May 2021 - Page 8 of 18

This article is written by APURVA, a student of the Fairfield Institute of Management and Technology, GGSIPU.

ABSTRACT

India is the country with the largest child population in the world and is home to over 19% of the world’s children. The nation, therefore, provides its children fundamental and legal rights for their overall care, protection, and development. But regardless of every affirmative action taken with respect to the children, the condition remains much unchanged over time. Among the children, child abuse is one of the most common and frequent challenges. To safeguard them against such abuse, many laws and provisions have been introduced. Hence, this article deals with the child abuse and the laws to prevent it.

Keywords: Largest child population, India, fundamental and legal rights, child abuse

INTRODUCTION

One of the biggest social stigmas is child abuse. An act, failure, or negligence on the part of any individual, either an adult or a child that leads to severe threat to the life and development of a child that results in prolonged physical and psych-social impact on his health and wellbeing is child abuse. It is harm to a child’s survival, dignity, socialization, and development. It can happen in schools, homes, foster care institutions, playgrounds, workplaces and online as well.

Child abuse can be of many types. It is necessary to understand their occurrence to derive a clear idea and to ponder upon possible solutions. The types are as follows:

PHYSICAL CHILD ABUSE: Potential physical harm from a confrontation or an interaction with a person in a position of power or authority is physical type of abuse. Punishing excessively, hitting a child, leaving a child in an undignified posture, bullying, and forced work conditions are some physical child abuses. This induces unexplained bruises, welts, or wounds, etc., or the victimised child becomes fearful or shy by behaviour.
EMOTIONAL CHILD ABUSE: Hampering a child’s mental development by isolation, exclusion, stigmatising or due to failure of providing a supportive environment or blackmailing a child are emotional child abuses. This is considered a major challenge for a child’s development due to lack of evidence of such abuses and is not easy to identify them. These abuses may always be present when other forms of abuse are identified.
SEXUAL CHILD ABUSE: Involving a child in a sexual activity without the child’s proper understanding and approval is sexual child abuse. Kissing or holding in a sexual manner, touching genital areas forcefully, vaginal, and anal intercourse, rape, giving obscene remarks, exposing to pornography, voyeurism are the ways to exploit a child sexually.

Rights of the Children

To ensure comprehensive growth, development, protection, and upliftment of the children of the country, certain rights have been given to children through the Constitution of India, or by some policies and programs and by acts and amendments.

Constitutional Provisions

Fundamental Rights:

Article 14 of the Indian Constitution ensures that every citizen –man, woman and child is equal in the realm of law.
Article 15 of the constitution provides for the prohibition of discrimination and empowers the state to make special provisions for women and children.
Article 21A makes it mandatory for the state to provide free and compulsory education to children in the 6-14 age group.
Article 23 prohibits Human trafficking and forced labour.
Article 24 prohibits Child Labour below 14 years of age in factories, mines, or other hazardous work environments.

Directive Principles of State Policy (DPSP)

Article 39(e) of the constitution states that the State shall ensure the health and strength of workers, men and women and the tender age of children are not abused.
Article 39(f) directs the State to ensure that children are provided with opportunities and facilities to develop in a healthy manner It directs the State to ensure that the children develop in a dignified and free environment and that their childhood and youth is protected against exploitation and against moral and material abandonment.
Article 45 states that the state shall ensure early childhood care and education for all children until they complete the age of six years.

Other Provisions

Article 51A-(k) lays down a fundamental duty of the citizens which directs parents or guardians to provide opportunities for education to their child/ward between the age of 6 and 14 years.
Article 243(g) read along with Schedule 11 that provides for institutionalization of childcare by seeking to entrust programs of women and child development to panchayat, with a bearing on the welfare of children

