Tag: lawyers

ABOUT THE CHAMBERS OF SWARNENDU CHATTERJEE

Chambers of Swarnendu Chatterjee is an Advocate on Record, Supreme Court of India. The Chambers deal in legal, constitution, property, civil, criminal, IBC, arbitration, dispute resolution, insolvency, and service matters.

INTERNSHIP DESCRIPTION

• No. of Position(s): 2 (two)
• Qualification: Law students (BALL.B or LL.B)
• Duration: 2 weeks (can be extended for another two weeks if found suitable)
• Applications should be sent in three months advance from the date of joining
• The stipend shall be based on an internal assessment

HOW TO APPLY?

Interested candidates can email their updated resumes to  Deepakshi Garg and Yashwardhan Singh (deepakshi1602@gmail.com) and (yashwardhan102@gmail.com)

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ABOUT THE FIRM

NKR Law Offices, founded in 2019 by three alumni of the National Law School of India University, is a boutique law practice based out of New Delhi and Kolkata, India. At NKR Law Offices, they advise clients on corporate-commercial and all dispute resolution matters. Their clients include financial institutions, manufacturing entities, technology service providers, educational institutions, individuals etc. Through the corporate-commercial vertical, they have assisted clients with their joint ventures, investments, loans and borrowings, general contracts and advisory matters. Their litigation team has represented their clients before the Supreme Court of India, High Court of Delhi, National Company Law Tribunal and other courts and tribunals, in subject areas including insolvency law, arbitration, white collar crimes and civil-commercial litigation. Their success is based on leveraging their experience, knowledge and network to provide their clients with business-led, practical solutions.

JOB DESCRIPTION

1. Designation: Disputes/Litigation Team
2. Qualification: Law Graduates (BALL.B or LL.B)
3. Priority will be given to the candidates rather than experience, however, please the candidates may highlight any relevant experience that they already have.
4. Remuneration will be based on the candidate.

HOW TO APPLY?

Interested candidates can email their updated resumes and short writing sample or any other legal writing to  office@nkrlaw.com and CC: akumar@nkrlaw.com 

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ABOUT THE CHAMBERS

Chambers of Roshan Santhalia is a boutique law firm providing legal representation and law-based consultancy services to our clients. The Chamber is being led by Advocate Roshan Santhalia who commands expertise and an immaculate reputation in the field of mainstream civil, criminal, matrimonial and consumer law/ litigation. Roshan graduated from arguably the topmost law school in the country, NALSAR University of Law, Hyderabad completing his 5-year B.A. (Hons) LLB program in the year 2011. Subsequently, he pursued a full-time degree in MSc Criminal Justice from Oxford University, United Kingdom. Returning to his home country in 2012, Santhalia Law Chambers was set up to provide in-depth and intensively researched legal advice and representation to its clients.

Santhalia Law Chambers enjoy updated and niche legal repositories like Manupatra, All India Reporter, Supreme Court Cases (SCC), India Kanoon etc. which enables us to provide our clients precedent (judgment) based on sharp legal opinions and advice. Particular and special emphasis is provided on the execution of time-based assignments thereby providing credible legal opinion and services in a professional manner. The firm understands and appreciates the importance of providing “attention to detail” while preparing the case briefs/ legal drafts and therefore, immense importance is always attached to a meticulous and comprehensive analysis of case files and relevant judgments.

The firm presently enjoys an 1800 square feet office consisting of a well-equipped conference room for client conferences, cubicles for law associates and interns, a mini library consisting of all the leading commentaries and books on different areas of law etc.

JOB DESCRIPTION

1. Designation: Junior Counsel
2. No. of Position(s): 1 (one)
3. Qualification: Law graduates, however, preference would be given to either those in the top 20% of the graduating batch (If batch ranks are not available then percentage/GPA needs to be sent along with the batch size) or to those applicants who have won or have been runners-up during his law school in a reputed moot court competition.
4. Remuneration: Rs. 50,000/- per month + drafting incentives on the basis of the quality of drafts + expenses as per actuals. 
5. PQE: 0 – 2 years 
6. Working Hours: 9 AM to 8 PM (Monday to Saturday)
7. Location: Competent House, Connaught Place, New Delhi

HOW TO APPLY?

Interested candidates may email their updated resumes to roshan@chambersofrsanthalia.com and CC – puja@chambersofrsanthalia.com on or before 10th September 2022 (midnight). 

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ABOUT THE FIRM

Uniyal & Associates is a recognised Law Firm, the Proprietor of which is Sh. Sanjeev Uniyal. He is Senior Central Government Counsel in Delhi High Court and Additional Standing Counsel in Delhi Rohini District Court. They basically deal in Civil, Criminal, Arbitration and Income Tax matters and Intellectual Property Rights Matters. They have practice in all Delhi District Courts, Delhi High Courts and Hon’ble Supreme Court. They have Intellectuals and highly knowledgeable Associates with expertise in various fields of Law. They work with sincerity, kindness and confidence.

INTERNSHIP DESCRIPTION

1. Qualification: Law students (BALL.B or LL.B)
2. No. of Position(s): 2 (two)
3. Duration slot: 1 month (October or November)

HOW TO APPLY?

Interested candidates can mail their CVs, aadhaar card and one photo to uniyalassociateslawfirm@gmail.com, sanjeevuniyal@yahoo.com, dhawaluniyal99@gmail.com

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

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ABOUT THE CHAMBER

Chambers Of Harsh Kaushik is a reliable name in the industry as they aim to deliver the best experience to their customers. This has helped them build up a loyal customer base. They started their journey in and ever since they have ensured that the customer remains at the centre of their business operations and philosophy. The chamber focuses on commercial and civil litigation spread across multiple fora and areas of law such as Telecom, Broadcasting, IPR, Aviation, IBC, Electricity, Competition, Arbitration, and Education amongst others.

