Tag: legalblogs

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.

---

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.

---

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

Name of the Case

Rural Litigation and Entitlement Kendra & Others v State of Uttar Pradesh

Citation

AIR 1985 S.C. 652, 1985 SCR (3) 169

Year of the Case

1985

Appellant

Rural Litigation & Entitlement Kendra

Respondent

State of Uttar Pradesh

Bench

Justice P.N. Bhagwati
Justice Amerendra Nath
Justice Rangnath Mishra

Acts Involved

Constitution of India, Article 32 and 48A, The Forest (Conservation) Act, 1980, Central Act No. 69, Acts of Parliament, 1980, The Mines Act, 1952.

Overview

This judgment is associated with a previous sentence by the Supreme Court in a similar context. The Apex Court had recognized a writ petition from Rural Litigation and Entitlement Kendra concerning the illicit and unauthorized working of limestone mining in the Mussoorie Hill radius, India. It said that the quarries initiated a peril to a thriving environment and affected the eternal water springs. During the unresolved of the Writ Petitions, the Bench had assigned a committee to analyze the limestone quarries expressed in the Writ Petitions. The Government had also appointed a working batch on the excavation of limestone quarries in the Dehradun-Mussoorie region. On 12th March 1985, the Apex Court consented to a comprehensive order giving several directions and discovering that the particulars of the decision would be embarked in the verdict to trail later. In this decision, although, the court opined that it was not crucial to give any additional reasons which had already been presumed in the decision held by the Bench on 12th March 1985 as the broad grounds had been adequately embarked in that direction.

Facts of the Case

Doon Valley is a division of the Mussoorie hill strings of The Himalayas. The Doon valley region was very prosperous. Various rivers have their origin in Mussoorie hills which made the valley zone ecologically flourish. However, it set off a district for limestone mining and the valley started degrading due to the operation of fulminating, cutting trees, and utmost mining in the 1950s. Limestone mining actions in the Doon valley increased between 1955 and 1965. The action of exploding, for the extraction of minerals, led to a lack of vegetation in the valley. In the 1980s, the valley saw its natural beauty vanishing and experienced floods, high temperatures, landslides, water scarcity, and cropland obliteration.

The State minister of Mines of Uttar Pradesh prohibited mining industries in 1961. However, in 1962, the state government held numerous mining and excavation leases for 20 years and hollowing was happening again. When leases approached for resurrection in 1982, the state prohibited them on the account of ecological destruction. Mining companies expanded despite the decision of the government. Allahabad High Court authorized mining in the Doon valley, evaluating economic benefit over ecological elements. In 1983, a local NGO of Dehradun and RLEK, sent a complaint letter against environmental poverty to the Apex Court. The Supreme Court recorded this complaint under Article 32 as a writ petition. The Court directed the gauging of all current mining actions in the valley. The court also concentrated on the state government-initiated database for the cultivation of the zone.

Issues

1. Whether the Forest Conservation Act, 1980 will be licit in the process of recommencement of leases or not? The leases were resolved to mining industries in 1962 and the Forest Conservation Act was sanctioned in 1980.

2. Whether the mining operations in government forests violated the Forest Conservation Act? The Act prohibited those non-forest operations in forest areas, which do not have the assistance of the central government.

3. Whether environmental conservation should be given priority over the economic help of the country?

Contentions of the Petitioner

1. Environmental demolition in Doon Valley leads to obstruction in the living of citizens, which interrupts their fundamental right to a healthy environment. The right to a healthy environment is under Article 21 of the Constitution, a portion of the Right to Life.

2. Refusal of lease restoration by the public abolished the state’s consent for mining.

3. Forests come under a concurrent list, so authorization of the central government should also be mandatory for mining operations.

Contentions of the Respondent

The Respondents resisted that-

1. The troubling matters should not be evident by the Apex Court, but the administrative constructions of the state under the Environment Protection Act. It should be the affairs of the state’s officials.

2. Respondents asserted that all techniques of mining and quarrying were being moved out by the provisos of the Mines Act of 1952.

3. Mining activities should not be terminated because they are vital in the affairs of the country and the protection of the foreign exchange position of the country.

