Tag: lawyers

The highest praise given to a king in antiquated history books was that he was just, helped the poor, and punished the wicked. Law-abiding citizens in those days desperately needed protection from powerful lawbreakers. The state’s authority is well established in modern times. While it is true that many crimes go unnoticed, no criminal has a chance of openly defying society. If we read about a man being hunted in the country, we give the poor wretch at most two weeks because we know that by then, the armed forces of the law will undoubtedly have caught up with him. But because of its overwhelming strength over an individual delinquent, it can afford to be kind. Making an effort to comprehend the offender is the least we can do for him. In fact, any wrongdoer who is not simply a born criminal or an incurable maniac is usually only a step away from being a decent person.

Knowing how a crime was committed requires being aware of a criminal’s mental state and deciphering his thoughts. As a result, criminal psychologists play a part. They dissect the incident’s emotional, personal, mental, and societal components. Lawyers frequently interact with criminals to establish a virtual relationship with them and work together to locate the crime scene. Together, criminal psychologists and attorneys work to understand the traits, language, actions, and biases of criminals. Criminal profiling is the official name for it.

WHAT IS PSYCHOLOGY?

As psychology strives to scientifically study behavior, it has undergone significant transformation and diversification. There are now more focused paradigms in place of the globalization and liberalization paradigms that were very popular in the 20th century. Diversification is becoming increasingly necessary in order to comprehend the theory and application of particular aspects. At the same time, a holistic approach is necessary and cannot be disregarded. Thus, it is clear that the notion that interdisciplinary, multicultural, and eclectic approaches are more practical is exemplary.

Governmental organizations must intensify their focus on enhancing legal services as a result of the rising crime rate. Finding the causes of crime, understanding the psychology of criminals, and being able to design interventions at the individual and social levels are also crucial if society is to improve. In sum, it is clear that in order to strengthen community involvement and reduce crime, governmental organizations must intensify their focus on enhancing legal services as a result of the rising crime rate.

From a single murder to a massacre! Have you ever considered the causes of the Holocaust? How can a single person, like Hitler, order the killing of millions of people? And discriminate against people and give orders to kill them based on factors such as caste, religion, race, and political beliefs. Without hesitation, his troops carried out his orders. Crime history is full of cases that raise many questions that can only be clarified by comprehending how people behave. Criminal psychology is important to control the growth of crime and to be able to assist those in need, not just to understand criminal minds or predict criminal behavior.

WHAT IS CRIME?

According to the law, a crime is an act that is either committed or disregarded in violation of public laws. It is also referred to as a crime. There are two parts to it- Mens Rea and Actus Reus. Crime can be characterized as an act that infringes on people’s rights, has an effect on society as a whole, inspires or influences sociopaths and psychopaths, and fosters a culture of mistrust and fear in society.

“It can be challenging to prove that a crime has been committed.” It is situation-based in addition to being contextual. When a soldier in a war situation kills a member of the opposing army, it is regarded as a display of bravery and pride. But it’s regarded as a crime by the general public. It is crucial to take into account whether a civilian crime was committed in self-defense, while under the influence of drugs or alcohol, or under social pressure. As a result, while the legal definition of crime emphasizes an action that violates the law, the normative definition of crime emphasizes an action that violates our moral standards. To sum up, it is ambiguous to categorize an act as a crime because there is no clear definition of what constitutes a crime. Only in relation to the social culture, legal system, and context of the act can the meaning of crime be understood.

RELATION BETWEEN THE TWO: CRIMINAL PSYCHOLOGY

Criminal psychology is the study of criminal behavior, whereby the term “behavior” includes personality, attitude, physiology, learning, motivation, thinking and other cognitive factors that contribute to the act of crime or criminal intentions. Police work also heavily utilizes psychology. Through the examination of a crime scene, investigative psychology, and other behavioral sciences, forensic psychologists or criminal anthropologists assist in identifying the suspects. These professionals are frequently used by law enforcement agencies to gain insight into the minds of potential offenders by determining the offender’s most likely personality type, way of life, and peculiarities.

Criminal psychology aims to control criminal behavior in addition to understanding criminal behavior. Over time, a deeper understanding of psychology, human behavior, and psychiatry have contributed to several important shifts in legal scholars’ perspectives on the law as well as the way the criminal justice system handles mentally ill individuals. Counseling and intervention are therefore crucial for both criminal and victim victims. The scientific study of psychology also involves and incorporates a great deal of research. Thanks to behavioral research, psychologists and legal authorities can better understand crime, criminal intent, and criminal behavior. In the future, both criminal and civil liability will inevitably change due to these complex research practices.

THEORIES ON HUMAN NATURE AND CRIME

Assumptions about human nature are based on three main domains, which are as follows :

1. Conformity perspective: Humans are fundamentally good, conforming beings who are greatly influenced by the attitudes and values of the society in which they live, claims Merton R. K. ‘s theory. This theory makes the supposition that people are creatures of conformity who desire to act morally. What society deems to be right is what is right. Influence from friends, acquaintances, family and other social networks can assist in finding the right thing. Delinquency and crime happen when there is a “perceived discrepancy” between the objectives cherished and materialist values and the accessibility of legal means. High-stress individuals and groups are forced to choose whether to uphold or disregard laws and norms; as a result, they withdraw, conform, or rebel.

2. Non-conformist Perspective: According to this theory, people are essentially illegitimate creatures who, given the chance, would disregard social norms and commit crimes. According to Travis Hirschi’s social control theory, crime and delinquency occur when a person has few or no ties to normative or conventional standards, which indicates a problem with social checks and balances. According to this theory, human nature is inherently “bad” or “antisocial.”

3. According to the third viewpoint, people are essentially “neutral” at birth and pick up all of their beliefs, behaviors, and tendencies from their social environment. This theory contends that social interaction with others is where criminal behavior is learned. Criminal behavior is not brought on by mental illness, emotional instability, or inborn goodness or evilness. People pick up messages from others who were perceived as criminals and use those messages to learn how to commit crimes. This theory is aptly summarized by the axiom that “bad company breeds bad behavior.”

PURPOSE OF CRIMINAL PSYCHOLOGY

Criminal psychology aims to comprehend criminal behavior in order to be able to manage and change it. By creating a psychological profile of repeat offenders and looking into the causes and consequences of their behavior, a criminal psychologist is needed to support police and legal authorities during a case’s investigation. Understanding the offenders and the police officers working the case is important. Human error and resource constraints frequently prevent or delay personnel from accessing case-related information. In order to help investigators deal with cases of mental illness where people are involved in crime, criminal psychologists should also develop guidelines and increase their knowledge.

Criminal psychology also seeks to understand how to resolve problems that emerge between the investigator, offender, and victim during a case investigation. In addition to providing counseling to offenders and victims, it aims to maintain and develop effective interventions for mental health professionals. If schools and colleges are involving students in activities that improve their mental wellbeing and deter them from engaging in violent acts and behaviors, then the role of a criminal psychologist is also understood. Criminal psychology is a specialized field. It’s critical to comprehend the mental health of young people who have engaged in antisocial behavior while in high school or college, as well as how to help them reintegrate into society.