JOB DESCRIPTION

Chambers of Harsh Kaushik is looking to hire a senior associate (litigation) with 5 to 7 years of experience and an associate (litigation) with 1 to 2 years of experience in Delhi.

Open Positions: Two

PQE:

a) 5 – 7 Years for Senior Associate

(b) 1 – 2 Years for Associate

Location: Defence Colony, New Delhi

Qualification: LL.B. from a reputed law school

Job Description

Drafting and vetting of pleadings and appearances before the Supreme Court of India, High Courts and Tribunals.

Requirements

• Excellent drafting skills.
• Seeking highly motivated candidates to serve as Senior Associate and Associate. The roles require managing complex disputes, advising corporate clients and a capacity to handle high stake litigations requiring delivery at short notice.

This is a great opportunity to join a growing team and to work on novel and diverse issues in a fast-paced environment. These are full-time positions based in Defence Colony, New Delhi. Prior experience in Commercial Litigation will be preferred.

Remuneration: Negotiable – CHK offers a competitive package, comparable to the best in the field.

HOW TO APPLY?

Interested candidates can send their applications to: office@harshkaushik.com

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

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INTRODUCTION

The terms ‘environmental, social, and governance’ are referred to as ESG. Sustainability is viewed holistically by ESG, who believe that it encompasses more than just environmental concerns. The ideal way to define ESG is as a framework for stakeholders to understand how an organization is handling opportunities and risks connected to environmental, social, and governance criteria. Although the word ‘ESG’ is frequently used in relation to investing, other parties including the investment community, clients, partners, and staff are considered stakeholders. They’re all becoming more and more curious about how sustainably an organization operates.

PRINCIPAL POINTS

• ESG is a framework that aids stakeholders in understanding how a company handles opportunities and risks related to sustainability issues.
• ESG has developed from earlier movements that prioritized corporate generosity, pollution reduction, and issues of health and safety.
• ESG has altered many capital allocation and investment decisions.

ESG

1. Environmental: The environmental impact(s) and risk management procedures of an organization are referred to as environmental criteria. These include the firm’s overall resilience to physical climate threats, stewardship over natural resources, and direct and indirect greenhouse gas emissions (like climate change, flooding, and fires).
2. Social: The connections an organization has with its stakeholders are referred to as the social pillar. An organization’s impact on the communities in which it operates and on supply chain partners, particularly those in developing economies where environmental and labour standards may be less stringent, are other examples of factors that a firm may be measured against. These factors include metrics for human capital management (such as fair wages and employee engagement metrics).
3. Governance: Governance describes the direction and management of a business. ESG analysts will work to gain a deeper understanding of how shareholder rights are perceived, how incentives for leadership are related to stakeholder expectations, and what kinds of internal controls are in place to encourage leadership accountability and transparency.

SOCIAL ASPECT OF ESG

The social benefits of ESG go beyond providing access to goods and services for various social groups. It also extends beyond offering work to everyone, regardless of gender, colour, religion, or other characteristics. Despite their importance, these things do not entirely define what it means to be socially responsible.

However, the social impact extends beyond the immediate environment. Additionally, it covers how the organization treats and cares for its personnel. this covers things like paid maternity leave, paid sick leave, paid time off, and pay parity, among other things. All of these factors have an impact on the workers, their families, and their social interactions.

WHY IS ESG IMPORTANT IN TODAY’S WORLD?

We can all agree that having an ESG policy at a company is a good thing. However, it’s crucial to keep in mind that while these developments are positive, they aren’t yet complete and shouldn’t be fully anticipated from such a young movement. While we should support these initiatives, we shouldn’t expect them to be miracles; rather, they should be the beginning of miracles. These initiatives indicate strides in the right direction. People today are becoming more conscious of how their activities impact everyone and everything in their environment. It’s time to take matters into our own hands and take action if we want a different future for everyone—including ourselves, our children, the earth, and all living things.

ESG’s IMPORTANCE IN THE BUSINESS?

There are several reasons which show that ESG is important to a business. It is an important factor in company performance and is the best indicator of environmental, social, and governance success.

• It might enhance a business’s standing and image, which might draw in new investors.
• By introducing new legislation, governments all across the world have the power to influence the triple bottom line.
• By requiring innovation from businesses, it creates a variety of fresh options.
• It benefits the environment, which benefits your grandchildren and the future generations of your family.

WHAT ARE ESG FUNDS?

ESG funds are essentially funds where money is invested in the bonds and stocks of businesses that do well on metrics including the environment, the social sector, and corporate governance. It made investments in businesses that use environmentally friendly practices. Here, the company’s sustainability is evaluated in light of ESG considerations. It will only cover sovereign bonds from nations with high sustainability ratings when it comes to bonds.

IMPORTANCE OF THE FUNDS

• First of all, if a company is sustainable, it demonstrates a greater level of social and financial responsibility. It is crucial because only investor pressure will force firms to act responsibly toward the community.
• This demonstrates how important ESG funds are to the community. As the government focuses more on renewable energy and environmental challenges, it is significant from the investor’s perspective. Additionally, it is anticipated that in the future, companies with significant environmental pollution levels will be subject to the tax.
• More ecologically conscious, healthful, and natural products are becoming more popular among consumers, who are also changing their lifestyles. Companies must make decisions accordingly as a result of the government’s stricter governance regulations.

