India’s Pro-Choice Struggle

“No woman can call herself free until she can choose consciously whether she will or will not be a mother.”

Margaret Sanger

What is ABORTION?

Abortion refers to the termination of pregnancy by the removal or expulsion of an embryo or fetus. It is also referred to as termination of pregnancy.

What is PRO-CHOICE?

Pro-Choice refers to the argument that the mother has the choice to decide to either carry-out the pregnancy or terminate the fetus. A woman alone has the right to her body and no one holds the authority to decide on her behalf. The choice is about who gets to make the decision, WOMEN do.

What is PRO-LIFE?

Pro-Life is the argument that a fetus, no matter how small, is entitled to basic Human Right to life. From the moment a pregnancy is conceived, a fetus is considered a human.

What is PRO-ABORTION?

Pro-Abortion refers to the possibility for a woman to get an abortion, just to delay parenthood or because she doesn’t want a baby. Pro-abortion is vital for a mother and child’s health. Pro-Abortion is different than Pro-Choice, in the sense that Pro-Life is for when a woman who contemplates whether or not to terminate the pregnancy, but Pro-Abortion is for women who know for sure they want to terminate the pregnancy.

India’s Abortion Laws History:

Until 1971, Abortion was a criminal offence under Section 312 of the Indian Penal Code, 1860. The IPC didn’t (still doesn’t) include the word abortion, and instead referring to it as “intentionally causing miscarriage.” This had to be as a result of centuries of patriarchy. Except for in cases where abortions were carried out to save the mother’s life, it was a crime. Women have been denied basic rights including freedom of speech, education, and freedom to choose anything for themselves. Denying women reproductive rights is one more pillar of patriarchy.

In 1960, 15 countries legalized abortion, and as a result, debates around the abortion laws started in India. In 1964, the Ministry of Health and Family Welfare (MoHFW) and the Government of India set up a committee led by Shantilal Shah to make a better decision. The committee carried out an extensive review of the socio-cultural, legal, and medical aspects of abortion and found that 6.5 million abortions took place each year, most unsafe and unsanitary.

In 1971, the Medical Termination of Pregnancy (MTP) Act legalized the termination of pregnancy (still not using the word abortion) with several conditions up to 20 weeks (from the first day of the last menstrual period). The conditions are:

  • “When continuation of pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical or mental health;
  • When there is substantial risk that the child, if born or dead would be seriously handicapped due to physical or mental abnormalities;
  • When pregnancy is caused due to rape (presumed to cause grave injury to the mental health of the woman);
  • When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to constitute grave injury to mental health of the woman).”

The MTP Act specifies who can terminate a pregnancy, till when a pregnancy can be terminated, where a pregnancy can be terminated. 

The MTP Act also specifies who is legally allowed to terminated a pregnancy, a practitioner who, “has a recognized medical qualification under the Indian Medical Council Act, whose name is entered in the State Medical Register, and who has experience or training in gynaecology and obstetrics.”

India’s Abortion Laws:

Abortion in India is only legal when performed on various grounds until 20 weeks of pregnancy. In exceptional cases (rape, incest, medical emergency), any Indian court may allow the termination after 20 weeks.

While India’s abortion laws seem liberal, they are far from it. India’s abortion laws, although legal, are neither pro-choice, pro-life nor pro-abortion. 

The MTP Act doesn’t allow women to terminate their pregnancy to delay parenthood or because they don’t want to be a mother. Unless a woman’s life is at substantial risk or if her pregnancy is causing her physical, emotional, and psychological distress, she isn’t allowed to abort.

Instances Where the Indian Abortion Laws have been Problematic

  • Savita Sachin vs Union of India
    • Indian court rejected the request to terminate a 27-week pregnancy on the base that there was no physical harm to the mother
    • The fetus, however, had several physical anomalies.
  • Alakh Alok Srivastava vs Union of India
    • A 10-year-old rape victim was denied permission to abort her 32-week pregnancy
    • The court felt responsible for the fetus’s life.
  • May 2017
    • Patna High Court denied an abortion for a 26-week pregnant, HIV-positive rape victim because the court felt responsible to keep the child alive.

Why do Women decide to ABORT?

There are multiple reasons why women might want to abort. A few reasons include:

  • When the parent(s) is financially unprepared
  • Unplanned/Accidental
  • Bad/Abusive Partner
  • Conception by Rape, Incest, or any other sexual assault 
  • Teen/Early Pregnancy
  • Health Issues
  • Dependent and/or Unprepared
  • Addiction
  • No longer want kids
  • Delaying Parenthood
  • Unwilling to be a parent
  • Not ready to have a kid
  • Pregnancy interfering with Education, Work, Promotion.
  • Any other unique reason a woman wants to terminate her pregnancy.

Why is this discussion important?

Each year millions of women, terminate their pregnancies. 56% of whom have unsafe abortions, resulting in death and other serious physical, reproductive, and psychological problems. 

Most of India’s rural population is unaware of the legality of abortions and even more, have to travel 20-30kms to get an abortion. Those who know, are unaware of the legalities and terms attached.

Furthermore, a woman is the one carrying a child and has many medical implications during pregnancy and after childbirth. Apart from the physical strain on the body, many women go through postpartum depression. She holds the sole right to choose to either carry or terminate her pregnancy. Unfortunately, many countries, including India do not give that right to women.

Until a woman has the right to make that decision herself, women will never be truly free from this Patriarchal prison.

Further, a fetus is considered human by many pro-life activists. What they fail to understand is a fetus comes into this world and becomes a child. If an unwilling mother births a child and neglects them, then a child is traumatized for years to come. Millions of children are orphans and in the foster system. A mother’s responsibility doesn’t end at childbirth. It carries on for the rest of the child’s life. If a person unwilling to take on that kind of responsibility, it is better to terminate that pregnancy than to birth a kid who’d have to suffer later in life.

The world population is also another factor in support of Pro-Choice and Pro-Abortion. Willing Partners (who don’t want kids) can adopt kids and provide them a loving and safe environment. 

How does Pro-Choice vs Pro-Life affect others?

Abortion was introduced first by the Roman Law, performed only on the biological father’s consideration. For centuries, women who had an abortion without consent from their partners were exiled or sentenced to death.

Many Asian and Middle-Eastern countries still permit abortion only after consent from the biological father. A mother who aborts without consent can be sued by the father, but a father who gets the mother to abort the fetus without the mother’s consent cannot take any legal action. The double standard that exists even in the 21st Century is outrageous. 

Abortion is a serious and important decision. While it is the woman who carries the child, the partner has a right to the baby as well. Both partners need to discuss because abortion affects men as well.

Fathers do not hold any rights over their unborn child. It is a hard fact that most times when a mother doesn’t want to carry out a pregnancy, the father might want. A child, however, still, in this day and age is more a mother’s responsibility. The father provides and the mother cares for the child and house. Despite the ongoing patriarchy, many women are standing strong with full-blown careers and don’t want to settle down with a kid. 

Men with kids have a career advantage, they are paid more and are considered trustworthy. Women with children are considered a liability and are affected by the Motherhood Penalty

While it is true that men too are humans and form an attachment with their unborn children, the repercussions of childbirth are more severe on women than men. 

Armin Bortt said, “A woman can legally deprive a man of his right to become a parent or force him to become one against his will.” While Armin Brott is right, he forgets that this works both ways. A man too legally deprives a woman of her right to become a parent or forces her to become one against her will. Parenthood should include two consenting parents who want a child. 

Children In Need Of Care and Protection


It is pertinent to note that the Parliament in the year 1986 took a bold step towards the welfare of neglected juveniles by passing the Juvenile Justice Act, the main purpose of which was to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles. However, the Juvenile Justice Act, 1986 has now been repealed by the passing of Juvenile Justice (Care and Protection of Children Act), 2000. The term neglected juvenile’ as used in the Act of 1986 has now been charged to ‘child In need of care and protection’ in the Juvenile Justice (Care and Protection of children Act), 2000.4 The definition of ‘child in need of care and protection is so wide as· to include hatred number of children. It is seen that the definition of ‘child in need of care and protection under the Act includes children who are found begging without having any home and any ostensible means of subsistence and is a destitute. These destitute children live and grow in a society where they are neglected and deprived of not only food,. clothing and shelter but also education. They also lack affection, care and guidance from adults. These street children not only live but also work and struggle in situations and circumstances that are not conducive for their growth and development. Since a majority of these children come from poor families who are migrants ·and live in slums or squatter dwellings, therefore, they do not have an equal sharing of socio – cultural and eonomic opportunities for care, protection and socialization. Poverty may be submitted as the primary as the primary cause of growing problem of street children in India. Poverty exposes these children to innumerable problems and as a result the child remains poor throughout the life. These children are not deprived of their rights but are also denied access to education and adequate health care.
UNICEF has defined ‘street children’ as children who live on the streets alone or with -their families, or children who spend· most of their times on the streets to fend themselves return home on -a regular basis). It is stated that while there are no recently published statistics, UNICEF reported that the number of street children in India was as high as 18 million in 2006.


