Author: LEXPEEPS editor

-Report by Rhea Mistry

In a landmark case in the USA, Roe v. Wade, in 1969 Roe was an unmarried pregnant woman who wished to have an abortion that would be performed by a licensed physician with due diligence in Texas. But, as per the Texas statutes, it was not permitted for a woman to perform an abortion legally unless and until it was necessary for their health and approved by a competent physician. As the physician had said that there was no harm to her life with her pregnancy, so Roe could not legally abort her pregnancy. She couldn’t afford to go to another jurisdiction for a legal abortion. Roe argued that this statute of Texas infringed her Right to Privacy, which is protected by the 1st, 4th, 5th, 9th, and 14th amendments.

A competent physician, James Hubert Hallford, put forward that there are two cases where they were not able to recognize whether the pregnancy came under Article 1196 of its constitution that stated the exceptions to which a woman is allowed to legal abortion. The doctor was arrested for violating the Texas abortion law. He asked for injunctive and declaratory relief. He said that the statutes of Texas law were vague and uncertain which violated his rights as a medical practitioner and even his patient’s right to privacy in the 14th amendment.

At the same time, John and Marry Doe filed a complaint relying on Roe in the case Doe v. Bolton and stated that due to her medical condition, she was told to avoid pregnancy for some period, but if she does get pregnant then she will have to have to do an abortion even though the pregnancy was not life-threatening.

The court held the arguments made by Doe did not hold any merit and lacked jurisdiction. As for Jane Roe and Dr. Hallford, the court held that the statutes of Texas for criminal abortion laws were vague. The fundamental right of women, to decide whether to have children or not is the right that is protected by the 9th and 14th Amendments. The court stated that the Texas Law was infringing the rights of the 9th amendment.

The judges ruled that it is a constitutional right of the woman to opt for abortion and choose whether to proceed with the pregnancy even when the mother’s life is not threatened. The court had allowed abortion, however, imposed certain conditions.

Gestational Age Act

In the year 2018, Gestational Age Act was passed by Mississippi Legislature. The Gestational Age Act banned abortion after 15 weeks of pregnancy making a few exceptions for example where it is threatening to the life of the mother or any severe fetal abnormality, or in the cases of rape or incest.

Just a day after this act was passed, Jackson Woman’s Health Organization – an only abortion clinic, sued the state healthcare officer, Thomas E Dobbs with a few other healthcare officials of the state challenging this act. The abortion clinic performed abortions up to 16 weeks of pregnancy and claimed that the viability of the fetus begins between 23-24 weeks of the pregnancy. So, the state has no legitimate interest before the viability of the fetus and argued against outlawing abortion. Dobbs argued to check if fetal pain would be possible after the first 15 weeks of pregnancy. The District Court determined that the evidence submitted by Dobbs was inadmissible and irrelevant.

The state appealed to the Fifth Circuit which confirmed the judgment of Jackson Woman’s Health Organization v. Dobbs, stating that if the abortion is before the fetus’s viability, there is no undue burden on a pregnant woman’s rights. The Fifth Circuit by per curiam in February 2020 sustained that there is a lack of fetus viability in the early stages and stuck to their judicial precedent in the case of Dobbs.

The Mississippi State filed an appeal petition to the Supreme Court in June 2020, stating that the fetus can detect pain from 10-12 weeks of pregnancy and requested the court to encore the viability of the fetus. The respondents asserted that the Mississippi Law was unconstitutional. The court stated that there is no concern raised allowing them to intervene in this case.

On December 1st, 2021, it was argued that the constitution does not guarantee any protection for the right to abortion. The petitioner asked to overturn the decision of Roe and Casey considering that the techniques have changed. They claimed that the viability of the fetus was not standard. The respondents argued against overruling the decision of Roe and Casey.

A US general solicitor stated that the court has never revoked a right that is so basic to so many Americans. Six consecutive members appeared to continue with the old Law of Roe and Casey while the other justices were ready to overturn Roe and Casey.

Decision

After this, a draft of the majority opinion was leaked on 2nd May 2022. The draft showed the majority opinion considered that the rules of Roe and Casey were not correct from the beginning and the constitution does not guarantee any protection for abortion rights. It allowed the states to frame their own rules regarding abortion laws.

