting user’s data  in an unauthorised manner to servers which have location outside India. It was hostile to national security,defence of India, which impunges upon 
Sovereignty and integrity of India ,was matter of concern. For this situation , sufficient steps required to be taken. 
Therefore , government came forward with the task of banning all these apps whether used with internet or not . There were variety of apps like  starting from  e commerce  to gaming, social media browsers, sharing file and message to china. All are geting transmitted to beijing  agencies.
At present , india again banned  47 apps which arè variants of chinese apps. the apps are  Tiktok lite,  helo lite,  shareit lite, BIGO live lite, VFY lite.
Chinese company was having 300 million users of their apps , 2/3 rd of mobile phones downloaded their product.
 Tiktok apps  ban led to drastic effects to people  especially youngsters . A 18 years old tiktok creator  committed suicide.   People mentally became sick for these chinese apps.

Concept of ‘Power of Attorney’ (POA)

 

Meaning of the term ‘Power Of Attorney’

‘Power Of Attorney’ is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons. Here a legal authority is given by the principal to the agent which may be broad or limited and an agent can take all necessary decisions i.e. financial, property related matters and all other matters where principal cannot be present to sign or in the case of principal’s illness and disability. A paper signed by principal giving powers to an agent is sometimes itself called a power of attorney. A paper giving a power of attorney should be clear and understandable.

 Importance of Power of Attorney

A power of attorney document is an extremely important part of estate planning yet one of the most misunderstood. It is often convenient or even necessary to have someone else act for you as there is advancement in the business and commerce transactions. As many people confuse the power of attorney (POA) with a will (Probate), but these documents are two very different things and have two very different functions. A will comes into effect on the day person die. A POA applies during a person’s lifetime and ceases to apply when he dies. So you actually need both a POA and a will as they complement, and do not overlap, each other. To add a twist to the subject, there are two types of POA: one for property and one for personal care. These two types are completely separate. They deal with different areas of your life and both are required for effective estate planning.

Classification of Attorney

 The Power of Attorney can be classified into two categories which includes:

 General Power of Attorney: A general power of attorney is one by which an instrument is executed by the principal authorising the agent to do certain acts in general on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter. If the subject matter is not general but restricted to something either specific or specifically mentioned by the principal while drafting an instrument then it will not constitute a general power of attorney. It is otherwise called as limited power of attorney.

 Special Power of Attorney: A special power of attorney is one by which a person is appointed by the principal to do some specified act or acts. In this type of power of attorney, an agent conferred with a power to do specific act in a single or specified transactions in the name of the principal.

 Durable Power of Attorney: A Power of Attorney which specifically says otherwise, agent’s power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal. A power of attorney that says this is called a durable power of attorney.

To ascertain whether power of attorney is of general or special in nature, the subject matter in respect of which power is conferred Is to be seen accurately. The power of attorney is the unilateral document wherein donor or the principal gives authoritative power to the agent by signing the document and the agent’s sign is not always required.

 Persons Competent To Execute

A power of attorney can be executed by any person who is competent to enter into a contract. However, the married women can execute powers of attorney even if they are minors. A company while executing power of attorney must make conformity with the ‘Articles of Association’ and its common seal. A person must be competent to give power to the appointed person so that it will not affect the legality of the instrument/deed of power of attorney.

Authentication of power of Attorney

As per Indian law, a power of attorney is a legal document that has to be properly framed, using the right legal terminology and setting out the objectives and responsibilities that you wish to authorise the appointee to carry out on your behalf. If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney. You will need to show your ID to the notary advocate before he/she is able to certify and issue the document. It must be executed and authenticated by the registrar or sub-registrar of assurances as per the ‘Registration Act, 1908’.

Presumption About Power of Attorney

 A power of attorney is legal written document which has more legal value and the authenticated attorney will be presumed by the court as legal document under ‘Indian Evidence Act, 1872’. According to the Section: 85 of ‘Indian Evidence Act, 1872’, which provides that the court shall presume that every document purporting to be a power of attorney, and has to be clearly authenticate and executed before the notary or magistrate. If there is any issue arises concerning to the genuineness of the attorney then proof of its execution can be called for the verification.