These are the children who are more vulnerable in term of the harm/danger/risk to their right to survival/ development/ participation.

  1. Homeless children (pavement dwellers, displaced/evicted, etc.)
  2. Refugee and migrant children
  3. Orphaned or abandoned and destitute children
  4. Children whose parents cannot or are not able to take care of them
  5. Street and working children
  6. Child beggars
  7. Victims of child marriage
  8. Trafficked children
  9. Child prostitutes
  10. Children of prisoners
  11. Children affected by conflict/civil strife
  12. Children affected by disasters both natural and manmade
  13. Children affected by substance abuse, HIV/AIDS and other terminal diseases
  14. Disabled children
  15. Children belonging to ethnic, religious minorities and other marginalized groups
  16. The girl child
  17. The unborn child
  18. Children in conflict with law (those who commit crime)
  19. Children who are victims of crime.

Generally, children who are abused, neglected, abandoned and maltreated end up living in the streets. They do not have any other alternative and as such are faced to live their life in the streets. Mostly these children resort to varied odd jobs like rag pickers, shoe shine boys, washing utensils or serving ttea in dhabas or working as fitters etc on workshops or small mechanic shops. These children generally live in groups at construction sites without any habitation facilities. It is unfortunate that inspite of the various constitutional provisions for protecting the tender and young age of children, they continue to live in such deplorable conditions. Therefore, it is submitted that the poverty into which these children are born characteristics child labour.


• Child labour is undoubtedly the worst form of social evil existing in our Indian Society because children are required to work beyond their physical capacity and the number of hours they have to work interferes with their education, recreation and rest. Apart from this the wages that they get are not commensurate with the amount of work done. A major factor leading to child labour is poverty but at the same time equally important is the system that exploits the children and allows them to work. Child labour in India is said to be a product of socio – economic and cultural condition. Anti constitutional polices, inadequate legislative measures and lack of political will have also been considered as important factors responsible for the persistence of this unlawful social evil. In majority of the cases the attitude of parents and their inability to appreciate the Childs educational capabilities and intelligence have been taken as the root cause behind child labour.


• Further, in many cases the poor parents with bad habits and criminal tendencies win the confidence ·of the· child in convincing the child that education could not solve their problems and therefore the child is encouraged to work very early in life. As a result the child is not in a position to enjoy the benefit of state policy for free education to children only by the simple reason that the child cannot afford to miss the wages by going to school for education.
Therefore, as has already mentioned in the previous chapter the parliament enacted the Child labour (Prohibition and Regulation) Act, 1986 as a step towards concretizing the labour conditions of the child workforce. Next, the definition of ‘child in need of care and protection also includes a child who is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts. It is unfortunate that not only in India but throughout the world children are being exploited and abused. It is said that though we are fortunate to live in a century which recognises the existence of children as being in their own right and not as objects to be treated at will, yet child abuse is rampant.

• Parents and guardians are generally assumed and expected to naturally act in the best interest of the child but it is seen that this is not always so. Since children have no political power and their opinions are not given due weight they are dependent upon the adults and state to protect their rights but when this does not happen there is every possibility of these children being victims of sexual abuse and exploitation. As a result the sexual abuse of children is increasing by the day in every society. Internet has also contributed towards the increase in instances of sexual abuse of children because child sex has turned into global business through internet. It is submitted that the use of children in pornographic literature is also increasing. Newspapers expose only the tip of the ice berg, because the victims and their guardians refrain from reporting cases of sexual abuse because of the shame and guilt associated with it Sexual abuse of children is not only one of the worst forms of exploitation of children but also amounts to the violation of the basic human rights of the child Many other factors are also responsible for the heinous crime of sexual abuse of children. Moral values of men are degrading ‘by the clay because man has become materialistic specially with industrialization and growth of metropolitan cities. As a result incidence of sexual abuse is on the rise. But it is submitted that when the society was a rural one and joint family system existed in majority in every society, incidents of sexual abuse specially rape were negligible.


However, with the decline in the joint family system moral and spiritual values have degraded and the desire for material wealth and enjoyment of life have become the major concern for men. Unimaginable levels of corruption is present in the society. Man wants to have maximum enjoyment at the cost of others. This tendency is said to breed promiscuity and vulgarity, and therefore, in relation to the opposite sex man has become unhealthy and sick.
However, with the decline of moral values in society, and specially in metropolitan cities, females belonging to middle class families come in contact with the upper strata of the society and they desire for material comforts and luxuries beyond their reach.

Consequently, to fulfill such desire they willingly practice prostitution. Also, many a times young girls run away from home either because of poverty or abuse at the hands of the parents only to be abused again in the outside world. Some of these girls also leave home with the hope of making it big in the glamour industry but when they realize it is not possible they are forced to take up prostitution. Therefore, it would not be fair to only blame men for the sexual abuse of children.


Another factor for the ever growing problem of sexual abuse is poverty. Poverty makes children come to big cities from rural area in search of all kinds of odd jobs like domestic servants, servants in hotels, dhabas, offices etc. but in reality what they get is torture, sexual abuse and forced entry into prostitution. However, sexual abuse of children is not only limited at the· hands of the strangers. Nowadays, children are not safe in the hands of their own family members. Many a times children suffer sexual abuse at the hands of family members. As a result of which the child suffers not only physically but psychologically as well. This effects the emotional state of a child because in many cases the child is not able to disclose this to anybody out of fear and also because most of the time the parents would not believe the child. Once child marriages were common in society.
In India the Constitutional provisions contained in Articles 21, 23, 24, 39 (e) promote and protect the interest of children. Apart from the Constitutional Provisions the Immoral Traffic Prevention Act, 1956 lays down provisions for the purpose of dealing with the problem of prostitution. The Indian penal Code, 1860 has also rriade certain acts committed against children as offences punishable in accordance with law.

Addressing the lack of safe shelters for children in conflict with the law, the court urged every state to evaluate the condition of their Child Care Institutions as well as to provide education, healthcare, and proper nutrition to its residents. The court reiterated that government registration in accordance with the provisions of the Juvenile Justice Act was compulsory for child care institutions run by individuals or NGOs to avoid incidents of trafficking or child sexual abuse.

Juvenile Justice Board


In pursuance of Section-4 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 read with rule-3 of the Juvenile Justice (Care & Protection of Children) Model Rules, 2016, the State Government constitutes Juvenile Justice Boards in the districts time to time, for exercising the powers & to discharge duties, conferred on such Boards in relation to Children in Conflict with Law under this Act and Rule.

As per section-8 of the Juvenile Justice (Care & Protection of Children) Act, the Board shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under this Act, relating to children in conflict with law. The powers conferred on the Board by or under this Act may also be exercised by the High Court and the Children’s Court, when the proceedings comes before them in appeal, revision or otherwise.
As per Sub-section 3 of Section-8 of the Juvenile Justice (Care &
Protection of Children) Act, the Board shall perform the following functions, namely:-


a. ensuring the informed participation of the child and the parent or guardian, in every step of the process;
b. ensuring that the child’s rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation;
c. ensuring availability of legal aid for the child through the legal services institutions;
d. directing the Probation Officer, or in case a Probation Officer is not available to the Child Welfare Officer or a social worker, to undertake a social investigation into the case and submit a social investigation report within a period of fifteen days from the date of first production before the Board to ascertain the circumstances in which the alleged offence was committed;
e. adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 14;
f. transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to be in need of care and protection at any stage, thereby recognising that a child in conflict with law can also be a child in need of care simultaneously and there is a need for the Committee and the Board to be both involved;
g. disposing of the matter and passing a final order that includes an individual care plan for the child’s rehabilitation, including follow up by the Probation Officer or the District Child Protection Unit or a member of a non-governmental organisation, as may be required;
h. conducting inquiry for declaring fit persons regarding care of children in conflict with law;
i. conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the District Child Protection Unit and the State Government;
j. order the police for registration of first information report for offences committed against any child in conflict with law, under this Act or any other law for the time being in force, on a complaint made in this regard;
k. order the police for registration of first information report for offences committed against any child in need of care and protection, under this Act or any other law for the time being in force, on a written complaint by a Committee in this regard;
l. conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to the observation home; and
m. any other function as may be prescribed.