TOP ESG FUNDS IN INDIA

1. SBI Magnum Equity ESG Fund – This is the ESG segment’s oldest available fund. This fund has been around for at least 8 years. It debuted on January 1st, 2013. Its fund expense ratio is 1.29%, which is greater than that of other funds in this category. This fund has given an annual return of 15.84% since it was founded.
2. ICICI Prudential ESG Fund- This fund was officially launched on January 22, 2020. It has been around for almost 1 year and 8 months. On average, it has given a return of about 39.35%. It has generated a return of about 60.52% over the past year. Avenue Supermarts Ltd., Wipro Ltd., Bajaj Finance Ltd., Tata Consultancy Services Ltd., and Nestle Ltd. have received the majority of their investments. The expense ratio for this product is 0.48%, which is lower than what other thematic ESG funds charge.
3. Quantum India ESG Equity Fund- It is a medium-sized fund with 1920 crores of rupees in assets under management. On September 21st of last year, the fund was established. The expense ratio it charges, 0.6%, is comparable to that of other ESG thematic funds in this market. Compared to its competitors in this market, this fund has a lower exposure to the financial and technological sectors, investing its money in industries including FMCG, chemicals, healthcare, and financials. Regarding the returns, since its debut, it has been able to produce returns of 42.59% annually. The portfolio allocation for this fund is split 95.9% into equities, 0.02% into debt, and 4.08% into other alternatives.

WHAT IMPACT DOES ESG HAVE ON THE ECONOMY?

ESG is resulting in a more sustainable society and an improved environment. It is helping to lower carbon emissions across major economies, reduce deforestation and water waste through better irrigation practices, improve energy efficiency within companies, and create a circular economy. Through its influence on companies, ESG is increasing corporate transparency and accountability. It is empowering consumers to make more sustainable decisions about the products they buy and the companies they support.

WHY FIRMS IN INDIA SHOULD FOCUS ON ESG?

India is seeing an increased focus on ESG. According to a recent report by IT industry group Nasscom and Boston Consulting Group, global companies’ growing efforts in enhancing their environmental, social, and governance goals (ESG) will boost revenue for Indian technology and services companies. Furthermore, several outside factors contributed to the adoption of ESG initiatives by digital companies. Several sizable multinational corporations are requiring that vendors adopt specific ESG objectives to compete for their business. Investment in ESG is a business necessity for organizations. Start-ups are being pushed to focus more on incorporating these into their overall strategy by investors’ requests for them to establish an ESG strategy.

While the larger businesses already had well-defined objectives and an ESG roadmap in place, it would work with the smaller businesses to integrate these into their strategic priorities, begin the process of internal adoption, and develop customer-facing solutions. It was crucial to comprehend the techniques that, given the company’s size and business aims, would apply to it.

Indian enterprises are being forced to reconsider their strategy as a result of the uncertain state of the Indian economic environment and the amplified effects of many environmental and societal disruptions. ESG is developing as a concept to produce long-term value for all stakeholders. The COVID-19 pandemic has highlighted the value of ESG as a fundamental strategy for long-term corporate resilience. Businesses are considering moving beyond non-financial reporting and beginning to report using an integrated profit and loss approach, which aims to correlate or monetize the favourable and unfavourable effects of business operations and products through a variety of capitals, thereby assisting in the creation of long-term value.

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REFERENCES

1. What is ESG and why is it important, available at https://www.esgthereport.com/what-is-esg-and-why-is-it-impor

This article is written by Aditi Jangid, a 1^st year law student pursuing her bachelor’s degree from Delhi Metropolitan Education (Affiliated to GGSIPU).

INTRODUCTION

Organ donation is the process of obtaining an organ or portion of an organ from a live or deceased person and then transplanting it into another human being (OD). After passing a psychological and medical examination, individuals can donate 25 different organs and/or tissues, according to sources. According to the Organ Procurement and Transplant Network (OPTN, 2015), a single donor’s organs might potentially save up to eight lives. The most frequently transplanted tissues are corneas and musculoskeletal grafts, whereas the most frequently transplanted solid organs are kidneys, livers, and hearts. Over the past 20 years, the rate of organ transplantation has gradually risen. Although it has produced good results in kids and teenagers, an increase in the number of elderly transplant patients who also have co-morbid conditions poses a difficulty.

BRIEF HISTORY

In India, organ transplantation has a shorter history than in the world’s most developed nations. In the 1970s, the first kidney transplant was carried out in India. The number of transplants increased in the 1980s and early 1990s, although they were mostly limited to kidney transplants using live donors in a few urban locations. Kidney transplantation activities gradually increased as new facilities opened and the pool of qualified personnel grew. But this resulted in the well-known kidney trafficking in India in the 1980s, which received extensive media coverage. Patients from other countries began to swarm to India for transplants from paid donors.

The Central Government established a commission in 1991 to provide a report that would serve as the foundation for legislation controlling organ transplantation throughout India in light of the country’s continuing kidney scandals. Additionally, it was done in order to provide a clearer explanation of the term “brain death.” The Indian government passed The Transplantation of Human Organs Act (THOA) in 1994. The Transplantation of Human Organs Rules, which were last updated in 2014, was also adopted in 1995, expanding the scope of donation to include tissues for transplant. The Act criminalized the sale of organs, formalized the idea of brain death in India, and permitted deceased organ donation using the brain stem of the deceased.

HOW ORGAN DONATION WORKS?

When an individual’s organ starts to fail or deteriorate and they need a transplant to survive. If a person is a good candidate for a transplant, a transplant centre will undertake a comprehensive evaluation and add them to the National Transplant Waiting List. The clock starts to run and the wait for an organ begins once the person is added to the list. It is a mechanism that matches donors with patients on waiting lists. Blood type, body size, the severity of the patient, proximity to the donor, tissue types, and length of the waiting list are used to categorize donors. Organs are never matched based on: 

• Race
• Cast
• Gender
• Economic status
• A person with a special status in society.

TYPES OF ORGAN DONATION

There are mainly 2 types of Organ donation:

1. Living Donor: A living donor is an adult who has given their agreement to have their organs or tissue removed while they are still alive. Legally, a person may donate:
   • Only one Kidney, as the recipient’s body, may still operate normally without it.
   • A fraction of the pancreas, up to half of it, can effectively carry out pancreatic activities.
   • A fraction of the pancreas, up to half of it, can effectively carry out pancreatic activities.
   • Both the donor and the recipient’s liver can regenerate over time, with the other section of the liver being able to do so.
2. Deceased Donor: (Donor who has passed away) Organs may be donated when a person has experienced cardiac death (when the patient’s heart stops pumping) or brain death (total loss of brain function). If the person has achieved the age of majority and is ready to give their organs after death, their agreement can be obtained while they are still alive (before death).
3. Even if the patient had previously given his approval for his organs to be donated during his lifetime, the Act mandates that the hospital ask a close relative or the person legally in charge of the body’s custody for permission once the patient is confirmed brain dead.

