PUBG Addiction!

PUBG is a term you may have heard by now. It is an abbreviated version of Player Unknown’s Battleground. Basically, it is a video game which is a multiplayer fighting game. It is famous all over the world. However, having fun is not the answer. The game has become viral and is played by billions of people. Players are already addicted to this game. In addition, it affects their quality of life.

Effect of PUBG Mobile Game Addiction

When the game is released on Windows, get a rave update. Moreover, when released on cell phones, it was like a wildfire. The craze of the game spread among all age groups.

What started out as a hobby has now become addiction. It has a huge impact on the lives of the players and also leads to different criminal acts. For example, a boy committed suicide because of his addiction to a PUBG game.

The game is very disruptive to human studies. The students who should have been studying are spending their time in this game. This results in academic care and reduced levels of stress.

That’s because this PUBG game addict slows down their brain activity. Their ability to hold things in place and to focus on the lower. Even research shows that the academic performance of PUBG players has dropped dramatically.

Similarly, working people are addicted to the game. It disrupts their work and causes them to lose their sense of purpose. They are busy playing PUBG instead of focusing on their jobs. Plus, there are players who take leaves or skip meetings just to play this game indefinitely. Because of this addiction, they miss their last days and do not do their jobs.

How Can You Control PUBG Mobile Game Addiction?

We all know that in excess of anything bad, it could be a video game or whatever. However, one should know that we can control any addiction by taking appropriate action. First, try to reduce the time you spend on the game. To abruptly stop it is not possible to set a deadline and try to play it on a certain one.

Similarly, try to keep your mind on things. Don’t stay home. Go out and participate in physical activities. When you have other things to do, your mind will not focus on the game. So gather with your friends and enjoy some other activities.

Additionally, try to spend time with your family rather than on the phone or playing your game. When you are surrounded by your loved ones, you will not care about anything else. So, use your time wisely instead of playing PUBG.

In addition, the PUBG mobile game addict is damaging human relationships. Do it even as there have been incidents of separation and divorce as a result of this game. People spend all their time on this one instead of having their own family and friends. It disrupts their relationship and causes pain. Likewise, it has led to many murders and suicides.

Right to Privacy – The road travelled so far

By Udbhav Bhargava

In the Indian context, the perspectives on and the notion of privacy as a right per se, have evolved over a large period of time, encompassing decades. Within this time period developed several factors that influenced the very definition of privacy. Advancements in communication, biometric, forensic and surveillance technologies, increased internet accessibility and increased awareness and participation in democratic processes. These factors indirectly influenced a series of Supreme Court (SC) judgments that ultimately led to the recognition of the right to privacy as a fundamental right implied in the legislative intent of the Constitution. The study provides a detailed analysis of these judgments and highlights the change in judicial perspective concerning privacy as a fundamental right, as well.

Four years after the newly drafted Constitution came into effect, the decision delivered by the 8-judge bench of the SC in MP Sharma vs Satish Chandra (1954) denied the recognition of right to privacy. The case challenged the constitutionality of a search and seizure of documents from an individual on the grounds of privacy. Whereas the main issue placed a question on the validity of such procedure in the light of fundamental rights mentioned in Article 19(1)(f) and Article 20(3). The bench held that the power to search and seize is an overriding power of the state for the protection of social security and is mandatorily regulated by law, hence it does not find it necessary to regulate the power through another fundamental right.

Arrests based on preventive detention, inspection visits, wiretapping, search and seizures and other forms of surveillance measures have implications associated with several dimensions of law, such as privacy, tort law, criminal law, etc. and unchecked use these powers can severely threaten an individuals’ security and enjoyment of his private property. The American Fourth Amendment conceptualized the notion that “each man’s home is his castle” and laid down the foundation for laws concerning arbitrary arrests and forms of surveillance having a core relation with criminal and privacy laws. But the constitution-makers did not find the utility of including provisions analogous to the contemporary Amendment that subjected the exercise of these measures to certain limitations.