Policies and Programs

National Policy for Children 1974- It is the first child centric programme launched by the government of India for the all-round development, care, and protection of children. It recognises children as the supreme asset of the country and ensures that their rights, as enshrined in the constitution and the UN Declaration of Rights, are implemented.
National Policy on Education1986- It called for a special emphasis on equality in the sphere of educational opportunity. It called for a child centred approach in primary education.
National Policy on Child Labour 1987 is an initiative of the government to strictly implement the provisions of the constitution pertaining to the prohibition of Child Labour and works towards the betterment of the conditions of working children.
National Charter for Children 2003 is a comprehensive document that empowers children with the right of being a child and enjoying their childhood to the fullest. It directs the State, the society, the community, and the families to develop a healthy, safe, and positive environment for the growth of every child in the country. It also secures the right of adolescent children to proper education and other facilities that would lead them to be productive citizens for the nation.
National Plan of Action for Children 2005 aims to tackle the various problems of a child’s life. It works on the prohibition of child marriage, abolition of female foeticide, female infanticide and upholding and securing the rights of children in difficult circumstances such as abuse, exploitation, and neglect.
Child-line Services have been launched by the government especially after the Twelfth Five Year Plan to help children in case of emergency or in situations where they cannot seek help from anywhere else. It is basically run by Childline India Foundation, the mother organisation for this scheme in the country. Over the years, the Childline has received over millions of calls, specifically associated with issues of medical support, shelter for neglected or abandoned children, emotional guidance, and protection from abuse amongst others.
National Institute of Public Cooperation and Child Development is the foremost organisation for the documentation and compilation of research and initiatives related to women and child development. It works in the areas of child protection, childcare support services, awareness against abuse and exploitation and the rights of children.
The Twelfth Five Year Plan was launched in the year 2012 which focused on child development and ensuring higher sex ratio in the country. It was a major governmental step towards increasing the status and condition of children in India, especially the female child.

Reforms

Significant steps must be taken in the direction of reforms and preventions and special emphasis should be made on improving the mental and emotional conditions of victimized children.

Legal Reforms

Government should make more efforts to strengthen the economic conditions of the families as poverty is a major cause.
Sexual education should be made mandatory in educational institutions.
Grievance’s redressal should be installed in educational institutes for speedy solutions.
Police and administrative bodies should be easily accessible to children.
Workshops should be conducted for children on a local level.

Social Reforms

Workshops and awareness programs should be conducted on a larger scale by governmental and non-governmental organizations.
Talking about sex should be made normal so that children will not hesitate to talk about that to the people they trust.
Children should be taught about Children protection Schemes and Childline services at a young age.

Psychological Reforms

More centers of psychological assistance must be installed for victimized children.

CONCLUSION

The analysis clearly highlights that many children around, some way or the other are victims of child abuse. It is therefore necessary for the society and the government to awaken for the protection of the children and to enhance their childhood. Our children are our future, so their present should be safeguarded for a better future.

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About the job

Sony Pictures Networks India is seeking Assistant Legal Counsel. The incumbent will be responsible to lead legal, regulatory and compliance work of the following verticals:

All the SPN network channels (except sports)
Studio Next
SPN Motion Pictures
Music portfolio
International business of SPN including through SPN’s international subsidiaries in Singapore, UK, South Africa and USA
Regulatory work associated with the aforesaid verticals
Support to India Litigation Team
International litigation
Regulatory matters concerning production and S&P
Legal systems and processes

Education

LLB or LLM (added advantage)

Overall Experience

Minimum 10 years’ post LL.B. as an in-house lawyer and/or in law firms.

Essential expertise

The incumbent should be expert in M&E laws and regulations

Other job requirements

Substantial experience of the incumbent should be in media and entertainment industry.

Critical Competencies for Success

Behavioral:

Someone who is:

Forward looking and who stays ahead of the curve in terms of (a) their and that of the team’s performance, (b) regulatory changes and how these are likely to impact SPNI businesses, and (c) effective management of expectations of internal stakeholders;
Proactively engagesand wins the confidence of internal and external stakeholders in handling high complexity transactional work;
Leads from the front and by example
Motivated and motivates a team of enthusiastic, hard-working and trained lawyers; and
Business-friendly lawyer with an ability to manage and maximize the exploitation of the intellectual property rights and at the same time knows how and when bring in the balance with risk mitigation.

Other Personal Characteristics

The successful candidate must be bright, quick, and a team leader who also possesses independence of thought and opinion to provide candor and honesty to support and influence key business decisions. Must have authenticity to establish quality relationships across the organization through the highest levels of professionalism, ethics and mutual respect. Personal traits which will make one an ideal candidate for the position are:

Straightforward, professional and polished
Excellent communicator
A do-it-yourself orientation, consistent with the company’s “roll-up the-sleeves” culture
Is a balanced individual capable of developing creative solutions while anticipating and mitigating risks
Has business acumen and is a strategic thinker
Is an independent thinker and assertive. Can voice his/her opinion and challenge status quo in a professional manner.