BRAIN DEATH

The term brain death refers to a condition in which all of the brain’s functions have ceased to operate and cannot be restored. Despite this, the ventilator’s ability to provide oxygen may allow the heart to continue beating. But in this circumstance, it is safe to declare the patient dead. The THOA defined brain death as the stage at which the brain-remaining stem’s functions have completely stopped. The panel of medical experts must certify the same. Before doctors can declare a patient to be “brain stem dead,” THOA Rules list a few prerequisites that must be met. The medical expert board must proclaim it following two thorough examinations of the body spaced around six hours apart.

INDIAN LAWS

The donation of human organs is governed by legislation passed by the legislature. The law allows both live and deceased people to donate their organs. A human organ cannot be sold for profit or with other incentives. This is against the law. Organ transplantation is governed by the following legal provisions. The primary legislation, The Transplantation of The Human Organs Act, 1944 covers organ donation and transplantation (THAO). It sought to uphold appropriate regulations for the removal, preservation and transplantation of organs for medical purposes. The primary responsibility of the law is to stop transplant commercialism. The state of Maharashtra, Goa, and Himachal Pradesh first suggested the necessity for such an Act, and all states except Andhra Pradesh and Jammu & Kashmir later agreed. However, the incidence of human trafficking and the sale of human organs for profit remained unchanged. As result, the need for the modification to correct the Act’s inconsistencies was felt in 2009. The Indian Parliament approved the change in 2011, and rules were written for it in 2014.

KEY ELEMENTS OF THE LEGISLATION

• A specific group of experts who make up the authorization Committee must be organized at the state and centre levels. The committee would be accountable for keeping track of information about available organs and approving requests for organ transplantation.
• Only the registered medical professionals in authority will be given the responsibility of executing the procedure to remove the organs from the deceased’s body.
• The Hospital where the transplant would be performed must obtain approval from the State Authorities in order to be recognized as an approved centre.
• Before the transplant is about to start, a person cannot be pronounced brain dead without the consent of a trained neurosurgeon.
• If no one in the family opposes, the relative may consent on behalf of the deceased.

PUNISHMENT UNDER THE ACT

1. According to Section 18 of this Act, any individual who has legal permission to remove a human organ or tissue may be penalized with up to 20 Lakhs as a fine and 10 years imprisonment. If the offender is a medical professional, the AA (Appropriate Authority) will submit his name to the State Medical Council, which will then take the required action. This may include deleting his name from the council’s register for three years for the first violation and permanently if they commit the offence subsequently.
2. According to Section 19, anyone involved in the commercial trading of human organs can be penalized with imprisonment for a time not less than 5 years but may not exceed 10 years, as well as being subject to a fine of not less than Rs. 20 lakhs but may not exceed Rs. 1 crore.
3. According to Section 20, any individual who breaches any other clause of this Act faces a sentence of up to five years in prison or a fine of up to 20 lakh rupees.

CONCLUSION

One of the greatest advances in medical science and technology is organ transplantation. The benefits of this accomplishment, though, might not be accessible to everyone, is in its current form, a cadaveric donation in India which mostly serves the wealthy and only supports a very small proportion of patients who seek it. The impoverished have also been taken advantage of it to an extent. It is a sad fact that despite being in effect for 15 years, the THO Act has not been able to prevent the commercial trade in organs or promote organ donation.

The best course of action in India is to spend money raising awareness about the deceased contribution and passing legislation requiring the donation unless someone opts out. The conservative mindset of society needs to shift, together with strict legislative requirements and their successful implementation, in order to close the enormous gap between the supply and demand of organs.

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This article is written by Aditi Jangid, first year law student from Delhi Metropolitan Education (Affiliated to GGSIPU).

INTRODUCTION

Gender is a word that cuts society, polity, and culture all over the world. Some languages do not have the word gender instead the word sex is used. Different terms are used regularly in theories of sexuality. Sex and gender may look identical but they are completely different terms. Sex generally means the biological and physiological characteristics of a person whereas gender usually refers to sociological, psychological, and cultural construct. This generally refers to the attributes associated with the person and it is not determined by biological characteristics. The word “Trans” means a general term used for the people who use a different gender identity other than their assigned sex by birth.  The person’s identity in their innate knowledge has changed and they think they are different from what they are expected to be born. Transgender people can be of any age, having different personal characteristics other than the views of how men and women should be.

HISTORY OF TRANSGENDERS

Transgender people were known to exist since ancient times. In Ancient Greece and Rome nearly 9000 to 3500 years ago, there were priests called Galli priests that some people believed to be Trans women. The Roman Emperor named Elagabalus who lived in 222 A.D performed sex reassignment surgery as he preferred to be a woman. In the Indian subcontinent, one of the oldest Veda named Rig Veda, mentions the ancient poems where their creation lacked all distinction and men were described with womb or breast. In the great Epics Ramayana and Mahabharata, there were trans men like Shikhandi. In Hinduism, there are transgender deities called Iravan, and Ardhanarishvara (half male and half female considered to be a fusion of Lord Shiva and Shakti), worshipped by the transgender community.

In the middle ages, Eleanor Rykener was arrested in the year 1394 in Europe where he had the body of a male but performed feminine roles, it was earlier seen as gender dysphoria. At present, trans people are recognized as the third gender and are accepted in society broadly. They are elected to public offices, legislatures, and even in courts but still, some countries refuse to recognize them and provide them with basic rights.

