Category: law and order

The Third Gender: The Everyday Struggle as “Other”

Before the case of National Legal Services Authority v. Union of India affirmed the term ‘The third gender’, India had different expressions for people who tick on the ‘other’ checkboxes. The gender is defined as people who do not conform to the organic sex’s identification or conduct. After this ostracised gender went through derogatory behaviours and name calling, our society has finally changed a lot to accept their existence. But the acceptance is still bound by “what they are” and “how they are”. This estimated one million community has never got a ‘first class’ lifestyle. The disparities are not restricted to the societal stigma on their existence but also every day discrimination and denial of human rights.

The Constitution of India guarantees rights and protections to all humans in general. The only distinction in this regard are the reasonable restrictions except which no discrimination on the grounds of sex, religion, caste or creed is not tolerated. Even after the constitutionally guaranteed political and other benefits, the third gender community still finds itself in the same position. The issue that these laws are not implemented, that the gender finds itself more often than not without a job in the respectable positions is an unavoidable truth in which inequality is an everyday affair.

This particular issue took the light when Air India was brought to the court for refusing an airhostess job claiming she was a transgender and that the post was only reserved for women. The denial is an act which is banned by law. The question on how the gender forms a reasonable nexus with the description of job calibre is arbitrary and undoubtedly, is an infringement of equality under Article 14. The denial also violates Article 15 for infringing the prohibited discrimination on the basis of sex. Article 21 fnds as the personal dignity of the gender stands into question. The struggle as ‘other’ is not merely the name calling but also the opportunities since that lies as the only one through which the gender would be respected and could also afford to grow in their lives. Most of this gender related issues are not only connected to the societal issue but also because of their lifestyle due to the lack of resources and opportunities limiting them to only begging, which more often than not, is a bad business with no security.

When the Constitution sought to remove the untouchability issues, along with the guaranteed rights under Article 17, there were also reservations and job opportunities that the issue has almost been demolished and seen in only backward areas.

But a major issue that crosses between the blinking of an eye is the fact that the reservations bring lifelong recognition under the same society. The passing of Transgender Protection Act, 2019 starts on the wrong foot. The various instances where the Act does not take in the consideration of trans-activists puts the first question on the upliftment.

The most serious flaw that remains is the process of trans-people changing their documents to reflect the identity. The new law sets up a two-step process. Firstly, it requires the person to apply for a “transgender certificate” from the District Magistrate of the particular location. This specific part can be done on the basis of the person’s self-declared identity. Only for this step does the certificate holder gets eligible to apply for a “change in gender certificate,” which is to change the legally declared gender to a male or female. However, this second step requires the person to provide different documents such as surgery proof, issued by a hospital official, which is again sent to the District Magistrate for a second evaluation. It also requires the officials to be “satisfied with the correctness of such certificate.”

One important factor to notice here is that it sets an extraordinary amount of power with one government officer who might have the only power to abuse the position or arbitrarily “qualify” to the gender as required to be recognized as who they are. It also pressurizes people into medical procedures they might not want or might be comfortable with. Such a forceful act is in itself a fundamental rights violation made by the government officials.

Repetitively the Indian courts have long held that trans people deserve the government’s recognition on their own terms and with actions which are assimilated from their demands, without mandatory intervention or discrimination but the same has been dismissed.

Improvement in the status of the transgender community needs to be a collective effort in order to empower the discussed community in the workplace and to reduce the social stigmas which could also end up improving their economic position. Although the Act only puts an onus and does not place legal requirements on the people concerned, in view of the changing the dynamic status. However, preparing such an Indian workspace for an inclusive approach towards transgender individuals is going to be a continuing uphill task and accommodating such societal change of this magnitude is definitely going to be a slow process in India.

FIRING THE BLAME BULLET

The popular game PUBG has weapon attachments that reduces weapon recoil. It makes life easier for the players. Recoil is the backward movement of a gun when a bullet is discharged. It is helpful to know which attachments help players to shoot better and more effectively without hurting themselves in the process due to the tremendous force at which the shots are fired.

In real life when we point the gun at someone, how badly are we affected?

Well fortunately for us, in India, there exists some tight Gun laws except for the water guns’ kids play with during Holi and Gangsters. Hence here I talk about the abstract gun which fires the Bullets of Blame on others. Pointing finger at anybody who is in sight, was my favorite thing to do in any situation.

The blaming gun can also point upwards or inwards. When it points upwards, we blame the Creator for being unintelligent or uncaring or even non-existent. When it points inwards, we beat ourselves down with self-recrimination, “I am good-for-nothing,” ending up unnecessarily with inferiority complex.

How many of you, like me; are blamers? How many of you, when something goes wrong, the first thing you want to know is whose fault it is? Well Hello there, I’m the former winner of the Miss Blamer Pageant and the magnitude to which I blamed others with respect to everything that went wrong in my life was comical.

I’m in my house. I have on white slacks and a pink sweater. I’m drinking a full cup of coffee in my kitchen. I drop it on the tiled floor. It goes into a million pieces and splashes up all over me. And a millisecond after it hit the floor, right out of my mouth comes this: “DAMN YOU CHINA!” For purposefully making these cups so shiny and slippery. Now my entire kitchen is infected by the tiny pieces of ceramic (China clay). The kitchen has to be quarantined until I clean it up…or somebody else cleans it up, never mind.

Now as I have aged, I realized- I’d rather it be my fault than no one’s fault. BUT WHY? Cause it gives me some semblance of control. Blame is simply the discharging of discomfort and pain. It has an inverse relation with accountability. What is the difference? Well accountability by definition is a vulnerable process wherein I confide to you, “Hey my feelings were really hurt by the things you said/did.” Blaming is simply a way to express anger.

People who blame a lot seldom have the tenacity and grit to actually hold people accountable because we spend all of our energy raging for 15 seconds and figuring out whose fault something is. Blaming’s very corrosive in relationships and it’s one of the reasons we miss our opportunities for empathy. Because when something happens and we hear the story, we’re not really listening, we’re in the place where I was – making the connections as quickly as we can about whose fault it was.

SO, DO I START BLAMING MYSELF FOR EVERYTHING?!

In the spiritual path, self-blame is the most dangerous thing. Firstly, stop blaming yourself and others. We don’t have to point the gun at others or our own heads. Let us drop the gun and never pick it up, ever again.

Secondly, we need to come out of the Destiny’s Illusion. Never focus on what you can’t do, focus on what you can do. If we keep on focusing on what we can do- Then even if you believe in destiny, it will be a good one for you. Blaming your destiny will close doors to all the wonderful opportunities waiting for you.

A child runs a race with his full speed & energy and yet comes last in it. Losing the race was not his fault but taking part in the wrong race is definitely a mistake worth correcting. To simplify- Making a mistake is not your fault but doing it without your interest in it, is a mistake that can be rectified.

To solve the problem, we need; not a blaming bullet, but a helping hatchet. Not a blaming finger but a helping hand. Making mistake is in our nature. Acceptance of mistake shows our culture and correcting the mistake is progress. I do accept that spilling that damn coffee was my fault, however damn you CHINA for making the cup which broke and spread on the entire floor leaving my kitchen dangerous to walk on freely. * Gun drop * I meant MIC DROP…..phew!

Global Diplomacy: The United Nations.

  • The name “United Nations” appears true only in books but in reality it seems like a contest for nations to prove their dominance and power individually. The diplomacy comes off to be biased. The World today is owned by corporate and the UN follows through. The actual role of united nations should be to rise above the competition and work as ONE UNITED PLANET towards climate change, global pandemic, poverty and financial slavery.

Though it is non-arguable that UN has helped bring forward issues like Women Empowerment, Poverty, Health, Education, etc. on a global platform. The real question is, are these issues solved or they have been piled upon by newer issues day by day.

But on a positive note, the UN has made progress in its peace making strategies and providing financial and healthcare aids to the countries in need. If not for this organisation then there would have not been a diplomatic relationship between nations and war would be the ultimate solution to all inter-nation problems.

Just because a medicine has side-effects does not mean it cannot be used for treating the illness in hand. Similarly, it is easy for anybody to make war but only the united front can make peace and prosperity!

  • The UN came from the minds of some of the renowned politicians of the western countries. When the super power nations felt their security and peace was under threat they collaborated with like-minded ones against the equally powerful nations. Powerful only in military and vengeance and the greed to conquer. According to human psychology (basic), a man desires power more than water for thirst.