4. The termination of mines will lead to the redundancy of mine labour.

Judgment

The Central Government had been anxious about the perilous mining activities in the Valley at the aforesaid time when the Apex Court obtained the affair. In 1983, in the Dehradun Valley Litigation file, the Government of India assigned a Working Group to analyze the limestone investigation in the Dehradun-Mussoorie region. D.N. Bhargava, governed both the government’s Working Group and the committee of the court came to aligned conclusions as to the destructive effect of the mines on the surroundings. The Working Group also laid reviews for the court on the restricted mining activities, which were authorized to abide open. In 1986, during the litigation, Parliament sanctioned the Environment Protection Act. Subsequently, the Valley was selected as an organically exquisite portion beneath the Environment Protection Act. Also, the Central Government elected a Doon Valley Board, under the chairmanship of the Minister for Environment, which was entrusted with protecting and restoring contaminated zones of the Valley.

The Supreme Court held that mining in reserved forests in the Dehradun valley violated the Forest Conservation Act. The Forest Conservation Act only prohibited non-forest operations in forest areas that do not have the authorization of the Central Government. Furthermore, regarding ecological integrity and national benefits, the Apex Court was also anxious about the welfare of mine workers and labourers left unpaid by the Dehradun Valley activities. The Court delivered the following:

Mine lessees whose activities were wound-up by the court would be stated as a preference for leases in the new region open to mining. That the eco-task force of the central government, retrieve and reforest the zone vandalized by excavation and that the workers unsettled by mine closure be given preference for jobs with the Eco-Task Force activities in the region.

Concepts Highlighted

The Constitution of India guarantees the privilege of a healthy environment as a fundamental right under Article 21. Industrialization leads to evolution which additionally leads to the deprivation of the environment. The theory of sustainable development has developed over the years that there must be a balance between evolution and ecology. Environmental dishonoring is not right on the pretext of national benefit. According to the socio-economic desires of the nation, administrative and legislative policies for compatible environmental and evolution principles should be intimated. Courts play a very important role in directing the extent of the powers and motives of administrative operations and in evident stability between the environment and evolution.

The necessity of the hour is to maintain an equilibrium between the two. Therefore, the evolution on one edge and pollution permitted environment on the other. The main emphasis should be on the evolution of sustainable living and environmental needs. However, sustainable development is the only way out and administrative measures must follow in accordance therewith.

References

1. The Mines Act, 1952, No. 35, Acts of Parliament, (1992).
2. The Environment (Protection) Act, 1986, No. 29, Acts of Parliament, (1986).
3. Indian Constitution, art 21.

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

CASE NUMBER

Writ Petition (crl.) 208 of 2004

EQUIVALENT CITATION

AIR 2006 SC 2522; (2006) 5 SCC 475; 2006 (56) ACC 234

BENCH

Justice Ashok Bhan & Justice Markandey Katju

DECIDED ON

07 July 2006

RELEVANT ACTS

The Code of Criminal Procedure, 1951; The Indian Constitution, 1950; The Indian Penal Code, 1860

BRIEF FACTS

The petitioner, Lata, is a 27-year woman who was pursuing her Master’s course in Hindi at Lucknow University. Due to the sudden demise of her parents, she had been living with her brother Ajay Pratap Singh at LDA Colony, Kanpur Road, Lucknow where she finished her intermediate in 1997 and graduated in 2000. The petitioner of her own free will left her brother’s house and married Bramha Nand Gupta at Arya Samaj Mandir. The petitioner’s husband had a business in Delhi and there has been a child out of this wedlock.

On 4^th November 2000, a missing person report was lodged at Sarojini Nagar Police Station, Lucknow by the petitioner’s brother. The police arrested the two sisters (Sangita Gupta, and Mamta Gupta), Rakesh Gupta (husband of Mamta Gupta), and the cousin of the petitioner’s husband (Kallu Gupta). It was alleged that Ajay Pratap Singh, Shashi Pratap Singh, and Anand Pratap Singh (brothers of the petitioner) were furious as the petitioner has undergone an inter-caste marriage. It was further alleged by the petitioner that her brothers have attacked the paternal residence of her husband, beaten up her husband’s mother and uncle, and created chaos in their house. It was also stated by the petitioner that they have cut away the harvest crops of the agricultural field of the petitioner’s husband and sold it and forcibly acquired the field. The Gupta helmet shop of the petitioner’s husband was also forcefully possessed by the petitioner’s brothers. It was further stated that they were threatening to kill the petitioner’s family members and also her.