RIGHTS OF TRANSGENDERS

Our Constitution enshrines all the fundamental rights of the people irrespective of religion, sex, race, or gender. Part III of the Constitution deals with fundamental rights. Fundamental rights are provided for speech, education, trade, occupation, etc., the fundamental of all fundamental rights lies in Article 21 of the Constitution which deals with the right to life. The right to live with personal dignity to all individuals. Protection is also given to individuals against the violation of fundamental rights. The major issues faced by transgender people are discrimination, marital problems, hygienic problems, unemployment, and financial crisis. They are also sometimes not given the authority to vote. Transgenders are often neglected in the areas of property, adoption, marriage, etc. They end up begging in the street or even acting as a sex worker to survive. They are even refused to use bathrooms. They are also sexually assaulted in public places. Meanwhile, our constitution ensures that all laws are being enacted for the well-being of people in order to establish equality in social, economic, and political spheres; transgender people do not even get their necessities fulfilled. They are considered to be the weaker class and often exploited by the dominant class people. The Supreme Court in the landmark judgement of NALSA vs Union of India¹ case said that transgender can be legally a third gender and they are enshrined with all fundamental rights. But the laws for the benefit of the transgender community people remain unenforced.

TRANSGENDER MARRIAGE

Supreme Court in another landmark judgment Navtej Singh Johar vs Union of India² case held that Section 377 of the Indian Penal Code was decriminalized and it legalized the sexual relationship of all kinds of genders. In the Arun Kumar & Another vs Inspector General of Registration & Ors³ case the court said that under Section 5 of the Hindu Marriage Act, a bride can include a transgender person as well since the right to marriage is a fundamental right under Article 21 of the constitution. Despite the judgment, there is no provision for the right to marry in the Transgender Protection of Rights Bill. The Union government also stated that the Natvej case does not legalize homosexuality but it has decriminalized a particular way of human behaviour.

In Arun Kumar’s case, the term ‘bride’ covers the people who identify themselves as females. But what about those people who do not identify themselves as females? It is stated that if a transgender community undergoes Sex Reassignment Surgery to transit gender then they can fit into either male or female and a document must be submitted to the judicial magistrate with medical documents. Only then they will fit into the perception of male or female and only then they will be enabled to marry with their identity. In Mohammedan law, the perception of marriage is that it must be between the opposite gender for the procreation of children, and bearing children is a very crucial part of marriage. People who have undergone Sex Reassignment Surgery cannot reproduce children so under Mohammedan law it is not considered to be a valid marriage.

The biggest challenge faced by the transgender community for a valid marriage is the procreation of children. This construct that the society accepts two people as lawfully married for the procreation of the children has hindered transgender people in securing the fundamental right to marry. In the Shakthi Vahini vs Union of India⁴ case, it was stated that every individual has constitutional freedom to choose someone whom they wish to marry. The judgments pronounced have not inspired amendments in the provisions of the statute which is the sole reason why there is trouble in recognizing transgender marriage in India. On 1^st April 2022, MP Supriya Sule from the Congress party introduced a bill to Lok Sabha to legalize same-sex marriage under the Special Marriage Act. This bill provides rights to same-sex couples as opposite-sex couples have.

TRANSGENDER MARRIAGE IN OTHER COUNTRIES

In the United States of America, on June 26, 2015, a landmark judgment was passed and in the fourteenth amendment, a fundamental right was guaranteed to same-sex couples, and the government legally recognized same-sex couples. The United Kingdom Gender Recognition Act, 2004 allowed people to get a new birth certificate that recognizes their acquired gender so that they can get legal rights.  In New Zealand, the Civil Union Act, of 2004  was established and couples of both opposite and same-sex gender can get all civil rights including marriage rights. South Africa is considered a prime example of a country that gave recognition to the transgender community. They once considered this community a taboo community but now it has been dramatically changed and marriage rights are given to all the communities irrespective of their gender. The constitutional court of South Africa stated that the relationships are much more than procreation and the love between them cannot be determined by the sex of the parties. 

In 2006, they passed a law solemnizing the union of same-sex couples. Some countries like Saudi Arabia still do not recognize transgender rights. Saudi law follows strict Muslim ideology that considers homosexuality immoral and severe punishment is given to homosexual people. India must also incorporate the right of marriage in the statuary law. There must not be only marriage rights but there must be provisions for adoption, divorce, inheritance, etc. Transgender couples must be provided with the legal right to adopt children.

CONCLUSION

Transgenders face a lot of challenges in society be it physical, political, economic, or social, there is no measure of the magnitude of their problem. These people faced some kind of harassment for their sexual identity. There is also less awareness among transgender people about the fundamental rights vested upon them. The current law for transgenders is inadequate as they need more amendments so that they can live a dignified life. Law is dynamic, it needs constant change so the concept of marriage must be changed; marriage is not for the procreation of children it is much more than that.  The transgender community must not be discriminated against the society and they are also an equal part of this society. They need a dignified and happy life with laws protecting their well-being.

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REFERENCES

1. SC, Civil Writ Petition No. 400 Of 2012.
2. SC, Criminal Writ Petition No.76 Of 2016.
3. Wp(Md)No.4125 /19,3220/19.
4. SC, Civil Writ Petition No 231 Of 2010.

This article is written by Sree Lekshmi B J, a third-year law student of Sastra University, Thanjavur.

Introduction

Education in humanities, social sciences, and school is an important tool for making it better or easier for people to live together in a society that is diverse with harmony. School is now one of the few collectives or common arenas where these issues can be taken up. That’s one of the reasons why religious education is still important in school. Religious education in laymen’s terms could be understood as the education concerned with the study of religion and can be defined as providing knowledge and education regarding either specifically one or various religions at the school level. Religious education involves some specific type of teaching that isn’t much linked with the academic world. Religious faith is the sole ideology that religious education takes into consideration. The age group of students in schools is considered to be the age group that plays a crucial role in one’s life because in that age period child’s brain functions to its optimum level. In that age group what a child’s beliefs and principles are built up remains with him/her whole life. Religious education does various important work like encouraging young people to value themselves and the community with which they live. 