Later though, the SC in Kharak Singh vs State of UP (1962), for the first time, recognized privacy as a right but not a constitutional right. The petitioner, accused of dacoity, was acquitted for lack of evidence but was kept under constant police surveillance through night domiciliary visits, secret picketing of house, tracking of movement, and frequent inquiries. The petitioner filed a writ petition challenging the surveillance provisions on grounds of violation of his fundamental rights. The six-bench judgment stated that surveillance in form of domiciliary visits was unconstitutional, as it was not justified and was “a direct and tangible and infringement of personal liberty”, though, other methods were not capable of such infringements. The dissenting opinion of Justice Subbarao recognized the right to privacy as an essential component of personal freedom awarded under article 21.

In Govind vs State of MP (1975), the petitioner challenged the provisions in the Police Act, 1961 regarding domiciliary visits as being violative of the fundamental freedoms mentioned under Article 19(1)(d) and 21. Though the validity of the acts was upheld on reasonable grounds of prevention of crime, the SC recognized that every individual has a “fundamental right to privacy” that stems from the fundamental freedoms of movement, speech, and personal liberty. However, it was made clear that the right is not absolute can be subjected to reasonable restrictions.

The SC in both Peter Samuel Wallace vs Inspector General of Police (1981) and Sunkara Satyanarayana vs State of AP (1999) declared the domiciliary visits and secret picketing conducted by police as unconstitutional. While acknowledging the minority opinion in Kharak Singh case to be correct, the Court held that such measures hamper enjoyment of private property, account for trespass, affect the dignity and contravene the personal liberty (Article 21) and the fundamental right to privacy.

The Court emphasized that state police provisions regarding such measures have the force of law and would not always pose an unreasonable restriction on the right to privacy and are reasonable for the compelling public interest, as laid down in the Govind case. Thus the provisions cannot infringe the guaranteed under Article 21, for it mentions that no person shall be deprived of his life or personal liberty except by the procedure established by ‘law’. Therefore, it proclaimed that domiciliary visits and picketing shall be strictly limited to those convicted individuals that pose a threat to public security.

In R. Rajagopal vs State of TN, the Court analyzed several landmark English, American, and Indian judgments pertinent to privacy to conclude that an individual possesses a right to defend the privacy of his own, his family, marriage, procreation, motherhood, child-bearing and education among other matters. Any publication of information regarding the above matters done without the prior consent of the person, irrespective of nature of information, shall be a violation of his right to privacy.

Publication of any information intrinsic to the privacy of the person, truthful or otherwise, without his consent can result in serious harm to his dignity, thereby violating the right to life and personal liberty. This landmark judgment was the first to recognize the right to privacy as implicit to the fundamental freedoms and expanded the definition of privacy, earlier limited to security against arbitrary physical interference.

Telephone interception can be used as a means of technological eavesdropping. A proliferation of telephonic communication has been witnessed post-independence. Sophisticated advancements in communication technology have greatly eased access to this shared information, rendering it susceptible to misuse. Both the central and state governments have equipped with statutory powers to intercept telephonic communication since the very inception of the wired communication in the country. Section 5(2) of the Telegraph Act, 1885 bestows the state the authority to intercept telephones in the public interest or in an emergency.

The case of People’s Union for Civil Liberties vs Union of India highlighted that the said Act only lays down the conditions under which permitted interception can take place but lacked any procedural safeguards that ensure the reasonable exercise of such powers. The judgment imposed mandatory regulations such as prior issuance of orders from Home Ministry for any interception, necessity of information must be taken into consideration and any order issued shall have a life of two months.

The introduction of biometric systems added new facets to the identity of a person. Fingerprints and retina scans are information unique to every human being and are capable of being stored, gathered and verified digitally. These characteristics of biometrics have enabled breakthroughs in forensics sciences and have assisted authorities in effectively tracing criminals and fugitives. The applications of this technology are limitless. As biometric identifiers become cheaper, dependable, and more convenient, they will be extensively deployed in various aspects of human ecosystem, for instance, law enforcement, physical security systems, border security, smart access systems, ease of access, identification schemes, etc.