They also filed a police report alleging the kidnapping of the petitioner against her husband and his relatives at Sarojini Nagar Police Station, Lucknow. On 17^th December 2000, Mamta, Sangita, and Rakesh were arrested while Kallu Gupta was arrested on 2^nd December 2000. Though there wasn’t any case instigated against them, their lives were spoiled. The petitioner went to safeguard her spouse and relatives from her brothers’ persecution. She feared for her and her husband’s lives and approached Rajasthan Women Commission, Jaipur. The Commission recorded her statement and sent it to the Superintendent of Police.

The final report was filed in Sarojini Nagar Police station by the SHO before the learned Judicial Magistrate. On 16^th May 2001, the Sessions Judge granted the petitioner’s husband and his relatives, bail on the personal bond mentioning that no offence has been committed by the accused persons. It was observed that neither was there any offence nor the accused involved in the offence. The SP Lucknow informed the National Human Rights Commission that all the accused were being released from jail on 17^th May 2001.

The Investigating Officer has recorded the statement of Lata Singh on 28 May 2001 where, she stated that she has married Bramha Nand Gupta at her own will and she was not coerced or forced to do so and also, she was provided with armed security. The petitioner’s statement was recorded under Section 164 of Cr.P.C. Despite her statement, the Chief Judicial Magistrate passed a committal order on 15^th October 2001, ignoring the fact that the final report had already been filed by the police. A protest petition was filed against the final report alleging that the petitioner was mentally unfit. On being medically examined by the Board of Doctors of Psychiatric Centre, Jaipur, it was found that the petitioner was not suffering from any sort of mental illness.

The Fast Track Court, Lucknow, issued non-bailable warrants against all four accused, and the accused filed a petition under Section 482 Cr.P.C. in the Allahabad High Court (Lucknow Bench), which was registered as Crl. Misc. No. 520/2003. The High Court ordered the accused to appear before the Sessions Judge, who would determine if an offense was committed. It was alleged by the petitioner that there is a threat to her life. It was further stated by her that there has been irreplaceable damage to her and her husband’s family because of her brothers who had a problem with an inter-caste marriage.

ISSUE

Whether the writ petition under Article 32 of the Constitution of India filed with the prayer to issue a writ of certiorari and /or mandamus to quash the Sessions Trial No. 1201 of 2001 under Sections 366 and 368 of the Indian Penal Code arising out of FIR No. 336 of 2000 registered, maintainable?

JUDGMENT

The Hon’ble Supreme Court allowed the writ petition under Article 32 of the Indian Constitution and the Sessions Trial No. 1201 of 2001 under Sections 366 and 368 of the Indian Penal Code arising out of FIR No. 336 of 2000 was quashed. It was further stated by the court to the police to take action against anyone who threatens or harasses or performs any violence against the petitioner or the petitioner’s husband or relatives of the petitioner’s husband in accordance with the law. It was observed by the court that the Hindu Marriage Act does not constrain anyone from carrying out an inter-caste marriage. In light of the petition’s claims, the criminal procedure was ordered by the High Court to be launched immediately against the petitioner’s brothers and others involved.

CONCLUSION

The case of Lata Singh v. State of Uttar Pradesh & Anr is a landmark judgment that has clarified the validity of inter-caste marriages. It can be observed from the court’s decision that any person who is a major has a right to choose the partner of their choice. It can be further considered to be a part of Article 21 of the Indian Constitution. The act of violence caused by the family members due to the inter-caste or different religion marriage is considered to be a barbaric practice which is unjust as it would be a curtailment of the fundamental right of a person because of some people’s feudal mindsets.

The court further opinionated that a family having a problem with such marriages can stop maintaining social relations with the couple and leave them but they do not have the authority to instigate violence against the married couple for that.  The court stated “In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major, he or she can marry whosoever he/she likes.”

India’s deep-rooted casteism and religionism are obstacles to a progressive nation. It is important to protect the interests of the youth who are carrying out inter-caste or different religion marriages as they pave the way to discard the toxic discrimination present within India. This landmark judgment has clarified that the Hindu Marriage Act does not prohibit inter-caste marriage and it has made it clear that major women marrying outside their caste is not wrong or prohibited by the law.

This article is written by K. Mihira Chakravarthy, 2^nd year B.A. L.L.B. student from Damodaram Sanjivayya National Law University (DSNLU).

Introduction

We are living in the 21st century, in the era of developing thoughts and new cultures, with the people having new and old traditions which makes us a member of society. Someone or the entire society may feel uneasy when someone presents themselves or their job in an unusual way. But does the action offend someone or is it merely a novel or original way for the author to express themselves or their work? Because of these divergent points of view, the term “obscenity” is ambiguous, making it difficult to distinguish between what is and is not offensive. The Latin word obscene, which means “offensive,” especially when modest, is where the word “obscene” originates. Obscene, which according to the Oxford dictionary is “offensive or unpleasant by accepted standards of morality and decency,” seems to be a straightforward word with a straightforward definition.