From all the glorifications I read about this organisation, UN rose from the ashes of the war like a phoenix bird. Very beautiful and powerful bird- a phoenix-their tears have healing powers. One can say that United Nations came into existence to act as the panacea to diseases like violence, death and fading humanity.

But is the origin really important to determine its worth in the present scenario is something to ponder upon. Today UN works for a cause which it was originally built upon; irrespective of its results, – promotion of peace with its symbol the white dove soaring high, its wings flapping, freeing itself from the shackles of slavery of power, money, greed and hate.

Born in times of desperate times it can be regarded as an invention by man in the time of dire need. As we all know – “NECESSITY IS THE MOTHER OF ALL INVENTIONS!”

  • The UN Security Council consists of 5 permanent members and 10 temporary members all with a right to vote however only the permanent five have the right to veto. The word itself suggests that the council was made to resolve the security concerns of nations and to make peace among them.

 Today, the Council responds to three types of situations:

  • (1) chemical, biological, radiological and nuclear weapons proliferation; (2) international conflict; and (3) intra-state conflict. More recently, the Council has also developed a (4) cross-cutting and (5) quasi-legislative agenda.

The above decisions and powers in the hands of the council sounds safe however it is not the situation in reality. There has to be an expansion of the members instead of giving all the authority in the hands of the few. This will help in avoidance of partiality or constant disagreement that has been happening since the council has been formed. Though it has never successfully managed to make any notable reforms , it is one of our best option to resolve the security threats and war like situations in many countries and their estranged borders.

  • Human rights are the rights we are all entitled to irrespective of the place of birth or the time of birth. The core of United Nations is built upon the protection and service towards human rights and its associated freedoms. However due to international politics and superpower nations greed to stay on top of others and world domination has endangered the human rights of developing and under developed nations. Human rights have become a selective freedom provided to only those who can afford it without any restrictions. In my country citizens think that they are not worthy of having human rights as they think only the rich and developed nations are fortunate enough to have human rights that too the basic one’s. In recent events of racism ad discrimination on the basis of colour and financial status, what is the united nations enforcing laws to stop the fights  to avail basic human rights. People have to come on streets and protest later developing into riots in order to practise their rights and enjoy the freedom of being born as a human on this planet.
  • The united nations in the past has failed in crisis management because of the disagreement between it’s member nations and security councils. Due to the interference of the security council the  situation was aggravated rather than being put out or quite down. Rather than focusing on the crisis at hand it focuses on the political relations of that country with the members of the united nations and then it takes the necessary actions that too not quick or decisive but slow and of poor quality. However by putting the past back the united nations can improve on its crisis management skills by being in constant touch with the country and states local administration and education people on a personal and more localised manner rather than representing it as a political agenda or foreign policy which puts the civilians in a mind-set of confusion and feeling of unsafe and non trustable environment.
  • Today a question arises on the future of the United Nations and will it still prevail in the modern world where people are becoming rather too aware and will want a more secular council, one which works one which provides solutions, one which is actually true to its purpose of being formed.
  • During the 2020 Global Pandemic the true face of UN is being put to test and how it acts now to maintain peace among nations will say a lot about its existence in the future or will it be left to be just pages in history textbooks.

Just wishing for once if we had leaders who cared about the upliftment of the entire nation and not just the name of their political agenda and parties. The world needs educated and selfless leaders and hopefully in the future with my generation in the front we will represent a better council than these old ways and barbaric wars.

Is Media a fourth pillar of democracy?

16 December 2012: A severe assault and murder, prevalently known as “NIRBHAYA GANG-RAPE CASE”, shocked the country. A student, in Delhi, was coming back to home, late night, with a companion. Shockingly, when they couldn’t discover a vehicle late night, they took a transport, which had just six individuals other than them. She was severely assaulted by these six who were tanked, including one who was under 18 years and was generally ruthless among all. Her companion was additionally beaten and left oblivious. Them two were tossed out of the transport, stripped, after the episode. This case offended individuals and entire country saw numerous fights and rallies. Introductory numbness of the individuals passing by and organization intensified the circumstance. Media assumed an essential job for this situation. This weight made by individuals and media got a critical change Indian enactment on Rape cases. It corrected Justice Juvenile Act, and decreased the age bar from 18 to 16, to be considered as a grown-up. Government in association spending plan 2013, given to setting up a Nirbhaya budget. Comparative cases are the ongoing Unnao assault case, Kathua assault case. These cases made a great deal of revisions in different acts like JJ act, POCSO act.

KM NANAVATI versus Province of Maharashtra is another milestone choice, which got a ton of media inclusion and the jury was supposed to be impacted by it. KM NANAVATI was a maritime official. At the point when he came back from a task, he finds about his wife affair with  Prem ahuja, who expected to wed her. He leaves his wife, Sylvia and their child at a theater and went to go up against Prem Ahuja. He asks Prem if he accepts Sylvia and take care of their child, which Prem refuses. In this heated moment, Nanavati shot him dead.

Nanavati was at first announced “not guilty” by a jury however later Bombay high court condemned him to life detainment. In any case, later, vijayalaxmi pandit, recently selected senator absolved Nanavati. This case obviously shows how media’s essence can impact the free organ of Indian democracy- judiciary.

At the point when we consider characterizing democracy , a crucial definition that comes in our psyche is the one which was given by Abraham Lincoln at his popular Gettysburg address. He portrayed democracy as “of the individuals, for the individuals and by the individuals”. The essential thought behind popular government is individuals practicing power. They are the preeminent position.  Associating individuals gets significant at this stage. With increment being used of innovation, individuals are having better associations. Online networking is perhaps the best stage for it. From discussions to offering thoughts and perspectives, different instructive, wellbeing and different applications, media is exceptionally critical. Digitalization and innovation has reached to pretty much every edge of the world. This utilization has carried individuals to a typical foundation of correspondence. They can either interface in local or worldwide dialects. Media isn’t just about reporting.

In any case, in ongoing decades, media is viewed as a lessened organ of majority rules system. It has lost its believability. News channels order themselves as per either ideological group. They, rather than introducing reality, continue charging each other for either issues. More often than not, these channels show insignificant and strange stuff. At the point when they speak to the national TV, they have more noteworthy desires. The method of introduction now and then befuddles the crowd about the phoniness, the suppositions and reality.  Horde lynching cases in news, due to whatsapp counterfeit news is another issue to be centred around. This is upsetting that individuals are moved by these phony news, harming guiltless lives. This is darker side of web-based social networking. Media probably won’t be exclusively answerable for it, yet absence of mindfulness is. Viable utilization of this stage to make mindfulness can maintain a strategic distance from such occurrences.  Now and again political nearness enormously influences the self-governance of press. Media is intended to contact individuals without biasness. At the point when limitations forced, it may adversely influence the working of this body.It keeps a check and parity on government choices. Its self-governance is its quality, giving, it too, requirements to possibly be kept an eye on its activities.

It is as yet as amazing as it was before. Limitations have consistently been forced in past. It generally had a few downsides. Be that as it may, it ought to consistently serve the individuals, the individuals who really oversee. Media has consistently assumed dynamic job in covering numerous issues in past. It has secured touchy issues yet in addition brought and still carries our thoughtfulness regarding issues that we are either unconscious about or oblivious towards them. It has consistently been persuasive. In the event that it presents phoniness, that as well, is acknowledged by individuals. This is the place it has lost its actual sense and believably. It should adhere to its basic standards. Right off the bat, it should consistently table reality without outside impact. Also, it ought to abstain from advancing irrational stuff. It ought not overlook the intensity of pen. It is consistently the fourth mainstay of vote based system keeping a hold on working of other three columns the official, the enactment and the legal executive. We have seen in nirbhaya case how revisions occurred after the occurrences and in Nanavati case, how it, for some time, affected the legal executive. These cases would have gone unnoticed without media-support. Incredible elites have dreaded the intensity of media. Kailash sengar, primary charged BJP MLA in Unnao assault case, was removed out of the gathering after individuals shock and media pressure. This weight on influential individuals and political offices mirrors the quality of media. Yet, there exists nothing without defects. With such an impact and quality, it is still significant mainstay of our vote based system. We can see the critical change that it brought till date.

