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Impact of Social Media

The growing use of social media is evident in the society. It has become a platform for people to communicate with others or to stay in touch with their friends and family who are in another country or state. It provides many facilities like information sharing, communication, starting a business, start an awareness campaigns, etc. the development of technology, especially the mobile phones, has played an important role in the impact that social media has created on the people. Social media sites like facebook, twitter, instagram, pinterest, etc. has become platforms for people to share their photographs or content online for their viewers to access it. It has also become a platform for people to share their opinions about various aspects of their life with others. Social Media has also paved a way for many small businesses to have an online platform; many existing businesses are now turning to social media to expand themselves in the online world. 

WHAT MAKES SOCIAL MEDIA UNIQUE?
Social media can be termed as a unique platform because it is easily accessible to most of the people around the world. Majority of the younger generation, teenagers, and middle-aged people contribute to the highest percentage of the total social media user population. From the business perspective, social media opens possibilities of direct access to clients without any third party intervention. Advertising using social media is cost friendly as compared to the costs of the print, TV, or any other media. Also the businesses have the option to promote their products to the target audience that they have the freedom to choose based on their products.
Social media is present everywhere creating an impact on different walks of life. Most of the times, the social media is used by people to support any issue or any cause they relate to or feel strongly about. It is also used by people to build their image and to demonstrate who they are and what they stand for. They can also participate and get a feeling of involvement in things that are currently happening in the world.

IMPACT OF SOCIAL MEDIA
Social media has the following impacts:
  1.  Impact on the society – almost a quarter of the world’s population use facebook and as the social networks grow due to the interaction between people, they become more and more powerful. Each person can now share their point of view online as they know they are not alone. Through the help of social media, the social, ethical, environmental, and political ills in the society come into the mainstream and give people the right to voice out their views for the same.
  2. Impact on commerce– many of the organizations are now reaching out to its customer through either one of the social media platform, thanks to its growing use. Many businesses use the social media platform to connect with the customers, build revenue, generate insights, stimulate demands, and create targeted product offerings.
  3. Impact on the world of work – sites like LinkedIn are important social media platforms that are used by people to find employment and to stand out in their profession. Social media has had a great impact on the recruitment and hiring processes of the companies. Also the candidates who develop skills in the latest and most advanced social media techniques are the preferable choice for being employed. 

CHALLENGES OF SOCIAL MEDIA
Social media has the following challenges that are posed for its user:
  1.  Lack of Privacy– many of the users end up sharing too much information on the online profiles that should not be made available for the public eye. By the time they realize their mistake; it becomes late and cause problems for the individual. Stalking, identity-theft, personal attacks, and misuse of private information are the most common issues faced by many users on the social media.
  2. Deteriorating relationships – the increasing use of social media is affecting the relationships that people have with their families or their friends. People are now forming artificial bonds and cherishing them over the bond with actual people. The friends on the social media lack the intimacy of the conventional friendship that a person had where one gets to know each other or gets to meet each other face to face.
  3. Cyber bullying– it is the most common thing that people face, especially teenagers, online. Teens have a notion that they have to fit in, or to be popular, or to do have better content than others due to which they have immense stress leading to mental illness. Teenagers mostly use the social media platform to spread rumors about each other, share content that has the potential to ruin someone’s reputation, or to blackmail others.

Truth is beauty And Beauty Truth.

The poetic saying  emphasises the identity of beauty and truth. According to it , only truth represents beauty – a fact which all humans should take note of all their day to day thoughts , proclivities , human and socal dealings , and works of art and science. There are such things as acted truths and acted lies , and these have their impact on human life  as important as those which arise from the spoken or the written word. Truth and falsehood are qualities that belong to the work of our hands , as well as words of our lips and are often more eloquent to the eye than the words can be to ears. They are expressed by our whole personalities , by our characters , by our conduct , by our general conversion with our kith and kin or , friends in the world , and foes . Great truths are often communicated by works of art , literature , sculpture, painting , cartoons , films or other  effective media that permeates the  human mind.

Every portrait painted is either a truth or a lie , or a mixture  of the two. Its beauty depends on the degree of truth , and honesty depicted in it. It also represents the character of the painter . An artist who puts his heart and souls in his work , and applies tones of colour , themes and dedicated motifs , is able to produce a beautiful piece . If his objective is merely mercenary , simply to flatter the onlooker and paint for the sake of getting outward application , in terms of more , his work cannot be called a piece of lasting beauty.
Truth is a beautiful operation , a dynamic thing which does its beneficient work in a personal and social context. On the other hand , a lie is an offensive operation , performed by one man upon other. It resembles robbery and theft. Just as robbery cannot be committed without a victim , so lies cannot be told  without a victim  to be deceived or beguiled . A lie is an offence against logic. It is an offence against the persons to whom it is addressed.
Whatever else truth may be , there is no doubt as to its being valuable , not merely in the sense that it is good to look at , but also it does good to those who see it , know it , and act upon it . Truth is , in other words , a value not residing inertly in the personality that utters it ,  or the work of art that express it . It operates rhythmically , making a difference for the better , to every mind which accepts it . On the opposite end is the lite that makes the personality of the teller as well as of the listener , blurred.
Like Truth , Beauty is dynamic and vital ; no wonder they look to be identical.
It spreads in the whole personality of each individual , his heart , brain , the hormones , the eyes and the ears.  It is not only inspires and also sentimentalises.