Tests of obscenity

According to established moral and decency norms, the Oxford Dictionary defines obscene as “offensive or repulsive.” There are mainly three tests to check the content or whether any art or gesture is obscene or not.

Miller test

As a result of the Miller v. California ruling by the US Supreme Court, the United States of America uses the renowned Miller test (1973). Due to online obscenity cases, this test had difficulties. In this instance, Melvin Miller sent five suspicious brochures to the restaurant’s manager via mail. In one instance, Melvin Miller sent the restaurant’s management five suspicious flyers that prominently featured pictures of men and women engaging in various sex acts.

There are three parts to the Miller test. They are:

• The average person, enforcing the contemporary community standards, would find that work, taken as a whole, appeals to the prurient interest.
• Whether the work depicts or describes, in a patently offensive way, sexual conduct is specially defined by the applicable state law.
• The work, taken as a whole, is short of serious literary, artistic, political, or scientific value.

Hicklin test

This test is a legal test for obscenity that came from the English case Regina v. Hicklin (1868). The case was based on the interpretation of the word “obscene”. Henry Scott resold copies of anti-Catholic leaflets in this test, which is quite lenient. Hicklin held that Scott’s purpose had not been to corrupt public morals but they expose the major issues related to the Catholic Church, so Scott’s intention was innocent. The Supreme Court used the Victorian-era Hicklin test in its famous decision in Ranjit Udeshi v. the State of Maharashtra (1964). The test assessed obscenity by the standard of an individual who was open to immoral influences and would likely be corrupted or depraved by the material in question.

Community standards test

This test was applied in India. According to the Community Standards Test, a gesture or piece of content is only offensive if the overall dominating theme is anti-modern.

The Indian Penal Code 1860

Section 292 Sale of pornographic materials, etc.

1. For sub-section (2), a book, pamphlet, paper, writing, drawing, painting representation, figure, or any other object, shall be deemed to be obscene if it is lascivious or appeals to be so, if its effect, or the effect of any one of its items, is particularly repulsive, is if taken as a whole, such that it tends to corrupt and deprave whoever:
2. sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, reduces, or has possessed any pornographic literature, pamphlets, papers, artwork, drawings, paintings, representations, or figures, or any other pornographic material; or
3. imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed, shown in public, or otherwise put into circulation, or
4. takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any made, produced, bought, kept, transferred, displayed publicly, or otherwise put into circulation for the aforementioned purposes, or
5. advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offense under this section, or that any such offensive item can be obtained from or through any individual, or
6. offers or attempts to do any act which is an offense under this section, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, with imprisonment of either description for a time that may last up to five years.

Section 293 Sale, etc., of obscene objects to a young person.

Anyone who sells, rents, distributes, exposes, or circulates any of the pornographic items mentioned in the last section to anyone under the age of twenty, or who offers or attempts to restrict the sale and publication of pornographic books, pamphlets, and other materials that are considered to be “lascivious” will be punished on first conviction by imprisonment of either description for a term that may not exceed three years and by a fine that may not exceed two thousand rupees; on second or subsequent conviction, by imprisonment of either description for a term that may not exceed two years and by a fine that may not exceed two thousand rupees.

Section 294 Obscene acts and songs.

Whoever, to the annoyance of others:

1. does any obscene act in any public place, or
2. sings, recites, or utters any obscene song, ballad, or words, in or near any public place, shall be punished with imprisonment of either description for a term which may increase to three months, pay a fine, or pay both.
3. The terrible gang rape and murder of victim Jyoti Singh, often known as the Nirbhaya case, prompted the addition of Section 354D to the IPC by the Criminal Law Amendment Act of 2013. It includes keeping an eye on a woman’s online activities, such as her email or other correspondence. Consequently, gathering images of women from their social media profiles would fall within the purview of this section. If found guilty, the offender would be sentenced to three years in prison and pay a fine.

Obscenity in India

Model and actor Milind Soman was booked by the Goa Police for obscenity, days after he posted a photograph of himself running nude on a beach in the state. He is not the only famous person having issues with the Goa Police this week for “obscenity” – actor Poonam Pandey and her husband were detained for a contentious photo shoot, a clip of which went viral online.