How it can be achieved

To work with how to teach and learn religion in school, you need to know something about it in a society that is changing all the time. In today’s world, we are teaching about religion and different world views and to do that, we have to know something about the changes that are happening to religion in society and try to filter that into schools as well. The pupils we meet in school are living in the same society and used to live together with people with different beliefs and religions. That has to be reflected also in the teaching and learning in school. 

A critical analysis (Teaching religion in today’s classroom)

Religious education research is normative in the sense that it is trying to find a solution and suggest ways of working with teaching/learning in school. But it’s also descriptive science- researching how young people and teachers think about religion. Sometimes the teachers say that it’s difficult to get the pupils to open up. In many places there is also a situation where the secular pupils keep on dominating the classroom, sometimes this makes the pupils with religious backgrounds feel less confident coming out with their views. Then you get a discussion in the classroom that is not representing the views of the pupils and also does not represent the views of the people in the society. The plurality in society is not represented in the classroom and there is a challenge for the teacher to deal with this. Many teachers in religion don’t have sufficient subject area knowledge to enter these discussions. The pupils know more than the teachers. Another difficulty is that teachers sometimes are a bit insecure about the tensions among the pupils and therefore are reluctant to enter the discussions.

Many times, discussion suffers from that. But many teachers on the other hand are also interested in developing their teaching into a better environment in the classroom. In the world, there are various nations like Great Britain and Scotland where religious education is mandatory. 

The Judiciary and Religion in Educational Institution vis-á-vis Hijab Ban

Government restricted the Hijab in the classrooms. The matter went to the government. The following points were discussed by the court while giving its decision which was in the government’s favor.

• Hijab was found not an essential religious practice in Islam-

This very argument was brought in by the petitioner and the court looked into it and found that the hijab is not an essential religious practice. In other words, it is not that the entire community practices in India and is not something that restricts the faith in itself that if this is not done then religion will itself cease to exist, so this practice is not that essential.

• The school order was found to be under reasonable restriction-

This argument states that the whole idea of the uniform need not be what it is.

• Government order not found violative of Hijab student’s rights-

Issue of a fundamental right does not come here in the form of the uniform what was asked by the College Development Council and the college, in this case, is a reasonable restriction because an institution’s rights are also protected and that was something that was established by previous judgments.

The honourable court has rightly decided so, considering that even though people have the fundamental right to practice, profess and propagate their religion enshrined under the Indian Constitution but that is subject to some reasonable restrictions. Moreover, wearing a hijab is not an essential practice in the Islamic religion.

Should Holy books be taught in religious institutions?

India is a secular country but full of diverse religions. In such a nation, will the inclusion of holy books in the curriculum be justified? All the holy books, be it Shrimad Bhagawat Gita, Quran, The Bible or Guru Granth Sahib Ji contains spiritual lessons that make one emotionally and intellectually strong and morally right. As the youth of any country is considered to be the future of that country so its youth should get knowledge of their literature which builds and develop their moral and ethical principles. Hence, teaching lessons from these holy books to youth will help them to take the right decision in their life more accurately and will make them follow a righteous path which ultimately helps them in becoming good citizens of the nation.

National Education Policy (NEP) unveiled by the center also advocates the introduction of modern and ancient culture, tradition, and knowledge systems so that students feel proud of India’s rich and diverse culture. In the line with the same, recently, the Gujarat government announced that Bhagavad Gita will be a part of the school syllabus for classes 6 to 12 in the state. The step taken by the government is very appreciative. It would be very beneficial for the students and the nation if other state governments move in a similar direction and aspire to teach students religious books across religions.  

Why the religious education should be imparted among students?

Imparting knowledge about various religions will make children have a broad awareness of all the religions. It will help them to make an informed decision on which religion they want to profess, which is better than learning only about the religion being practiced at home¹.

Furthermore, religious education teaches children about various gods and goddesses and allows them to learn and develop their characteristics and imbibe their good qualities which make them prepared for the next level of their life called adult life. 

We know that religion is a strong weapon that can divide society. The weapon could be deadly if it is not understood well. Hence, it becomes more significant to develop a deep understanding to prevent division, ignorance, and prejudice which can be overtly seen with the increase in multi-faith societies.

Many argue that because people are not taught to be open about other religions while growing up. For some, religion is a very personal thing and if they feel attacked about their religion they take it as personally as if it is an attack on their family. So, teaching religion in schools will make children aware of the wide spectrum of religions and will help them to draw a line between their religious beliefs and who they are.

Every religion irrespective of what a person follow contains a whole lot amount of knowledge that could answer the questions related to the life of a human from birth to death and even after death questions. All questions whether related to happiness or sorrow, one’s religion is capable of answering them all.

All the above-mentioned benefits make it necessary for the nation to have religious education in schools and academic curriculum

Is teaching religious education legal in India?

Recently, the Supreme Court also allowed the teaching of religion in school but mentioned that schools should refrain from giving any kind of preference or special treatment over the other. Schools also should refrain from promoting particular religious texts as the only available truth. The ruling of the honorable Supreme Court is a step necessary to preserve the secular fabric of the nation.

Conclusion & Way forward

Religion is the most diligent topic in any nation which can easily attract the hatred of people belonging to the minority class. Loyalty to one may become an obstruction to loyalty to another religion. These limitations obstruct the development of students into ethical citizens of a free and democratic society. Government should be cautious to keep all religions and their values and practices balanced. Government should not perform and even should not get portrayed preferencing any specific religion in any way or treating any specific religion with less attention. The same could be seen in India where the constitution itself preserves the secular character of the nation. Moreover, the government of our nation can not follow any religion. Government should perform various pieces of research to amend national education policy and should introduce compulsory academic related to religious education in schools. If public grants are distributed on a non-preference basis to all religious communities, then little is left of the claims that the partial funding of educational institutions run by religious communities places an unfair burden on other members of society. It is possible that an element of unfairness still exists if some religious communities receive grants while others do not.