The court on 24th June 2022, reversed the decision of the Fifth Circuit. Both Roe and Casey were overturned by the majority opinion.

The states independently decided on the law of abortion at that point, and some states are still doing so. A few states outlawed abortion through trigger laws, while a few others outlawed it outright. They assert that abortion is no longer a constitutional right and that the constitution makes no provision for the protection of the right to an abortion.

Dobbs v. JWHO is the new landmark case in the USA for banning abortion.

The bench of Justices Alok Aradhe and J M Khazi observed in LEENA MONTEIRO VERSUS ALWYN D’CRUZ, that despite the wife’s investment of over Rs. 60 lakhs in her husband’s failing business projects, she was mistreated by him, causing her mental and emotional anguish. In its decision, the court stated:

“…it is clear that the husband treated her as a cash cow and had a materialistic attitude toward her. He had no emotional attachment to her. His behavior has caused her mental anguish and emotional trauma, which is sufficient to establish a case of mental cruelty.”

The woman who was wronged filed an appeal against a June 2020 Family Court order that denied her divorce on the grounds of cruelty. She claimed that her husband was unable to support her and her child because his family was in debt. She decided to work and found a job in the United Arab Emirates in 2008. (UAE). She allegedly spent a significant amount of money bringing her husband to the gulf country on an investor’s visa in 2012, establishing a salon for him there. She testified about the same in court. He returned to India a year later. She also stated that she had paid off all of the family debts. And she soon realized that she was being used for her money and that she was being manipulated and as a result, she decided to get a divorce. In 2018, the Family Court issued an ex-parte order dismissing her divorce petition.

The High Court cited the decisions of Dastane v. Dastane and Samar Ghosh v. Jaya Ghosh, stating that each marital conflict and cruelty claim must be evaluated on a case-by-case basis. The husband was found to be cruel, and the appeal was granted. The bench also stated that the Family Court made a grave error by failing to value the wife’s version, especially since her testimony was not even subjected to cross-examination. “Therefore, there is no convincing reason not to accept the wife’s uncontroverted testimony,” the decision stated. Thus, the ground for dissolution of marriage based on cruelty is established under Section 10(X) of the Indian Divorce Act of 1869.”

-Report by Apurva Jain

Google is reportedly planning to pay $90 million this week to settle a long-running legal dispute with app creators. According to the court complaint, the issue is mainly concerned with Google’s revenue from the development of applications for Android cellphones and luring users to make in-app payments.

The app developers accused the Alphabet Inc. platform of using particular agreements with smartphone manufacturers; agreements related to revenue sharing, as well as technical impediments, in the case filed before a federal court in San Francisco. In actuality, this served to close the app ecosystem by diverting the majority of payments to the Google Play system with a default service fee of 30%.

The search engine giant announced in a blog post that it will retain $90 million in a specific fund as part of the suggested settlement. This was primarily done to benefit app developers who made $2 million or less in annual sales from 2016 through 2021. It explained how the vast majority of national developers who received income from Google Play will be able to withdraw money from this fund at their discretion.

Google also explained how it would begin charging developers a commission of 15% on their initial million. This would be from the money they make from the Google Play Store each year. Interestingly, Google implemented this rule last year. The San Francisco court is anticipated to accept the company’s settlement proposal.

There were probably over 48,000 app developers who met the requirements to qualify for this $90 million grant. Hagen Bermon Sobol Shapiro LLP, who is representing the claimants, says that at least $250 should be the minimum payout.

Following a class-action lawsuit, Apple agreed to ease limits on its App Store for small developers.

Victimology is the study of the investigation of the exploitation and connection of casualty and wrongdoer and the cooperation among the casualty and the law enforcement framework. Wrongdoing is a result of society and social circumstances. Nobody is conceived as a criminal. “Each holy person has a past and each delinquent has a future,” goes a famous saying. Hindu Jurisprudence thinks about compensation and contemplation for criminals to have both ‘prayaschita’ and transformation.1 Each individual including criminals has a divine flash and what is expected on our part is to ignite and revive it to empower the general public to recover and, recover him and to re-establish and restore him in the public eye as a helpful, also useful individual. The motivation behind discipline in criminal cases is both reformatory and reformative. The reason is that the individual seen as at fault for committing an offense is made to understand his shortcoming and is stopped from rehashing such acts in the future. The reformative angle is intended to empower the individual worried to yield and atone for his activity and make himself OK to the general public as a valuable social being. From a restricted perspective, victimology is an observational, genuine investigation of survivors of wrongdoing and as such is firmly connected with criminal science and hence perhaps viewed as a piece of the overall issue of crime. In a more extensive sense, victimology is the whole assortment of information with regard to casualties, exploitation, and the endeavors of society to unreasonable the privileges of the person in question. Consequently, it is formed of information drawn from such fields as criminal science, regulation, medication, brain research, social work, legislative issues, training, and policy management.²