What about freedom of expression?

Freedom of speech and expression is not unqualifiedly guaranteed. Article 19 of the Constitution of India, which guarantees the right also provides for reasonable restrictions on various grounds, including that decency and morality. This means that free speech must be assessed against the moral standards of the contemporary community when it comes to prosecuting obscene conduct or content.

As Section 81 of the IT Act expressly provides, any offense involving obscenity in electronic form may be tried under that law rather than the IPC.

Information Technology (Amendment) Act, 2008

Section 67(A) Punishment for publishing or transmitting material containing the sexually explicit act, etc., in electronic form. -Whoever publishes or causes to be published in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with either type of prison time that may last up to seven years as well as a fine that may amount to ten lakh rupees.

Can consent be used as a defense? 

Sharing pornographic images in a WhatsApp group may subject the sender to legal action under Section 67 and Section 67A of the IT Act. By Section 354A of the IPC, showing someone pornography is a form of sexual harassment. Nude photos cannot be shared, even with the recipient’s approval. The sender is not permitted to raise it in opposition.

Related case laws

Suhas Katti v. State of Tamil Nadu

It was the first significant case involving cybercrime in Indian history. A divorced woman who used to receive unwelcome sexually graphic images and communications from a man filed the lawsuit. He was keenly interested in marrying her. Through a fake email address set up to annoy the victim, he frequently sent her offensive messages and pictures. The police investigated the incident after the victim reported it and made guilty an arrest. It was later discovered that the man was a relative of the woman and began harassing her after she turned down his marriage proposal. The culprit was found under Sections 67 of the IT Act as well as Sections 469 and 509 of the IPC. The perpetrator was imprisoned in the main prison and given a fine payment requirement.

What do obscenity laws say about Ranveer Singh, who was arrested for uploading nude photos?

The Mumbai Police have filed a case against Bollywood actor Ranveer Singh under the pertinent sections of the Indian Penal Code in the wake of the continuing controversy surrounding the actor’s uploading of nude photos on his Instagram account (IPC). The actor had recently modeled for a nude photo shoot for the Paper magazine

Sections 292, and 294 of the IPC, as well as sections 509 and 67(A) of the Information Technology (IT) Act, have all been used to charge Ranveer Singh with obscenity. Young individuals wanting to get into the sector are being urged by him to follow similar paths to success and wealth.

What does Indian law say about obscenity?

According to Section 294 of the Indian Penal Code, it is unlawful to engage in or utter anything defamatory in public (IPC). For an obscenity to be considered a crime under the IPC, it must “annoy others.” For breaking this law, the maximum punishment is three months in jail. Under Section 292, indecent literature is subject to similar penalties. The section specifically outlaws the sale, display, and distribution of “obscene” content and spells out the consequences for breaking it.

Anyone who sells or wants to sell, permits to hire, distributes, shows, or circulates any such offensive object to a person under the age of 20 would be subject to punishment, according to the law’s Section 293 (Sale, etc., of Obscene Objects to Young Persons). A fine of up to two thousand rupees and a term of imprisonment of either kind that may last up to three years; for a subsequent offense, a term of imprisonment of either kind that may last up to seven years and a fine of up to five thousand rupees.

By using words, gestures, objects, or making noises or actions with the goal that they are heard, seen, or perceived by a woman, by Section 509, a woman’s privacy may be purposefully infringed (word, gesture, or act intended to insult the modesty of a woman). A year in jail, a fine, or both are possible penalties for violators. The laws governing obscenity have altered as a result of the growth of the Internet and social media. The Information Technology Act’s Section 67 may be used to bring legal action against anyone who sends or uploads objectionable content online. However, the phrases “obscene” and “obscenity” are not specifically defined in Indian law.

Conclusion

One of the words in our Indian laws with ambiguous or unclear connotations is ‘obscenity’. Obscenity’s definition does shift from time to time. What is offensive today may not be considered offensive in the future. The proper level of obscenity in movies, web series, the arts, visuals, and literature has not yet been established in our nation, which makes it too vital to address at this time. The conflict between the various cultures and religions that make up our nation is inevitable. Because these are significant issues that could damage the feelings of particular individuals or communities; artists should not be prevented from expressing their opinions when they touch on these types of issues connected to someone’s culture or religion. All literary, artistic, and other creations do not incite hatred in people.