Criminal psychology aims to comprehend developmental problems that could result in criminal behavior. Criminal psychologists have attempted to understand, test, and develop theories to understand developmental issues that may lead to criminal intent and behavior in a lot of the past research that has been done. Criminal psychology deals with and aids in the resolution of cases involving disputes over child custody and marital and family disputes. It’s also important to remember that criminal psychologists are obligated to examine and confirm the mental illness certifications provided by offenders. additionally to offer treatments and counseling to help them get better.

CITATIONS

1. Lawrence Kohlberg’s Moral Development Theory, 1958; Erik Erikson’s Psychosocial Stages of Development, 1963.

This article is written by Sanskar Garg, a last-year student of the School of Law, Devi Ahilya University, Indore.

INTRODUCTION

In a world where all the countries are running towards development, a lot of industries are being established and excessive utilization of natural resources is taking place. Today, nature’s resources are facing extinction and the whole world is planning to save the resources for the coming generations and future use. In this process, there are chances that the development of the countries may decelerate. For the development and protection of natural resources to go hand in hand, sustainable development has been introduced. The most popular definition of sustainable development is described as development that satisfies current demands without jeopardizing the capacity of future generations to satisfy their own needs. There are two major ideas in it:

• the idea of needs, especially the basic requirements of the world impoverished, to which top emphasis should be given; and
• the notion that the environment’s capacity to fulfil existing and future demands is constrained by the level of technology and social structure.

The Brundtland Report, also known as Our Common Future, was issued in 1987 by the World Commission on Environment and Development and is where the phrase first appeared. Sustainability recognizes a comprehensive viewpoint that links a community’s economy, ecology, and society. This admits that an economy exists within a society and that society exists within the ecosystem of the world. The angle highlights how closely connected we are to nature.

VARIOUS PRINCIPLES OF SUSTAINABLE DEVELOPMENT

1.  Inter-Generational Equity: The principle talks about the right of every generation to get benefits from natural resources. Principle 3 of the Rio declaration states regarding the right to development which meets the needs of the present and the upcoming generations. The main aim behind this principle is to make sure that the present generation should not excessively use non-renewable resources which would deprive the benefit of the next generation.

• The Principle of Precaution: This is often regarded as the most fundamental concept of ‘Sustainable Development.’ Principle 15 of the Rio Declaration is about the protection of the environment. The states are expected to use their capabilities through the precautionary method to protect the nation. Cost-effective methods must be used to develop the states and protect the environment from serious threats and irreversible harms.

•  Principle of Polluter Pays: The Rio Declaration in the principle 16 states that the national authorities try to vitalize internalization of the costs of the environment and the economic mechanisms must be used with proper care in the interest of the public without disturbing the international

SUSTAINABLE DEVELOPMENT AND INDIA

India has switched to sustainable development as it has been considered that nature’s protection plays a crucial part in the development of the nation. With the alarming decrease in the number of non-renewable resources that paves a path to the development of the country, India decided to use renewable natural resources and stop the excessive usage or destruction of the resources and protect nature. When United Nations considered sustainable development to be a healthy method, many countries along with India adopted it. The constitution earlier hasn’t declared any provisions to protect the environment but later Article 21¹ of the Constitution interpreted that the Right to life also implied “the right to live in a healthy environment” explicitly. Various laws implemented by the Indian legal system to protect nature and pave the way for sustainable development are:

• The National Green Tribunal Act 2010;
• The Forest (Conservation) Act of 1980
• The Air (Prevention and Control of Pollution) Act, 1981;
• The Water (Prevention and Control of Pollution) Act, 1974;
• The Environment Protection Act, 1986, etc.

THE ROLE OF THE INDIAN JUDICIARY

Being a developing nation, India had rapid industrialization and economic growth in recent years. However, it harmed the environment in the country. The Supreme Court of India had a vital role in defining the term Sustainable development. This battle for environmental protection was headed by Justice Kuldip Singh also known as the Green Judge. Most Environment-related cases are approached in front of the Higher courts of India through PILs (Public Interest Litigation) under Article 32 or 226.

Vellore Citizen Welfare Forum vs. Union of India² was the first case in which the Supreme Court used the idea of “Sustainable Development.” In this instance, a disagreement emerged over certain tanneries in Tamil Nadu. These tanneries were releasing effluents into the Palar River, which served as the state’s primary supply of drinking water. The Supreme Court stated that the court had no problem in declaring the principles, of precautionary and polluter pays as a part of the Indian Environmental law. Restructuring or reviving the harmed environment is the process of Sustainable Development. The polluter is liable and must pay the costs for the victims who’ve been affected and also have to pay for the environmental destruction.

This case has been a landmark judgement which has been given by the Supreme Court. The Idea of Sustainable Development has been made clear by it. This has benefitted a lot to the society. It has been made clear that the polluter has the liability to pay for the damage that he has caused to the environment since the pollution of the environment is considered to have disturbed the aim of sustainable development by polluting its surroundings. Following that, the Apex Court clarified and applied the idea of Sustainable Development in several rulings. In Narmada Bachao Andolan vs. Union of India³, the Hon’ble Supreme Court of India said “Sustainable Development indicates what sort or degree of development may take place, which can be supported by nature with or without mitigation.”

The Supreme Court used the precautionary principle in M.C Mehta v. Union of India⁴. In this case, the precautionary principle was applied. A PIL was filed stating that the use of coal/coke has caused a lot of environmental havoc and also regarding the increasing pollution around Taj Mahal, i.e., Acid rains have increased a lot and caused a change in colour of the monument’s marble. It can be inferred from the Supreme Court’s judgement that due to the rapid industrialisation in that area, there have been acidic emissions present in the atmosphere. The issue was taken seriously as this would impact both biotic and abiotic ecosystems. It was also stated by the court that any industry which can’t use natural gas instead of coal or coke can relocate to any other industrial area away from the Taj Trapezium Zone.

NATIONAL GREEN TRIBUNAL

India has actively taken part in the UN 2030 Agenda which focuses on the improvement of the environment and tackling climate change through the sustainable development method as it is the most viable method to better the environment without interrupting or stopping the process of development rather, bringing in the healthy way of development. The UN 2030 Agenda has established around 1200 environmental courts and tribunals to promote sustainable development through the judiciary for a better society. The National Green Tribunal was established by the National Green Tribunal Act, 2010. This statute controls the handling of civil lawsuits involving nature preservation and environmental protection. Legal rights relating to the environment are mentioned.

It has been said in the case of Sterlite Industries (India) Pvt. Ltd. vs. Tamil Nadu Pollution Control Board & Ors⁵ by the NGT while ruling in favour of the firm. It was stated by the court that the regulations regarding the environment need to be enforced strictly however, no action shall be taken just on mere suspicion. The precautionary principle must be applied when reliable scientific evidence reveals that there is a likely signal of some environmental harm or health danger without implementing suitable preventative actions.

SUSTAINABLE DEVELOPMENT GOALS (SDGS)

In the year 2015, the Members of the UN along with India adopted the Sustainable development goals which consist of 17 objectives and 169 targets to fulfil for the eradication of poverty and pollution. Economic growth, Environmental safeguards and Inclusion in society are the objectives of sustainable development goals. The sustainable development goals are inclusive of many factors that affect society in a better manner than the millennial development goals. In T. DamodharRao v. S.O. Municipal Corporation, Hyderabad⁶, “the court stated that, according to Articles 48-A and 51A(g), it is clear that environmental protection is not only the responsibility of every citizen but also of the State and all other state organs, including courts.”