Trespass : A civil wrong

Trespass is one of the ancient forms of action that arose under the common law of England as early as the 13th
century. It was considered a breach of the king’s peace for which the wrong doer might be summoned before the king`s court to respond to a civil proceeding from the harmed caused. The courts were concerned with punishing the trespasser rather than compensating the landowners and from the beginning a defendant convicted of trespass was fined; a defendant who could not pay was imprisonment. The fine in these criminal proceedings developed into an award of damages to the plaintiff and this change marked the beginning of tort action under the common law which has eventually become operative in Nigeria by virtue of Section 45 of the Interpretation Act. Today, the law of trespass has developed to become an aspect of tort with several branches of its own.

TYPES OF TRESPASS :

TRESPASS AGAINST IMMOVABLE PROPERTY LIKE LAND

Legal maxim ‘Quare clausum fregit’ defines land as, “Land includes not only the surface and any buildings on it but also the airspace and subsoil, in so far as these are vested on the plaintiff. The action of trespass to land penalizing direct interference with other people’s land.”
Trespass is mainly a wrong against possession and is available at times against the owner himself. Court in the case opined that “The correct position in law may, in our opinion, be slated thus in order to establish that the entry on the property was with the intent to annoy, intimate or insult, it is necessary for the Court to be satisfied that causing such annoyance, intimidation or insult was the aim of the entry; that it is not sufficient for that purpose to show merely that the natural consequence of the entry was likely to be annoyance, intimidation or insult, and that this likely consequence was known to the persons entering: that in deciding whether the aim of the entry was the causing of such annoyance, intimidation or insult, the Court has to consider all the relevant circumstances including the presence of knowledge that its natural consequences would be such annoyance, intimidation or insult and including also the probability or something else than the causing of such intimidation, insult or annoyance, being the dominant intention which prompted the entry”.
No one has the right to dispossess the trespasser if he is in a settled possession of a property and he can’t be evicted unless due process of law is followed. The possession, which a trespasser is entitled to defend against the rightful owner must be a settled possession extending over a sufficiently long period and acquiesced in by the true owner. A casual act of possession would not have the effect of interrupting the possession of the rightful owner. Under the doctrine of prescriptive easements, for example, a property owner loses the absolute right to exclude (all other persons from taking possession of his land) when a nonowner has used that land openly, peaceably, continuously, and under a claim of right ad- verse to the owner for a period set forth by a particular state (known as the prescription period). It was held by the High Court of Bombay in case that a rightful owner who dispossesses another cannot be treated as a trespasser except as provided by Section 9 of the Specific Relief Act, 187.
Trespass may also arise upon the easement of one person upon the land of another. For example, if A grants B a right to pass freely across A’s land, then A would trespass upon B’s easement by erecting a locked gate or otherwise blocking B’s rightful access. In some jurisdictions trespass while in possession of a firearm, which may include a low-power air weapon without ammunition, constitutes a more grave crime of armed trespass.
The maxim “cuius est solum, eius est usque ad coelum et ad infernos” (whoever owns the land owns it all the way to the heavens and to hell) is said to apply, however that has been limited by practical considerations. For example, aerial trespass is limited to airspace which might be used (therefore aeroplanes cannot be sued). Landowners may not put up structures to prevent this. The courts have been more lenient with underground trespass.

There may be regulations that hold a trespasser to a higher duty of care, such as strict liability for timber trespass (removing trees beyond a permitted boundary), which is a type of trespass to chattels as a result of a trespass to land.
Some cases also provide remedies for trespass not amounting to personal presence, as where an object is intentionally deposited, or farm animals are permitted to wander upon the land of another. Furthermore, if a new use of nearby land interferes with a land owner’s quiet enjoyment of his rights, there may be an action for nuisance, as where a disagreeable aroma or noise from A drifts across the land of B.

Trespass ab initio is when a person is granted access to land but then abuses that access. The entry to the land is considered to have been a trespass from the beginning. This only applies to access given by law, not to access given by a person.


TRESPASS TO A PERSON

TRESPASS TO PERSON IS A TORT WHICH IS FREQUENTLY
COMMITTED IN EVERYDAY LIFE. IT IS BASICALLY
UNREASONABLE INTERFERENCE WITH BODY OF A PERSON
WHICH CAN BE COMMITTED EITHER BY CAUSING ACTUAL HARM OR BY JUST CAUSING AN APPREHENSION OF FORCE.

Critical Analysis on The Concept of Trespass To Person

Trespass to person is a tort which is frequently committed in everyday life. It is basically unreasonable interference with body of a person which can be committed either by causing actual harm or by just causing an apprehension of force.

The tort of trespass to person has developed as it is today is a result of many changes and modifications. In early English law, a physical interference with the person was given special protection, partly to avoid the unhappy consequences of people taking the law into their own hands by revenge attacks. Untill the abolition of the old forms of action in the 19th century; direct attacks upon the person were protected by the action of trespass, which required no proof of damage. Indirect interference with the person was protected by the action on the case, which did require proof of damage.

Today, the basic position is that direct and intentional acts of interference are still dealt with by the tort of trespass, while indirect and unintentional acts fall under the tort of negligence. However, the situation is more complex than this suggests and some authorities suggest that even in trespass the claimant must now establish intention or negligence in addition to the act of interference.

This appears to suggest that there is a form of negligent trespass, which is almost a contradiction in terms.

Trespass To Person:
Definition:
Interference, however slight with a person’s elementary civil right to security of person, and self-determination in relation to his own body, constitutes trespass to person. Trespass may be done intentionally, deliberately or negligently. The fundamental principle plain and incontestable law is that every person’s body is inviolate.

TRESPASS TO PERSON MAY BE CATEGORISED AS:

  1. Assault, which is “any act of such a nature as to excite an apprehension of battery”;
  2. Battery, ” intentional and unpermitted contact with the plaintiff’s person or anything attached to it and practically identified with it”.
  3. False imprisonment, the “unlawful obstruction or deprivation of freedom from restraint of movement.”

Assault
• In everyday parlance assault is taken to mean physical contact. In tort, however, an assault occurs when a person apprehends immediate and unlawful physical contact due to the intentional actions of another. Fearing you are about to be physically attacked, therefore, makes you the victim of an assault.
• It is also necessary that an attack can actually take place. If an attack is impossible, then despite a person’s apprehension of physical contact, there can be no assault – for example, a person waving a stick and chasing another person who is driving away in a car would not be an assault. It is also generally thought that words alone cannot constitute an assault, but if accompanied by threatening behaviour the tort may have been committed.
Battery
• If the physical contact that is apprehended in an assault actually takes place, the tort of battery has been committed. It is not necessary for the physical contact to cause any injury or permanent damage to the victim, or even be intended to do so. The only intention required is that of making physical contact.
• It is also not necessary for the wrongdoer to actually touch the victim, so battery may be committed by throwing stones at someone or spitting on them.
False imprisonment
• False imprisonment is the unlawful restraint of a person which restricts that person’s freedom of movement. The victim need not be physically restrained from moving. It is sufficient if they are prevented from choosing to go where they please, even for a short time. This includes being intimidated or ordered to stay somewhere. A person can also be falsely imprisoned even if they have a means of escape but it is unreasonable for them to take it; for example, if they are in a first floor room with only a window as a way out.
• False imprisonment can also be committed if the victim is unaware they are being restrained, but it must be a fact that they are being restrained.

TRESPASS TO GOODS

Trespass de bonis asportatis, affords a remedy where there has been a direct interference with goods in the claimant’s possession at the time of the trespass, whether that be by taking the goods from him or damaging the goods without removing them.Trespass and conversion deal with intentional interference with goods. Where goods are lost or damaged as a result of the defendant’s breach of a duty of care, an action may lie in negligence.


TRESPASS TO GOODS:


Trespass to goods is an infringement of the right of possession not of ownership. There are three types of torts relating to goods
• Trespass to goods
• Conversion
• Detinue
Prof. Salmond: “Trespass to goods consists in committing without lawful justification any act of direct physical interference with a chattel in the possession of another person.”
Pollock: “Trespass to goods may be committed by taking possession of them or by any other act in itself immediately injurious to the goods in respect of the possessor’s interest as by killing, beating or chasing animals, or defacing a work of art.”
Two forms – it may assume:
a. Taking the thing away from the plaintiffs possession, when it is termed aspiration (removal, seizure etc.)
i. this would amount a crime of theft ii. To robbery if it was also forcible.
b. Different application of force- damage
i. killing or injuring of an animal ii. Defacing a work of art.
Damage is not always essential. Even the slightest application of force like touching is wrongful.
Essentials of trespass to goods:

  1. Possession (Servant and master; trustee; administrator)
  2. A person in possession, though not the owner can sue.
  3. Jus tertii (Title of third person).
    Self defences:
    • Rightful claim
    • Authority of law
    • Consent
    • Negligence of the plaintiff
    • Reception of goods.