Ineffective working of Juvenile Justice Board:

There are many instances which might contribute to the concluding of the fact that the juvenile justice board is currently crumpling with insufficient funds,distorted infrastructure and lacking facilities to carry out its functions that it ought to carry out with full diligence. One of such instance is that the escape of 34 juveniles from Chennai’s Kellys juvenile home in 2016. Those who have been brought back confessed that they did such an act to escape from the torture in the home. There are several haunting truths inside juvenile homes that prove that the juvenile justice board is incapable of controlling even the basic functions that has been endowed to them. The current vocational training programmes that are being provided to the juveniles are of cooking, tailoring and hair cut. As per today’s times, such vocational training programmes stand outdated and cannot comply with the new existing market and practices that are followed and thus the juveniles don’t take interest in learning out of the courses. Even when the training/learning of computer science was introduced, most of the inmates created a ruckus by breaking. Several studies have been made that reflected the haunting episodes which are uncontrolled and not monitored by the juvenile justice board. There are number of complaints and cases where a juvenile is beaten up by the police authorities as soon as he is brought in an observation home and later by the senior inmates. They are forced to accept their involvement in criminal cases.

Many observers have documented the tendency of police to arrest and detain children in inhuman condition without good reason. In an incident, a 14-yearold juvenile from Jamnagar was sodomised allegedly by the four boys at the observation home on Gondal Road, Rajkot. They allegedly also beat four inmates with polymer pipes and two of the accused forced others to perform oral sex. They also filmed the victims naked. The peon who was on duty when the incident took place at the observation home, did not made any attempt to stop this incident or to report this incident. It has been found that in many cases the perpetrators are staff members including caretakers, security guards, etc in the observation homes. As per the report of Careshare India, it was even called as ‘pillai jail’ because of the overburdening of inmates. Scare hygiene, insufficient nutrition, lack of space, lack of drainage systems, water shortage-all this makes the children prone to contagious diseases and low hygiene levels in the homes.

All these indicate the lack of effective working of the juvenile justice board. There are several reasons for such incongruous nature of boards such as overcrowding, lack of community support etc. There are several problems that a juvenile justice board has to encounter with which they are not looking into. In such condition, empowering them with the discretion of deciding the fate of many juveniles is a threat to justice.

Measures should be been taken by the board instead of depriving the juveniles of rehabilitative scope. Instead of imposing the threat of punishments, law could have made arrangements that would help the juveniles reintegrate into the society.

What is Considered Rape?

“Silence does not mean yes. No can be thought and felt but never said. It can be screamed silently on the inside. It can be in the wordless stone of a clenched fist, fingernails digging into palm. Her lips sealed. Her eyes closed. His body just taking, never asking, never taught to question silence”

Amy Reed

I came across a post on Feminist’s Instagram.

This post struck a nerve that no other post ever did. Mainly because whoever this person (thedarkchocolatedandy) is, didn’t insult anyone, nor did they try to persuade anyone to believe them. All they did was point out how humans are different than animals and also that women aren’t a piece of meat.

I decided to make a post on what crosses the line from being intimate to being considered rape. I am not sure how comfortable I am with men and most women not knowing or understanding what rape is and who the assailant is, and also that no reason is justifiable for rape, however, I wanted to make it clear and give no one who reads this an opportunity to claim they were unaware.

Take this post as a guide to know what is rape.

What is Consent?

The general definition of consent is to allow or permit for something to happen.

Consent in terms of sex or intimacy refers to agreeing to have sexual intercourse with someone and letting them know about it. It also includes finding out where the other person stands.

Consent is restricted and comes with thick boundaries. A person may consent to sexting, but not actually having sex, or vice versa.

Consent could also be restricted to just being physical and not actually having sex.

Take for instance the Netflix Original, “GUILTY”. A beautiful movie loudly stating that consent doesn’t give permission for anything and everything. Tanu (Akansha Ranjan), accuses VJ (Gurfateh Singh Pirzada) of raping her. Throughout the movie everyone had numerous reasons to tag her a fibster, they refused to believe her, they ridiculed her, said she was asking for it. The biggest reason was that she was very into VJ and that she threw herself on him quite a lot. In the end it was revealed that she wanted to have sex with VJ. She was consenting to the sex. What she wasn’t consenting to is being watched by VJ’s friends and being recorded. She didn’t consent to being sexually assaulted while the two bystanders ridiculed her and lead VJ on.

This movie is an eye-opener and covers many reasons rape culture still persists in our society.

When do you NOT have Consent?

  • When a person is sleeping or unconscious
  • When a person is drugged or intoxicated
  • When you are threatening them
  • You use a position of authority or trust
  • Consent is withdrawn
  • When you ignore their NO, cries and physically being pushed away
  • When you have consent for only one form of sexual act and not the other
  • When they are pressured

Verbal Consents:

  • Yes
  • I am sure
  • I want to
  • Don’t stop
  • Go on
  • I still want to
  • I want you to
  • I’m ready
  • Yes please
  • I am comfortable
  • I want to continue

Verbal Disagreements:

  • No
  • Stop
  • I don’t want to
  • I am not sure
  • I don’t think so
  • Please don’t
  • Please stop
  • This makes me uncomfortable
  • I want to stop
  • I don’t want to continue
  • This feels wrong
  • Maybe we should wait
  • Diverting the topic
  • I want to, BUT
  • Saying Yes fearfully

Non-Verbal Disagreement:

  • Pushing Away
  • Pulling Away
  • Crying
  • Avoiding Eye Contact
  • Silence
  • Shaking their head no
  • Standing/Lying motionlessly
  • Looking Scared
  • Not removing their own clothes

What is Rape?

Sexual Assault refers to any form of sexual contact or behaviours without explicit consent by the victim. Attempted Rape, Unwanted touching, forcing a victim to perform sexual favours, oral or penetrating penis or any other object.

The Medical definition of Rape is, “Forced sexual intercourse, and/or forced sexual assault between two or more people is considered rape. Rape may be heterosexual or homosexual. Rape involves insertion of penis or any inanimate object into a person’s vagina, anus, mouth. Rape also includes any other sexual acts.” Force here doesn’t just refer to physical force; blackmail, psychological manipulation to coerce someone into being sexually active is also considered rape.

Sexual intercourse between an adult and a minor is legally considered statutory rape. The adult is found guilty even if the minor was consenting.

Intimacy with a minor wife is considered rape in India.

Marriage is not a licence for either partner to force an unwilling partner to have sex. Marital/Spousal Rape is now recognized and is a criminal offence.

Date Rape, sexual assault followed by the victim being drugged or psychologically manipulated.

Intoxicated Rape is when the victim is drunk and unconscious, not in the state to make a sober choice.

Consent taken by threatening the victim or victims loved ones is also considered rape.

Gang Rape occurs when a group of people rape a person.

Rapes in prisons and jails by other inmates or prison officials is also an offence, often overlooked and unreported.

Serial Rape is the rape committed continuously over a relatively long time period.

Payback/Punishment Rape is when a person rapes another out of spite.

War Rapes are rapes committed by soldiers during war as a way to force prostitution and slavery to insult an entire country.

Deceptive Rape is the rape that occurs when the rapist rapes a victim by gaining consent by misleading them.

Corrective Rape is a hate crime where homosexuals, trans and queer individuals are raped hoping to “correct” them. To force them to “turn” heterosexual.

Custodial Rape is the rape occurred in custody of police, hospitals, old age homes, orphanages or any other employee of the state.

Prostitution Rapes are rapes where rapists force prostitutes to have sex without paying them for their services, to inflicting pain and torture (cigarette burns, slapping, choking).

Exchange Rape is the rape where sexual favours are exchanged for money, rent, food, drugs or any other resource.

Punitive Rape is when rape is used to punish or discipline someone. Usually by an abusive teacher, parent, Religious leader, or a peer.

Incest Rape is when a victim is raped by family member.

Consenting Rape is when a consenting partner withdraws consent, but the rapist doesn’t stop and continues to get sexually intimate. Consenting rape is also when the victim consents, but isn’t completely “into it.”

Rape Culture

Rape Culture refers to the sociological concept of normalizing rape, and blaming victims for dressing or acting provocatively. A few illustrations of Rape Culture include:

  • Blaming the victim
    • She dressed provocatively
    • She shouldn’t have been out so late
    • She is already sexually active, who says she didn’t want it?
  • Boys will be boys
  • Tolerating sexual harassment
  • Assuming only immoral women get raped
  • Making degrading jokes about women
  • Associating “manhood” as dominant and sexually aggressive
  • Associating “womanhood” as submissive and sexually passive
  • Offensive memes
  • Not believing people who speak out
  • “You haven’t been raped yet, so chill”
  • Slut-shaming and congratulating men on “scoring”
  • Calling young women gold diggers when they marry old and older woman, cougars
  • Objectifying Women
  • Associating Rape to Victims character and not the rapists

Rape Culture is the direct consequence of toxic masculinity. The heavily patriarchal world teaches and forces boys and men to be strong and exert “masculinity” in the form of dominance, arrogance and sexual and physical aggression.