Contribution and Time Allocation

The incumbent’s contribution is expected to come through in the following manner and supported by time spend:

Individual contribution – 40-50%: The incumbent to independently and exclusively work on certain assignments provided by the manager, take on complex and critical transactions and handle on their own; and support their team in managing the work when the influx is high by individually handling certain transactions;
Team Contribution – 50-60%: This shall involve actively mentoring, guiding, supervising and reviewing team’s work; keeping team’s performance and learning ahead of the curve and ensuring the development of the team in all respects; and creating opportunities for self and team to grow.

How to apply?

https://www.linkedin.com/jobs/view/2521980241/?refId=%C3%89%C2%BB%C2%A2%C2%8A%C2%B7%C3%AB%C3%95%C3%B1%3E%C2%98%3D%C3%A7%07%C3%A4%C3%99%C2%BE&trackingId=7YHUbi4YFB%2Bv39%2BzxY4CUw%3D%3D&midToken=AQFTUldLymjkcQ&midSig=0TKlH3Sxr5o9M1&trk=eml-email_jobs_viewed_job_reminder_01-similar_jobs-55-similar%7Ejob%7Etitle%7Emercado&trkEmail=eml-email_jobs_viewed_job_reminder_01-similar_jobs-55-similar%7Ejob%7Etitle%7Emercado-null-d83xhd%7Ekox8vlyo%7Esr-null-jobs%7Eview

Official Notification:

https://www.linkedin.com/jobs/view/2521980241/?refId=%C3%89%C2%BB%C2%A2%C2%8A%C2%B7%C3%AB%C3%95%C3%B1%3E%C2%98%3D%C3%A7%07%C3%A4%C3%99%C2%BE&trackingId=7YHUbi4YFB%2Bv39%2BzxY4CUw%3D%3D&midToken=AQFTUldLymjkcQ&midSig=0TKlH3Sxr5o9M1&trk=eml-email_jobs_viewed_job_reminder_01-similar_jobs-55-similar%7Ejob%7Etitle%7Emercado&trkEmail=eml-email_jobs_viewed_job_reminder_01-similar_jobs-55-similar%7Ejob%7Etitle%7Emercado-null-d83xhd%7Ekox8vlyo%7Esr-null-jobs%7Eview

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Amity Law School Lucknow Campus welcomes you to the 3rd edition of the National Amity Faculty Development Program (Online) being conducted online and organized on the theme “New paradigm in legal education and teaching methodology’’.

Amity Law School Lucknow Campus came up with the theme “New paradigm in legal education and teaching methodology’’ because the world witnessed what was never heard before. The current covid era forced the educationists to think beyond the traditional mode of teaching. The old form of legal learning and teaching with direct interaction and putting all lessons on the whiteboard, through moot court problems, internships at the Courts, or under esteemed lawyers had been the order for decades. But with force confinement within the houses, led us to the development and amendments in the method of legal learning and teaching.

During the 3rd edition of the National Amity Faculty Development Program, the above concepts will be dealt with in an exuberant detailed manner. The aim of the “Faculty Development Program” is to conduct an exchange of fuse between Law and professional of other streams concerning issues related to interest in Law to explore solutions, ideas, and mechanisms to deal with emerging issues. The online faculty development program has many potential benefits for faculties, law professionals, and research scholars. Its greatest potential benefit is the improvement of student learning, as for all forms of high-quality professional development. The participants can actively take part since the online faculty development program is flexible and versatile in its nature and a great platform to learn and hear from eminent academicians in law from all over the country.

BRIEF ABOUT THE EVENT

The Faculty Development Programme (FDP) is a 7- day event that is marked by a series of lecture sessions on topics of legal education and teaching methodology and its importance in the country and beyond. It aims to provide a platform for academicians in diverse legal where the program enables them to learn from experts and undertake value addition to their knowledge and teaching methodology.

SUB THEMES FOR THE EVENT

1. Recent issues and challenges related to legal education and teaching methodology adopted/faced in COVID 19 era.

2. Contemporary development and enforcement of new paradigm in legal education in India after the execution of New Education Policy, 2020.