Trespass can be faced by people innumerable times in a day, but what is important is to truly understand the nature of trespassed act, property, loss and impact of it on the plaintiff. If the nature of the act is itself suggestive of a wrongful incident, voluntarily undertaken to constrain the enjoyment of the right to exclude from the private property, then evaluation of all possible recourses to recoup the damage should be identified. The four tests, when deciding trespass disputes, courts should evaluate the following factors: the nature and character of the trespass; the nature of the protected property; the amount and substantiality of the trespass; and the impact of the trespass on the owner’s property interest.
It would help to uncover various facets and understand the dimensions that trespass law is clutching in its circuitous surrounding so as to loosen the screws and solve cases and situations in an efficacious manner. The true meaning of each term needs to be understood to evaluate trespass and resolve the cases by applying the relevant doctrines.

Paternity Benefit Bill: The Gender We Talk About, The Benefit We Don’t

Amidst all the expectations around the male gender since his birth, there is secretly an expectation which every spouse hopes for. Time has developed since the only job of the male co-partner remained until the “sperm fertilised the egg”. The couples grow in love as they call themselves ‘pregnant’ and not just the technical one. The change in the ideologies was very well understood by the law presenters of the country. The idea to give chances to the father to be able to be completely devote to the upbringing of his junior. The benefits to be able to not lose work, not to miss deadlines but to be able to absorb the presence of a new member in the family.

‘Paternity Benefit Bill’ made rounds in the corner of the Parliament in 2017 with a view to benefit the fathers to oblige to their parental duties. It stated to give all workers, including men in the unorganised and private sector, to be benefitted with a paternity leave of fifteen days which could be extended up to three months.

The bill introduced stated for the employees to receive payment at the same rate as the average daily wage or even so, on a minimum rate of wage as revised. The same could be availed from an organisation if he had already served not less than eighty days in the last twelve months immediately preceding the delivery date of the child. However, the clauses require fathers with only less than two surviving children to opt for the same.

The gender benefits do not end here as the bill further stated to introduce proper guidelines in order to provide benefits to every man. A crucial affair that the bill brought was the Parental Scheme Benefit Fund. Under this, the government would create a fund specifically for purposes of paternity benefits where employers irrespective of genders would contribute. It was to meet the costs which would be induced through the availing of the particular benefit and the loss of work. Not to forget to mention on how the bill boldly announces that on death of the man during the following tenure, the nominee has rights of receiving payments till the end of it.

The beauty of the bill is not restricted to the birth fathers. The Bill allows the adoptive father of a child below three months of age or the legal husband of a mother in the cause, to be given the same benefits.

The objective of the bill is to ensure to the mother gets constant support in the process. It is not only through looking after the child together but when the father gets time with the child, the mother gets a chance to resume her work. Usually during the commissioning period, the mother develops a distant connection with her work until her child grows to handle himself. Such an act of love unfortunately also throws the woman out of the race of the market. Her positions degrade after she resumes and the restoration is more often than not, impossible. The option of choosing between the newborn and the profession is unjust and the bill certainly helps the attain the goal.

Through the bill, the perception of gender roles gets on hold. It creates an aura of gender equality at home. The shifts of looking after the child when divided among the two parents can lead to none of them having major deviations from their works to only allow the emotions of seeing their child grow into a form of their own reflection.  

Despite the benefits kept in front, a lot of issues persisted to not allow the bill to go further. The Maternity Benefit Act shifts the entire financial burden on the employers and through an introduction of system which would allow funds, the work place might discourage the driving force of the other objectives of women employment. Furthermore, the Paternity Bill necessitates to be extended to all sectors whereas the Maternity Act has only limited applications. It creates inequality, not only with the Maternity Benefit Act but also with the fact that the objective of the Paternity Bill is not merely paternal benefits but also equal opportunities to both the genders.

However, this creation of inequality is amendable.There can be similar benefits to both the parents and if it requires anything urgently, it is the mindset to evolve that both of it can co-exist.

Juvenile Justice

In order to achieve the objectives of the United Nations Convention on the Rights of the Child as ratified by India on 11 December 1992, the Juvenile Justice Act has been promulgated. The procedural guarantees applicable to children in conflict with the law are specified in this law. The current law addresses the problems of the existing law, such as delays in adoption processes, the high number of pending cases, the accountability of institutions, and so on.
The law also addresses the growing number of crimes committed by children aged 16 to 18 in recent years and by children in conflict with the law. Since January 15, 2016, the Juvenile Justice (Care and Protection of Children) Act, 2015 has come into force. It repeals the Juvenile Justice (Care and Protection of Children) Act, 2000.


Who is a juvenile as recognised by law?


In the Indian context, a juvenile or child is any person who is below the age of 18 years. However, the Indian Penal Code specifies that a child cannot be charged for any crime until he has attained seven years of age.


The Historical Evolution of Juvenile Justice Act in India


The United Nations Minimum Rules for Administration of Juvenile Justice of 1985 ratified by the United Nations Member States in Beijing in 1985, also known as the Beijing Rules, set out the rules, general principles and rules governing investigation and prosecution, adjudication, delivery, noninstitutional treatment and institutional treatment. Two essential concepts are explained in these principles. They are-

  1. Diversion– If children are treated in the criminal justice system, stigmatizing criminality increases the authority of the child, whose authority has been established from Rule 11 of the Criminal Code. Therefore, these principles aim at minimizing the contact of minors with the criminal justice system. To divert the child from the system, the second part of the rule legitimizes police officers, prosecutors and other authorities. This is why juvenile court judges do not wear the black coat and other judicial officials also try not to be as formal and put the child or minor at ease.
  2. Detention– A deliberate sentence imposed on minors but imposed for the shortest possible period and called “detention as a last resort”.

Juvenile Justice Act, 1986


Following the adoption of the United Nations Minimum Rules for Administration of Juvenile Justice of 1985, the term “minor” used in international law was coined for the first time. With the adoption of the Juvenile Justice Act of 1986, this change in terminology had a considerable effect on domestic law.


Before 1979, while Lakshadweep, Arunachal Pradesh, Tripura, Chandigarh and Sikkim had the Children’s Act but they did not apply it. In the case of Assam and Himachal Pradesh, although the laws have been enforced, no institution has been created to deal with the same thing and Nagaland does not even have a separate law for children. The Children’s Acts have been applied in 236 of the 334 districts in the case of other Indian states. In the mid-1980s, out of 444 districts, the number of children’s laws was increased to four hundred and forty-two.


As from October 2, 1987, the Juvenile Justice Act 1986 was applied by notification in all areas where it was extended. The need is for uniform laws over time for juvenile justice throughout the country and for the need to implement uniform laws that are fulfilled by the Juvenile Justice Act of 1986. In addition, there are States with no law in the area of justice of the sixteen, as well as uniformity at the national level. The Juvenile Justice Act, 1987 is nothing more than a full copy of the Children’s Act, 1960 which makes only minor and valueless changes here and there.


Juvenile Justice Act of 2000


The Indian legislator made a sincere effort in adopting the 2000 Act to inculcate the principles set out in the UN Conventions, such as the CRC, the Beijing Rules and the 1990 Rules. minors were promulgated to deal with offences committed by minors in a manner supposed to be different from the law applicable to adults according to the Supreme Court of India. The rehabilitation of the minor is the main concern of the Juvenile Justice Act, 2000 and not the adversarial procedure to which the courts are generally accustomed. A complete change in the mentality of those with the power to do so is necessary for its implementation, without which it will be almost impossible to achieve its goals.