The only solution is to fight patriarchy.

Support for Those in Distress

The National Commission for Women, provides a set of helpline numbers, legal aid, and counselling contacts.

Justice Delayed is Justice Denied

“Justice delayed is justice denied” is a legal maxim. It implies that if legitimate review or fair help to a harmed party is accessible, however isn’t approaching in an opportune manner, it is successfully equivalent to having no cure by any stretch of the imagination.

This rule is the reason for the privilege to a fast preliminary and comparative rights which are intended to facilitate the lawful framework, on account of the injustice for the harmed party who continued the injury having little trust in opportune and compelling cure and goal. The expression has become a revitalizing weep for lawful reformers who view courts, councils, judges, mediators, authoritative law judges, commissions or governments as acting too gradually in settling lawful issues — either in light of the fact that the case is excessively unpredictable, the current framework is excessively mind boggling or overburdened, or on the grounds that the issue or gathering being referred to needs political kindness. Singular cases might be affected by legal aversion to settle on a choice. Resolutions and court rules have attempted to control the propensity; and judges might be dependent upon oversight and even order for tireless disappointments to convenient choose matters, or precisely report their excess.

Justice is one of civilisation’s primary objectives. It is subsequently basic for the legal executive to play out its obligation appropriately for any general public to proceed with its quest for harmony, amicability and progress. Shockingly, the Indian legal executive, notwithstanding its numerous victories, experiences extreme auxiliary issues that keep it from working appropriately. The legal executive’s travails, explicitly those identifying with deferrals and overabundance are very much reported and needn’t bother with reiteration. In any case, it is just over the most recent couple of years that these basic issues have been exceptional seen observationally because of the accessibility of better information. It is presently conceivable to survey, in a genuinely point by point way, the legal executive on boundaries, for example, spending plans, HR, remaining burden, assorted variety, foundation, and patterns throughout the years. We can likewise precisely analyse the pendency and excess issue at region and taluka level as well as at court complex levels.

From a bigger viewpoint, legal deferrals likewise lead to vulnerability with respect to laws and their application — the continuous case in the Supreme Court in regards to the use of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 and the assurance of remuneration thereunder has basically ended land securing case in the nation. Cases identified with land securing in the subordinate courts stay pending for a long time by and large and are a class of cases that set aside the most effort to be settled in court. A basic change required is the need to choose a full-time legal organization framework. Globally, legal organization is viewed as being subordinate to crafted by judges and is done by committed and concentrated faculty to help judges effectively play out their legal obligations. The foundation of a committed and prepared unit to offer help to the legal executive through case the board, help with planning, dealing with managerial errands, and guaranteeing support of court framework will go far in empowering the legal executive to concentrate on the organization of justice.

Anger management

Getting angry on someone is the most easiest thing because it almost happens all the time. Can we control anger? Can we stop before we get it? Anger is a sudden reaction of the pressure inside that occurred due to disagreement of your opinion. Anger has a great impact because we speak without control. Words that come out of our mouth were actually came from our heart. Usually people hide the true opinions and try to fake friendships. But due to this sudden process the opinion of us over others comes out in a sudden manner.

Things done can never be undone so think before you do. Thinking about done doesn’t erase done. Neither can we change the past not set the future. So think about present because it’s the only thing that’s in our control. May be I can modify the sentence as present is also not in our hands atleast we have a feel that it’s in our control. The feel of real is not real but we are atmost in real. It gives us confidence and hope of our chances to change our present. Going with the flow is a old phrase which makes our lives flow like a wave in a sea. Have focus because its something that stops us from making something. Our conscience reacts only when it’s emergency, so depending on it is not trustworthy.

Have a clarity over your doing. Anger can’t be stopped from getting started. But we can decrease the intensity. We don’t know the initial point of the anger when it’s about to start. But we can remember it only after the incident. So try to stop the origin isn’t in our hands because it happens all of sudden and we don’t have control over it. So try to save ourselves from becoming worse is the only option left with us. We get to know about ourself at the time of anger. We need to control ourselves by shifting our thought to some other thoughts.

Manage your anger by thinking of something else and let your brian think in different direction. Have a shift over your thoughts and manage your anger. Don’t try to stop anger because you can’t stop it. Try to control the intense when you have conscience over your doing. It decreases the intense of your anger and thereby letting you mange your anger.

IS ASTROLOGY A MYTH OR FACT?

Astrology and Free Horoscopes | Jessica Adams Astrologer

Astrology is the study of the movements of the planets, sun, moon, and stars in the belief that these movements can have an influence on people’s lives. Astrology originated in Babylon far back in antiquity, with the Babylonians developing their own form of horoscopes around 2,400 years ago. Then around 2,100 years ago, astrology spread to the eastern Mediterranean, becoming popular in Egypt, which at the time was under the control of a dynasty of Greek kings.

Astrology is a very vast science. It is practiced in almost all the religions of world and each religion have different principles and methods for predicting future and revealing destiny. Many cultures have attached importance to astronomical events, and the Indians, Chinese, and Maya developed elaborate systems for predicting terrestrial events from celestial observations. In the West, astrology most often consists of a system of horoscopes  purporting to explain aspects of a person’s personality and predict future events in their life based on the positions of the sun, moon, and other celestial objects at the time of their birth. The majority of professional astrologers rely on such systems.

They made the calendar, predicted the tides, estimated the harvest season, followed the stars in the sea, and so forth. It helped, so it became the science of the day.

Things moved in the sky, but they always came back. Always. And they came in patterns. Just like how humans are born and dead. The cycle – the cycle of life. Maybe, just maybe, the celestial alignment breathes the very same cycle of life? A few thought so anyways.

With a gripping delusion, they projected everything up high, to the sky; the joy, the suffering, the pain, the flood, the death, the birth, the entire human existence. And right there in the night, under the gazing stars and the moon, astrology was born. An ancient pattern matching scheme – a manual one. And, astrology thrived.

They started manually collecting the celestial alignment at birth data of all the kings, queens, royals, servants, saints, widows and witches. And, then they manually labelled it, and looked for patterns. They checked if all royals had some celestial alignment in common, and the same went for the poor and the misfortunate. Criss-cross. Cross-criss. Thus began the humongous scheme of pattern matching.Through years and years of data collection, pattern matching and model learning, they tuned their model and churned out the model that best fits their data.A chart was stuck to you upon birth. A lifeline that tells your destiny, your personality, your likes and your dislikes. The one that indicates everything; your everything, even your sex life.To be honest, it’s an ingenious idea, and great efforts too. Mind the time, this is thousands of years ago, when they didn’t even have a WiFi.

As years roll on, the scientific community rejects astrology as it has no explanatory power for describing the universe, and considers it a pseudoscience. Scientific testing of astrology has been conducted, and no evidence has been found to support any of the premises or purported effects outlined in astrological traditions. There is no proposed mechanism of action by which the positions and motions of stars and planets could affect people and events on Earth that does not contradict well understood, basic aspects of biology and physics. Those who continue to have faith in astrology have been characterised as doing so. In spite of the fact that there is no verified scientific basis for their beliefs, and indeed that there is strong evidence to the contrary.

Confirmation bias is a form of cognitive bias, a psychological factor that contributes to belief in astrology. Astrology believers tend to selectively remember predictions that turn out to be true, and do not remember those that turn out false. Another, separate, form of confirmation bias also plays a role, where believers often fail to distinguish between messages that demonstrate special ability and those that do not. Thus there are two distinct forms of confirmation bias that are under study with respect to astrological believe.

Across several centuries of testing, the predictions of astrology have never been more accurate than that expected by chance alone. One approach used in testing astrology quantitatively is through blind experiment.

Universal Declaration of Human Rights (UDHR)

“The rights of every man are diminished when the rights of one man are threatened.”

John F. Kennedy

One week after World War II began, Herbert George Wells, wrote to the Times of London, with “What are we fighting for?” The science fiction writer answered his own questions with, “The Rights of Man.” On the February 5th publication of the Daily Herald in 1940, Wells published his own “Declaration of Rights.” This article was well received and was later turned into a book.

The United Nations (UN) was founded in 1945. The two main resolutions were; to prevent another world war and to attempt to make the world a better place for all the citizens of the world. The idea of the United Nations was suggested by the League of Nations, established in 1919 (post World War I). In 1878, Congress of Berlin was formed the same way the League of Nations was formed. Yet it wasn’t successful in avoiding World War I. UN was formed in hopes to rectify the shortcomings of the Congress of Berlin and the League of Nations.