References

1. What does it mean when someone is obscene?, https://www.merriam-webster.com/dictionary/obscene
2. Ranjit D. Udeshi v. State of Maharashtra, 1965 AIR 881, 1965 SCR (1) 65.
3. Suhas Katti v. State of Tamil Nadu, C No. 4680 of 2004.

This article is written by Kanika Arora, from Delhi Metropolitan Education (Affiliated to GGSIPU).

India is home to a billion people, from various sections of society. People from all social classes are granted the same, equal status as a citizen of India without any prejudice, yet even in the 21st Century, we get to see violence towards women and the LGBTQ community. This research paper focuses on these issues of violence in India, and legislations that are doing their parts to ease those issues.

Domestic Violence in India

Within the Indian subcontinent, women were and still are victims of all forms of exploitation. Criminal, domestic, and social violence are all forms of violence against women. Rape, murder, female foeticide, and kidnapping are examples of criminal violence. Dowry deaths and sexual assault are all examples of domestic violence. Eve-teasing and inheritance rules that favor men are other forms of social violence.

According to the National Crime Records Bureau, 33,356 rape cases were registered across India in 2018. Many of these cases include a rapist who is well-known to the victim. Furthermore, these figures conceal the substantial number of rapes that go unreported by the victim. Violence against women is becoming more difficult to negotiate in the sanctity of marriage as marital rape is not a crime in India, according to the constitution.

Crimes against the LGBTQ+ Community

India ranks 84 out of 203 countries on the list of countries with the most hate crimes against the Pride Community and the LGBTQ+ movement. The daily struggles of having to endure assault and public humiliation at the hands of one’s own family and friends just for being themselves are still on the rise in India as the ranking slipped down two places since 2020. The decriminalization of Article 377 had little to no impact on Indian society since homophobia persists in almost all cultures in India.

We hear all kinds of ‘foul and based’ statements by people about boys being Gay just for wearing clothes that even have a slight ‘feminine’ appearance or blatantly calling girls ‘Lesbians’ or sometimes even slurs for being ‘a little too friendly’ with their friends of the same gender. The Supreme Court can only change laws, not the people’s minds. Due to the unavailability of proper education on understanding the pride community among the Indian masses, many people still consider that even supporting the LGBT let alone being from the LGBT+ community is a mental disease or addiction. This is seen with many parents sending their children who come out to be among the LGBT+ genders, to Drug Addiction Centers or to Conversion Therapy to make them ‘normal’ again.

Cases of teen suicide due to being sent for illegal conversion therapy at drug addiction centers are on a rise. Anjana Hareesh a 21-year-old came out to her family as a queer person. In a Facebook Live video on 13^th March 2020, she claimed that after learning of her admission, her parents were forced to enroll her in a “de-addiction center,” where she received a severe course of medication (which is illegal conversion therapy). The staff there slapped her when she tried to resist. Hareesh was later discovered hanging from a tree at a resort in Goa, exactly two months since posting the video. Gargi Harithakam, Anjana’s friend, claimed that she did not suffer from a drug or alcohol addiction as she was her roommate and a close friend.

Legality & Legal Precedents

The Indian Government has implemented various legislations to prevent and punish those who commit Domestic Violence, as well as laws that complement women’s health. Following are a few of the laws that benefit women in India.