Juvenile Justice Act of 2015


The increase in the number of crimes (including rapes) committed by juveniles (aged 16 to 18) was the main reason to introduce the new legislation. More retributive than reforming, the new law raised several questions. The new law is considered retributive because it contains provisions for teenagers who commit a heinous crime (punishable by 7 years or more) must be tried as adults but in the juvenile court. The child found guilty of the heinous crime is sent to a safe place until the age of 21, after which he is transferred to prison. The children’s court ensures it. This means that the benefit of a child is not granted to the minor when found guilty of committing a heinous crime.
Many protesters criticized the new law on minors for being unconstitutional. The Court noted that in Rule 4 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, in the case of Pratap Singh v. the State of Jharkhand, one had to give all its importance to the moral and psychological elements even when responsible for a crime.
Many activists have raised another problem, namely that the 2015 law violates the spirit of article 21 (A), which states that a person can not be sentenced to a harsher sentence than that which would have been applied to him or her. by the law of the country. Under the new law, if a sentenced minor reaches the age of 21 but has not completed his entire sentence, he can be sent to prison if deemed appropriate. This new law undermines the spirit of Article 20(1).

What is the Institutional Care provided for the juveniles?

Rule 3 of the Juvenile Justice (Care and Protection of Children) Rules of 2007 states that “the institutionalization of a juvenile must be a measure of last resort after a reasonable inquiry and this also for the minimum possible duration.”


Observation Homes


Section 8 of the Juvenile Justice Act of 2000provides that the state government may establish and operate observation houses in each district or group of districts. A minor is temporarily received in these homes. For the duration of any investigation into them under the Juvenile Justice (Care and Protection of Children) Act 2000, minors are detained in observation houses. Minors are kept for a few weeks in the observation houses for the social study of minors.


Special Homes


Section 9 of the Juvenile Justice Act of 2000, states the state government may establish and maintain special homes in each district or group of districts. When the offence committed by a minor is proven and condemned by the competent authority, it is placed in the special home established by the state governments. In the special home, minors are treated for a long time or until their age ceases. Children’s Home
Section 34 of the Juvenile Justice Act of 2000 states “The state government may establish and maintain children’s homes in each district or group of districts.” The children’s home is a home where children in need of care and protection are placed on the order of a competent authority.


Shelter Homes


According to Section 37 of the Juvenile Justice Act of 2000, Shelters Homes as for children in need of urgent support. Shelter homes provide children with space where they can play and engage in creative activities. Children are engaged in music, dance, theatre, yoga and meditation, computers, indoor and outdoor games, etc, to spend their time productively. These creative activities are designed to encourage meaningful participation and interaction among peer groups.


What is the Non-Institutional Care provided for the juveniles?

Section 40 in The Juvenile Justice (Care and Protection of Children) Act, 2000 talks about the process of rehabilitation and social reintegration. The rehabilitation and social reintegration of a child must begin during his stay in a children’s home or special home monitoring organization.


Foster Care


Foster care is one of the non-institutional measures used for the temporary placement of children in accordance with Section 42 of the Juvenile Justice Act of 2000. Homeless, abandoned, neglected and deprived children benefit from a foster family. He replaces parents with others to provide care outside their own home. The child is placed in foster care when natural parents are faced with problems such as sentencing, life-threatening illnesses and being abroad.
The actual parents pay the corresponding price.


Adoption


Restoring family care for children deprived of their real family life Adoption is another non-institutional measure. Section 2(2) of the Juvenile Justice Act of 2015 defines adoption as the process by which the adopted child is permanently separated from his biological parents and becomes the legal child of his adoptive parents with all rights, privileges and responsibilities that are attached to a biological child.


Sponsorship


Another type of non-institutional measure called the Sponsorship Program provides additional assistance to families, children’s homes and special homes to meet the medical, nutritional, educational and other needs of children. Sponsorship is given to improve their quality of life. There are many types of sponsorship programs for children, such as individual-to-individual sponsorship, group sponsorship or community sponsorship.


After-care Organisations


The juveniles are taken care of in the organization of the aftercare, which is a transition home, after leaving the special homes and the children’s home. Minors in conflict with the law and children in need of care and protection, both categories are placed in aftercare organizations. Monitoring organizations allow minors to lead an honest and industrious life. Follow-up agencies are committed to the primary goal of enabling children and youth to adapt to society. In child care agencies, children and adolescents are motivated to stay in the wider society of their lives in institutional homes.

The increasing rates of juvenile crime in India in very concerning issue and need to be focused upon. Although government has laid various legislation and rules to stop the incidents of juvenile crimes but the present laws on juveniles is not creating a deterrent effect on the juveniles and thus the results are not fruitful and legislative intent is not accomplishing.

Cannabis should be legalised

According to me cannabis should be legalised again like how it was before around 35 years back.Yes seeing it use in medical purposes would glad anyone for it being illegal.  The plant contains more than 120 components known as cannabinoids.In addition, it was identified as ‘one of the five holy plants’ by religious scholars in the ancient ‘Vedas’ scriptures. Marijuana belongs to a category of three psychoactive plants known as marijuana sativa, cannabis indica, and cannabis ruderalis. For centuries, cannabis was a component of India’s religious ceremonies and festivities. Ancient Indian Ayurvedic traditions used hemp in drugs as an active component, from digestive issues to blood pressure. In the Ayurvedic scriptures, almost 191 recipes and more than 15 treatment types have used cannabis as a main component. Which could also help us handle Covid 19

It was most sometimes connected with Shiva and believed to be a giver of happiness and a liberator. 

Later Charas smoking in an earthen pipe called chili used to be a community activity. In reality, Sadhus or ascetics are assumed to be seeking the divine through cannabis.

Dr. Peter Grinspoon created the two generally recognized cannabinoids present in cannabis plants: Cannabidiol(CBD) and Tetrahydro Cannabidiol(THC)

THC is a controlled drug which includes psychotropic components that offer the patient a ‘high.’ 

CBD is non-toxic and has a variety of legitimate applications, including for medication, cosmetics goods , furniture and gasoline.While knowing a strong past People have still lawfully and industrially ignored cannabis in India. Of reality, several of the films and ads promoted make it appear like a product is harmful for wellbeing. So because of that misconception, actual consumers are often reluctant to dig at the more beneficial is effective uses. Let me explain some of the uses:

Uses:

Since time people have proposed that weed is the “penicillin of Ayurvedic medicine. 

And that’s why numerous Indian medical practitioners are pressuring the government to remove the ban because they want to research the usage of cannaboids to manage cancer.chronic patients, anxiety patients.

Marijuana is also used in the manufacturing of body care goods and dietary additives, much as in the USA, a nation that has pressurized other nations to prohibit cannabis.

The second most significant aspect of this product is that it assists with our economies and unemployment by providing work prospects 

By legalizing cannabis, all control will come into the hands of the government (transportation, regulation, supply , demand) which will stop illegal trading activities.

Quitting cannabis is better than tobacco since marijuana is rare. But then smoking is legal in today’s country.

It is very needed to create tax on marijuana and to control it for our  nation, because even though it has completely failed to contribute to neither revenue nor trade, rather marijuana are still being used illegally, especially in Mumbai and Delhi.

 Past experiences with prohibition:

Do you really think that after prohibiting drugs people have actually stopped using them?NOOOOOO

Infact prohibition makes illegal drugs stronger and more potent. 

Prohibition eliminated a major amount of tax income and greatly boosted government expenditure. This also driven numerous users to turn to heroin, tobacco, proprietary drugs , alcohol, and other dangerous items that they may have been unable to find in the absence of prohibition.The numbers also show that stringent laws don’t deter people from using marijuana. 

Recently, another study, ABCD’s ‘2018 Cannabis Price Index,’ revealed that Delhi is the third-highest cannabis consumer in the world, only behind New York and Karachi. Mumbai was also in sixth position on the list. They couldn’t make drugs go away, so it can be handled easier. If it is legal, there would be more options for customers, so authorities might demand, for example. insist on a high level of CBD.

Conclusion:

Cannabis regulations in india are outdated and require long awaited reconsideration.Although it has been a trusted ingredient in the treatment of serious illnesses for thousands of years , the usage of cannabis in conventional medicine remains limited due to such restrictive legislation..While legalization is still a long way off, it is promoting the rising number of cannabis and hemp start-ups and the growing mainstream encouragement for legalizing the product. Given the medicinal and economic arguments for legalizing cannabis, the maximum benefits that legalization will offer will not be long until the Indian government activates.

The Fates of Chinese Uighur Muslims

Uighur (Uyghur) Muslims are among the oldest Turkic-speaking people mostly residing in the northwestern part of China, in Xinjiang. The main Uighur populated cities are Kashgar, Silk Road, and Urumqi, the capital of Xinjiang.

When China re-established control after crushing the short-lived state of East Turkestan, a large population of Han Chinese (the majority ethnic Chinese) migrated to Xinjiang. This move caused a lot of economic disparities and ethnic tensions grew as the Uyghurs were mistreated and discriminated against.