VICTIMOLOGY IN INDIA

In Rattan Singh v. Province of Punjab³, Krishna Iyer, J. held that ―it is a shortcoming of our statute that the survivors of the wrongdoing don’t draw in the consideration of regulation. Without a doubt, casualty restitution is as yet the evaporating point of our criminal regulation. This is a lack in the framework which should be rectified by the council. More consideration ought to be attracted to this matter.

In Maru Ram v. Association of India⁴, Krishna Iyer, J. held that while the social obligation of the criminal to re-establish the misfortune or mend the injury is a piece of the correctional activity, the length of the jail term is no restitution to the injured or dispossessed yet is vanity compounder with savagery. Victimology should track down satisfaction not through barbarity but rather by mandatory recoupment by the miscreant of the harm incurred not by giving more agony to the wrongdoer but rather by reducing the loss of the pitiful.

In Dayal Singh v State of Uttaranchal⁵, the Supreme Court held that the criminal preliminary is implied for doing equity to all-the charged, the general public, and the person in question. The courts not only realize the capability to guarantee that no blameless man is rebuffed, yet additionally that the liable man doesn’t get away.

CHILD AS A VICTIM OF CRIME

India records 19% of the world’s youngsters and 1/3rd of the country’s populace, for example, 440 million youngsters are under 18 years and almost 40% of the kids are needing care furthermore, security. On the off chance that the youngsters are not as expected prepped by shielding them from any sort of misuse, attack, and so on the destiny of our future society will be a question mark. Kids’ government assistance and security are fundamental for the brilliant eventual fate of India. Child misuse is a complicated issue and an extraordinary danger that involves serious concern. In the greater part of youngster misuse cases, ―the abuser is either connected with, a known individual or more unusual etc. It is extremely challenging to distinguish whether offender is an abuser because of reasons most popular either to the casualty youngster or to their folks.

A genuinely mishandled child implies a kid under 18 years old, whose guardians or others are concerned, causes upon the youngster an actual injury or real mischief, which incorporates beating, hitting, kicking, consuming, or in any case hurting a kid truly. The UNICEF, Save the kids, and Legislature of India together directed an overview in 2007 and viewed that as 65% of younger students in India are exposed to beating basically the school’s educators actually proceed to follow the well-known adage, spare the bar and ruin the child which was a conventional shrewdness.

PSYCHOLOGICAL MISTREATMENT AND CHILD NEGLECT

It is basically an embarrassment for youngsters. It is otherwise called obnoxious attack, mental maltreatment, and mental abuse. It incorporates acts or inability to act by guardians, overseers, peers, companions, family members, and others that have caused or could cause serious conduct, mental, close to home, or mental trouble/injury. Psychological mistreatment can have all the more dependable negative mental impacts than some other types of misuse.⁶

In Smriti Madan Kansagra v. Perry Kansagra⁷, it was held that guiltless youngsters are utilized as the apparatuses of retaliation by malicious prosecutors who cause extreme mental maltreatment for the kid, in this way truly influencing the kid in his/her later piece of life.

“Disregard” has not to be understood from a restricted perspective of refusal to give food and dress, yet from a more extensive perspective in the setting of the current day social yearnings and necessities of kids which incorporate, love, due care and concern, training and so on. At the point when a youngster endures disregard in the setting of this large number of fundamental necessities, he makes certain to be genuinely hit, reflecting unfavorably upon her intellectual capacity and that is mental injury.⁸

Child sexual maltreatment, as per P.D. Mathew, incorporates utilizing, utilizing, actuating, or forcing, any kid to take part in illegal and reach, it additionally incorporates the utilization of youngsters helping other people to take part in express sex.