• Protection of Women from Domestic Violence Act, 2005: Domestic violence is defined as any act that causes physical, emotional, sexual, or economic injury to the victim’s life, limb, health, or safety. It is a form of coercion in which one person exerts control over another by threatening the victim, depriving them of their property, physically harming them, and sexually abusing them. The abuser might harm the victim in a variety of ways. Domestic violence, for example, occurs when a woman is starved for three days by her husband.
• In terms of their extended reach and the extent to which they defy heteronormative patriarchal views of family and a woman’s “natural” role within it, the Act’s provisions are undeniably introducing rights into the house. According to the Act, domestic violence now includes violence in all forms of interpersonal relationships, including abuse in a woman’s natal home and partnerships in the “kind of marriage.”
• The Act analyses the frequency of violence against elder women, in addition to child abuse. By allowing women the right to reside in shared households irrespective of who owns the property, the Act expands the scope of the remedy. The Act categorizes males as perpetrators and women as victims, as well as sets a deadline for cases to be addressed.
• If a woman thinks she has been the victim of abuse by the offender or another person, she can file a complaint on her behalf. A child is also legally protected under the Domestic Violence Act. The parent of such a child can petition on behalf of her minor child.
• In the case of Dr. NG Dastane v. Mrs. S Dastane, the Supreme Court decided that the bedrock of a sound marriage is tolerance, adaptability, and respect for one another. In the case of Vinita Saxena v. Pankaj Pandit, the court ruled that each situation is unique and must be judged accordingly. As a result, the proper use and execution of any special legislation are dependent on the judge in question.
• Special laws can get lost in the shuffle of general legislation and end up going off the rails. As a result, it is up to a judge to prioritize the legislative aim as well as victim justice to serve as a deterrent to the perpetrating accused and society.
• From Right to Equality to complete Decriminalization; In the mid-2000’s the LGBT movement took a kickstart in India. Although it was a crime to engage in consensual sexual relationships of any kind other than between a man and a woman, the courts did allow people to voice their opinion in favour of the LGBTQ+ community. In the case of Naz Foundation v. Government of NCT of Delhi, the Delhi High Court stated that Article 14 of the Constitution protects consensual homosexual relationships and behaviour, and that criminalizing it will be a violation of the Right to Equality.
• The Supreme Court in the 2009 Delhi High Court Judgement of Suresh Kumar Kaushal v. Naz Foundation, in 2013 stated that with changing times, laws and society’s thinking change. Pointing to the fact that homosexuality was not accepted a few decades ago but is now widely accepted in many parts of the world, the apex court also stated that prior to the British colonial rule, homosexuality was prevalent in India, which can be seen from the statues, paintings, and murals on ancient temples and structures in India.
• It was not before 2018 that homosexuality was truly and completely decriminalized in India in the case of Navtej Singh Johar v. Union of India.

Government initiatives

1. National Database of Sexual Offenders; This is a database that was influenced by the Department of Justice National Sex Offender Website. Although, the list of the United States is available to be viewed publicly, in India only law enforcement officers can view it. Only law enforcement agencies will have access to the database, which will be kept by the National Crime Records Bureau under the Ministry of Home Affairs.
2. It will contain the names, pictures, home addresses, fingerprints, DNA samples, and PAN and Aadhaar numbers of those who have been found guilty of sexual offences. Based on information gathered from prisons around the nation, the database would include details of both first-time and habitual offenders for more than 4.5 lakh instances.
3. It will only contain information on those who are at least 18 years old. The name will be added to the registry each time a convict’s information is submitted to a jail.
4. State jails will be required to update appeals against convictions, and an accused person can be followed up until an appeal result in an exoneration.
5. One Stop Center Scheme; One Stop Center is a Ministry of Women and Child Development (MWCD) initiative that receives central funding to address the issue of violence against women. It is a part of the National Mission for Women’s Empowerment umbrella programme, which also includes the Indira Gandhi Mattritav Sahyaog Yojana. There will be one-stop centres set up all around the nation to offer comprehensive support and help to women who have experienced violence in both private and public settings under one umbrella.
6. Funding: The Nirbhaya Fund is used to finance the programme, and the state and union territory administrations receive full financial support from the federal government.
7. Auditing: Audits will be carried out as per the Comptroller and Auditor General of India’s standards, and civil society organizations will also conduct social audits.
8. Services: Women’s helplines and one-stop centres will work together to offer the following services: services for emergency response and rescue, providing medical care, aiding females in filing the First Information Report, psychological and counseling services, legal representation, advice, Shelter, a video conferencing system.
9. Privately-Run LGBTQ+ Suicide Helplines; With an increase in teenage LGBTQ+ suicide over the past few years, private organizations have been formed that are providing mental health care to people who identify with the LGBTQ+ community.
10. Organizations like Naz Foundations, Smiling Rainbow are among the few with helplines to care of LGBT issues in India. SAHAAY is among the very few organizations with its own toll-free LGBTQ+ suicide helpline number.
11. Organizations like these assist the upcoming generation to keep fighting instead of giving in to the pressure created by the small-minded people who try to suppress the Right of Equality and Freedom of Expression of homosexuals.

Data Analysis & Interpretation for Domestic Violence

Research conducted by The Wire showed the number of cases made under Section 498A of the Indian Penal Code, often known as ‘Cruelty by Husband or His Relatives,’ by the number of women in lakhs. The said the research was done to interpret the scope of domestic violence among women between 18 and 49 years of age.

When these figures are compared to the percentage of women who have complained about Section 498A of the India Penal Code, we see that domestic violence incidences are under-reported in 14 of the 20 states, or 70%. In Lakshadweep and Nagaland, Section 498A reporting is as low as 0, despite NFHS-5 figures indicating otherwise.