On 10th December 1948, unanimously the General Assembly of the United Nations passed the Universal Declaration of Human Rights (UDHR). The 30 articles and sub-clauses of the UDHR promotes and the UN and Human Rights Commission (HRC), oversee that “everyone is entitled to all of the rights and freedoms set forth in this Declarations, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

The UDHR comprises the basic human rights every person deserves, like the civil and political right to life, free speech, privacy, seeking asylum, freedom from torture, right to education and so much more.

Below I list every Article of the UDHR and an explanation.

“Article 1: 

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

Every person born into this world has equal worth and rights. Everyone should be kind and respectful of others.

“Article 2: 

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.”

No matter a person’s, race, colour, sex, or any other difference, everyone is entitled to all the rights listed in this Declaration.

“Article 3: 

Everyone has the right to life, liberty and security of person.”

Everyone has a right to live, freely and securely.

“Article 4: 

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

No one can be enslaved or punished for being alive.

“Article 5: 

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

No one deserves or should be tortured or subjected to cruelty, inhumanity, or degrading behavior.

“Article 6: 

Everyone has the right to recognition everywhere as a person before the law.”

Everyone in this world has the right to be recognized everywhere as a person.

“Article 7: 

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection….”

Everyone is equal before the law and is entitled to impartiality. And if anyone faces discrimination, they deserve equal protection.

“Article 8: 

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

Everyone has the right to legal support if and when needed/

“Article 9: 

No one shall be subjected to arbitrary arrest, detention or exile.”

No one, unless proven guilty, can be arrested or exiled.

“Article 10: 

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”

Everyone accused of a crime has a right to a fair and equal public trial. Subjective judgment is a violation of Human Rights.

“Article 11: 

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a….”

Everyone accused of a crime has the right to be considered innocent until proven guilty.

“Article 12: 

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

No one has the right to enter another persons’ house, mail, or intrude without a good reason. We have a right to be protected if that happens.

“Article 13: 

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

 (2) Everyone has the right to leave any country, including his own, and to return to his country.”

Everyone has the right to move around one’s home country and travel abroad with proper documents.

“Article 14: 

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

 (2) This right may not be invoked in the case of…..”

If a person is at risk of harm in one’s own country, one has the right to seek asylum in other nations.

“Article 15: 

(1) Everyone has the right to a nationality.

 (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

Everyone has a right to be a citizen of a country, and no one or government can deny that without a justifiable reason.

“Article 16: 

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during….”

Every one of the legal age has the right to marry and start a family without any limitation of any race, nationality, religion, or any other reason.

“Article 17: 

(1) Everyone has the right to own property alone as well as in association with others.

 (2) No one shall be arbitrarily deprived of his property.”

Everyone has the right to own a property, and anyone deprived of this right is a violation of Human Rights.

“Article 18: 

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”

Everyone has a right to their thoughts, beliefs, and religion. Anyone wishing to change their religion is entitled to do so.

“Article 19: 

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Everyone has the right to express their thoughts and opinions freely with anyone.

“Article 20: 

(1) Everyone has the right to freedom of peaceful assembly and association.

 (2) No one may be compelled to belong to an association.”

Everyone has the right to form groups and organize peaceful protests. Anyone denying a person or group of protesting peacefully is violating Human Rights.

“Article 21: 

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives……”

Everyone has the right to freely choose their political representative. Either by democracy or any other method. Any government or leader denying that right is violating Human Rights.

“Article 22: 

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international…..”

“The society we live in should help every person develop to their best ability through access to work, involvement in cultural activity, and the right to social welfare. Every person in society should have the freedom to develop their personality with the support of the resources available in that country.”

“Article 23: 

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions……”

Everyone has the right to work and freely choose any occupation. Unless the person is underqualified, no one can be denied the position.

“Article 24: 

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.”

Everyone has the right to work reasonable hours. Everyone holds the right to enjoy leisure time each week. Any overtime spent working needs to be compensated with additional holiday/vacation pay.

“Article 25: 

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food…..”

Everyone has the right to adequate food, clothing, housing, and healthcare. Everyone who is unable to work, or work adequately is entitled to benefits. Every disabled person is entitled to services and benefits to make life easier.

“Article 26: 

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made…….”

Everyone has the right to educations and elementary and primary education should be free for all. Education every child receives should include these rights and fundamental freedoms. Every parent has the right to choose the right kind of education for their children.

“Article 27: 

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in…..”

Everyone has the right to freely participate in the cultural activities of the community and also hold the right to reserve the copyright of one’s work.

“Article 28: 

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.”

Everyone has the right to live peacefully at the local, national, and international order that this Declaration provides.

“Article 29: 

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible……”

“We have duties to the community we live in that should allow us to develop as fully as possible. The law should guarantee human rights and should allow everyone to enjoy the same mutual respect.”

“Article 30: 

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.”

No person, group, or government holds the right to deny or destroy the rights and freedoms allocated by this Declaration.

Many countries, governments, and influenced groups are violating these basic Human Rights. A few examples of this are listed below:

  • Landlords forcibly evicting tenants who are unable to pay rent amidst the COVID-19 pandemic.
  • The Indian government detaining peaceful protestors during the anti-NRC and anti-CAA protests in 2019-20.
  • Police Brutality in the form of custodial rapes, custodial torture, no-knock searches, wrongful imprisonment, denial of medical attention, excessive force, and more.
  • Dictator rulers are violating human rights.
  • Victims being denied justice.
  • Systematic- Racism and Discrimination against African-American citizens in America.
  • Chinese Political unjust towards Uighur Muslims.
  • Civil War zones in Syria, Yemen, and other countries.
  • Malnourished people being denied access to food and necessities,
  • Political prisoners” who spoke out against their government.

This is list can go on, so many people are being denied basic human rights.

To MARS, Or Not To MARS ?

Strap yourself in, we are going on a trip in our favorite rocket ship, steering through the clouds like little Einsteins. Climb aboard and get ready to explore, the Red Planet- Mars. From hostile deserts, to lonely islands and the highest mountains, wherever there is space to expand into, humans do so.

Hence it is hardly surprising that we are all ready to set foot into Mars and create the first permanent colony outside of Earth maybe even terraform another planet and turn it into a second blue home.

If you don’t know who is Elon Musk, then you better start googling his name and get to know him. Not only is he the billionaire founder of Tesla Motors, this a.k.a. Iron man superhero Tony Stark has ambitious plans to send humans to Mars by 2025.

If this is a trip then like any other, there is a need for a checklist with list of items to be taken to Mars and items we can conveniently leave back on Earth. Let’s get started fellow Martians.

A MARS COLONY CHECKLIST :

  • PORTABLE OXYGEN GENERATOR- You need to breathe. In case of emergency, a standby kit to generate oxygen is required. But considering humans, we might need a mask too because air is our favourite natural element to pollute.
  • PORTABLE SOLAR POWER KIT- Low battery and no charger sounds as scary as the trip itself. Whatever electronics you are bringing, as long as there is no electricity, forget about your entertainment. You don’t want to die of boredom.
  • PORTABLE WATER FILTER- We know there is frozen water on the planet. But we dont know if ita drinkable. All the ice deserves a drink, so bring a filter and soda-making machine if excess luggage permits (check with your airline)
  • PLANT SEEDS- Once you run out of your snacks you should look into farming. Be prepared, bring some seeds and check some tutorials on gardening (preferably in space).
  • LONELINESS- Self isolation might be needed to avoid radioactive exposure, well looks like the year 2020 is indeed a good practice for it. Also aren’t we all lonely from inside (No? just me? Okay…. *crawls back into my hole*)
  • NUCLEAR REACTORS- For creating a safe atmosphere and not the nuclear weapons that Nations own for “defense purposes” Let those weapons stay on Earth along with the people who threaten to use them because there isn’t much spice in their lives.
  • MULTIMILLION DOLLAR SPACESHIP – So large that it could fit the 150 Million homeless around the world, people who have been disappointed by the Politicians and their promises.
  • A HIGH TOLERENCE – A tolerance level higher than what we have to everything on social media and to the lifestyle of new generations.
  • MAA KE HAAT KA KHANA – A nice Tupperware tiffin box with food made by your Moms because, The M.O.M on Mars doesn’t cook or do ALL your work. (M.O.M –Mars Orbiter Mission also called Mangalyaan)

Lastly a desire to get away from it all. Elon Musk is not crazy, but a visionary, a modern adventurer who dares to dream. NASA is behind him by committing to send the first batch of astronauts on his mission. More than 200,000 people have signed up for the one-way ticket to Mars including Leonardo DiCaprio. Musk hopes to send 1 million people to the Red Planet and a ticket is estimated to cost around USD200,000 for each passenger (Hefty I know, but you get to travel with Leo as your travel buddy, hopefully this space- SHIP doesn’t sink).