A 2009 protest in Urumqi turned violent, killing 200 and injuring about 800 people. Violence increased soon after including knife-attacks, suicide-bombers, and bomb blasts. Most of these attacks were pinned to Uighur Muslims and they were tied to overseas Muslim terrorist groups.

China identifies itself as a “socialist state under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants.” The current political leadership has been termed a “consultative democracy,” “people’s democratic dictatorship” and “socialism with Chinese characteristics” by its leaders.

In recent years, with the disclosure of the mistreatment of Uighur Muslims, China has been criticized for a lot more trouble. The UN and other Human Rights activists have been trying to help protect the oppressed.

Uighur Muslims have been subjected to many constraints. Those who’ve fled the country have many stories of torture to speak. Those who’ve returned have been separated and punished.

A New York Times article wrote about Abdurahman Tohti, who left Xinjiang and immigrated to Turkey in 2013. “When his wife and two young children returned to China for a visit a few years ago, they disappeared. He heard that his wife was sent to prison, like many Uighurs who have traveled abroad and returned to China. His parents were detained too. The fate of his children, though, was a mystery. He spotted his 4-year-old son, years later, in a video on Chinese social media that had apparently been recorded by a teacher. The boy seemed to be at a state-run boarding school and was speaking Chinese, a language his family did not use. Mr. Tohti, 30, said he was excited to see the child, and relieved he was safe — but also gripped by desperation. “What I fear the most,” he said, “is that the Chinese government is teaching him to hate his parents and Uighur culture.””

Many countries including but not limited to Saudi Arabia, Russia, North Korea, Venezuela, UAE, Qatar, Oman, Pakistan have written to the UN in support of the way China is handling the terrorizing groups, the Uyghurs. The letter these countries signed and sent included, “Faced with the grave challenge of terrorism and extremism, China has undertaken a series of counter-terrorism and deradicalization measures in Xinjiang, including setting up vocational education and training centers.” They attested to not finding any Human Rights violations in the “training centers” and added that since the people have been institutionalized, there hasn’t been even a single terror attack. Going as further as saying that the people “now enjoyed a stronger sense of happiness, fulfillment, and security.”

The Uighur activists have stated otherwise for decades, maintaining that the discrimination has persisted long before the “terror” attacks started. They have stood by their innocence in their involvement in the attacks and have also denied all ties to overseas terror organizations.

Below, is the timeline of a few (not all) key protests, attacks, and other decisions made with respect to the Uighur Muslims.

These are incidents that have been publicized internationally. It is quite possible that much more has been kept under wraps.

2003 

  • 21st December – Uighur “terrorists” demand freedom of expression and internet access
    • A Muslim separatist group branded as “terrorists” by China has said it was willing to disband if the communist state offered freedom of expression and internet access to Uighur Muslim minorities.

2009

  • July – Urumqi Han Chinese vs Uighurs Riots kill 200 and injure 1700
    • Several hundred were arrested and students were shot at by the police
    • More than 260 vehicles and 200 shops and houses were attacked and damaged.
    • “False” news of claiming 6 boys raping two innocent girls made the rounds prior to the riots and as a response internet and messaging services were shut off.

2010

  • June – Gheyret Niyaz, an Uighur journalist sentenced for 15 years
    • Gheyret Niyaz was sentenced for 15 years for speaking to a foreign-journalists during the 2009 Urumqi riots.
  • 30th July – 3 Uighurs jailed for website work
    • Uyghur American Association (UAA) said that 3 men were sentenced to 10, 5, and 3 years respectively.
    • Officials have not confirmed the charges despite already sentencing them.
    • Their main offense is to found and manage an Uyghur-language website.

2011

  • 18th July – – A knife and bomb attacks in Hotan
    • Suspected to be Uighur terroritsts
  • 30th – 31st July – A series of knife and bomb attacks in Kashgar
  • 15th September – China sentences 4 to death over Xinjiang attacks
    • The four Uighur men were found guilty of murder, arson, and running a terrorist organization.
    • Accused to incidents in Kashgar and Hotan in July.

2012

  • 2nd August – China jails 20 Uighurs for terrorism and separatism
    • Charges against the accused include making explosive devices, promoting religious extremism and plotting “holy war”

2013

  • October – 3 Uighur men sentenced over a fatal car crash in Tiananmen Square, Beijing
  • December – 16 people killed in a riot in a village. Another 8 were killed later near Yarkland county.

2014

  • 27th January – 12 dead in Xinjiang violence caused by “terrorists”
    • Xinhua news agency described the incident as “organised, premeditated terrorist attacks”. But the report gave no reason why the hair salon and the market were targeted.
  • February – Chinese authorities have shot dead eight people trying to attack police officers in Xinjiang,
  • 1st March – mass knife attack at the Kunming train station.
  • 30th April – knife and bomb attach at Urumqi’s central train station
  • 22nd May – suicide-attack on an open-air market in Urumqi’s predominantly Han-populated Shayibake district killed 31 people and 94 injured.
    • Officials blame Uighur Muslims
    • Claim these “terrorists are swollen with arrogance.”
  • 27th May – Chinese Police arrest Xinjiang “terror gang”
  • 21st June – Police kill 13 assailants of the Xinjiang attackers
    • Linking them to the October 2013 attacks, where 3 men were already sentenced.
  • 30th June – China jails 113 Uighurs for terrorism
  • 2nd July – China bans Uighurs Muslims from fasting for Ramadan.
    • Not the first time.
  • 5th July – Chinese Uighurs defy Ramadan fasting bans
  • 11th July – Muslim students forced to eat during Ramadan
  • 31st July – Imam of China’s largest mosque killed in Xinjiang
    • Jume Tahir, 74, was reportedly stabbed after he led the early morning prayers at the Id Kah mosque.
    • Reason of the death remains unclear
    • A hasty burial was performed the same afternoon
    • Police sealed off roads and cut internet and text messaging links.
  • 3rd August – China claims Xinjiang “gangs” killed 37
    • 59 of the 215 attackers were killed by security forces.
  • 12th October – Kashgar attack killed 22.
  • 18th November – Shache attack in which 15 were killed, including 11 attackers.
  • 11th December – Xinjiang Officials hold debated to ban veils for Muslim women.
  • 8th December – 6 people linked to the May 2014 market attack sentenced to death

2015

  • 27th May – Chinese authorities claim having busted 181 terror groups in a yearlong operation.
  • 14th July – 3 “Xinjiang Terrorists” shot dead by police
    • A woman was also injured
    • Police found “terrorist” suspects shouting Anti-China slogans
    • Police also detained 28-year old Uighur woman, and 3 children.
  • China police checkpoint attack kills 18 in Xinjiang
    • China refused to comment
    • Hospitals informed that many police officers here hurt
    • Local radio reported that the attackers used knives and bombs while speeding through the checkpoint.

2016

  • 7th June – police ordered residents to provide DNA samples and other biological data to apply for travel documents
  • 19th October – Notice was issued, warning citizens
    • Those who failed to turn in their passports risk being barred from leaving the country.
  • 20th October – China confiscates passports of Xinjiang People
    • Apparently aimed to combat terrorism.
    • Hand in their travel documents to the police for “safekeeping”
    • All residents must not apply for permission to leave the country before they can retrieve their passports

2017

  • 15th February – Eight assailants dead in a knife attack after killing 5 and injuring 10.
  • 1st April – no beards, no veils
    • Only older men are allowed to have beards
    • Women are not allowed veils as part of the “project: Beauty”

2018

  • 10th August – China mosque demolition issue in Ningxia
    • Hundreds of Muslims in north-western China are engaged in a standoff with authorities to prevent their mosque from being demolished.
    • On 3rd August a notice was posted outside the mosque that it would be forcibly demolished
    • Reason: it had not been granted the necessary planning and construction permits.
    • Many asked why the construction hadn’t been halted during the 2 years of construction
  • 31st August – UN alarmed by reports of China’s mass detention.
    • UN criticized the “broad definition of terrorism and vague references to extremism and unclear definition of separatism in Chinese legislation”
    • The UN committee called on Beijing to:
      • End the practice of detention without lawful charge, trial and conviction;
      • Immediately release individuals currently detained under these circumstances;
      • Provide the number of people held as well as the grounds for their detention;
      • Conduct “impartial investigations into all allegations of racial, ethnic and ethno-religious profiling”.
  • 10th October – China Uighurs: Xinjiang legalises ‘re-education’ camps