But biometrics is like a double-edged sword. While the use of biometrics is not intended to invade privacy, but often the manner in which digital data is generated, collected, evaluated, and probably linked to other personal data poses alarming concerns about the fading boundaries between security and privacy and security and surveillance. The complexities that emerge from these systems are numerous and increasing.

In 2014, the Central Bureau of Investigation demanded access to the Aadhaar biometric database assembled by UIDAI for criminal investigation. Consequently, an ad-interim stay order of the apex court prevented UIDAI from sharing biometric information and Aadhaar number of any individual to any other entity without obtaining the written consent of that individual.

In the succeeding year, retired high court justice K.S. Puttaswamy challenged the constitutional validity of the Aadhaar identification scheme contending that it is in contravention of right of privacy. The issues raised demanded expression of the current constitutional status of this right with respect to contrary decisions in MP Sharma and Kharak Singh cases that denied the existence fundamental right of privacy. The petition filed was addressed by a three-judge bench. The matter was transferred to a nine-judge constitutional bench in order to answer the questions of law unearthed in the analysis.

The then-Attorney General on behalf of the respondent submitted that the Constitution does not provides specific provisions for the protection of right to privacy and for this reason, no such right is guaranteed under the right to life and personal liberty, hence, Article 21 had no role in MP Sharma and Kharak Singh judgments. Before the nine-judge bench, the petitioner argued that this right was an independent right, guaranteed by the right to life with dignity under Article 21 of the Constitution

The court employed principles laid down in the decision of R.C. Cooper vs Union of India, wherein, the eleven-judge bench found that fundamental rights are not a set of distinct unrelated rights and discarded the ‘watertight-compartment theory’ of A.K. Gopalan judgment. These principles had assisted several SC decisions that held that right to privacy is a fundamental right.

The court analyzed different issues concerning privacy to facilitate a clear assessment.

(i) Privacy of an individual is susceptible to abuse by state and non-state entities; hence protection can be claimed against both the entities.

(ii) Informational privacy is an aspect of the right to privacy arising out of an individual’s right to exercise control over his personal cyberspace and data. Unauthorized access to personal information can result in a violation of privacy.

(iii) Right to life and personal liberty is a concept that has expanded through several judgments to include rights that the court feels, legitimately flow out from it.

The unanimous decision held that under Article 21 of the Constitution of India, the right to privacy is protected as an intrinsic part of the right to life and personal liberty as well as the freedoms guaranteed by Part III of the constitution. The decision overruled the MP Sharma judgment entirely and Kharak Singh judgment to the extent it explicitly denies recognizing the right to privacy. The Court, however, acknowledged that the right was not absolute but amenable to restrictions provided in the law, that are consistent and aligned to the State’s legitimate objective and proportionate in measure.

The apex court indeed emerged as the constitution’s sole guardian by creating a regulatory framework for protection of privacy in the country. It perfectly created the boundaries between security and surveillance, enforcement and curtailment of fundamental rights, and protection and suppression of the right to personal liberty.

Conclusion

The cases presented in the study portray the gradual but volte-face change in perspective of the Supreme Court on privacy. The change is a clear indication of the fact that privacy is a dynamic concept. Privacy as a right cannot be absolute and cannot be defined in broad terms, owing to its frequent interaction/clashes with the interests of the state. Scientific and cultural advancements have contributed to the expansion of concept of privacy, as highlighted in the above cases, in turn, making it broad and complex. Hence alleged violations of privacy shall be amenable to judicial scrutiny, or else, they may either, threaten the constitutionally bestowed freedoms or pose impediments in realization of objectives of the state.

“Today’s Youth-Tomorrow’s Leaders’

“The Future depends on what you do today” These words were said by Mahatma Gandhi. For today’s youth to be tomorrow’s leaders, they need to have a good foundation. Both in terms of education and extra curricular activities. Youth of today should be exposed to their countries socio economic fibre and cultural richness so that when they becomes leaders they know what contribution they need to make for their individual self as well as country’s growth. The future of any country always lies in the hands of their youths and grooming the youth of today is what will help country build good leaders for tomorrow.