FULFILMENT OF SUSTAINABLE DEVELOPMENT GOALS BY INDIA

India is said to have fallen 3 spots in 2022 and is currently in 120^th position as per the Centre of Science and Environment’s State of India’s Environment Report, 2022. India has attained a score of 66 out of 100. One of the main reasons for the demotion of rank is the Covid-19 pandemic outbreak, the poor in India have become poorer. However, the Sustainable development goals have improved a lot in society. Along with an aim to eradicate poverty which has happened to be effective, according to the survey of the Times of India, it has been observed that the forest area in India has increased and ranks 3^rd globally in an average annual net gain in forest area between 2010 to 2020. It has also been observed from the survey that there has been a rapid increase in economic growth along with conservation, ecological security & environmental sustainability. The state governments also play a major role in sustainable development. India also has the SDG India Index to monitor sustainable development within the premises of India.

CONCLUSION

As important as the improvement of the industries and development of the nations, it is more important to conserve nature and its resources, especially those which are non-renewable. There is a saying by Mahatma Gandhi, “Earth provides enough to satisfy every man’s needs, but not every man’s greed.” The only way that all the countries can develop is by protecting the environment through Sustainable development. India being a developing nation, has a huge necessity for development while approaching the required goals through sustainable development methods. However, through the incentives taken by the Indian Government, the process of development and conservation of nature is going hand in hand, in a peaceful manner.

There are many laws introduced in India. However, through the supervision of the situations, there are amendments made to the laws. The Plastic Waste Management Amendment Rules, 2021, which aim to phase out single-use plastic by 2022, were announced in August 2021. The extended producer responsibility for plastic packaging regulation draft has been made public. On July 1^st 2022, the Indian government banned single-use plastic to reduce pollution. This is a huge step toward the reduction of land and water pollution. India also plans to meet its goal of the UN Agenda to reduce emissions in India by 2030. The method of Sustainable development paves the path for future generations to utilize the resources to develop their society in the coming time

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CITATIONS

¹ The Constitution of India 1950, art. 21.

² Vellore Citizen Welfare Forum vs. Union of India, 1996 5 SCR 241.

³ Narmada Bachao Andolan vs. Union of India, 10 SCC 664.

⁴ M.C Mehta v. Union of India, AIR 1988 SC 1037.

⁵ Sterlite Industries (India) Pvt. Ltd. vs. Tamil Nadu Pollution Control Board and others, 2019 SCC OnLine SC 221.

⁶ T. DamodharRao v. S.O. Municipal Corporation, Hyderabad, AIR 1987 AP 171.

This article is written by K. Mihira Chakravarthy, currently enrolled in 1^st year, B.A. L.L.B. at Damodaram Sanjivayya National Law University (DSNLU).

Late many years have seen a change in the strategy conversation of orientation and training away from an emphasis on female ‘weakness’ towards a worry with male ‘underachievement’. This blog gives an outline of late exploration on orientation and instruction. It is primarily worried about a conversation of the variables forming distinctions in sexual orientation in instructive accomplishment and field of study. It isn’t expected to suggest that these are the main results of concern. Notwithstanding, an itemized investigation of how tutoring influences more extensive individual and social turn of events (for instance, self-idea) is outside the boundaries of the section. The spotlight here is essentially on evolved nations, albeit large numbers of the issues examined have more extensive importance. The primary area gives an outline of distinctions in sexual orientation in instructive accomplishment and accomplishment across nations. The subsequent area centers around factors which shape such distinctions in sexual orientation, including more extensive socialization, the idea of school association, and youngsters’ everyday encounters inside the school. The third area portrays a few mediations that have been utilized to advance orientation value in instructive results.

In virtually every country there is a sure measure of orientation disparity in training, in certain nations young ladies outflank young men, and in others, they are not permitted to go to class (Parsons, 2009). In the created world, young ladies are almost certain than young men to go onto college (Parsons, 2009) however in the creating scene numerous young ladies can not arrive at auxiliary school (Marshall, 2014). There can be various types of orientation imbalance, particularly in the creating scene. In the Global South, young ladies face hindrances in getting to training, frequently because of well-established social and social practices, like inclination for a child’s schooling, brutality against young ladies’ inside the home and in instructive foundations, and family obligations and homegrown commitments (Marshall, 2014).

In India explicitly, each of the previously mentioned hindrances exists, as well as various more limited size gives that emerge, like the absence of young ladies’ latrines or absence of female educators. The range of deterrents that young ladies face in getting to even the lower levels of training implies that a multi-disciplinary, comprehensive methodology is expected to advance the circumstance in India. There are numerous meanings of the orientation hole contingent upon what the idea of the exploration is centered around. For this review, the meaning of orientation hole is the distinction in quantities of guys and females, for instance in training it would be the contrast between the number of females and guys that had signed up for a specific year of tutoring or the distinction in the scholastic accomplishment of young ladies and young men. This exploration will zero in on the orientation hole in auxiliary and advanced education organizations in India.

CROSS-PUBLIC EXAMPLES IN INSTRUCTIVE FULFILLMENT AND ACCOMPLISHMENT

In taking a gander at distinctions in sexual orientation in instructive results, recognizing three arrangements of results: (i) instructive support and fulfillment, that is to say, how far young ladies and men go inside the schooling system; (ii) instructive accomplishment, that is to say, how well young fellows and ladies perform (for instance, regarding grades) at a given level of the schooling system; and (iii) field of review, or at least, the sort taken inside the school system is significant.

(i) Educational support and achievement

By and large, men in Western nations would in general have higher instructive fulfillment levels than ladies (Spender and Sarah, 1980). At present, among the grown-up populace (that is, those matured 25 to 64), men are found to have more long stretches of tutoring and are bound to arrive at upper auxiliary training (or higher) than ladies in two out of three created nations (OECD, 2005). In any case, zeroing in on the grown-up populace all in all masks significant changes among ongoing associates of youngsters. If by some stroke of good luck the most youthful age-bunch is thought of (that is, those matured 25 to 34), the authentic example is switched with female fulfillment levels higher than male rates in two out of three nations. Right now, upper optional graduation rates are higher among young ladies than young fellows in most OECD nations (OECD, 2005). Moreover, in around two out of three nations, female graduation rates for tertiary training are equivalent to, or surpass, male rates in about two out of three OECD nations. High-level exploration degrees are the main level where men keep on overwhelming mathematically (OECD 2004, 2005). Indeed, even at this level, massive changes have occurred with the extent of females among doctoral alumni in the United States, for instance, expanding from 14% in 1971 to 42 percent in 1998 (England et al., 2004).

(ii) Educational accomplishment

There are two different ways of evaluating instructive accomplishment: right off the bat, by checking out (distinctions in sexual orientation in) execution on (broadly or cross-broadly) state-sanctioned trial of capacity; furthermore, by taking a gander at how young ladies and men perform based on evaluation frameworks utilized inside their public (or local) school systems. These two methodologies enjoy corresponding benefits in investigating distinctions in sexual orientation. Cross-broadly state-administered tests yield bits of knowledge about the degree to which distinctions in sexual orientation in a similar result shift across nations. Country-explicit evaluation yields extremely helpful bits of knowledge about distinctions in sexual orientation in execution and capabilities accomplishment which will affect admittance to additional schooling, preparation, and work.