It may be claimed that this issue can be solved if kids from various religious backgrounds interact with one another, as they do in state-run schools, and discover that there are other ways of thinking and being than the ones their parents have taught them. They may even come to respect other people’s opinions and ways of thinking. Additionally, this variety need not just be seen in public schools. If religiously linked institutions are also available to students of different faiths, as they are in India, it may be promoted there. Even if it is smaller than at entirely state-run schools, this variety may be sufficient to promote inter-religious toleration, which may, in turn, foster civic camaraderie and uphold civic principles. Schools with a religious affiliation may also promote communication between individuals via negotiation and compromise. But up until now, a school has simply served as a casual setting for religious tolerance. The subject of interreligious education, or effectively understanding different religions, is not addressed.

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References

1. The Hindu Bureau, ‘Gujarat schools to teach Bhagvad Gita’ (The Hindu, 17 March 2022), https://www.thehindu.com/news/national/other-states/gujarat-to-introduce-bhagavad-gita-for-classes-6-to-12/article65235296.ece
2. Rajeev Bhargava, ‘Religious Education in a Secular State’ (2013) 40(3) IIC Quarterly, https://www.jstor.org/stable/24394393

This article is written by Vedwrat Arya, 3^rd year law student pursuing BA.LLB Hons. from Dr. BR Ambedkar National Law University, Sonipat.

INTRODUCTION

A person who works in prostitution is referred to as a prostitute or a sex worker. Prostitution is the practice or business where people participate in sexual behavior for payment. Prostitution can take place in a variety of settings, and its legal position varies from country to country as well as from region to region within a country. It can range from being an upheld or unenforced violation to being an uncontrolled or a directed vocation. In the same way that pornography or any other form of sexual entertainment is a component of the sex industry. Brothels are establishments that are solely focused on prostitution. Prostitution laws and conditions are generally changing globally, reflecting divergent judgments. Prostitution is perceived by some as a form of violence or cruelty against women and children that leads to the grave crime of human trafficking.

HISTORY OF PROSTITUTION IN INDIA

According to Indian history, prostitutes in the past were called “Devadasi,” and they gave their entire lives to serving Lord Krishna. Some religious beliefs hold that the Devadasis see the Gods as their spouses and, as a result, are not permitted to marry other human beings. Later referred to as “Nagarvadhu” or the “Brides of the town,” they were requested to perform for and by the wealthy and the aristocracy. According to historical experts, the royal families regarded the Devadasi with respect and deference, prior to British domination. No man, not even the Mughals and Kings, intended to even approach them. However, as the British entered the country, this stopped.

In front of the British commanders, the Devadasis started showcasing their talent, which led to the first one-night stands. The British started summoning these artists for sex, which prepared India for prostitution. The emergence of Devadasi as a prostitution business during the British era led to a decline in temple dances. As time went on under British control, the Indian economy shriveled and the majority of people struggled to make a living. Women then began trading their bodies for cash with the British populace.

Japanese women were captured and sent to India as sex slaves in the late sixteenth and early seventeenth centuries when some regions of India were Portuguese provinces. Another instance of the increased use of women as sex slaves was under the Company Rule in India. For its soldiers, the military constructed whorehouses all over India. Village girls and women were employed by the brothels and officially compensated by the military.

IS PROSTITUTION LEGAL IN INDIA?

When it comes to prostitution, there are three different types of nations.

• Where prostitution is prohibited and against the law, such as in Kenya, Morocco, Afghanistan, etc.
• Where prostitution is permitted with certain limitations and restrictions, such as in India, Canada, France, etc.
• In countries with appropriate legal regulations, such as New Zealand, Australia, Austria, the Netherlands, etc., prostitution is permitted.

One of the most important questions is whether prostitution is permitted in India, and if so, whether prostitutes have any rights.

In India, prostitution is permitted subject to several restrictions. It’s against the law to engage in activities including pimping, child prostitution, service solicitation in public areas, owning a brothel, and pandering. To address the issue of prostitution and trafficking, various state laws have been passed, including the Juvenile Justice (Care and Protection of Children Act) (JJ), 2015, the Indian Penal Code (IPC), 1860, the Prevention of Immoral Traffic Act (PITA), and the Constitution of India, 1950. PITA, formerly known as the Immoral Traffic (Prevention) Act of 1956, was enacted and put into effect after India on May 9, 1950, in New York, ratified the United Nations Declaration for the Suppression of Women Trafficking.

The penalty for operating a brothel is a fine of up to 2,000 rupees and a sentence of one to three years in prison. The punishment for child prostitution is seven years of hard labour, with the possibility of life in jail. According to Section 370A of the IPC, the offender who takes advantage of a youngster who has been trafficked faces a five to seven-year prison sentence. They are entitled to getting the fundament rights of a citizen promised to them by the Constitution.

COURT RULINGS

1.  Budhadev Karmaskar v State of West Bengal – The case dealt with the brutal murder of Chhaya Rani Pal alias Buri, a sex worker who succumbed to grievous injuries after being brutally beaten up by the accused, Budhadev.
2.  Gaurav Jain v Union of India – The Supreme Court, passed a request, coordinating inter alia, the constitution of a council to make a thorough investigation of the issue of prostitution, young girls, and their offspring, and to advance reasonable plans for their salvage and recovery.
3. Manoj Shaw & Manoj Kumar Shaw v State of Bengal – It was observed that sex workers should be treated as victims and not accused. When prostitution was busted, the prostitutes were put behind bars whereas the owner of the bar was merely sent a notice. This didn’t seem fair.