Well as scary and uncertain as everything sounds it all comes down to one very important factor, Does Mars have Wi-Fi?

Child In Conflict With Law

Every child has the inherent potential to grow up and achieve his or her full potential and contribute positively towards the growth of nation and society. The Constitution of India grants children the highest priority for their protection and well being. The Juvenile Justice (Care and Protection of Children) Act, 2015 adopted by Government of India takes a holistic approach towards protecting the rights of the children by providing for proper care, protection, development, treatment and social re-integration of children in difficult circumstances by adopting a child – friendly approach.
Children are born innocent; however, due to multiple factors, many children adopt behaviours which are defined as delinquent and sometimes being “in conflict with law”. These behaviours range from emotional outburst, petty thefts, substance abuse, violent or aggressive behaviour to more serious types of crimes. These behaviours are often learned early in life. However, parents, family members, and others who care for children can help them learn to deal with emotions without using violence. Studies show that children internalize norms of society through strong bonds with pa rents and others, which protect against delinquent impulses.

Child in Conflict with Law

“Child in Conflict with Law” has been defined under Section 2 (l3) of the Juvenile Justice (Care & Protection of Children) Act, 2015 as a child who is alleged or found to have committed an offence and has not completed eighteen years of age on the date of commission of such offence.

Juvenile delinquency, also known “juvenile offending”, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. A juvenile delinquent in the United States is a person who is typically below 18 years of age and commits an act that otherwise would have been charged as a crime if they were an adult. Juvenile crimes can range from status offenses (such as underage smoking/drinking), to property crimes and violent.

Offences Alleged to be committed by Children

The Juvenile Justice System assumes that a child offender is a product of unfavorable environment and is entitled to a fresh chance to begin his life. The offences may have been committed without any criminal intent on certain occasions. The child probably lacks foresight on the repercussions/consequences of his actions. It is accepted that a child offender should not be given punishment based on the kind of offence he /she has committed but should be given an individual treatment which is reformative in nature and which is based on his /her need, psychological and social background.
According to National Crime Record Bureau, a total of 31,396 cases of “children in conflict with law” (CCL) were reported in 2015 and the rate of crime committed by them was 2.1 per cent. However, a majority of these cases are petty crimes and are preventable by providing proper guidance and counselling to children and economic strengthening of their families. An analysis of children who were in conflict with law shows that majority of them belonged to economically weaker section (42.5 per cent). Around 11.5 per cent of them were illiterate while another 43.4 per cent were educated up to primary level only ( Crime in India 2015: Compendium ; NCRB).

Causes of juvenile delinquency

There are many factors contributing towards the criminal nature of the youth. Most of these youths come from families of discord or abuse. Peer pressure, neighbourhood also influence the development of a child. Poverty is also one of the main causes for a delinquent youth. Although education plays an important role in moulding the future citizens, the system somewhere lacks in the ability of holding the attention of nonbookish and non-academic individuals and thus contributes towards many cases of juvenile delinquency. Delinquents are typically those who take studies like a burden and on being rebuked turn towards crime. There are some measures which may help in reforming these children:

  1. Instil in them a sense of security and give them the love and affection that they may have been deprived of.
  2. Parents should be counselled to detect early signs of maladjustments, so that any tendency towards delinquency may be destroyed at the roots.
  3. A sense of moral and social values should be instilled in them at the very beginning.
  4. Bring about a change in the community that encourages such behaviour.
  5. Schools should adopt the option of skill management and vocational training, so that children who are not academic by nature have the option of developing a skill which will give them the opportunity to earn a livelihood even without formal education.
  6. Once a delinquent behaviour has been detected, one must remember to reject the behaviour and not the individual.

Types of Crimes Committed by children

Various types of offences committed by children in conflict with law have been defined under the JJ Act, 2015 as follows:

  1. Petty offences : Petty offences include the offences for which the maximum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment up to three years.
  2. Serious Offences : Serious offences include the offences for which the punishment under the Indian Penal Code or any other law for the time being in force is imprisonment between three to seven years.
  3. Heinous Offences : Heinous offences committed by children in conflict with law include the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more.
    Delinquency exhibits a variety of styles of conduct or forms of behavior. Each of the patterns has its own social context, the causes that are alleged to bring it about, and the forms of prevention or treatment most often suggested as appropriate for the pattern in question. Howard Becker has referred to four types of delinquencies:
    • individual delinquency
    • group-supported delinquency
    • organized delinquency
    • situational delinquency
    Individual delinquency
    This refers to delinquency in which only one individual is involved in committing a delinquent act and its cause is located within the individual delinquent. Most of the explanations of this delinquent behavior come from psychiatrists. Their argument is that delinquency is cause d by psychological problems that primarily stem from defective/faulty/pathological family interaction patterns.
  4. Group – supported delinquency
    In this type, delinquencies are committed in companionship with others and the cause is located not in the personality of the individual or in the delinquent’s family but in the culture of the individual’s home and neighbourhood. The studies of Thrasher and Shaw and McKay talk of this type of delinquency. Research findings suggest that most young children who became delinquent was because of their association and companionship with others who were already delinquent. Unlike the psychogenic explanations, this set of ideas focuses on what is learnt and who it is learnt from rather than on the problems that might produce motivation to commit delinquencies.
    Organized delinquency
    This type refers to delinquencies that are committed by formally organized groups. These delinquencies were analysed in the United States in the 1950s and the concept of “delinquent sub – culture” was developed. This concept refers to the set of values and norms that guide the behavior of group members to encourage the commission of delinquencies, award status on the basis of such acts and specify typical relationships to persons who fail outside the groupings governed by group norms.
    Situational delinquency
    The above – mentioned three types of delinquencies have one thing in common. In all of them, delinquency is viewed as having deep roots. In individual delinquency (according to the psychogenic explanation), the roots of delinquency lie primarily within the individual. In group – supported and organized delinquencies (the sociogenic explanation), the roots (of delinquency) lie in the structure of the society with emphasis either on the ecological areas where delinquency prevails or on the systematic way in which social structure places some individuals in a poor position to compete for success.
    Situational delinquency provides a different perspective. Here the assumption is that delinquency is not deeply rooted, and motives for delinquency and means for controlling it are often relatively simple. A young man indulges in a delinquent act without having a deep commitment to delinquency because of less developed impulse – control and/or because of weaker reinforcement of family restraints, and because he has relatively little to lose even if caught. David Matza is one scholar who refers to this type of delinquency. However, the concept of situational delinquency is undeveloped and is not given much relevance in the problem of delinquency causation. It is a supplement to rather than a replacement of other types.
    A study by Parackal and Panicker (2016) reveals that most adolescent criminal behaviour is specific to adolescence period and will not continue into adulthood. Much like a toddler outgrows temper tantrums, most adolescents will outgrow deviant behaviour. The National Crime Records Bureau (NCRB) is the only available national resource to understand the magnitude of Juvenile delinquency in India. In India, crimes are usually classified into crimes under India Penal Code (IPC) and crimes under Special and Local Laws (SLL). The number of cases registered under various sections of IPC crimes against juveniles (in conflict with law) in 2015 have decreased by 6.3 per cent during 2015 over 2014 as 33,526 cases under IPC crimes were registered against juveniles during 2014 which decreased to 31,396 such cases in 2015. Cases of juveniles in conflict with law registered under various SLL crimes have decreased by 59.6 per cent in 2015 as compared to 2014 as 5,039 cases of juveniles in conflict with law under SLL registered in 2014 which decreased to 2,037 cases in 2015. The National Crime Records Bureau statistics of 2015 depicts that 41,385 children were apprehended in 2015 as opposed to 48,230 children in 2014, i.e., 1.1 percent less than the share of children apprehended in 2014.
    Even though the fall in children in conflict with law is marginal, it is a positive sign. In comparison to the UK and the USA, the overall child crimes in India in 2014 is 2.1 per cent which is less and not increasing at rapid pace as compared to these developed nations. Given such low participation of children in offences, they should not be viewed as creating a moral panic in society as portrayed or reported in newspapers, videos, and television.                                                                 The NCRB shows that 27 per cent CCL were involved in property-related offences. Children involved in serious and heinous offences of murder and rape constituted only a miniscule with only 2.8 per cent and 5.9 per cent of the total IPC crimes committed by children and 2.1 per cent and 5.1 per cent of the total juvenile crimes in 2014 (NCRB, 2014). This data highlights that children’s involvement in serious and heinous crime is marginal and thus, it is very important to ensure that we reduce the risk factors and prevent our children from getting into crime.

What is to be done

Parents, teachers, schools, community and law enforcement agencies need to understand, prevent and reduce risk factors which may push children towards adopting behaviours that may harm them and the wider society and are defined as being in conflict with law. There is enough evidence to prove that with the right kind of prevention and rehabilitation most children adjust, reform, and return to the maturity of adulthood.