Concept of Writs In India

 

A Writ is a formal written order issued by a government entity in the name of the sovereign power. In most cases, this government entity is a court. In modern democratic countries, the administrative authorities are vested with vast discretionary powers. The exercise of those powers often becomes subjective in the absence of specific guidelines etc. Hence the need for a control of the discretionary powers is essential to ensure that ‘Rule of Law’ exist in all governmental actions. The judicial review of administrative actions in the form of writ jurisdiction is to ensure that the decisions taken by the authorities are legal, rational, proper, just, fair and reasonable. Safeguard of fundamental rights and assurance of natural justice are the most important components of writ jurisdictions

Writs are meant as prerogative remedies. The writ jurisdictions exercised by the Supreme Court under article 32 and by the high courts under article 226, for the enforcement of fundamental rights are mandatory and not discretionary. But the writ jurisdiction of high courts for ‘any other purpose’ is discretionary. In that sense the writ jurisdiction of high courts are of a very intrinsic nature. Hence high courts have the great responsibility of exercising this jurisdiction strictly in accordance with judicial considerations and well established principles. When ordinary legal remedies seem inadequate, in exceptional cases, writs are applied.

 

Types of Writs:

 

1. Habeas Corpus:  The meaning of the Latin phrase Habeas Corpus is ‘have the body’. According to Article 21, “no person shall be deprived of his life or personal liberty except according to the procedure established by law”. The writ of Habeas corpus is in the nature of an order directing a person who has detained another, to produce the latter before the court in order to examine the legality of the detention and to set him free if there is no legal justification for the detention. It is a process by which an individual who has been deprived of his personal liberty can test the validity of the act before a higher court.

The objective of the writ of habeas corpus is to provide for a speedy judicial review of alleged unlawful restraint on liberty. It aims not at the punishment of the wrongdoer but to resume the release of the retinue. The writ of habeas corpus enables the immediate determination of the right of the appellant’s freedom. In the writs of habeas corpus, the merits of the case or the moral justification for the imprisonment or detention are irrelevant. In A.D.M. Jabalpur v. Shivakant Shukla , it was observed that “the writ of Habeas Corpus is a process for securing the liberty of the subject by affording an effective means of immediate relief from unlawful or unjustifiable detention whether in prison or private custody. If there is no legal justification for that detention, then the party is ordered to be released.”

 

2. Certiorari: The writ of Certiorari is generally issued against authorities exercising quasi-judicial functions. The Latin word Certiorari means ‘to certify’. Certiorari can be defined as a judicial order of the supreme court or by the high courts to an inferior court or to any other authority that exercise judicial, quasi-judicial or administrative functions, to transmit to the court the records of proceedings pending with them for scrutiny and to decide the legality and validity of the order passed by them. Through this writ, the court quashes or declares invalid a decision taken by the concerned authority. Though it was meant as a supervisory jurisdiction over inferior courts originally, these remedy is extended to all authorities who issue similar functions.

The concept of natural justice and the requirement of fairness in actions, the scope of certiorari have been extended even to administrative decisions. An instance showing the certiorari powers was exercised by the Hon’ble Supreme court in A.K.Kraipak v. Union of India, where the selection was challenged on the ground of bias. The Supreme Court delineated the distinction between quasi judicial and administrative authority. The Supreme Court exercising the powers issued the writ of Certiorari for quashing the action. Certiorari is corrective in nature. This writ can be issued to any constitutional, statutory or non statutory body or any person who exercise powers affecting the rights of citizens.

 

3. Prohibition:  The grounds for issuing the writs of certiorari and prohibition are generally the same. They have many common features too. The writ of prohibition is a judicial order issued to a constitutional, statutory or non statutory body or person if it exceeds its jurisdiction or it tries to exercise a jurisdiction not vested upon them. It is a general remedy for the control of judicial, quasi judicial and administrative decisions affecting the rights of persons.

The writ of Prohibition is issued by the court exercising the power and authorities from continuing the proceedings as basically such authority has no power or jurisdiction to decide the case. Prohibition is an extra ordinary prerogative writ of a preventive nature. The underlying principle is that ‘prevention is better than cure.’ In East India Commercial Co. Ltd v. Collector of Customs, a writ of prohibition is an order directed to an inferior Tribunal forbidding it from continuing with a proceeding therein on the ground that the proceeding is without or in excess of jurisdiction or contrary to the laws of the land, statutory or otherwise.