2019

  • February – Uighurs kids and youth ask china to show them that their parents are still live in the detention camps
  • 2nd May – Chinese police monitor Xinjiang Citizens using an app
  • 24th October – Jailed Uighur academic Ilham Tohti wins Sakharov Prize
    • The Sakharov Prize for free speech is awarded by the EU Parliament annually in memory of Soviet physicist and dissident Andrei Sakharov.
  • 28th November – Uighur activists claim China is running hundreds of more camps than it claims
  • 23rd December – Hong Kong protesters rally in support of Uighurs
  • 23rd December – TESCO finds a Christmas card with a cry for help message from the Uighur makers in China
  • 28th December – In China’s Crackdown on Muslims, Children have not been Spared.
    • Children of parents who have either been killed or detained are taken away from relatives and placed in state-run boarding schools.
    • These schools are designed to “assimilate and indoctrinate children at an early age, away from the influence of their families.”
    • These schools are tightly guarded and are off-limits
    • Media and official documents cover this up by claiming “education is a key component of President Xi Jinping’s campaign to wipe out extremists’ violence in Xinjiang.”
    • Many Xinjiang activists have described these schools as “incubators of a new generation of Uighurs who are secular and more loyal to both the party and the nation.

2020

  • 15th January – Leaked reports reveal China’s human rights violations against Uighurs
  • 27th February – UN demands unfettered access to China’s Uighur region
  • 3rd March – Uighurs forced to work in Chinese factories for meagre pay
  • 29th June – reports surfaced that China forced birth control on Uighurs to supress population.
    • Chinese scholar, Adrian Zenz’s report prompted multiple international called for the United Nations to investigate
    • Mr. Zenz’s report was based on a combination of official regional data, policy documents, and interviews with ethnic minority women in Xinjiang. It alleges that Uighur women and other ethnic minorities are being threatened with internment in the camps for refusing to abort pregnancies that exceed birth quotas.
    • Women with fewer than 2 children were forced to get fitted with an IUD
    • China denies allegations and calls them baseless.
    • Uighur growth rates fall 84% since 2015.
  • 13th August – China denies detaining 1 million Uighurs
    • Uighurs enjoyed full rights but “those deceived by religious extremism… shall be assisted by resettlement and re-education”, officials said.

Extra-judicial Killing

An extrajudicial Killing (also called extrajudicial execution) is the murdering of an individual by administrative specialists or people without the authorization of any legal continuing or lawful procedure. The killing of gangsterVikas Dubey by Uttar Pradesh Police has put the spot light back on encounter or executive killing.


In the course of recent years, police in the Indian state Uttar Pradesh are asserted to have done 59 extrajudicial killings. The occasions have started a request by a board of four United Nations autonomous specialists on human rights, which in an announcement in January “communicated caution” about the killings that appeared to have occurred in police custody. Tragically, extrajudicial killings are not new to India. They have been utilized in the past by the police and security powers in changing settings – to subdue uprisings, for example, in the conditions of Bengal during the 1960s, and in Punjab during the 1980s. Right now, the appearance for a significant number of these killings identifies with national security offenses including psychological warfare, and in regions of dynamic clash, for example, in Kashmir, states in the North East of India including Manipur, just as territories of focal India influenced by the Maoist uprising.

Rights of Police:

The police force has the right to injure or kill the criminal, for the sole and only purpose of self-defense or where it is imminently necessary for the maintenance of peace and order. Under Section-96 of the Indian Penal Code (IPC), every human being has the right to private defense which is a natural and an inherent right. Section-46 of the Criminal Procedure Code (CrPC) authorizes the police to use force, extending up to the cause of death, as may be necessary to arrest the person accused of an offence punishable with death or imprisonment for life.

In spite of this most elevated judicial inclusion, there has been moderate advancement, with few charge-sheets recorded. What further muddles cases in strife territories is the uncommon enactment known as the Armed Forces (Special Powers) Act, 1958 (AFSPA), which requires authorize for arraignment and essentially concedes resistance to individuals from the security powers in assigned “upset regions”. A request by specific individuals from the military contending for the excusal of cases recorded has been dismissed by the Supreme Court. The Manipur case subsequently proceeds.

Another especially alarming viewpoint is the manner in which these violations are valorised in mainstream society and by the media. Police with such genuine claims against them are named “experience authorities“, and many have been granted decorations just as money related prizes. So as opposed to indictment and discipline, there seems institutional and well known help for these killings.

At last, to check this uncontrolled criminal practice there should be a deliberate exertion on numerous fronts – the lawful, institutional just as cultural. Global weight, for example, the ongoing explanation, is a significant advance in adding to pressure for change. Extrajudicial killings must be examined freely as they influence the validity of rule of law. There is a need to guarantee that there exists a standard of law in the general public that should be clung to by each State authority and the majority. Guaranteeing legitimate physical guardianship of the charged so as to forestall any assault by them on the police work force. Further, there is a desperate requirement for complete updating of the criminal equity framework and bringing out required police changes. Standard rules should be set down to all the more likely train the police staff and outfit them with every single important ability so they can viably handle each terrifying circumstance. Human rights points should be kept in the psyche while managing captured people/people.

SUICIDE NOTE: FROM THE PAVEMENT OF ABETMENT TO THREAT

Suicide note is a document, not a mere goodbye or a mode of remembering, but one which has the potential to give access to the person’s inner thoughts and feelings even after they are long gone.  From people who want their story to be told, often the person lives behind mentioning different people who might have affected their lives. Though the reasons can never be brought into a particular set but it can bring two sorts of people into the picture. One in a positive light and the other completely opposite. Most of the lost hopes varies from reacting to the feeling of burden on the relatives or close ones to giving up on repetitive trauma from a set of people or any one person specifically. Both the scenarios, however, bring in questions. The controversies regarding discourse on suicides in India is huge. The judicial system scrutinizes the action and grasps every loophole that could have had led the suicide. As suppose, could have abetted the suicide.

Abetment to suicide is a crime. Not namesake but one of the legal provisions as well. Section 306 of the Indian Penal Code criminalizes the offence. A person is considered guilty of abetment upon three instances. If he instigates the person, if he has been a part of the conspiracy behind it or if he has intentionally helped the victim to commit the act. And importantly, direct evidence is required against the accused to show the alleged crime. It definitely looks a two-way pavement until here but what lies beneath the surface are the eyes of the world around the suspect. The one in the middle of a mere mentioned name and a criminal- the one in middle of the trial.

A name mentioned in a suicide note includes the person as an accused under a non bailable offence where the person receives a summon or notice from the local police station. The investigation goes on and a charge sheet gets filed against the mentioned name. Post all of these, a trial stands before the court. This is a tedious and defaming process for any prudent person. And thus, gets abused more often than not. The process gets tamed every hour in India when a person uses different phrases as to ‘cut nerves’, ‘kill themselves’, ‘the police will take you’, ‘it will be your fault’, ‘you will be guilty forever’, in order to get something to which the other silently agrees because what lies on the other hand is unknown.

However, one does not need to worry about the process at any point of time if they are not guilty. Truth has prevailed for the entire history of manhood and if put forth in the investigation process shall as well help gain way out from the difficult times as such.

It is important to notice that most threats usually come to partners who look to end a relationship to which the co-partner cannot come to terms with. There stands no-win situation in a case like this. The level of uncertainty is huge and the loss could be unbearable.

The thin line between the law for actual abetment to the abuse of the law is not foreseeable. A person at the edge for the same should not misjudge the actual cry for help to the attention seekers. However, for a person who knew about the suicide and decided to not help the cause or did not make attempts to stop or discontinued the cause could become more than just regretful. They are probable criminals in the eyes of law.

 It is true that once the threat turns the other way, there’s no turning back. However, one should always keep a few points in mind. First of all, a compassionate behavior with a person who we are no longer in terms with can go a long way. Next, professional advice should always be taken. One as it could save the person in question and also give you the green card of innocence even if mentioned in the note for any cause. It also gets very important to understand the habitual offenders and to take them seriously. The ridiculing of it being an everyday affair is not a healthy mentality. The repeated threats often bring in personal derangement which increases the risks. While one might consider obliging to all the demands put forward during such a crisis, it gets very important to involve very close and dear ones and let them to know about the threat.