Thus, it becomes important to identify risk factors, i.e. factors whose presence and early exposure enhances the likelihood of engaging in delinquency and other behaviour problems. Protective factors are those which mitigate the influence of risk factors. In recent years, studies of juvenile delinquency and justice system have increasingly examined the impact of these strengths (protective factors) on youth’s ability to overcome challenges and thrive. Generally, protective factors – such as positive school attendance, positive social orientation or the ability to discuss problems with parents – are a buffer to minimize or moderate the effect of risk factors and their ability to bring about delinquent behaviour.
Children form an important and integral part of every -society in the world. In their tiny shoulders rests the future of mankind. It is, therefore, the duty of every society to provide proper care and attention to every child. Also their very dependent nature makes them entitled to special care and attention in the family and society at large. The fact that they are innocent and immature makes them vulnerable to all forms of exploitation. Therefore, a better state and peaceful society can be created only if the childhood of every child is properly nurtured, nourished and protected. A nation’s future is dependent on the children because they are the pillars which forms the basis of the future generation. who is a child in need of care and protection? It is said that the identification of child in need of care and protection is the basic work in solving their problems. It is, therefore, important to discuss the meaning of ‘child in need of care and protection’ and also to analyse the various provisions incorporated under the Juvenile Justice (Care and Protection of Children Act), 2000 regarding the care and protection of child in need of care and protection.

We Need Empathy not Apathy

“Apathy. What’s hard to understand? They don’t care. Not until it affects them.”

Donna Lynn Hope

For the first few months as an amateur liberal feminist, I responded to offensive comments and sly remarks with, “Would you still feel the same way if it was someone you knew?”

I would gleam with pride as I see them contemplate for a second.

Now, months later I realize the problem in that. Why should something affect us or someone we know and love, to realize the adverse effects on any social, political, economic, ecological, psychological at stake? Why can’t we feel the same pain and understand a stranger? Why do we need it to get personal?

It sounds spiteful to say that we lack compassion, but it’s true.

Here are a few instances where I was put on the spot with pointless questions and remarks that the world will be a better place without. I live in a country, where my religion is the principal religion, where my voice matter, while my peers’ don’t. I choose to use my voice to scream louder than ever to bring about a change in every individual. As a result, I am questioned for choosing to use my privileged voice to advocate for equality, mental health, LGBTQ rights, and against systematic racism, corruption and just anything wrong.

  • None of my family members and close friends are Muslims. Every time I advocate for equality for Muslims, and their basic human rights. I am countered with “Do you have a Muslim boyfriend or something?” Why should I have a Muslim boyfriend, or a friend or even a relative? Why can’t I just fight for someone without having any personal agenda?
  • Another common question I always am asked is, “If you’re so openly advocating for Muslim rights, then why don’t you befriend any Muslims?” It’s simple, I am not an institution, nor do I follow a religion quota. I don’t make friends based on their religion or culture. I will not go and make a Muslim friend just to justify my fight.
  • When I advocate for LGBTQ rights, people question my sexuality. They think I’d be offended. I am offended, not by their question but by their audacity to still think being anything but heterosexual is a joke.
  • When I stand for Black Lives Matter, I am asked if I am not concerned about Dalits, Muslims and every other marginalized community in India. I ask, didn’t you ridicule me for that already?

Many more occurrences come to mind, but my point is made.

We lack empathy. We refuse to understand another without getting something in return. We can’t be so cruel to build a business on emotions and humanity, right?

In actuality, we have a huge fucking empire built on humanity, where they sell corruption and apathy. Where people are exploited and made political prisoners. Where people are killed ruthlessly with word and actions, and further with batons and nails.

We are more interested in who said and did what, and less about the sufferings of the person next door.

Why can’t we each work on ourselves to bring about a revolutionary change. Where we support one another and make this world a better, safer and happier place.

Patriarchy

Patriarchy refers to a society dominated by men i.e. society, state and the economy are characterised by systematic, institutionalised and pervasive gender oppression.

Patriarchy is a system – a dynamic web – of particular ideas and relationships. Patriarchy can be updated and modernized. It is stunningly adaptable. That is the sense in which it is useful to talk about patriarchy as ‘sustainable’.

In a literal sense, patriarchy means rule by the father. A patriarchal family is therefore dominated by the father with power transferred down the male line, whereas a patriarchal society is based upon male dominance.

It is a social system that values masculinity over femininity. This type of social system dictates that men are entitled to be in charge and dominate women. And it implies the nature state of gender relations is a dynamic of dominance and submission. According to patriarchal society, women are seen weak, submissive and an extension of men, and the highest accomplishment a woman can hope to attain is marriage and child birthing.


On the reverse end of the spectrum, men are expected to be physically and emotionally strong, dominating, and the breadwinner and protector of his family. Although the domination of women today might not be as bad as, say, a couple hundred years ago when women had no legal rights and were considered their husbands property. Gender is still something that is strictly enforces on people today. In patriarchal society’s, cisgender men are typically valued over cisgender women.


However the system forces people into strict boxes called ‘gender roles’, and gender roles hurt everybody. If someone who is assigned a certain gender at birth doesn’t fit into the social norms expected of that gender, they’re often ostracized by society. In the past hundred years or so we’ve seen a loosening of gender roles for women but not so much for men. Women can act or dress in a more masculine fashion with less repercussions that if a man were to act or dress in a feminine way. This stems from the valuing of masculine traits over feminine traits and the association of femininity with weakness. It’s more okay for a woman to ”act like a man”, or whatever that means, than it is for a man to ”act like a woman”. However, the patriarchy doesn’t just harm cis women and cis men. It also hurts trans identities and everyone who doesn’t identify with the gender binary. Being transgender is almost like the ultimate slap in the face to patriarchy and gender roles because you’re stepping outside of the gender you were assigned to birth and saying ” to hell with that”. A lot of trans phobia that we see is based in sexism and the fact that someone is refusing to stay in the gender box that society put them in.

In every Indian household there is a common stereotype thinking of men working and women handling the kitchen. Baby girls are offered soft toys and baby boys are offered guns to play. When the girl hits puberty she’s forbidden to go outside alone. A sister is expected to help her mother in kitchen. Also, the society has fixed some “Code Of Conducts” how a girl should behave. There are some common sexist misconception also, like a girl earns more than her husband. Well, there are much more.

Characteristics of a Patriarchal System

Some characteristics of a patriarchal system include:

  • Male Dominance: In a patriarchal system, men make all decisions in both society and in their family unit, hold all positions of power and authority, and are considered superior.
  • Male Identification: Men are concerned with identification that includes qualities of control, strength, forcefulness, rationality, strong work ethic, and competitiveness. Each of these qualities contribute to male identification in a patriarchal system.
  • Male Centeredness: In a patriarchal system, the center of activity and progression is on men and what they do to move the society forward. In any patriarchal system, men will be the focus and developer of all events and inventions, men will be the heroes in all situations, and men will be the center of social engagement, fun, and entertainment.
  • Obsession with Control: Men living in a patriarchal system or society must be in control at all times. They have a desire to control all social and family situations and must make all decisions regarding finances and education.

Additionally, in a patriarchal society, the oppression of women is emphasized. The term oppression means to push down or restrict; therefore, women are not allowed to rise up to leadership levels or make decisions. Women are also not allowed to demonstrate independence or suggest changes to any social order.

In essence, women also have a role in a patriarchal society, but only in a sense that is submissive and subservient to men. Let’s look at some cultures and societies that recently or still operate under the patriarchal system.

Examples of Patriarchy

Well, there are countless examples of Patriarchy. From thinking like “Women should know cooking”, “Women should always serve her husband and children and they are perfect for a 9-5 job” to “A man has to be financially and emotionally stable else he is not a man” and “Women are too weak to work in armed forces” everything is a example of Patriarchy.

Patriarchal institutions and practices have to some extent been challenged in recent years via legislative measures and changing social attitudes. In the context of the former, workplaces who employ a specific number of employees are under a legal obligation to publish the pay gap between men and women. There are also laws to prevent sexual discrimination in the workplace with employers liable if found guilty. Cases are often heard in employment tribunals in which grievances may be resolved. In terms of the latter, there is also a greater level of sensitivity towards sexist attitudes in the public sphere.

Outside perils

It’s been a long time since I have stepped outside my home. With all such dreadful news flying in the air, stepping out is becoming more and more difficult. And to think about all the precautions that one needs to take, makes going out unbearable. If I think about not going out for a week, maybe a few months back, I would have definitely felt insane. There were days when even though there was no necessity to hop out, I would still go, maybe just for a stroll. In fact, truth to be told, I loved going out for any reason whatsoever.