 

4. Mandamus:  The writ of mandamus is a judicial remedy in the form of an order from the supreme court or high courts to any inferior court, government or any other public authority to carry out a ‘public duty’ entrusted upon them either by statute or by common law or to refrain from doing a specific act which that authority is bound to refrain from doing under the law. For the grant of the writ of mandamus there must be a public duty. The superior courts command an authority to perform a public duty or to non perform an act which is against the law. The word meaning in Latin is ‘we command’. The writ of mandamus is issued to any authority which enjoys judicial, quasi judicial or administrative power. The main objective of this writ is to keep the public authorities within the purview of their jurisdiction while performing public duties. The writ of mandamus can be issued if the public authority vested with power abuses the power or acts mala fide to it. In Halsbury’s Laws of England , it is mentioned that, “As a general rule the order will not be granted unless the party complained of has known what it was required to do, so that he had the means of considering whether or not he should comply, and it must be shown by evidence that there was a distinct demand of that which the party seeking the mandamus desires to enforce and that that demand was met by a refusal.”

 

5. Quo Warranto: The word meaning of ‘Quo warranto’ is ‘by what authority’. It is a judicial order against a person who occupies a substantive public office without any legal authority. The person is asked to show by what authority he occupies the position or office. This writ is meant to oust persons, who are not legally qualified, fro substantive public posts. The writ of Quo warranto is to confirm the right of citizens to hold public offices. In this writ the court or the judiciary reviews the action of the executive with regard to appointments made against statutory provisions, to public offices .It also aims to protect those persons who are deprived of their right to hold a public office.

In University of Mysore v. Govinda Rao, the Supreme Court observed that the procedure of quo Warranto confers the jurisdiction and authority on the judiciary to control executive action in making the appointments to public offices against the relevant statutory provisions; it also protects a citizen being deprived of public office to which he may have a right.

Welcome to New Education System 2020

 Thus to meet the need of 21st century , School education System  is  to convert  it to a 5+3+3+4 system  with 3 years  as pre -schooling. In a federal system , any reform can be made only with some  support from state and centre  who have taken the task of building an ambitious Plans. This process will help in eliminating  process of pedagogy , Structural inequalities and rampat commercialisation.  There will be  school examinations in  Grades 3 , 5 and 8  conducted by appropriate authority . A new  national Assessment centre  prakash will set up as  a standard -setting body  and thus the old system of examination of Grade 10 and 12  is  gonna re -designed.

The union cabinet on Wednesday  approved the New  Education policy . One of the major decision , the cabinet has renamed  the ministry of Human Resource and  Development  as ministry of Education. This decision of changing name came due to  recommendations listed in draft  on New Education Policy .
We already know about our education system ,regarding the poor literacy and Numeracy outcomes ,Drop out levels in middle  and Higher education failed to meet the aspirations for multi disciplinary Programmes.
Lets   speak  about  new reforms – 
1.Board  exams will test your  actual knowledge  and  not from root .
2.Mother tongue will be available till 5th standard  as instructions 
3.Report card will be on  skills  rather than on mere marks  and statements .
4.Pedagogical structure  reformed   as there will be no streams available
5.All seperation between vocational, acedemic , Curricular , Extra – curricular Will also be removed.
 
It is a new  national curriculum framework  for ECE , adult Education , and teachers.
  
360 Degree Hostilic progress card of child. It is tracking children to progress their Learning Outcomes. NTA to introduce common  enterance examination for admission to  HEIs. National professional standards for teachers . Book promotion policy and Digital  libraries. Transparent online self disclosure  for public oversight and  accountability.Public investment to reach 6 %  in Education sector . Fee fixation with Board regulation system .NEP will generate little friction like provision of an energy -filled breakfast , in addition to the nutritious mid – day meal , to help children achieve better learning outcomes. Creation of inclusion funds to help socially  and educationally disadvantaged people for pursuing Education.
Reforms in Higher Education
1.UG Programme -3 to 4 years 
2. P G programme -1 to 2 years
3 . M phil to be discontinued
4.Integrated 5 years bachelor’s / masters
 5. Multiple entry and exit 
6. Credit transfer
7. Flexibility of subjects 
8. Autonomous degree granting college.
9. All degrees will be of 4 years.

 Among all others , the deadline of achieving universal literacy and numeracy by 2025  should be a top priority goal  for progress. Bagless day to be encouraged throughout  the year for school students . The three languages will be learnt by students on their choice , state and region. Variable model for semester , annual and module papers. Exam will be twice a year, no more board  exam stress.
 The present Education system runned for 34 years from  1986 , its  after 34 years  new reform introduced in educational line. Our Government have the vision of creating  the country with youth ‘s of high quality education  and make global superior knowledge country.

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.