The term ‘missing youngsters’ incorporates runaway children, kids who are kidnapped, and those who get lost or isolated from their families. Be that as it may, the single biggest part adding to these enormous numbers is runaway kids between the ages gathering of 10 and 18. While some leave home for paltry reasons like not having any desire to study, others are compelled to escape from what they say is a hopeless existence. Many pass on their homes to get by or to get away from misuse, while a huge number succumb to trafficking.⁹

VICTIMIZATION AGAINST WOMEN

Orientation-based savagery targets influence ladies and young ladies lopsidedly. Around 1 of every 3 ladies overall have encountered sexual and different types of savagery. Ladies are likewise considerably more reasonable than men to be killed by their close accomplices or relatives. Violations including brutality against ladies are among the most under-announced and to the least extent liable to end in conviction. Survivors frequently face critical hindrances because of holes in criminal regulation and system, orientation generalizations, casualty accusing, and deficient actions of law enforcement establishments and experts, prompting optional exploitation.

Viciousness against ladies and young ladies is one of the world’s most pervasive common freedoms infringement, occurring consistently, many times over, across the globe. It has serious short-and long haul physical, monetary, and mental results on ladies especially young, forestalling their full and equivalent support in the public arena. The greatness of its effect, both in the existence of people, families, and society, all in all, is unfathomable.¹⁰ Conditions made by the pandemic – including lockdowns, diminished versatility, elevated confinement, stress and monetary vulnerability – have prompted a disturbing spike in aggressive behavior at home and have additionally uncovered ladies and young ladies to different types of viciousness, from kid union with lewd behavior on the web.

CONCLUSION

The effect of wrongdoing on the people in question and the families can range from serious physical and mental wounds to gentle disturbances. A survey¹¹ of the lawful structure according to freedoms of survivors of wrongdoing uncovers that aside from giving pay, very little has been done either legally or through plans to address the whole scope of issues looked at by casualties of wrongdoing. Because of the shortfall of any regulation on this angle the victim of wrongdoing for example the casualty is appeared to be overlooked. Notwithstanding, it is expressed that in India the casualties don’t have legitimate freedoms and security, they have the right to assume their part in criminal procedures which will quite often bring about disinterestedness in the procedures and subsequent twists in law enforcement organizations. Numerous casualties don’t go to the police out of dread of unfriendly exposure and pointless provocation. Be that as it may, in the event of youngsters, he is obscure to the equity arrangement of the country which results in the expansion in the unregistered cases which prompts the disappointment of rebuilding of the youngster into the general public. Aside from the deferral or even shortfall of equity, the casualties face comparable rates sometimes and they track down a protected spot in the public eye and see no future possibilities for carrying on with their existence with poise. In respect of this, the courts need to show the incredible feeling of obligation and to be more delicate while managing issues where a youngster is a person in question.

CITATIONS

¹ Karamjit Singh v. State AIR 2000 SC 3457.

² Randhawa, Gurpreet Singh, Victimology and Compensatory Jurisprudence, 1st Ed., Central Law Publications,

Allahabad, 2011, p. 42.

³ Rattan Singh v. Province of Punjab, 1979 (4) SCC 719.

⁴ Maru Ram v. Association of India, Krishna Iyer, 1981 (1) SCC 107.

⁵ Dayal Singh v State of Uttaranchal, 2012 (8) SCC 263.

⁶ Deccan Herald dt. 14th August 2009.

⁷ Smriti Madan Kansagra v. Perry Kansagra, MANU/DE/0386/2017.

⁸ Lubna Mehraj and Ors. v. Mehraj-ud-Din Kanth, MANU/JK/0252/2003.

⁹ Humaira Ansari &Surekha S. “Missing‖ DNA, Mumbai, 19 July 2008.

¹⁰ Ending violence against women, https://www.unwomen.org/en/what-we-do/ending-violence-against-women/faqs/types-of-violence ( available at 2 July,2022).

¹¹ Kumaravelu Chockalingam, ― Measures for Crime Victims in the Indian Criminal Justice System.

This article is written by Arpita Kaushal, a student of UILS, PUSSGRC, HOSHIARPUR.