(iii) Field of study and course decision

Disregarding critical expansions in young ladies’ instructive fulfillment, stamped distinctions in sexual orientation endure in the sorts of courses taken inside the school system (Bradley, 2000). Across European nations, designing courses at the upper auxiliary level will quite often be overwhelmingly male while wellbeing/government assistance, expressions/humanities, training courses, and sociology/business courses are lopsidedly female (Smyth, 2005). Inside tertiary training, ladies are over-addressed in the fields of humanities, expressions, schooling, well-being, and government assistance while young fellows are over-addressed in math and software engineering, designing, assembling, and development (OECD, 2004).

The schooling system – As well as investigating the effect of more extensive cultural patterns on instructive results, analysts have progressively centered around how the idea of the tutoring framework itself adds to the creation and propagation of distinctions in sexual orientation. This and the accompanying segments investigate the effect of various variables, including the school system at a large scale level, school association and culture, and whether schools are coeducational or single-sex in profile.

Two parts of the school system have been recognized as key in molding distinctions in sexual orientation in scholarly results: the nature and timing of separation into various courses or tracks, and the methodology taken to understudy evaluation. Buchmann and Charles (1995) suggest that, where instructive decisions are made at an early age, they are bound to be oriented run-of-the-mill and that this component, combined areas of strength with work market linkages (for instance, through occupationally-explicit preparation), implies that orientation isolation is probably going to be more articulated in nations with exceptionally separated, professionally arranged frameworks.

ORIENTATION BLEND INSIDE SCHOOLS

Perhaps the earliest significant investigation of co-education (Dale, 1969, 1971, 1974) demonstrated positive formative results for understudies in blended orientation schools with no adverse consequence on instructive results. Conversely, the resulting concentrates on featured a benefit to young ladies going to single-sex schools with regards to their scholastic grades and the probability of concentrating on less ‘conventional’ subjects. Contrasts among coeducational and single-sex schools were ascribed to male strength of homeroom communication, instructor mentalities and assumptions, peer culture, and various ways to deal with review among male and female understudies (see, for instance, Spender and Sarah, 1980; Deem, 1984). Specialized progress in the field of school viability (utilizing staggered or various leveled straight displaying) implied that more exact assessments could be determined of the impacts of the school orientation blend, well beyond those of understudy foundation factors.

MALE AND FEMALE OR GUYS AND FEMALES?

A portion of the conversation of distinctions in sexual orientation in instructive results seems to set ‘male’ and ‘female’ as the main pertinent differentiations. Be that as it may, a significant and developing collection of examinations demonstrates the complicated manners by which orientation collaborates with different factors, for example, social class foundation and nationality. Without a doubt, the development of orientation can shift across various gatherings of young ladies and young men; there are numerous ‘masculinities’ and ‘femininities’ (Connell, 2002). In an investigation of elementary younger students, Reay (2001) found that young ladies took up extremely changed positions comparable to customary femininities: ‘decent young ladies’, ‘chicks’, ‘flavor young ladies’, and ‘spitfires’ and thus, that’s what she contended: “doubles like male: female, kid: young lady frequently keeps us from seeing the full scope of variety and separation existing inside one orientation as well as between classifications of male and female” (p.163). It is significant, consequently, to go past regarding orientation as a variable that ‘makes sense of’ various results and take a gander at how youngsters develop and establish orientation over the long run (Scott, 2004).

STRATEGY INTERCESSIONS AND ORIENTATION VALUE

Strategies connecting with orientation value in training have fallen into four principal classifications: hostile to segregation regulation, the advancement of support in contemporary branches of knowledge, single-sex classes and additionally schools, and the improvement of ‘kid agreeable’ materials, educating, and evaluation techniques. Normally, distinctions in sexual orientation in instructive results may likewise be formed by more extensive instructive changes not unequivocally pointed toward advancing orientation value.

A scope of regulative measures has precluded direct victimization of either orientation in instructive arrangement across various created nations. In the United States, Title IX of the Educational Amendments Act of 1972 restricted sex separation in schooling with resulting regulation, (for example, the Women’s Education Equity Act 1974) giving assets to advancing orientation value in training. Additionally, the Sex Discrimination Act 1975 in Britain made it unlawful to avoid young ladies or young men from specific courses. Notwithstanding, it is challenging to unravel the effect of such regulation from the course of more extensive social change (Stromquist, 1993) and, as the exploration framed above has shown, gendered results more frequently reflect unpretentious cycles as opposed to obvious separation.

CONCLUSION

Ongoing many years have seen female instructive fulfillment and accomplishment levels equivalent, or outperform, those of their male partners in many created nations. Regardless of these changes, constant distinctions in sexual orientation are obvious in the sorts of subjects and courses taken by young ladies and men inside auxiliary and tertiary training. This section has illustrated a portion of the principal clarifications framed for these examples. Distinctions in sexual orientation in instructive accomplishment have been credited to more extensive social and work market factors, the methodology taken to understudy appraisal, the feminization of education, the example of homeroom cooperation, and the ‘laddish’ culture among young men, and the orientation blend of the school. Distinctions in sexual orientation in the field of review have been differently credited to organic elements, orientation isolation inside the work market, the idea of the school system, whether the school is co-educational or single-sex, and the development of specific circles of information as ‘male’ or ‘female’.

REFERENCES

1. Arnot, M. (2002) Reproducing Gender? London: Routledge Falmer.
2. Arnot, M., David, M. and Weiner, G. (1999) Closing the Gender Gap. Cambridge: Polity Press.
3. Arnot, M. and Miles, P. (2005) “A reconstruction of the gender agenda: the contradictory gender dimensions in New Labour’s educational and economic policy”, Oxford Review of Education, Vol. 31, No. 1, pp. 173-189.
4. Askew, S. and Ross, C. (1988) Boys Don’t Cry: Boys and Sexism in Education. Milton Keynes: Open University Press.
5. Ayalon, H. (1995). “Math as a Gatekeeper: Ethnic and Gender Inequality in Course-taking of the Sciences in Israel”, American Journal of Education, Vol. 104, pp.  34-56.

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

INTRODUCTION

In India, Public Interest Litigation materialized as a blossoming method in the sphere of environmental protection. In environmental litigation, the parties that are influenced may be anonymous or a disseminated herd of individuals and the infringement of a legal right of a person would be grueling to establish. Before the 1980s, the locus standi in writ jurisdictions only involved petitions from an individual who has endured a breach of his/her guarded legal right or interest or is likely to abide such breach, thus no other person was authorized to represent an indignant participant such a person would not acquire the locus standi to initiate a petition. But with the emergence of Public Interest Litigation through the reports of the Committee on Legal help supervised by Justice P.N. Bhagwati and Justice Krishna Iyer escort about a new development in an environment aligned jurisprudence.

The alleviated procedural rules under PIL can give rise to cases where the plaintiff is seeking implementation of the constitutional or legitimate rights of those persons or society who because of poverty, dysfunction, or ethically, culturally, or economically disadvantageous position find it tough to plea the appellate courts for rectifying. Thus PIL is directed as the judicious arm of legal movement and is serene “ingress to justice” for the re-establishment of the breached human rights of the criticized groups in society. Through this imaginative approach, appellate courts in India have considered environmental petitions under PIL besides the use of contaminated water, vehicular excretion pollution, forbidden cutting of trees in forests, projects including environmental pollution, and transformation of public parks into private hospitals, etc.