The legal issue of Custodial Violence in India

 

The term “custodial violence” has not been defined under any law. It is a combination of two word custody and violence. The word ‘custody’ implies guardianship and protective care. Even when applied to indicate arrest or imprisonment, it does not carry any evil symptoms during custody. In a law dictionary the word ‘custody’; has been defined as charge and with regard to a person in imprisonment: judicial or penal safekeeping. As Per Chamber Dictionary, the condition of being held by the police, arrest or imprisonment is called ‘custody’. As Per Legal Glossary Dictionary, custody is imprisonment, the detaining of a person by virtue of lawful Power or authority.

Section 167 of the Code of Criminal Procedure speak about two type of custody i.e. police custody and judicial custody. As per section 167(1) of Cr. P.C., “the magistrate to whom an accused person is forwarded under this section may whether he has or not has jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as he may think fit. Provided that the magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of 15 days if he is satisfied that adequate ground exist for doing so. So as per section 167 (1) of Cr. Pc. ‘police custody’ can be granted for a maximum period of fifteen days only’ Police custody basically means police remand for the purpose of interrogation. In law actually a police officer has two occasion to keep a person in its custody firstly, from the period when he arrest a person till he produce the said person in the court i.e. first 24 hours of the arrest of accuse. Secondly, when police gets, remand from court after producing the accuse in the court which can be extend up to a maximum period fifteen days, thereafter, a person is sent in judicial custody which in general terms means jail or prison, where an accuse remain in custody till he gets bail or if convicted and sentenced to jail till the completion of sentence. As per law, ‘custody’ of a person begins when the police arrest him.

Other type of custody as mentioned earlier is ‘judicial custody’ which means sending a person in jail or prison. As per section 3 (1) of ‘The Prison Act, 1894’, ‘Prison’ means any jail or place used permanently or temporarily under the general or special order of a State Government for the detention of prisoners and include all land and building appurtenant thereto, but does not include:-

(a) Any place for the confinement of prisoners who are exclusively in the custody of police; or
(b) Any place specially appointed by State Government under section 541 of the old Criminal Procedure Code, 1882,
(c) Any place, which has been declared by the State Government by general or special order to be subsidiary jail.

The term ‘violence’ is the state or quality of being violent, excessive unrestraint or unjustified force, outrage perforate injury. ‘Violence’ in its literal sense has been defined as the use of force by one person over another so as to cause injury to him. The injury may be physical, mental or otherwise. The simple definition of violence is behaviour designed to inflict injury on a person or damage to property. Custodial violence is a term, which is used for describing violence committed against a person by a police authority. Thus, custodial violence can be defined as “an inhuman trait that springs out of a perverse desire to cause suffering when there is no possibility of any retaliation; a senseless exhibition of superiority and physical power over the one who is overpowered.” According to Law Commission of India, crime by a public servant against the arrested or detained person who is in custody amounts to custodial violence. According to Dr. S. Subramaniam, “Any use of force threat psychological pressure is termed as custodial violence. According to Justice B.P. Jeevan Reddy, “Custodial violence includes torture, death, rape and excessive beating in police custody”.

Although, overcrowding, malnutrition, unhygienic conditions and lack of medical care are some of the factors of death in police and judicial custody, but custodial violence remains the common cause of deaths in prisons and lock-ups. The custodial violence is a generic term and includes all and every type of torture, third degree, harassment, brutality, use of force not warranted by law, etc. custodial violence include illegal detention, arrest which is wrongful or on illegal or on insufficient grounds using third degree method, on the suspects, humiliating them, using filthy language, not allowing them to sleep, extorting confession under pressure, padding up of additional evidence, misuse of the power regarding handcuffing not allowing to meet counsel or family member to accuse, denial of food etc. However since the torture or third degree in the most common and prominent form of custodial violence by the police.

The police officials commit an act of violence upon the persons in their custody under the guise of investigation and interrogation. The heinousness of this crime is that it is committed upon the citizens by the very person who is considered to be the guardian of the citizens. It is committed under the shield of uniform and authority within the four walls of Police Station or lock up, the victim being totally helpless in these circumstances. The protection of an individual from torture and abuse of power by police and other law enforcing officers is a matter of deep concern in a free society.