Leaders take responsibility for their team. They guide them, direct them and lead them to success.

What does it take to be a true leader? Is this generation of youth prepared to take the lead of a movement that stands for positive change? Some are doubtful, believing our children are too distracted with pop culture video games and reality shows to have a clue.

What do we have to do to cultivate or transform today’s youth into leaders who, for example, could discern the ideological difference between Democrats and Republicans? Most teenagers wouldn’t have a problem breaking down the pros and cons. What are the qualities of a leader? How can we instill those qualities in our youth? Here are a few:

Courage: It takes courage to do the right thing when most of your peers do not.
Humility: Sometimes your personal agenda may conflict with the needs of many. A true leader will make the selfless sacrifice.
Wisdom: A leader makes wise decisions that may not be popular but are in the best interest of those around him or her.

If you are a young person, how aware are you of current local and world events? Are you prepared to assume a leadership role that brings about change?

By educating people in decision-making and arming them with effective methods, we will enable them to tackle their decisions in a more enlightened and empowered manner. Today’s youth are tomorrow’s leaders. Clearer thinking about decision-making will yield profound benefits for us all.

Young people have important responsibilities towards their country. It is important to learn from the past and to live with a hope for a better future, a future that is appropriate for our children and future generations.
The future generation has a duty to be honest, genuine, of good values and to work day and night for the betterment of the society and the country. Young people have a duty to use their skills, strength, creativity and imaginations to serve the country and the nation in the best possible manner. These are the young people who can make the difference, because they are the backbone of a nation and can build a bright future for society based on values and courageous behavior.

Country’s future depends upon how the youth is shaped. However, the young generation must be honest, loyal and must be accorded with moral values.

WORLD’S FIRST COVID-19 VACCINE TESTED SUCCESSFULLY

A university in Russia tested the world’s first COVID 19 vaccine successfully. Russia’s university named Gamaliel institute of epidemiology and microbiology began the clinical trials for testing the vaccine on 18^th June. It was tested on volunteers at the Sechenov First Moscow State Medical University. This information was confirmed by the director of the Institute for translational medicine and biotechnology, Mr Vadim Tarasov. He further went on to say that the first group of volunteers would be discharged on the Wednesday of the second of July.

The director of the institute of medical parasitology, tropical and vector-borne diseases at Sechenov University, Mr Alexander Lukashev, stated that the objective of the study conducted was to the vaccines is safe for human health. He further said that the objective was successfully achieved.

“The safety of the vaccine is confirmed. It corresponds to the safety of those vaccines that are currently on the market,” Lukashev told Sputnik.

The further vaccine development plan is already being determined by the developer’s strategy, including the complexity of the epidemiological situation with the virus and the possibility of scaling up production, Lukashev added.

“Sechenov University in a pandemic situation acted not only as an educational institution but also as a scientific and technological research centre that is able to participate in the creation of such important and complex products as drugs … We worked with this vaccine, starting with preclinical studies and protocol development, and clinical trials are currently underway,” Tarasov noted.

After over six months of novel coronavirus outbreak, which has infected more than 12 million people and killed over 500,000 all over the world, the clinical trials of the purported world’s first coronavirus vaccine have been successfully completed.

While over 7 million virus-infected people have recovered so far, scientists and other healthcare systems worldwide are trying to upgrade the production and development of a potential Covid-19 vaccine as soon as possible.

Gilead Sciences, Oxford University’s researchers and American biotech company Moderna are at the forefront of developing a Covid-19 vaccine. However, Gilead Sciences Inc. said earlier that an analysis showed its antiviral remdesivir helped reduce the risk of death in severely ill COVID-19 patients, but cautioned that rigorous clinical trials were needed to confirm the benefit.

Moreover, BioNTech SE and Pfizer Inc.’s Covid-19 vaccine candidate is expected to be ready to seek regulatory approval by the end of 2020, the Wall Street Journal reported on Friday, citing the German biotech firm’s chief executive officer. The experimental vaccine, which showed promise against the fast-spreading respiratory illness in early-stage human testing, is expected to move into a large trial involving 30,000 healthy participants later this month, pending regulatory nod.