IMPORTANCE OF PIL FOR ENVIRONMENT PROTECTION

The field of environmental litigation has changed tremendously since the introduction of the concept of Public Interest Litigation. It has broadened the scope for the public to exercise their constitutional and statutory rights through public interest litigation. Before the arrival of public interest litigation, litigations were to be filed against environmental pollution and degradation were governed by the Indian Penal Code and the Code of Criminal Procedure under criminal law, civil law, and the law of torts. The stipulation for public nuisance under these laws enfolded noise, air, and water pollution and a suit against such environmental pollution could only be initiated by a person or a party that is directly strained by it. There was no stipulation for a person other than the influenced party to prefer a suit to the courts as the courts only acknowledge the violation and the re-establishment of rights of the infected party and did not take a mass of anonymous people that are affected by environmental pollution into reflection. Through PIL, a person or society, not infected by environmental pollution may bring a suit against the same. The dawn with the Dehradun lime stone objecting case in 1983, shadowed by the Ganga Water Pollution case, Vehicular Pollution case, Vellore leather industry pollution case, Delhi, Oleum Gas Leak case, Narmada Dam case, Dahanu Thermal Power Plant case, Bichhri village industrial pollution case, T.N.Godavarman case, and Tehri Dam case, all of them came to Court’s attention through PIL. These cases were established not by the affected parties but by numerous Non-governmental Organizations and environmental campaigners, on behalf of the people affected.

JUDICIARY AND ENVIRONMENTAL LITIGATION

Citizens have started using Public Interest Litigation as a tool to restore their fundamental rights under Article 32 and Article 226 of the Constitution of India which are being affected by environmental pollution and degradation. Public interest litigation against environmental pollution can be filed in the Supreme Court under Article 32 of the Constitution of India and Article 226 in the High Court. Dehradun v State of Uttar Pradesh raised issues relating to ecological imbalance and the right to a pollution-free environment. The Supreme Court included the right to a healthy environment within the purview of Article 21 of the Constitution of India and can be claimed by the citizens against the state. Under Article 32, a petition was filed seeking closure of the limestone quarry as the explosion of the mines caused ecological imbalance and health hazards to the people and the environment. The Supreme Court ordained the shutting down of the mine but did not proceed with an ultimate order and cited it as a matter that the Government must settle on.

In Tehri Bandh Anti-Sangharsh Samiti and others. v. UP and other states¹, Tehri Dam Pratishtha Sangharsh Samiti filed a petition to stop the construction of a dam as the construction endangered the lives of the people as well as the ecology and environment of the whole of North India as construction was being done in an earthquake-prone area. The Supreme Court, after examining the matter, said that the government was conscious of the danger and damage caused and had taken steps to ensure the safety of people and the environment. Thus the Supreme Court, satisfied with the efforts of the government, dismissed the petition.

In M. C. Mehta v. Union of India², an oleum gas leak caused injury to a large number of persons. After considering the welfare of the people, negligence of the management, the impact on the unemployment rate on the plant shutdown, and the dangers of the technology, the court allowed the Shriram Chemicals plant to continue conditionally. The procedure of “sustainable development” was alleged in this case. This theory expresses that the polluter will have utter liability to alter the degeneration or vandalism done to the ecology as well as the individual or the mob of individuals swayed by the industry which caused such damage. Further, in the case, Vellore Citizens Welfare Forum v. Union of India³, the court held that the precautionary standards and the polluter payment ethic are vital to the process of “sustainable development”.

THE SUBTLETY OF PUBLIC INTEREST ENVIRONMENTAL LITIGATION

The establishment and evolution of PIL in the Indian Judiciary have not only introduced and given the rise in environmental cases attacking the public at a wide range but have also revealed many stumbling blocks of the concept. Giving the right to “public-spirited” citizens to move to court on behalf of the affected society or majority of individuals has shown a hike in cases related to private suffering and has become more customized and grabbed attention. The method of PIL was to furnish cheap and speedy redressal of subjects uplifting the environment and the public at large, but this has not happened.

T.N. Godavarman Thirumulkpad vs Union Of India & Ors⁴ is a classic example of how the court has occupied this problem for more than a decade and a final solution has a long way to go. The petition was filed in 1996, endeavoring the intervention for the conservation and preservation of the Nilgiri forest land from desertification and logging, proved to be a case of enormous shares which led to disputes in administrative functions, traditional ways of forest management, and insufficiency of acknowledging the rights of the forest habitat. It is also seen that the Court has discarded or dismissed most of the PILs stimulating groundwork projects and considered it as the impugn of PIL, in the Narmada Bachao Andolan v Union of India.⁵ In some cases, the Court has also held that, if a project is stalled on account of a PIL that is subsequently dismissed, the petitioner shall be made liable to pay for the damages caused by the delay in the project needed.

CONCLUSION

India being a developing country has witnessed environmental degradation and an increase in pollution, for which PIL on Environment Protection has proved to be an effective mechanism for restoration and redressal of the environment and the citizens of the country. With the amended environmental law and new PIL procedures, any citizen or organization, whether directly or indirectly affected, can file a petition against ecological and environmental imbalances that not only harm citizens but also contravene their fundamental rights. It has demonstrated to be a new dawn for the criticized citizens who are inadequate to voice their beliefs on the act of brutality committed on them as well as the environment by several industries and also the Government. Through judicial activism as an instrument of public interest litigation, courts investigate the functioning of the government and provide remedies and re-enforcement of violated fundamental rights of citizens. Thus, the introduction of PILs for environmental issues by the Indian judiciary has been a boon to the citizens of the country.

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CITATIONS

¹ 1990 SCR, Supl. (2) 606 1992 SCC Supl. (1) 44.

² 1988 AIR 1115, 1988 SCR (2) 530.

³ (1995) 5 SCC 647.

⁴ 2002) 10 SCC 606 (627).

⁵ (2000) 10 SCC 664.

This article is written by Ashmita Dhumas, who has completed her BA LLB from Agra College and is doing a diploma in Corporate Law from Enhelion.

INTRODUCTION

Since before the arrival of the first colonists, income taxes have been a common idea. It is regarded as a tax that a citizen pays to the state, based on their income and the profits of their businesses. The state uses the money it receives from taxes for a variety of things, such as providing public services, building infrastructure, paying for the military and other forms of defense, and providing subsidies. The Income Tax Act of 1961 is a sophisticated and extensive statute that covers all of the different laws and rules that govern how the country administers its tax system. Income tax is levied, handled by, collected from, and collected by the Indian government. According to Section 4 of the Indian Income Tax Act, income tax will be assessed for the corresponding assessment year based on each person’s total previous-year income at the rates set out by the Finance Act. As the name suggests, tax deducted at source (TDS) aims to collect money right from the source of income. It combines the ideas of “pay as you earn” and “collect as it is being earned,” and is essentially an indirect method of “collecting tax.” It is important to the government because it gets ready for tax collection, guarantees a steady stream of income, and gives taxes a wider base and greater reach.