But something seems to be changing with time. I am losing all my urge to go out. I feel terrified of the fact that I have go out. There can be numerous reasons for my lacklustre life. One, before going out, I have to make sure that I wear clothes which I am planning to give for washing, have to put on my mask, carry a sanitizer, carry a carry-bag, keep my mobile at home and the worst of it all, wear a headgear. To go out, maybe for 5 minutes, even for small reasons, such amount of preparation seems to be very tiresome. Two, on coming back to home, there seems to be series of drum-roll activities which is mandatory, otherwise I will be banned from my home. Upon returning, I have to directly run to the washroom, have a bath, wash my clothes and sanitize myself and everything I have bought. And then i am allowed to enter my room. Such huge amount of patience is needed. But what I now think is that I am not going out, not because of the two reasons. These two reasons are like fillers, trying to rationalize the situation and give a plausible explanation to my brain as to why I am not going out. The real reason, which i realized a few days back is completely shocking for me, even after self-realization.

The sole reason is completely psychological. My brain seems to have completely adapted to the new normal and somehow, with time, I ended up liking the isolation. Whenever chances of going out crops out, I do not get the urge to dress up to go out. My brain have completely accepted the fact that if I stay inside, I will be able to keep away the danger of contracting the infection. The truth is I am trying to delay the inevitable and somehow I got too much comfortable at home. Most of the times, I watch series or I study. Either of the two. I have also stopped ordering food from outside, via delivery boys, underlying reason is the fear of contracting infection. It seems like I have reached the peak where I do not feel the urgency nor the necessity to go out.

But, there is a problem with this kind of psychological fear. As our government is trying to bring about Unlock in phases, I still feel that there is no need to go outside, for the slightest of reasons. There is a very high chance that it might not be just me, many people across the globe might be feeling this. But they might not be comfortable opening up about this. So according to what I believe, that it might be very impressive as to what the government is doing to combat the entire issue, but at the same time, mental health and welfare institutions must also come in fore-front to break this silo and to take steps to rebuild this psychological breakdown.

Source: Self

Supreme Court And Covid19 – A Forgotten Responsibility?

The Supreme Court in june said it will investigate the practicality of physical appearances of lawyers in the court while sticking to physical distancing standards in the midst of the COVID-19 pandemic. The court has been hearing pressing cases through videoconference all through the time of the lockdown. The Benches hearing these cases sit in the courts while legal advisors, who are provided with video joins, make their entries from their homes or workplaces. The court had named this component as the ‘virtual court’ system. However, the Supreme Court Advocates-on Record Association (SCAORA) has been making portrayals to the top court that a greater part of the legal counselors find that they can’t adequately introduce their contentions during virtual court hearings. SCAORA had as of late kept in touch with the court to start physical court hearings from July to serve the legal advisors.

The Bar Council of India (BCI) had recently asked the Chief Justice of India Sharad A. Bobde to continue physical court hearings from June 1. BCI chairperson and senior advocate Manan Kumar Mishra had written in a portrayal to the CJI that solitary a “handful of privileged class of advocates are beneficiaries of the virtual court system”. In its short roundabout, the court showed that it was available to the chance of physical court hearings, gave supporters and gatherings who come face to face to introduce their cases give a joint agree with respect to their “eagerness for genuinely showing up and contending in court”. The court said it would think about how conceivable it is dependent upon the accessibility of Benches, requests of the skilled position and physical removing standards.

Since March, 2020 an enormous number of people and associations have moved toward the Supreme Court concerning the effect of Covid-19. A large number of the Petitions, for example, the supplication to pronounce monetary crisis, are trivial. Some others have petitions requiring significant levels of clinical or other mastery, which the Supreme Court doesn’t have, can’t be gone into. Then again, various issues have been brought up in the Supreme Court which it could have and ought to have engaged however neglected to do as such. The essential methodology of the Supreme Court has been to either say that the Government is accomplishing awesome work and in this way the Court ought not meddle or to say that these are matters concerning strategy which can’t be meddled with. Basically the Supreme Court has been profoundly respectful towards whatever the Central Government says, particularly through the Solicitor General; and when pushed, the court will at the most solicitation the Central Government to consider the issue brought up in a Petition. No course of events is given nor any direction with regards to what are the elements to be taken into account while thinking about the issue. No inquiries are posed and no worries communicated; the Petition passes on a characteristic demise. Let us presently take a gander at a portion of the significant issues managed by the Supreme Court concerning Covid-19.

undoubtedly, this was uncommon in which the Government must be permitted a specific opportunity to go about as it saw fit. In any case, to totally abandon its duties towards the poor was something shocking. Possibly, be that as it may, Covid-19 is the darkest stage throughout the entire existence of the Supreme Court when it renounced its obligation at one go towards a huge number of penniless and underestimated individuals and this record will take some beating in the decades to come.

Malnutrition In India

Malnutrition is one of the world’s highly overlooked issues. Many still believe that malnutrition is restricted to the African continent, which is the biggest myth this article will bust. If the first image that pops into your mind when you think of malnutrition is a scrawny African kid, this is the article to educate you about our world.

Malnutrition, as the name suggests, is the deficiency of the required nutrients in one’s body. A properly balanced diet should constitute sufficient energy/calorie requirements and also meet our diverse nutritional requirements. Our biology tells us more about our ailments than our body weight and structure.

Another myth associated with malnutrition is that only those without timely meals are malnourished. Malnourishment exists in three main forms: under-nourished, over-nourished, and targeted nourishment.

  • Under-Nourished: A person who is not consuming a timely balanced diet
  • Over-Nourished: A person consuming more nutrients than needed, they are over-nourished, or obese
  • Targeted Under-Nourishment: A person consuming timely food, but lacking a balanced food intake

Malnourishment is less about how much you eat and more about what you eat. To further bust the myth, Africa might be the continent with the highest malnourished population, but the country with the highest malnourished population is, Yemen.

The Double-Burden of Malnourishment is a crisis that almost all countries are facing, trying to end under-nourishment while tackling an increasingly obese population.

Food Security is the availability of food and one’s access to it. Food insecurity is when there’s an infrequent availability and one’s eating habits are disrupted as a result of lack of money and other resources.

9.2% of the world was severely affected by food insecurity, and 1-in-4 are moderately affected by food insecurity in 2018.

As a result of this, many people fail to avail of the basic requirement, food.

Over 1 billion people were undernourished in 1990, 795 million as of 2014. The number soon reaching 821 million by 2017.

Contrary to popular belief, India is one of the highest-ranking countries in the world worst affected by malnutrition amongst children. About 30% of Indian children are underweight, almost twice than in Sub-Saharan Africa.

Over 5% of the Indian population is morbidly obese. Processed, sugar-free, and other un-healthy options have substituted our diets. Organic options have become a thing of luxury. The National capital surpasses every other state and union territory with 45.5% men and 49.8% women obese population (Transgender data not given). While Madhya Pradesh and Rajasthan exceed in the undernourished population.

Fad Diets promising quick weight shedding are part of the problem. While you may shed the “few extra pounds,” they leave you with a malnourished body. Omitting fats from our diets does us more harm than good. Take, for instance, potatoes and sugars, high in starch and carbohydrates, are still vital for our body.

Each year, enough food is produced to feed more than 12 billion people. The world population is 7 billion!

A country as a whole very rarely struggles with food insecurity. It is a group or even a marginalized community that struggles with finding proper access. Haddad in their article, “Lifting the Curse: Overcoming Persistent Undernutrition in India” wrote, “A poor capacity to deliver the right services at the right time to the right populations, an inability to respond to citizens’ needs and weak accountability are all features of weak nutrition governance.” While government officials claim that it is a challenge for every country to provide people with access to healthy food.

While it is debatable as to how much the government does or can do, many factors come into play. To name a few, the socio-economic status, region, religion, and relationships.

One strong link to malnutrition in India is domestic violence. Domestic violence brings with it emotional and physical abuse. The dual-abuse affects one’s oxidative stress, hemoglobin blood levels, and produce anemic malnutrition.

Another link is that of religion, scientific studies prove that in India, Hindus and Muslims tend to be more malnourished than those from Christian, Sikh or Jain backgrounds.

Each type of malnutrition brings with it many diseases and high mortality rates. Visible signs of malnutrition and dehydration are most common include, including moon face, dry eyes, periorbital edema, glossitis, enamel mottling, dull-sparse-brittle hair, alopecia, thin and soft nail plates, muscles wasting, calcium-vitamin D-vitamin C deficiencies, and more.

With the ongoing pandemic and the related lockdown, many families have lost their source of income. People are struggling to choose between food and rent. The malnutrition rates have been higher in the last few months than last year. UNICEF’s plan to achieve Zero Hunger by 2030 seems unlikely.