3. Second generation Education System: A discriminatory policy in terms of rural students?

4. Challenges in the execution New paradigm in legal education and teaching methodology’’by the law institutions in terms of Industry visits and practical learning during the pandemic.

5. The efforts and initiatives by United Nations and international organizations in enhancing legal education.

6. The changing dimensions of Right to Education under New Education Policy, 2020 of India.

7. The New Education Policy, 2020 and Right to Information.

8. Enhanced qualitative and quantitative values in Legal Research and evaluation under New Education Policy, 2020

9. The changing dynamics in the field of Intellectual Property Rights with respect to New Education Policy, 2020.

10. The importance of digital infrastructure in the wake of the pandemic and as envisaged under the NEP.

11. The future of the Gross Enrollment Ratio under the NEP and the challenges ahead.

12. The change that inter-disciplinary education in law schools will bring following the implementation of the NEP.

13. The extent and nature of impact to legal education vis a vis NEP.

14. The transformative nature of Artificial Intelligence in disseminating effective legal education.

15. Introduction of empirical legal research in the development of legal courses to offer a holistic environment ‘

16. The need to rope in legal professionals such as advocates in the legal education sector.

LEARNING OUTCOMES

Developing organizational skills.
Expanding knowledge of new issues in teaching and learning.
Sharpening intellectual abilities.
Meeting online people with interest in varied backgrounds.
Learning about the value of multilateral discussions.

WHOM ALL CAN PARTICIPATE

It is designed especially for-

1. Law teachers working in various universities, colleges, and professional institutes.

2. Research scholars and

3. Other legal professionals.

SESSION PLAN

1. Two sessions per day.

2. Each session shall be for 1.5 hours.

3. The sessions shall be held on Zoom.

CERTIFICATE OF PARTICIPATION

A certificate of participation shall be issued to all the participants who would have attended all the sessions. will be issued to those who participate themselves.

Rules and Regulations:

1. The registration shall only be completed, once the registration form has been duly submitted.

2. At the end of all the sessions, it is mandatory to submit an MCQ which shall be comprised of the questions from all the lectures.

3. The participants must attend all the sessions of Faculty Development Programmes. Otherwise, the participation certificate will not be awarded.

REGISTRATION, REGISTRATION FEE AND THE MODE OF PAYMENT

1. The registration form has to be filled on this link https://docs.google.com/forms/d/e/1FAIpQLSfe2FNaf983-t-ShMh5p8JRMCBuIbMhiJrwF9NVOilw3ryRpQ/viewform

2. Rs. 500/- per person and is non-refundable.

3. All the necessary communication shall be done through alsl.fdp2021@gmail.com or the contact persons.

4. The registration fee shall be paid through an online transaction to the Amity account.

5. The Last date for Registration is 15th June 2021.

ACCOUNT DETAILS

Bank Name: Axis Bank Ltd

Account Name: AMITY UNIVERSITY UTTAR PRADESH

Account Number: 053010100284066

IFSC Code: UTIB0000053

Bank Address: Main Branch, Hazratganj, Lucknow, 226001

Phone Number: 0522-4152000

ORGANISING COMMITTEE

PATRON IN CHIEF

• Hon’ble Dr. Ashok K. Chauhan

Founder President,

Amity University.

CO- PATRON IN CHIEF

• Hon’ble Dr. Aseem Chauhan

Chairman and Chancellor,

Amity University.

PATRON

• Prof. (Dr.) Balvinder Shukla

Vice-Chancellor,

Amity University Uttar Pradesh.

• Prof. (Dr.) Sunil Dhaneshwar

Pro Vice-Chancellor,

Amity University Uttar Pradesh (Lucknow Campus).

CHAIRPERSON

Prof. (Dr.) J. P. Yadav

Chairman, Faculty Development Programme,

Director, Amity Law School.

Amity Law School, Lucknow.

FACULTY CONVENERS-

• Dr. Tapan Chandola

Associate Professor,

Amity Law School, Lucknow.

+91 98186 01249

• Ms. Jyotsna Singh

Assistant Professor,

Amity Law School, Lucknow.

+91 8874462278

FACULTY CO-CONVENERS –

Dr. Axita Shrivastava

Assistant Professor,

Amity Law School, Lucknow.