In addition, it offers the taxpayer a straightforward and practical method of payment while also distributing the tax’s incidence. The person receiving the income is typically responsible for paying income tax. However, the government makes sure that income tax is taken out of your payments in advance using provisions known as ‘Tax Deducted at Source.’ The net sum is given to the income recipient (after reducing TDS). The recipient will include the gross amount in his income and subtract the TDS amount from his overall tax obligation. The sum already withheld and paid on the recipient’s behalf is accepted as payment in full. The mentioned provisions are used to fulfill the recipient’s tax obligations. As a taxpayer, it is our responsibility to declare the amount of income we have earned and paid taxes on in our income tax return.

According to Section 192 of the Income Tax Act of 1961, anyone responsible for paying any income that is chargeable under the head ‘salary’ must deduct income tax from the assessee’s anticipated income under the head salary. The tax must be computed at the average income tax rate based on the rates currently in effect. The deduction must be made at the time of the actual payment. However, unless the estimated salary income exceeds the maximum amount exempt from the tax that applies to an individual during the relevant financial year, no tax is required to be withheld at the source. Once the tax has been deducted, it must be deposited in a government account, and the employee must be given a certificate of tax deducted at the source (also known as Form No. 16). The employee must include this certificate with his income tax return to receive the TDS credit on their income tax assessment.

Lastly, the employer/deductor must complete Form No. 24Q, Quarterly Statements, and submit it to the Income-tax Department. Salary is said to be the remuneration received by or accruing to an individual for service rendered as a result of an express or implied contract. The statute gives an inclusive but not exhaustive definition of salary. As per Sec. 17(1), salary includes therein-

• Wages
• Annuity or pension
• Gratuity
• fees, commission, perquisites, or profits in lieu of salary
• Advance salary
• Receipt from provident fund
• Contribution of the employer to a recognized provident fund in excess of the prescribed limit
• Leave encashment
• compensation as a result of variation of service contract etc.
• Government contribution to a pension scheme.

The law mandates that tax be withheld at source from earnings covered by the head salary. As a result, the existence of an employer-employee relationship is a requirement before a specific receipt can be taxed as a head salary. When an employee is subject to the employer’s right to direct how he carries out instructions in addition to working under his direct control and supervision, this type of relationship is said to exist. Therefore, the law essentially mandates the deduction of tax in the following situations: (a) When the employer pays the employee. The income under the head salaries is above the maximum amount not subject to tax, (b) the payment is in the nature of a salary, and (c) the payment has been made. Both payment and deduction of tax are in the hands of the employer.

Even if an individual or HUF is not subject to a tax audit, payments made by them that total more than Rs 50,000 per month must be TDS-deducted at a rate of 5%. Furthermore, individuals and HUF required to deduct TDS at 5% are exempt from applying for TAN. Your employer deducts TDS at the corresponding income tax slab rates. Banks deduct TDS at a rate of 10%. If they don’t have your PAN information, they may also deduct 20%. The income tax Act specifies the TDS rates for the majority of payments, and the payer deducts TDS based on these rates. If your total taxable income is less than the taxable limit and you provide your employer with investment proof (to claim deductions), you are not required to pay any tax. There should be no TDS deducted from your income as a result.

TDS on payment of pension– It has been clarified by CBDT vide circular No. 761 dt. 13/01/98 that in the case of pensioners receiving pension through nationalized banks, provisions of TDS are applicable in the same manner as they apply to the salary income.

TDS on Retirement Benefits: According to section 17, retirement benefits that an employee receives are taxable under the heading salaries as ‘profits in lieu of salaries’. As a result, they are subject to the TDS provisions outlined in Section 192 and other pertinent sections. As a result, when an employee retires, the employer must compute the TDS while taking these factors into account. However, some of these retirement benefits are either fully or partially exempt from taxation under Section 10.

COMPARISON OF GOVERNMENT EMPLOYEES AND PRIVATE SECTOR EMPLOYEES

Rent-Free Accommodation (Unfurnished): It is a benefit that the employee receives from their employer. A prerequisite is simply a non-financial or in-kind benefit provided to an employee. According to the Act’s provisions, these are taxable in the employee’s hands.

• Government Employees: The taxable value of the benefit shall be the License Fees as determined by the Government for the allotment of houses. The License fee is quite nominal.
• Other Employees: House is owned by the Employer. The following shall be the taxable value of the perquisite-
  • If the Population exceeds 25 Lakhs, then 15% of salary.
  • If the Population ranges between 10-25 Lakhs, then 10% of salary.
  • In any other case, 7.5% of salary.

House is taken on lease or rent by the employer: The taxable value of perquisite shall be irrespective of the population. it shall be Actual Rent & 15% of salary whichever is lower.

• Gratuity:
  • Government Employees: The amount of Gratuity received is fully exempt from tax.
  • Other Employees: The Exemption shall be a minimum of the three:
    1. Actual Gratuity Received.
    2. Rs. 1,00,000(Likely to increased to Rs. 20,00,000).
    3. 15/26*Last drawn salary* Completed year of service or part thereof.
• Pension:
  • Government Employees: Fully Exempt.
  • Other Employees:
    1. Non- Government Employees in receipt of Gratuity: Only 1/3rd of the full value of the commuted pension is exempt from tax. So, technically you are required to pay tax on 2/3rd of the value of the commuted pension.
    2. Non-Government Employees not in receipt of Gratuity: Only 1/2nd of the full value of the commuted pension is exempt from tax. Here, you are required to pay tax on half of the value of the commuted pension.

Basis of Difference	Government Employees	Non-government Employees
Entertainment Allowance	Lower of below is allowed as a deduction: 1/5th of salary, or, Rs. 5000	Fully-taxable. No deduction is allowed
Rent-free Accommodation (Unfurnished)	The nominal License fee shall be taxable value.	Certain Percentages of salary shall be taxable value.
Foreign allowances or perquisites	Exempt	Not Exempt

CONCLUSION

The numerous tax benefits enjoyed by the government employee could be one of the reasons which give them an edge over the non-government employee. Tax deducted at Source (TDS), as the name implies, aims to collect money directly from the source of income. It is essentially an indirect way of “collecting tax,” combining the concepts of “pay as you earn” and “collect as it is being earned.” It is crucial to the government because it prepares for tax collection, ensures a consistent income stream, and expands the base and scope of taxes. It also distributes the tax’s incidence while providing the taxpayer with a simple and useful method of payment. Taxes on income are typically paid by the individual receiving the income. However, using a feature known as “Tax Deducted,” the government ensures that income tax is deducted from your payments in advance.

This article is written by Sanskar Garg, a last-year student at the School of Law, Devi Ahilya University, Indore.

Coordinating a fair trial for those who are inculpated of criminal offences, is the backbone of democracy. A ‘fair trial’ is one of the most important humanitarian aspects of criminal justice and, in a way, an important component reflected in the rule of law. Acknowledgement of the fairest possibility to the accused in order to prove their integrity is the key component of every fair trial. Escorting a fair trial is fruitful both to the accused as well as to the civilisation. A conviction arising from an unfair trial is conflicting with our theory of justice.