The above-mentioned points are not just mere suggestions but also points out as “duty” in the law. The principle is evidentially prevalent in both civil and criminal matters. However, duty differs in different cases. From the perspective of duty in threatened suicide, if a help is promised in the form of care or companionship, it gets binding since there is an established duty of care. But the duty of care also depends on the type of relationship with the person at stake.

Summing up, the best way to get out of a situation is truth and actions which would leave no room for regret in the future. It is worth keeping in mind that, ‘to save another life, you must safeguard yours first’.

Marital Rape:Culture or Consent?

Patriarchy, often perceived as a “culture” by the Indian society, strives to be protected at all costs, even if that means to strip off the “vulnerable”, of their basic human rights. All concepts that threaten this so-called culture, are categorised as “western concepts”, and are further refused to be acknowledged. Living in denial and refusing to acknowledge the problems, does not mean that they don’t prevail in the Indian Society. In fact, this means that a significant chunk of the society is not ready for the particular problem, but, that does not in any way, give them the right to disregard other people’s safety and security, just because their’s is intact.
One such controversial concept is ‘Marital rape’, often perceived as an oxymoron. Although, ‘rape’ has been clearly defined by most of the criminal codes of almost every country recognised by the United Nations, yet the understanding is rather subjective varying on the culture and relationship of the accused and the victim.  As Estelle B. Freedman points out in Redefining Rape,”At its core, rape a legal term that encompasses a malleable and culturally determined perception of the act…The meaning of rape is thus fluid”. One such factor is ‘marriage’, which supposedly rules out the possibility of forceful sexual conduct upon a wife, since a wedlock provides  immunity to the husband, sociologically as well as on legal grounds in 10 nations of the world.
Well, one of the most difficult challenge faced by people opposing marital rape, is the lack of acknowledgment of this sin. The surprising fact is that this is probably the only crime , where the victim does not recognise her violation of the rights, because control of a woman’s body is foundational to patriarchy. As British jurist, Lord Mathew Hale, states that,”The husband cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract.” This orthodox thinking is deep rooted in our society and is a shame to our so-called judicial progress, because if we see the section 375 of the Indian Penal Code,1872, although it defines rape, yet there is an exception in the statute which states, that, ’Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.’

Arguments generally used to justify the non existence of this crime in the IPC, are that there are other sections like domestic violence and cruelty that protect the wives from the oppression and dominance.“there are other provisions that safeguards the rights of a wife, like domestic violence which covers cruelty, so why do we need another law? So greedy, these ‘feminists’ have become!”. This shows us the biggest problem in not recognising marital rape as a form of rape ,that is, the society is ready to accept the husband as an offender of  domestic violence, since the ‘anger issues’ are just unstoppable and ‘he is a man’, but are not ready to accuse the husband of rape of his own wife.Such beliefs are imbedded in notions such as the idea that a woman’s sexuality is a commodity that can be owned by her father or husband, the belief that what happens between husband and wife in the bedroom is a private matter, that a man is entitled to sexual relations with his wife, and that a wife should consensually engage in sex with her husband, thus making rape “unnecessary.” 

The ways in which marital rape is condoned varies cross-culturally. In India, Supreme court ruled in February 2015, that marital rape is not a crime.A government minister then told the parliament, that it could not be criminalised in India, since “marriages are sacrosanct”.(BBC News,2015). Like, in United States of America, although it is a criminal offence, yet a significant amount of attitudinal surveys show that Americans regard the rape of a wife far less than a similar assault by an acquaintance or a stranger. “Marital rape is a western concept, it is not possible in the Indian Society”, as stated by Maneka Gandhi, minister of women and child development, Ironical? It’s a crying shame, that people still have to be convinced, that there is ‘no difference’ between rape and marital rape. A wedlock, does not take away the bodily rights of a woman, she is still an individual and her rights must be protected. This mindset cannot be changed solely by judicial activism, but by educating men and women, and making them sensitive towards each others sentiments.

One of the ignored reason of the exclusion of this crime, is the anthropological aspect of research. As Gabriella Torres points out in her book, ’Marital Rape: Consent, Marriage, and Social Change in Global Context’, that first and foremost, this issue is not been given the level of public importance that it deserves. The  arguments for keeping the exemption have included, first,  keeping the marital relationship private,  second,  protecting husbands from vindictive wives, third, because it is nearly impossible to prove, and fourthly because a charge of rape would discourage reconciliation between husband and wife.

The reason for the less public attention given by the people to this inhuman and heinous act is that, the society is so blinded with culture and customs, that now the customs are not according to the behaviour of the people, but the behaviour is according to the culture and customs. This is where anthropologists come into power, since the society has nicely, adapted the crime to the custom, it’s important to understand what the culture or customary practice originally stated.There can be two possible scenarios, that is, one, culture does not state to violate any right, then society’s mindset can be changed with the right information regarding their culture  and second possible scenario is, if the culture succumbs to the violent and dominant ideology and even after reading the accounts of the victim, the dominance of the culture has a possibility, then it is high time we make a choice between ‘Culture or Consent’.

E-commerce

Information Technology has been playing a vital role in the future development of financial sectors and the way of doing business in an emerging economy like India, Bangladesh etc. Increased use of smart mobile services and internet as a new distribution channel for business transactions and international trading requires more attention towards e-commerce security for reducing the fraudulent activities. The advancement of Information and Communication technology has brought a lot of changes in all spheres of daily life of human being. E-commerce has a lot of benefits and many acts which hurts the small businesses or business aspects. This study predicts some challenges in an emerging economy.

What is E-Commerce ?

E-commerce means buying and selling of goods over electronic and digital platforms. Thete have been many allegations that big e-commerce are responsible to harm healthy competition in the market. Economies of scale and advancement of logistical companies has helped e-commerce companies to ship goods to anywhere.

Why E-commerce?

With the increasing diffusion of ICTs, more specifically the Internet, the global business community is rapidly moving towards Business-to Business (B2B) e-Commerce. The buyers gain a clear advantage when the Internet gives them access to the global market, by which they can compare prices across regions, find out whether prices vary by order fragmentation and get awareness about substitute products. Due to transparency of the market, customer can compare the services of various e-commerce sites easily. For instant, in case of e-commerce the competitors are one click away from customer. If clients are not happy with the products, prices or services offered by a particular e-commerce site, they are able to change much more easily than in the physical. From the Sellers’ point of view, they don’t need to have physical existence of shop.

E-commerce Hegemony ?

Recently The competition commission of India ordered a probe into alleged competition law violations by Flipkart Amazon over allegations that the e-commerce major promoted and gave discounts to preferred sellers, entered into exclusive partnerships with smartphone brands and abused their dominant position.

Flipkart Amazon is good provider by online marketplace for selling goods in India. Flipkart and Amazon is a wholesaler which is in the business of seeking the good to reseller.

Section 4 of the competition act 2002 is very important as we know completion act is not against possessing dominant position in the market but is objects abusing such dominant position. Section 4 of this act deals with abuse of dominant position.

Dominant position in a market means positions of strength enjoyed by any enterprise in relevant market. Like any enterprise operate independently of competitive forces prevailing in the relevant market Affects it’s competitors or consumers or relevant market in its favor. Recent example of abuse of power should be Amazon Flipkart how they give heavy discounts to customer directly pick-up the good from company that hits the shopkeeper or small enterprises.

Conclusion

As e-commerce industry is emerging sector with high potential of growth govt has to introduce some policies to promote healthy competition in this industry. Govt has to anticipate current loophole in regulations and amend it is such a way that instead of harming msme sector. The e-commerce industry will be a leader with popularity in electronic business world in the upcoming years. The e-commerce revolution has fundamentally changed the business of transaction by giving new opportunities and breaking borders easily. In India, it has strongly impacted the traditional business system and changing the life of people by making it easier. While it gives benefits to customer and seller, e-commerce gives challenges to traditional business for competitive position. Developing countries face many obstacles that affect the successful implementation of e-commerce with the help of comparing with developed country. When the internet cost will be low then the e-commerce will flourish easily and will make many of traditional business to run out of their business. Convenience is one of the benefits that customer gets from the e-commerce and thus increasing customer satisfaction. This is due to customer can place a purchase an order from anywhere with internet connection. E-commerce business provider should give importance on every customer by giving smooth service and many options for payment and have more functions available online. Other benefits are expanded product offerings and expanded geographic reach. But e-commerce business faces a lot of challenges in flourishing their business.

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.

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“.