+91 96968 42489

Ayushi Kushwaha

Assistant Professor,

Amity Law School, Lucknow.

+91 95541 01062

STUDENT ADVISORS –

Rahul- 8960376698

Kushagra Tiwari- 8299331294

STUDENT CONVENERS –

Yash Tiwari- 7800617777

Maryam Beg- 7523842896

STUDENT CO-CONVENER –

Ishita Shukla – 9565693239

OUR CHIEF GUESTS

PROF. KAMAL JEET SINGH

VICE-CHANCELLOR

MADHUSUDAN LAW UNIVERSITY

Prof. Kamal Jeet Singh is is the Vice-Chancellor, Madhusudan Law University and presently working as a member of the Himachal Pradesh Private Educational Institutions Regulatory Commission. He has 27 years of teaching experience and authored 2 books. He Has Successfully Guided 17 Ph.D. scholars and 100 LLM students.

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Gujarat Maritime University is an endeavor by the Gujarat Maritime Board to provide a fillip to this growth by bridging the knowledge gap within the industry. The prime objective of Gujarat Maritime University is to be a global center for excellence in maritime education, research and development, professional training and it aims to enhance and increase the human capital and capacity of the maritime industry both in India and across the globe. The aspiration is to serve the global maritime community by producing educated and well-trained professionals in the maritime domain.

Event Details:

In Academic Session 2020-21, GIMAC Committee of School of Maritime Law, Policy and Administration, Gujarat Maritime University is holding its annual flagship event, GMU-CIArb (India) International Maritime Arbitration Competition (GIMAC) from July 9, 2021, to July 11,2021, online using a virtual platform. The event is expected to have participation from about 50 Law Schools and Universities across India & abroad.

Rules and Regulation:

ONLINE-GIMAC-RULES-2021 Download

Mott Proposition:

ONLINE-GIMAC-Moot-Problem Download

For registration please log on to gmu.edu.in/registration-form and fill the registration form on or before June 22nd, 2021.

Awards:

The Prize money for the winners of GIMAC 2021 are as follows:

Winning Team : Rs One Lakh
Runners up : Rs Fifty Thousand
Best Speaker : Rs Twenty Thousand
Best Researcher: Rs Twenty Thousand
Best Memorial : Rs Twenty Thousand

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Conflicts around the world have remained unabated despite the global pandemic. In fact, some conflicts have taken new turns, which are collectively affecting the lives of around 2 billion people across the world. The consequences of these conflicts range from loss of lives; destruction of infrastructure; displacement of families; hunger to poverty among others. According to United Nations Human Rights Commission, almost 80 million people globally are currently displaced with almost 26 million refugees spread across geographies. With war in Afghanistan, territorial disputes in South China Sea, Civil War in Syria, war in Yemen, Rohingyan crisis in Myanmar, conflict between Palestine and Israel, Violence in the Central African Republic, Bokoharam in Nigeria and unrest between Pakistan and India to name a few are affecting millions of men, women, children, adolescents and young adults. Unfortunately, these victims will continue to grapple with the consequences of these conflicts.

Themes for the Summer Program:

Politics of War and Conflict
Conflict and Education
Refugee Crises, Human Rights and Peacebuilding
Urbanization, Conflicts, Violence and Development

Details of the Program:

The Summer Program runs for 6 weeks and is open to all nationalities. However, participants from the Middle East, Africa and South Asian regions are encouraged to apply.

The participants are expected to pick one of the four themes (given below) as part of their preference during the application. Upon selection, final researchers will be grouped into teams to collaboratively work on a piece of research to be produced within 6 weeks. During the program, the researchers will be guided through various Research Clinic sessions to undertake this research journey, while they will be expected to engage in cohort-wise group discussions, policy forums and dialogues. Researchers will also get an opportunity to engage with experts, practitioners and academics hailing from various organizations.

Eligibility:

All applicants must at least be in their 3^rd or 4^th year of undergraduate program
Applicants enrolled in a Master’s degree may as well apply. This program is not for PhD students. In case currently enrolled PhD candidates think they would like to contribute to the program in a certain way, they may email us their proposal on info@youthcfr.com
This is not an online coursework, therefore, candidates will be expected to be proactive in sharing their experiences
There is no fee for this program, however, the selection process is extremely competitive
Last date to apply is 5^th of June, the program is scheduled to commence on the 5^th of July 2021.