INTRODUCTION

A fair trial clearly would mean a trial before an unbiased judge, an honest prosecutor and an environment of judicial tranquillity. A fair trial means a trial in which there’s no discrimination, it is not influenced or twisted for, or against the inculpated and the witnesses or the source which is being tried. If the witnesses get terrorized or are imposed to give forged evidence that also would not score in a fair trial. The failure to gather necessary witnesses is certainly denying a fair trial. The right to a fair trial in a criminal prosecution is enshrined in Article 21. Additionally, Section 142 of the Evidence Act does not give power to the prosecution to put leading questions on the material part of the evidence that a witness intends to give against the accused. To do so infringes the right of the accused to have a fair trial which is enshrined in Article 21, this is not curable in irregularity. The right to have a fair trial, rigorously in terms of the Juvenile Justice Act which would involve procedural protection, is a fundamental right of the juvenile too.

CONCEPT OF A FAIR TRIAL

The right to a fair trial is not just a right furnished in our country but it is also promised by numerous other statutes worldwide. Article 6 of the European Convention on Human Rights concerns the Right to a fair trial. The Article states that everyone is authorized to have a fair and general hearing within a rational time. The trial must be directed by the liberated and unprejudiced court of law. The African Charter of Human Rights shields the nobility of humans and prevents unfair treatment under Article 5. Article 6 of the same charter also assures separate liberty and safety to a person. The right to a fair trial is promised under Article 7 which embraces several rights like the Right to appeal to adequate jurisdiction, to defence, to be tried and to be assumed decent until proven guilty. Article 14 of the International Convention on Civil and Political Rights (ICCPR) furnishes the right to a fair trial and Article 16 gives a right to acknowledgement before the law. Article 10 of the Universal Declaration of Human Rights (UDHR), promises the right to a fair trial. The precautions related to a fair trial in the International Convention on Civil and Political Rights (ICCPR) are further intended and elaborated than the provisions in UDHR.

Principles of Fair Trial –

1. Presumption of integrity.
2. Unbiased, unprejudiced, equitable and competent judge.
3. Speedy and efficient trial.
4. The trial should be in an open court.
5. Proficiency of allegation on adequate occasions.
6. The trial is to be conducted in the presence of inculpated.
7. Evidence to be taken in presence of inculpated.
8. Cross-examination of prosecution witnesses.
9. Prohibition of vulnerability.
10. Legal help to be provided.

In Hussainara Khatoon v. Home Secretary, State of Bihar¹, the Supreme Court has laid great emphasis on speedy trial of criminal offences, and has emphasised: “It is implicit in the broad sweep and content of article 21.” A fair trial suggests a speedy trial. No strategy can be ‘judicious, fair or just’ unless that procedure establishes a speedy trial for the determination of the sin of such a person.

In Pratap Singh v. the State of Jharkhand², the Supreme Court held that the right to have a fair trial strictly in terms of the Juvenile Justice Act which would include procedural safeguards is a fundamental right of the juvenile.

The advent of Maneka Gandhi v. Union of India³ strengthened the concept more. This is a landmark case of the post-emergency. It exhibits liberal propensities that have affected the Supreme Court in the matter of elucidating fundamental rights, particularly, Article 21. A great evolution has come about in the judicial perspective towards the guardianship of personal liberty after the agonizing experiences of the emergency from 1975 to 1977 when personal liberty had outstretched its nadir, as understandable by the Supreme Court. It performed as a catalytic agent for the evolution of the judicial opinion on Article 21 and has been enduring varied pay-off expansion of Constitutional Law in India.

Article 21 guarantees every person a right to life and personal liberty and uses four decisive expressions, viz., ‘life’, ‘personal liberty, ‘procedure’ and ‘law’.

1. Life: Bhagwati J., has perceived in Francis Coralie v. Delhi⁴, that the right to life comprises the right to live with human dignity and all that goes down with it, namely, the sustained demands of life such as sufficient nutrition, clothing and shelter above their head, reading, writing and expressing oneself in different forms, mobility and mixing and commingling with the contemporary environment.
2. Personal Liberty: M. C. Mehta v. Union of India^5, the Supreme Court commented that the term personal liberty is not cast-off in a myopic sense but has been used in Article 21 as a concise term to incorporate within it all those diversity of rights of a person which go to make up the personal liberty of a man. The liberty of a person has to be stabilized with his responsibilities and obligations towards his comrade citizens.
3. Law: Article 21 also takes in several species of law other than the laws enacted by the legislature. S. M. Sharma v. Shri Krishna Sinha⁶ said that the rules made by a House of the state legislature under Article 208 have been regulated as laying down procedures established by law for purposes of Article 21. Article 21 applies to the area of legislative privileges and, thus, a person cannot be imprisoned for breach of privilege of a legislature accepted following the procedure established by law. Proceedings held before the committee of privileges of a House of the legislature under the rules framed by it in pursuance of article 208 or article 118 are by procedures established by law.
4. Procedure: It is now established after Maneka Gandhi that procedure for reasons of Article 21 has to be reasonable, fair and just. The expression procedure acclaimed by law expands both to substantive as well as procedural law. A course of action not fulfilling the features is no course of action at all in the eyes of Article 21. In Olga Tellis v. Bombay Municipal Corporation⁷, the Supreme Court has again highlighted that the procedure directed by law for the seizure of the right vested by Article 21 must be fair, prejudiced and reasonable. The procedure directed by law for seizing a person of his right to life must abide by the norms of justice and fair play. The procedure which is unjust and biased in situations of a case, allures the voice of unreasonableness, thereby deteriorating the law which highlights that procedure and consequently, the measures taken under it.
5. The onus of proof: The presumption of innocence is a human right. Article 21 given its costly meaning not only protects life and liberty but also envisages a fair process. Similarly, under Article 21, the burden is never on the petitioner to prove that the procedure prescribed by law which deprives him of his life or personal liberty, is unjust, unreasonable or unfair. Bachan Singh is an authority to propose that in cases arising under Article 21 of the Constitution, if it appears that any person is being deprived of his life or his liberty, then the burden of proof establishes the State Constitutional validity of the applicable law.

CONCLUSION

Article 21 visualizes a fair trial, a fair procedure and a fair investigation. Such a right not only entitles the appellant to be informed of their fundamental right and statutory rights, but it is also mandatory on the part of the Special Public Prosecutor to record the necessary material before the judge to show the appeal. Fair investigation and fair trial are closely connected to the preservation of the fundamental rights of the accused under Article 21 of the constitution. Reasonableness would be determined by the facts and conditions of a case and the appraisal by the courts.

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CITATIONS

¹ AIR 1979 SC 1360 : (1980) 1 SCC 81.

² AIR (2005) 3 SCC 551 : AIR 2005 SC 2731.

³ AIR 1975 SC 775 : (1975) 3 SCC 836.

⁴ AIR 1981 SC 746, 753 : (198) 1 SCC 608.

⁵ (2003) 5 SCC 376 : AIR 2003 SC 3496.

⁶ AIR 1959 SC 395, 410-11.

⁷ AIR 198 SC 180, AT 196-197 : (1985) 3 SCC 545.

This article is written by Ashmita Dhumas, who has completed her BA LLB from Agra College and is currently doing a diploma in Corporate Law from Enhelion.

Human Trafficking is the illegal transportation of human beings from one place to another against their will or by use of force or by luring them in under a misconception. It is aimed at the use of a class of persons for forced labour, sexual exploitation and many other activities that benefit in economic terms. It is considered a social problem as it violates the human rights granted to citizens of every nation, it also adds to global health problems, and the organized crime rate. The Act itself is of such heinous nature that it was called ‘Flesh Trade’¹. Victims of human trafficking may suffer for a longer duration of time. The Act itself puts a big question mark on the security of countries.