Russia is the first nation to successfully complete the human trials of the corona virus vaccine. It has been many months since the deadly virus shook the world with its intensity. Other countries are also trying their best to find a beneficial solution and put an end to this pandemic. I really hope we can all overcome these testing times and hope for a brighter future.

Transgenders still not accepted

Whether they’re homosexual or someone from LGBTQ, they ‘re all trying to be acknowledged by humans.Because of us humans who want to deceive them quickly, abuse them with terms like hijra, kinner, jogta, and so on, they find it more difficult to survive in this world.They do not have sufficient housing, enough food , clothes, and because of their identity they are not recognized in any employment, but they have not given up on themselves.They ‘re only struggling to live through raising money by begging or whatever means is accessible for them.They are still fighting for their freedom by morchas, introducing laws, and eventually, although they succeeded in passing the law in 2019, taking their identity to the third class, they somehow did not fail to satisfy their other rights.

Failure of 2019 bill:

Since the Transgender Persons (Protection of Rights) Act 2019 passed, none of the transgender persons were pleased.And immediately on the 4th day after the bill passed, the leaders of the transgender group marched through Delhi’s queer pride parade to raise their complaints over the new legislation..The problems with proposed legislation are:

1.The first limitation they objected to was to appeal to the District Magistrate for an Identification Certificate showing their gender as “transgender” and to seek a modified Certificate While a transgender individual is having surgery to change their gender either as a man or as a female, they said that it would be a direct breach of NALSA, which upheld the right to self-determination of gender .

2.Moreover, whether a transgender person decides to pursue sex-reassignment surgery and be classified as a male or a woman, this legislation does not make explicit that sex-reassignment surgery will be given free of charge or at a discounted rate. besides that, since they can not bear an immense amount of money, this is the only justification for identification verification without which a transgender person will not be eligible to receive official documentation.

3.Although the purpose of this law was to prohibit discrimination, it did not even provide any concept of discrimination addressing the scope of discrimination experienced by transgender people.

4.This bill only makes “sexual abuse” punishable, with a prison term of up to two years, does not define acts that constitute sexual offences, making it more difficult for transgender people to report such crimes as victims of sexual abuse. However, this bill legally penalizes discriminatory behaviour and denies equal protection in law.

5.This bill also does not provide reservation in education and employment for transgender persons.

6.This legislation did not mention their civil rights, such as marriage, civil unions, adoption and property rights, as well as social protection and pension benefits, thereby seeking to deprive transgender people of their human rights and the legal assurance provided by NALSA’s Supreme Court.

Despite of these limitations transgenders also do not entirely gain their civil and human freedoms, so they are now protesting to the courts about the same, but the courts have not yet accepted their appeals and are trying and prolong the deadlines and allow more amendments to the legislation.

For years, transgender people have been exposed to violence and it is dehumanizing that they are deprived their identity, appearance and, above all, their basic human rights.. The Act, in its current form, seeks to drive them into obscurity, insulting their sacrifices while refusing to protect their fundamental freedoms for them. While the group is concerned because the Bill has become a law without any attempt to make legitimate or appropriate adjustments to its original structure, it is worried with whether it can meet the community’s immediate issues.

It only hopes that the National Council for Transgender People would allow the legislation to be applied more favourably and thereby have further forearm space for legitimate cultural members that the Bill itself failed to accommodate. The Rajya Sabha will consider the significant differences in this inadequate Bill and submit it for further analysis.