How to Apply?

https://docs.google.com/forms/d/e/1FAIpQLSfhS92EziRQvuVL_f1chQLbnVHLw-OdlndPjrAg3z_1790adQ/viewform

Official Notification:

SRP-2021

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This article is authored by Sanskriti Goel , a 1^st year law student from Chanderprabhu Jain College of Higher Studies and School of law, GGSIPU. This article deals exhaustively with constitutional law, criminal laws, election laws and IT laws in context of hate speech.

“There is a fine line between free speech and hate speech. Free speech encourages debate whereas hate speech incites violence.”

—Newton Lee

What is Meant by Hate Speech

The Black’s Law dictionary defines hate speech as—“Speech that carries no meaning other than the expression of hatred for some group, such as a particular race, especially in circumstances in which the communication is likely to provoke violence.”

The Law Commission of India, in its 267^th report, defined hate speech as —“Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief. Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”

The right to freedom of speech and expression is recognised as a core right all across the globe. With modernisation, the world was gifted with internet, the purpose of which was to connect people with their loved ones. But unfortunately, some people use it to spread hatred. In today’s world, the ideas that we share and the words that we speak spread like wildfire.

Constitutional Law and Hate Speech

Article 19(1)(a) of the Constitution of India gives the right to freedom of speech and expression to all Indian citizens. This article guarantees right to propagate one’s ideas freely and to publish, distribute and circulate their idea. The freedom of speech and expression essentially means the liberty to express one’s own stance through the words either written or spoken. However, Article 19(2) also provides ‘reasonable restrictions’ on the freedom of speech and expression. This means that this right is not absolute rather conditional and the government can ‘reasonably’ limit the right to freedom of speech and expression when there is a threat to the sovereignty and integrity of India, or the security of the stat, or friendly relations with foreign state, or public order, or decency, or morality, or contempt of court, or defamation, or incitement to an offence.

The ‘public order’ restriction saves majority of hate speech laws from unconstitutionality in India. In landmark judgement of Ramji Lal Modi v. The State of UP (1957 AIR 620), the Hon’ble Supreme Court of India upheld Section 295A of the Indian Penal Code, 1860 and observed that a law may not directly deal with public order , it could be read as in ‘interest of public order’.

The Indian Penal Code and Hate Speech

The following sections of Indian Penal Code, 1860 (IPC) deal with hate speech:

Section 153A criminalises the promotion of enmity among different groups of people on grounds of religion, race, place of birth, language, etc., and acts that are prejudicial to maintaining harmony. Whoever commits this offense shall be punishable with imprisonment of up to three years, or with fine, or with both. Additionally, whoever commits such offense in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies shall be punished with imprisonment of up to five years and fine.
Section 153B punishes making of imputations or assertions prejudicial to national-integration with imprisonment of up to three years, or with fine, or with both. The section also defines increased punishment of imprisonment of up to five years and fine when the aforementioned offense is committed any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies.
Section 295 criminalises the destruction, damage or defilement of places of worship or sacred objects with the intention of insulting, or with the knowledge that such an act is likely to be considered insulting to the religious sentiments of a class of persons. The punishment prescribed in the section is imprisonment for two years, or fine, or both.
Section 295A punishes whoever, with deliberate and malicious intention of outraging the religious feelings of any class of persons, by word, either spoken or written, or by signs or by visible representation, insults the religion or the religious beliefs of such class, with imprisonment of up to three year, or with fine , or with both.
Section 298 states that whoever, utters any word or makes any sound or gesture, with the deliberate intention of hurting the religious feelings of any person, shall be punished with imprisonment of up to one year, or with fine, or with both.
Section 505 punishes statements made with the intention of inducing, or are likely to induce, fear in the public, instigating them towards public disorder; statements made with the intention of inciting, or are likely to incite, class or community violence; and discriminatory statements that might promote inter-community hatred. The punishment stipulated is imprisonment of up to three years, or with fine, or with both.