LAWS RELATED TO HUMAN TRAFFICKING

INDIAN CONSTITUTION

Article 23: Provides that trafficking in human beings, the begar and other forms of forced labour are debarred by the Indian Constitution under this Article and if someone violates this law, he/she shall be punishable by law. The only exception to this rule is that the state can impose obligatory service on its citizens without making any discrimination on grounds of race, caste, religion, class, or gender.

As per the case of People’s Union for Democratic Rights v. Union of India^2, the term forced labour was defined by the court as ‘the labour that one performs against his/her will or the job he/she is doing is not paying the minimum wage to the worker’. The state is bound to protect citizens from heinous offences like this by taking immediate and effective action against it and under Article 35 of the Indian Constitution, the Parliament has the authority to make laws that punish the offender of Article 23. Acts like the Suppression of Immoral Traffic in Women and Girls Act, 1956 and the Abolition of Bonded Labour System Act, 1956.

Article 24: It forbids children below the age of 14 years to be employed in any factory or mine or any other hazardous arrangement for employment. Whereas, employment in non-hazardous industries is permissible.

In pursuance to provide protection under this article, certain Acts were passed by the Government of India:

The Factories Act, 1948: First act to be passed after independence to define the minimum age limit for children who work in factories i.e., 14 years. Later, amended and provided the minimum age of work as 17 years at night.

The Mines Act, 1952: Forbids the employment of children below the age of 18 years in mines.

Bonded Labour System (Abolition) Act, 1976: This act provides for the protection of weaker sections of society economically and physically. Providing the punishment for those who are involved in acts of bonded labour. The government provides compensation to the victims of bonded labour and rehabilitation³.

The Child Labour (Prohibition and Regulation) Act, 1986: This act provides a detailed view of places where children are allowed to work and where not. This act provides a list of 13 places and 57 processes where children are not allowed to work. 

Child Labour (Prohibition and Regulation) Amendment Act, 2016: This act prohibits the employment of persons who have not completed the age of 14 years. Also, a complete ban on persons between the age of 14 and 18 years working in hazardous factories.

Child Labour (Prohibition and Protection) Amendment Rules, 2017: This provides an overview of prevention, protection, rescue, and rehabilitation of children and adolescent workers and also provides fixed working hours and other environment-friendly conditions for working.

IMMORAL TRAFFIC (PREVENTION) ACT, 1956

Section 3: Provides punishment to a person responsible for having a brothel or renting someone a place to be used as a brothel.

Section 4: Punishment for those who are above the age of 18 years and living on the allowances that come through someone being a prostitute.

Section 5: Punishing those who are involved in inciting a person for the sake of prostitution.

Section 6: It punishes the one who detains another person with or without their consent to any brothel or any place that is for prostitution with having an intention that the person who is detained is to have sexual intercourse with any person who is supposedly the spouse of the detained person.

Section 7: Any person who carries out prostitution or the other person with whom the prostitution is carried out is in the proximity of public places including hospitals, clinics, hostels, education institutes, or in any other area i.e., mentioned in provisions of this act is punishable with a term of imprisonment of 3 months.  

Section 8: Luring someone for the purpose of prostitution in first conviction punishable with imprisonment of 6 months and a fine up to Rs. 500. In case of second conviction imprisonment of a year inclusive of fine of Rs. 500.

Section 18: Magistrate has the power to order the immediate closing of a location used as a brothel and located within 200 Meters radar to any public place. The owner is only given 7 days to evict from such a place.

Section 20: Magistrate has the power to order any person who is in the profession of prostitution and residing in any area within the jurisdiction of the concerned Magistrate to be present before the court and show cause why he should be allowed to continue to live in that area.

Section 21: State government may direct and establish enough protective homes and corrective institutions and their maintenance as mentioned under this act. If the procedure is not followed as mentioned in the act, may be liable for punishment.

Section 22A: If the State government believes that cases related to offences mentioned in this act should be decided through speedy trial, it may along with consultation of the state High Court may establish more courts for Judicial Magistrate First Class or Metropolitan Magistrate in any such area.

Section 22B: Irrespective of anything that is mentioned in CrPC state government has authority to direct the trial of any offence mentioned under this act shall be done in a summary way by the magistrate.

Supreme Court passed an order in the case of Gaurav Jain v. Union of India³ that a committee must be constituted for an in-depth study of problems faced by prostitutes, child prostitution, and children of prostitutes and help them through suitable schemes that help in their rehabilitation in society.

INDIAN PENAL CODE, 1860

Section 360: Whosoever he/she may take any person beyond the premises of India without his consent or any other person who is authorized to give consent on behalf of that person is called an offence of kidnapping a person from India.

Section 361: Whoever lures or takes a minor i.e., under the age of 16 years for males and under the age of 18 years for females or any other person who is incapable of giving his consent is stated as kidnap a person from the custody of his lawful guardianship.

Section 362: Any person who got trafficked is also a victim of abduction as the person was forced to move from a place of his/her choice.

Section 363A: Prescribes the punishment for those who kidnap and cripple a person of minor age for purpose of begging.

Section 366A: Provides punishment for any person who entices any minor girl to move from one place to any other place where she may be forced to have sexual intercourse with another person.

Section 370: Punishment for the persons who are involved in the trafficking of human beings and in any other acts related to human trafficking.

Section 372: If any person who sells disposes of, or lets her be hired for the purpose of prostitution any person who is below the age of 18 years shall be liable for imprisonment for up to 10 years with a fine.

Section 373: If any person buys, obtains, or hires any person who is below the age of 18 years shall be liable for imprisonment for up to 10 years with a fine.

GOVERNMENT’S ATTEMPT

The Ministry of Home Affairs of India has introduced a scheme ‘Strengthening Law Enforcement Response in India Against Trafficking’ under the scheme 330 Anti Human Trafficking Units will be established throughout the country and training would be given to up to 10,000 police officers. Funds as the first instalment for the same were released by the government in the year 2010-2011 to all state governments. Around 85 units have already been established all over India.

Ministry of Women and Child Development provides a scheme called ‘Ujjawala’ that provides for measures to be taken for preventing human trafficking, rescue, and rehabilitation of the victims. With the help of funds granted for scheme 101 centres that provide for rehabilitation and can be home to 4056 victims.⁴

CONCLUSION

Supreme Court claimed that when a child is given in adoption, he/she must be treated well and great care must be taken especially in cases of inter-country adoption so that the child must have moral security and must not end up being a product of sale and purchase for the foreign parents⁵. Even after the implementation of many schemes by the government of India still records more than 5,000 registered cases of human trafficking for a year and India comes under Tier 2 in the index of human trafficking meaning a moderate level of crime. While some people do not even register FIR for the offence due to lower rates of successful conviction in the cases.

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CITATIONS

1. Vishal Jeet v. Union of India 1990 AIR 1412.
2. 1982 3 SCC 235.
3. 1997 8 SCC 114.
4. Bandhua Mukti Morcha v. Union of India, 1984 AIR 802.
5. Laxmi Kant Pandey v. Union of India, 1984 2 SCC 244.

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This article is written by Simran Gulia currently pursuing a BA LLB from Maharaja Agrasen Institute of Management Studies.