Vehicle manufacturers facing less sales in India

Automobile sales in June improved a lot compared with sales in May, but they still have to catch up when it comes to year-on-year comparison, across all the segments. For instance, in the passenger vehicle segment, market leader Maruti Suzuki India reported total domestic sales of 51,274 units in June, down 54 per cent from 1,11,014 vehicles sold in the corresponding month last year. Similarly, Hyundai Motor India reported sales of 21,320 units, down 49 per centcompared with 42,007 units in June 2019. The director of sales, marketing and service Tarun Garg at Hyundai said: Our newly launched products like the all-new Creta, Verna, all-new Aura as well as traditionally strong brands like Elite i20, Venue, Santro and Grand i10 Nios have been receiving an encouraging customer response. Veejay Nakra, Chief Executive Officer, Automotive Division, Mahindra & Mahindra, said the automotive industry has started to see recovery both in the passenger and small commercial vehicle segments. The company sold 8,075 units of utility vehicles in June, down 57 per cent compared with 18,826 units in the same month last year. But, like others, it’s sales have grown when compared with May.

This has been led by rising rural demand and movement of essential goods across the country. Our key brands such as Bolero, Scorpio and Pick-Up, are all seeing good traction. Managing the supply chain will be our key focus area as we ramp up production to meet this increased demand, Japanese subsidiaries of Toyota and Honda also reported decline in sales in year. Interestingly, Chinese-owned MG Motor India recorded sales of 2,012 retail units in June as the carmaker witnessed an increased traction in the markets for both its product lines the updated BS-VI versions of the MG Hector that recorded sales of 1,867 units and the MG ZS EV with sales of 145 units.

Two wheeler sales in India

In the two-wheeler segment, market leader Hero MotoCorp recorded sales of 4,50,744 two-wheelers in June, down 27 per cent compared with 6,16,526 units in corresponding month last year. However, on month-on-month basis, sales have improved a lot as the company sold 1,12,682 units in May. Sales of over 4.5 lakh two-wheelers in a highly disrupted month is also a clear signal of the resilience of the Indian economy to be able to revive in the face of any adversity. This has vindicated our strong belief in the robust fundamentals of the Indian economy Honda Motorcycle and Scooter India also said June turned out to be the first confidence booster. The company sold 2,02,837 units of two-wheelers in June, down 55 per cent, compared with 4,50,888 units in June 2019.

In the commercial vehicle segment too, sales have improved from May. Vehicle brands in India faced lot of problems in sales during the covid-19 situation and still they are facing the same problems with less sales count and the overall rate of customer is on a decline, In the county like India people spend their hard-earn money at a right time and a for a right value product only.

Mi Notebook 14 inch will be available soon for sale on e-commerce websites

Mi Notebook 14 and Mi Notebook 14 Horizon Edition will go on sale today at 12pm (afternoon) via Amazon and Mi.com. Smaller and smaller laptops were switched on in India in early June. Laptops boast clear bezels and 10th gen Intel Core processors, as well as Nvidia GeForce discrete graphics card options. Mi laptops come with many layouts and one color option each. Mi Notebook 14 and Mi Notebook 14 Horizon Edition have a sandblasted coating coating and no built-in web camera.
Mi Notebook 14 is available in three settings. 8GB RAM model and 256GB storage price for Rs. 41,999 while the final 512GB model costs Rs. 44,999. The 512GB model is available with the Nvidia GeForce MX250 GPU and costs Rs. 47,999. The Mi Notebook 14 comes with a single silver color option.
The Mi Notebook 14 Horizon Edition comes with two upgrades, one with a 10th generation Core i5 processor with a standard SSD and the other with a Core i7 10th generation processor with a faster NVMe SSD. While, Core i5 model costs Rupees. 54,999 and the Core i7 model costs Rupees 59,999.
Both laptops will continue to sell starting at 12pm (afternoon) via Amazon and Mi.com (1, 2). Laptops will also be available at Mi Home stores.
Mi.com has something to offer on both laptops for interested consumers. You can stand up to Rs. 2000 refunds with HDFC Bank cards and simple EMI, no cost to EMI with BFL EMI Network card, and no cost to EMI on selected cards ranging from three months to nine months.
Details of Mi Notebook 14
Mi Notebook 14 runs on Windows 10 Home and incorporates 14-inch pixels full 1920×1080 pixels display with 16: 9 aspect ratio. The laptop is powered by 10th generation Intel Core i5-10210U processor, integrated with up to Nvidia GeForce MX250 models and 8GB of DDR4 RAM clock at 2,666MHz. Comes with up to 512GB of SATA SSD storage.
There is a 46Wh battery in the Mi Notebook 14 which is said to last 10 hours for one charge. Connection options include Wi-Fi, Bluetooth v5.0, 3.5mm jackphone, dual USB 3.1 ports, USB 2.0 port, HDMI port, and USB Type-C transmission port data and charging. Audio is handled by two 2W speakers with DTS audio transmission. The Mi Notebook 14 weighs 1.5kg.
Depending on the audio, the Mi Notebook 14 Horizon Edition comes with two stereo speakers and includes DTS audio processing. Xiaomi has installed a laptop with a 46Wh battery that is available for 10 hours of single charge and can go from 0 to 50 percent in just 35 minutes.