The Code of Criminal Procedure and Hate Speech

Following sections of the Code of Criminal Procedure, 1973 (CrPC) deal with hate speech:

(1) Section 95 and Section 96 authorise the state government to forfeit any ‘book, newspaper or document’, the publication of which is punishable under Section 124A, section 153A, Section 153B, Section 292, Section 293, and Section 295A of the IPC.

(2) Section 196 acts as a procedural safeguard against frivolous prosecution for hate speech offences, such as those under Sections 153A, 295A, 505 and 153B of the IPC.

The Representation of the People Act, 1951

The Representation of the People Act, 1951 (RoPA) contains the laws that regulate the conduct of elections in India.

Section 8(1)(a) disqualifies a person from contesting in election if he/she was convicted under Sections 153A and 505 of the IPC.
Section 123(3A) considers promotion of enmity or hatred among different classes of citizens of India for the furtherance of the prospects of the election of a candidate or for prejudicially affecting the election of any candidate as a corrupt practice.
Section 125 says that promotion of enmity or hatred among different communities is an electoral offense and is punishable with imprisonment of up to three years, or with fine, or with both.

Information Technology Act and Hate Speech

Following section of the Information Technology Act, 2000 (IT Act) deals with hate speech:

Section 69A empowers the Central Government or any of its authorised officers to issue directions for blocking for public access of any information which is in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above.

References:

The Constitution of India Act, 1949
The Indian Penal Code, 1860
The Code of Criminal Procedure, 1973
The Representation of the People Act, 1951
The Information Technology Act, 2000
https://www.epw.in/engage/article/do-indian-courts-face-dilemma-interpreting-hate
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.latestlaws.com/wp-content/uploads/2018/05/NLUD-Report-on-Hate-Speech-Laws-in-India.pdf&ved=2ahUKEwj949HpoNHwAhVEYysKHa4YB4AQFjAAegQIAxAC&usg=AOvVaw2-RV9_knj0CRA-4UaVK0ci

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This article is written by K.Lasya Charitha pursuing BALLB in Damodaram Sanjivayya National Law University, Visakhapatnam. In this article, the researcher discusses the basic concepts of FIR like the meaning of FIR, who can file an FIR, the process of filing an FIR, etc.

INTRODUCTION

FIR is very important in Indian criminal proceedings because it is the first step in any criminal prosecution. FIR stands for “First Information Report”. As the name suggests, the first intelligence report is the first step towards criminal prosecution, which leads to trial and subsequent punishment of criminals. The investigation by the police officers is based on the submitted FIR. When the case is tried, it is also one of the most important pieces of evidence that constitute the entire law enforcement structure. FIR is the first step in India’s criminal cases.

What is an FIR?

The First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offense. This is the information sent to the police first, so it is called the first information report. This is usually a complaint made to the police by a victim of admission of a crime or a person representing the victim. Anyone can notify the police of the crime verbally or in writing. You can even send telephonic messages to the police. It is considered FIR.

Who can file an FIR?

Anyone who knows the crime committed can file an FIR. It is not necessary for the crime victim alone to file the first information report. Police officers who know of the crime can submit the FIR themselves.

You can submit FIR under the following circumstances:

You are the person against whom the crime is committed;
you are a relative or friend or acquaintance of the victim of the crime;
You are a person who has seen the crime or heard about it.

Importance of FIR

The FIR is important for the following reasons:

To Notifying the county magistrate or commander of the district police station responsible for the peace and security of the crime area.
To inform the Judicial Officer who ultimately owns the case. The court will consider what, what facts will be reported immediately after the crime, and what investigation materials will be initiated.
To protect the accused against later variations or additions.
To set the criminal law in place for that particular case.
To help in the investigation of that particular crime.

What is Zero FIR?

A zero FIR is that which allows any police station to register for FIR, regardless of its scope of jurisdiction. It is widely used for crimes such as murder and rape, as well as other recognized criminal offenses, that is, the first criminal action that the police can take against it and investigate it before referring it to the appropriate judicial department if needed. This is very useful for crimes that require an immediate response, because it allows you to act more quickly without getting caught up in a bureaucratic process, and explains whether it is difficult to reach the police station in whose jurisdiction the crime was committed.

Information in Cognizable cases (§ 154 of CrPC)

Since the information received under section 154 is called FIR, it is important to understand the rules regarding the information recording procedure for identifying cases under section 154.