RECENT HIGH COURT JUDGEMENT

Kajal Mukesh Singh & Ors. v. State Of Maharashtra (2021)

‘Prostitution is not an offence; a woman has a right to choose her vocation’

1. A, B, and C, the petitioners
2. The State of Maharashtra is the respondent.
3. The Immoral Trafficking (Prevention) Act of 1956 declared that the petitioners were the victims of the crime of pimping. They are listed in the records as A, B, and C to avoid being identified. Three sex workers filed the petition in an effort to overturn the orders made by the Metropolitan Magistrate Mazgaon and the Additional Sessions Court Dindoshi, both of which supported the prior judgement.

Observation of the High Court: The Court emphasized that the act’s goal is not to outlaw prostitution or prostitutes; rather, what is punished is sexual exploitation, commercial sex, and situations in which someone is running a brothel or enticing someone else. As their fundamental rights are protected by Article III of the Constitution, they too have the freedom to live as they like and to practice their chosen profession. Since the victims are adults and have the same fundamental rights as regular citizens, their permission should have been sought before placing them in a corrective facility.

PROBLEMS OR CHALLENGES FACED BY SEX WORKERS IN INDIA

The sex workers in India face multiple traumas – sexual violence, emotional abuse, and physical assaults from clients. Their living conditions are appalling as well; crowded streets and cramped quarters are negatively impacting their health, which leads to an increase in health-related issues. HIV, STDs, and cervical cancer are on the rise amongst them as little action has been taken to improve their situation. Additionally, they experience crippling prejudice and stigma, which makes it harder for them to defend their health and wellbeing.

There are many reasons why prostitution continues to thrive in society. Ill-treatment by parents, bad relationships, disturbed family culture, social customs, lack of sex education, media image, rape, early marriage, and desertion are just to name a few. The rights of sex workers are in reality non-existent even though they appear just like other citizens on paper. Prostitutes are continuously looked down upon and have no place in society, most of them are exposed to a slew of abuses, and they face harassment from clients as well as their own family members.

LAWS RELATING TO PROSTITUTION IN INDIA

• Section 372 and 373 of the Indian Penal Code 1860 deal with prostitution but it is only restricted to child prostitution.
• Immoral Traffic (Prevention) Act – 1956
• The legislation governing sex work in India is the Immoral Traffic (Prevention) Act, enacted in 1956.
• The legislation penalizes acts such as keeping a brothel, soliciting in a public place, living off the earning of sex work, and living or habitually being in the company of a sex worker.
• Section 366 A, 366 B, 370A, of the IPC deal with punishment for offences of procreation with respect to a minor girl, importation of a girl from abroad for sexual purposes, and exploitation of a trafficked person respectively. Under IPC, laws relating to prostitution are quite limited.

SEX TRAFFICKING IN INDIA

For women and children who are victims of sex trafficking, India serves as a source destination and transit country. The majority of India’s trafficking issues are internal, and the most susceptible groups are those from the most economically and socially disadvantaged socioeconomic strata – those who belong to tribal & other backward communities. According to reports, thousands of unregulated labour placement firms use deceptive employment promises to recruit individuals and children into sex trafficking.

According to experts, sex trafficking affects millions of women and children in India. Traffickers subject women and girls to sex trafficking by making false work promises or setting up fictitious marriages in India or the Gulf states. In addition to typical red-light districts, tiny motels, cars, huts, and private homes are increasingly becoming the places where women and children are subjected to sex trafficking. In India, sex trafficking affects a large number of women and girls, primarily from Nepal and Bangladesh as well as Central Asia, Africa, and Asia, especially the Rohingya and other minority communities from Burma.

PROSTITUTION BEING LEGALISED

1. It will result in sex workers living better lives.
2. Labour rights will be given to sex workers.
3. The authorities will have the information necessary to monitor whether any minors are engaged in prostitution.
4. Forced Prostitution will not exist.
5. Fewer instances of trafficking and rape.
6. Financial empowerment. 
7. Reduction in minor sex workers.

 DEFENSIBLE PROSTITUTION–RELATED OFFENCES 

• Anyone who owns, operates, or aids in operating a brothel will be subject to a fine of up to two thousand rupees as well as a sentence of imprisonment of at least one year and a maximum of three years.

• Anyone who coaxes, buys, or kidnaps a girl with the intent to force her into prostitution faces a minimum sentence of seven years in prison and a maximum of fourteen years in prison as well as a fine of up to 2,000 rupees.

• Anyone caught holding a woman in brothels faces a minimum sentence of seven years in prison and a maximum of 10 years in prison.

• Any person who engages in prostitution within 200 m of a public area, such as a hostel, hospital, temple, etc., faces a sentence of up to three months in prison. When a kid is involved, the crime is punishable by a minimum seven-year sentence that could go up to ten years in prison.

• Anyone caught soliciting prostitutes faces a sentence of up to one year in prison or a fine of Rs. 500 on their first offence, and up to two years in prison on their second offence.

STEPS THAT SHOULD BE TAKEN IN ORDER TO FIGHT WITH PROSTITUTION

• The victims who are still of school-going age should have access to formal education, while adults should have access to non-formal education.
• All rescued victims who are not interested in education should get gender-sensitive, market-driven vocational training from the central and state governments in collaboration with non-governmental organizations.
• Rehabilitation and reintegration of rescued victims is a long-term process, recruitment of a sufficient number of qualified social workers and counselors in government-run institutions and homes, either on their own or in cooperation with non-governmental groups.
• It is important to promote legal literacy and awareness of economic rights, especially for women and adolescent girls.

CONCLUSION

Finally, it may be concluded from the study that it would be foolish to turn blind eye to it and act as though the system and its problems do not exist in a society where prostitution has been a long-standing profession and is still prospering as a business. By offering greater pay, health security, and protection, legalizing sex work will improve the quality of life for sex workers. Additionally, it will be a progressive move on the part of society to get rid of numerous societal ills like child prostitution, rape, sex trafficking. and other things.

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This article is written by Aditi Jangid, a 1^st year law student pursuing bachelor’s degree from Delhi Metropolitan Education (Affiliated to GGSIPU).