About the Firm

With a legacy of humanity, kindness, brotherhood and revolution left behind for them, their law firm aims to perpetuate the spirit of social revolution by fighting for the rights of as many individuals as possible. They strive to move forward with the idea of constitutional morality being the essence of the nation, which has been taught to them by their beloved lady love and senior colleague Advocate Lily Thomas.

About the Internship

Eligibility: Law students in the final year of their course will be preferred for the position.

Joining: Immediate
Duration: 3 months

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Interested candidates can email their CV and a cover letter to careers@lilythomas.org.

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One of India’s burgeoning legal companies, Khanna and Khanna is located in Delhi-110049. We offer services including legal counsel, legal document drafting, Indian legal counsel, real estate legal counsel, and wrongful death legal counsel, among others.

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• can begin the internship between June 22, 22, and July 27, 22.
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In order to strengthen the person, we serve society. The Art of Living, a nonprofit educational and humanitarian organisation active in 156 nations, was established in 1981 by Gurudev Sri Sri Ravi Shankar, a revered spiritual leader and humanitarian. Gurudev’s concept serves as the foundation for all of our initiatives: without a society free of violence and a mentality free of stress, we cannot bring about world peace.The Art of Living community is multicultural and draws visitors from all backgrounds. Excellence is an attitude. It is a way of life and a practise that can be developed. One needs energy, skill, and willpower to maintain excellence. You are guided to feel and express excellence from the inside out by the Art of Living corporate programmes for excellence at work.

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SAMBHAAVNAA INSTITUTE OF PUBLIC POLICY AND POLITIC is organizing a Workshop on jokering justice: introduction to theatre of the oppressed.

ABOUT

Is culture just art and architecture or is there more to it? How does it affect our lives? Does it only exist in the past, to be observed from a distance? The irony is embedded in everything around us, as indigenous and folk forms of expression, like Warli Art, are being capitalised upon to be put on objects, like laptop covers and backpacks. Does this constitute cultural work? Or is this the new normal for ‘culture’? What does culture mean for us? How can we problematize ‘culture’? How is culture performatively made? How does culture lend itself to multiple interpretations?

These are the kinds of questions we’d like to engage with … through theatre. Theatre has always been synonymous with culture – not just a form through performance, but something posing with its dual nature as both the mirror and the window. Just like any other journey, culture moves and grows without structural frameworks. It is non-linear and chaotic in its extension. It is through this non-linearity and chaos that we will try to evoke different conversations and stimulate our imaginations.

OBJECTIVE

The resource persons (Jaya Iyer and Zubair Idrisi), along with Sambhaavnaa Institute, want to create a space and community for individuals planning to engage in TOTO methods and practices in their respective fields. This could be any arena of social development and education among other spaces. The idea is to create agents of change who would become TOTO practitioners in the future for issues related to justice, equality and transformation. This workshop, which is the second and intermediate level, is a 6-day workshop. It will focus on participatory processes which offers people/groups the possibility of articulating sociopolitical and cultural issues in form of short plays and creating a structure in which an active dialogue between the actors and the spectators is instigated in order to try and change the story. The work that we will do during these 6 days will be experiential, with a summary and debrief of the techniques involved:

• Space to connect within – reviewing and unpacking our personal contexts through the prisms of our own daily lives, work, community, etc.
• Diving deeper into different activities, related to our bodies, finding different modes of self-expression through a focus on our authentic voice
• Script forum and facilitation – principles of jokering and utilising these in different fields (e.g. facilitating large heterogeneous groups)
• Practicing invisible theatre to understand dialogue as an end in itself
• Understanding the politics of space and representation through an engagement with the modalities of symbols and spectacles
• Build an effective culture of dialogue for sustainable change

ELIGIBILITY

This workshop is for change-makers, social work practitioners, activists, people associated with people’s movements, theatre artists who work on aspects of social change and young artists exploring techniques for social change. The participants would be expected to be working with or be associated with TOTO in some way or demonstrate commitment for the same. It is also expected the participants would be able to joker (design, facilitate dialogic processes) workshops involving community members to create forum performances and initiate a cultural shift.

Dates and Venue

31^st August to 5^th September, 2022, Sambhaavnaa Institute, VPO – Kandbari, Tehsil – Palampur, District – Kangra, PIN 176061, Himachal Pradesh

https://www.sambhaavnaa.org/programs/jokering-justice-immersion-into-the-theatre-of-the-oppressed/

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