If the information is given orally through a telephone then at the police station, it must be shortened in writing by the appropriate police officer, and then it must be read by him over to the informant and then signed by him. The information obtained in this way must be recorded in a book approved by the state government.
A copy of the registration information will be sent to the informant free of charge.
If the supervisor refuses to record the information, the person can send the information, and the victim can send the content of the information to the superintendent of police and the superintendent if satisfied with the identifiable crime, they will investigate the case on their own or order an investigation by a subordinate police officer. The designated police officer must exercise all the powers of an officer in charge of the police station in the relevant crime.

If the information is provided by a woman, and the crime has been committed against her specified in Section 326-A, Section 326-B, and Section 354, 354-A to 354-D, 376, 376-A to 376-E, or 509 IPC is suspected of committing or attempting a crime. This statement must be recorded by a woman police officer.

Non Cognizable Cases

If a non-cognizable crime occurs, when the informer approaches for help from the police officer in charge, he enters the information specified by him into his account book (in accordance with the format prescribed by the state government).
Secondly, according to Section 155(3) of the Criminal Procedure Code, police officers can only investigate recognized criminal offenses after receiving an order from a judge.

For cognizable and non-cognizable criminal offenses, the investigative power of police officers is the same, except for the power of arrest without a court order. The Supreme Court in the State of West Bengal and Ors v. Swapan Kumar Guh and Ors ruled that: “there is no such thing like unfettered discretion in the realm of powers defined by statutes and indeed, unlimited discretion in that sphere can become a ruthless destroyer of personal freedom. The power to investigate into cognizable offenses must, therefore, be exercised strictly on the condition on which it is granted by the Code”.

Therefore, it can be concluded that those who wish to register before filing a complaint against a non-cognizable offense must first file a complaint with a qualified magistrate with the correct jurisdiction. There are no strict rules regarding the format of the report. Depending on the situation, the complaint can be as an affidavit or petition. After receiving the complaint, justice will determine the issue of consciousness. If the judge is convinced that the crime is non-cognizable then he will order an investigation.

How to file an FIR?

If a crime has been committed, and the victim or someone else wants to submit FIR then it can be done in the following way:

Go to the police station and meet the office in charge of the station.
Notify the officer of all information and the facts about the crime in a sequence and orderly manner.
The officer will shorten the information provided in writing.
The information provided must be signed by the person who provided the information.
The information provided is recorded in a book kept by the official.
A copy of the FIR must be given to the person who filed an FIR.

Usually, a phone call will be made to summon the police to the scene. In this case, the telephone conversation between the informer and the police officer is not counted as FIR registration. The Supreme Court of India in Siddhartha Vashisth alias Manu Sharma vs State (NCT of Delhi) held: “The phone calls to the police immediately after the incident are only FIR if they are not vague. Calls for getting a police officer to the crime scene do not constitute an FIR.” Therefore, if the information provided about the crime is clear, clear, and detailed, then it can be said that the telephone conversation constitutes an FIR.

What should FIR include?

The content of the FIR is as follows:

If the reporter is an eyewitness or hearsay evidence.
The recognized type of cognizable offense.
The name and detailed description of the accused (full description of appearance)
The name and identity of the victim of the crime. (if known)
The date and time of the crime.
The place where the crime occurred.
The cause of the crime (if known)
How the crime had occurred (a description of the actual crime)
The name and address of the witness of the crime.

Immunity against FIR

An officer cannot register FIR against the President and Governor of India during their term of office because they enjoy immunity under Article 361 of the Constitution of India.
An FIR cannot be filed against the current members of the legislature or parliament who are responsible for anything that is said or done on the floor of the house, but if the speaker of the house or the person authorized by him wishes, the police officer will record the case. These members enjoy immunity under Articles 105 and 194 of the Indian Constitution. However, it should be pointed out that they are responsible for criminal prosecution of acts committed in their personal capacity outside the legislative assembly and parliament.

Conclusion

FIR is the first stage of criminal proceedings and leads to the trial and punishment of offenders. This is also the main evidence of the whole process structure. Therefore, it is very important for everyone to learn the basics of FIR in India. The complainant can understand and know his case only after understanding these basic rules. Even a brief understanding of these concepts will go a long way in determining the correct course of action.

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