The chances of violence committed by police on persons in its custody are much greater than any other form of violence. The basic reason behind it is that the victims of such violence are unable to protest against it. The police officers use their official position to manipulate evidences against themselves. Death in custody is generally not shown on the records of the lock-up and every effort is made by the police to dispose of the body or to make out a case that the arrested person died after he was released from jail. Any complaint against torture is not given attention because of ties of brotherhood. No direct evidence is available to substantiate the charge of torture or causing hurt resulting into death, as the police lock- up where generally torture or injury is caused is away from public gaze and the witnesses are either policemen or co-prisoners who are highly reluctant to appear as prosecution witness due to fear of retaliation by the superior officers of the police.

However, in spite of the Constitutional and Statutory provisions contained in the Criminal Procedure Code and the Indian Penal Code aimed at safeguarding personal liberty and life of a citizen, the growing incidence of torture and deaths in police custody has been disturbing. Experience shows that the worst violations of human rights take place during the course of investigation when the police, with a view to securing evidence or confessions, often resort to third-degree methods including torture and techniques of arrests by either not recording them or describing the deprivation of liberty merely as “prolonged interrogations”. A reading of the morning newspapers carrying reports of dehumanising torture, assault, rape and death in police custody or other governmental agencies almost every day is, indeed, depressing. The increasing incidence of torture and death in custody has assumed such alarming proportions that it is affecting the credibility of the rule of law and the administration of the criminal justice system. As a result the society rightly feels perturbed. The society’s cry for justice becomes louder.

Any form of torture or cruel, inhuman or degrading treatment, whether it occurs during investigation, interrogation or otherwise needs the severest condemnation. If the functionaries of the Government become law-breakers, it is bound to breed contempt for the law and no civilised nation can permit that to happen. Custodial violence may be both physical and or mental. It may also consist of gross negligence or deliberate inaction. In a case, when a person was suffering from high blood pressure or similar type of disease, almost for which continuous medicine is essential, and he is not allowed to take medicines the men develop serious health problem or dies. The Apex Court held it to be a case of custodial violence and the State was made liable for damages for their gross negligence in protecting the person in custody.

Make your body your slave

Here , the thing comes into mind from  the phrase ‘make your body your slave ‘ is obesity. Its a very complex disease which stores excessive fats in your body. So it gives a bad outlook and not only that  it also increases your risk  of other diseases like  heart disease, cancer, diabetes, high blood pressure. Excess weight may  led to  short and long -term health problems for you and  your child. It turns a young person also into older outlook.

Body mass index is one which tells whether you are having normal weight or overweight or obesity. It    declares by measuring your weight  in relation to  your weight.
Lets see the chart –
Normal range -18.5 to  24.9(Bmi)
Overweight-25 to 29.9(Bmi)
Obesity-30 or higher (Bmi)
Along with BMI ,  there also exists  waist size   ,if there is increase in waist size ,there will be increase in health risks  more than any other part . Women should have less than 35 waist and men should have  less than 40  waist.
Health issues- 

1.  You will be shocked to know almost  87% of patients with obesity or overweight are having diabetes. Makes Insulin  hormone resistant , Insulin carries sugar from blood to cells which is used for  energy. This may give rise to high blood pressure 
2. Obesity may led to  more likely to high blood pressure, abnormal cholesterol levels  which are led to heart diseases and  stroke.
3.obesity increase your chance for cancer in cervix, ovary , uterus,breast , colon , rectum ,etc.
4. Digestive problem- obesity increases likelihood that you’ll develop gallbladder,liver diseases.
5. sleep apnea,  it means breathing starts and stops.
6. Women may suffer from infertility, pcos, irregular periods.
7. Osteoarthritis  due to gain of weight.

Mentally disable – aside from health issues and dangers , it also effect physically , that is shame and guilt, fatigue, sex problems, depression.

Prevention from this curse– 
 Well its really tough, one have to wait year after year to  try to bring oneself  a perfect shape and diseases risk free. the way to lose weight is similar to gaining wait. One should go for morning walk. 150 to 300 minutes exercise training to get result and sweat shall fall. Can go for skipping , brisk climbing ,swimming.
.can  focus on low calories and low fat transfer foods like oats, fruits , vegetables. choosing food is very important to  keep one’s body healthy.
 Exercise and dieting are best to work in this ground . so focus on this.
 Until it gives pain its not working. Choose wisely to look young or older  and have more disease risk or have a healthy life. Our lifestyle responsible for everything.