Mi Notebook 14 Details of Exon Edition
The all new Mi notebook works on the latest windows 10 home version 2004 and with a lifetime activation with office 365 pre-installed in it. The Mi Notebook 14 Horizon Edition is powered by a 10th generation Intel Core i7-10510U, paired with a Nvidia GeForce MX350 GPU and 8GB DDR4 RAM clock at 2,666MHz. The laptop can be fitted with 512GB of NVMe M.2 SSD storage with a bandwidth of 3,000MBps.

INDIA AFTER NIRBHAYA

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

LAWS AFTER NIRBHAYA

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

THE AFTERMATH

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

Being happy is so boring

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

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

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

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

Police Brutality: a socially accepted crime?

A “JUSTIFIED” CRIME :

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

HYPOCRITICAL APPROACH:

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

CONCEPT OF FAIR TRIAL:

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

CONCLUSION:

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

National Simplicity Day-2020

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

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

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

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

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

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

Simplicity Day can lead the way!

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

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

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

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

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

Sanitary Napkins – Problems Of Usage In India

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

– Judy Grahn

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

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

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

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

Physical aspect

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

The environmental aspect

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

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

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

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

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

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

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

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

Genital hygiene

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

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

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

Poverty reasons

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

Lack of Sanitary Napkins and Adequate Facilities

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

Superstitions & Lack of Awareness

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

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

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

Lack of penetration & poor quality

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

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

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

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

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

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

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

Lockdown:Still a Horror Show For Minor Girls

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

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

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

The Odisha Tribal girl case

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

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

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

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

Jayapriya Case

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

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

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

Father-daughter Case

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

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

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

EFFECTS OF SEXUAL VIOLENCE/ASSAULT ON SURVIVORS

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

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

LEGAL SYSTEM AND PEOPLE

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

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

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

NEED FOR SOCIAL TRANSFORMATION

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

CONCLUSION

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

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

sources:

1.timesnews

2.thehindu

3.shethepeople

CHARGE UNDER TRANSFER OF PROPERTY ACT, 1882

INTRODUCTION

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

AS DEFINED IN TPA, 1882:

Section 100 of the TPA, 1882 defines charge as,

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

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

It says that:

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

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

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

MEANING:

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

If charge is attached to the property charged?

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

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

Case Law:

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

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

EXCEPTIONS TO CHARGE

Charge of a trustee

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

Transferee who had no notice about the charge

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

ESSENTIALS OF CHARGE

IMMOVABLE PROPERTY

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

DOES NOT AMOUNT TO MORTGAGE

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

Case Law:

MatlubHasan v Mt Kalawati^{^[5]}

It was held that:

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

KINDS OF CHARGE

CREATED BY ACT OF PARTIES

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

ARISING BY OPERATION OF LAW

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

Vendors charge for unpaid purchase money

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

Vendees charge for purchase money paid in advance

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

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

CASE LAWS

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

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

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

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

Debendra Chandra Roy v. Behari Lal Mukherji and Anr.

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

CONCLUSION

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

[1] Section 77, Companies Act, 2013

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

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

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

[5] 147 IC 302, AIR 1933 All 934

[6] 1991 (2) ALT 361

[7]15 IndCas 666

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Genital hygiene

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