Domestic violence appears to be under-reported the most in Bihar, Karnataka, and Manipur, where the frequency of domestic abuse is around 40% or higher while incidence is less than 8%. Case files in Assam, Andhra Pradesh, Kerala, Telangana, Tripura, and West Bengal are greater than self-reported domestic abuse incidents.

Conclusion

Domestic violence can be controlled, but it will take a longer time to do so because India has extremely dynamic geographical landscapes and cultures, as well as diverse social norms, and connecting to a billion people is more challenging than locating a needle in a haystack. The community should pick ideal spouses that will not only act as role models for those other spouses but also educate other families in society on how to resolve conflicts in a nonviolent and courteous manner. Bringing domestic violence issues into the mainstream and altering social standards that emphasize civil behaviour can assist create an environment that supports behavioural change. On the other hand, the LGBTQ+ issues of violence and discrimination are still at a peak in India.

As stated before, the Supreme Court can only change laws, not people’s minds. Until a mass, national-level, mental block clearing initiative is created to educate the people about the LGBTQ+ community, there is no scope of ending homophobia in India anytime soon. Lessons on human reproduction are introduced in 8^th-grade biology in the Indian Education Boards, introducing chapters on gender identity and sexuality in 8^th grade can be the first step in expanding the scope of LGBT acceptance, as the age bracket of 12-14 is the onset of puberty and are also the stages of advanced development of the teen mind.

References

1. S. Payal, The Wire. Decoding the Decoding the Extent to Which Domestic Violence Is Under-Reported in India. February, 2021. https://thewire.in/women/domestic-violence-india-underreported
2. The Protection of Women from Domestic Violence Act, 2005.
3. Seth P., Decoding the extent to which Domestic Violence is Under-reported in India, The Wire, February 2021, https://thewire.in/women/domestic-violence-india-underreported
4. Dr. NG Dastane v. Mrs. S Dastane, 1975 AIR 1534.
5. Naz Foundation v. Government of NCT of Delhi, 160 Delhi Law Times 277.
6. Suresh Kumar Kaushal v. Government of NCT of Delhi, Civil Appeal 10972 of 2013.
7. Navtej Singh Johar v. Union of India, AIR 2018 SC 4321.
8. Vinita Saxena v. Pankaj Pandit, 17 (2003) DLT 44.

This article is written by Namay Khanna, a 3^rd year BBA LLB (Hons.) student at Symbiosis Law School, Pune.

INTRODUCTION

The global crime rate increases day by day at a highly accelerated rate. Criminology is a science based on the understanding of crime, policy and social justice. In the sense of applying theoretical knowledge to practical experience, it strengthens the work of law in practical lives. Criminology examines various fields like the behaviour of people who commit the crime, reasons why people commit a crime, the effect of crime on society and methods to prevent crime. The main goal of criminology is to find the cause of committing the crimes and the ways to prevent them. It examines the deviant behaviour of individuals who commit a crime and the impact on society at large.

Mostly crime is considered to be man dominant area in our society. Women are considered to be of a polite and spiritual character and they are considered to be the foundations of a family. Feminist criminology developed as a school in criminology because the major criminology theories were for men. It is a study mainly that focuses on women offenders, women victims and the impact of female criminality in society. Feminist criminology includes how women are ignored and stereotyped in criminology. Women committing murder, robbery, theft, and dacoity are easily escaped by the laws protecting them. Women committing the crime are generally stereotyped as mentally unstable. Claire M. Renzetti is the first person who brought the concept of feminist criminology¹ where the author mentions the development of criminology and examines the diversity of feminism.

BRANCHES OF FEMINIST CRIMINOLOGY

Liberal feminism concentrates more on political rights and equality. Liberal feminists’ main aim was gender equality in the field of education, workspace, marriages etc. Their main aim was that women should not be dependent on men for their living, they should also provide for their families. They also support reproductive rights such as abortion rights and strive towards ending sexual harassment against women. This increased the opportunities for women in society. As the women tend to go out for full-time jobs and not be dependent on men, they too might end up committing crimes.

Radical feminism does not oppose men, it opposes the system of patriarchy. It raised the consciousness regarding women’s suppression and it focuses on sexuality. They view male power as the cause of all problems. They argue that men tend to control women, and there are more female victims of male violence. Men always desire to control women and women being oppressed tend to commit crimes so that they can be relieved from the male dominant society.

Marxist feminism tends to argue about economic stability. Economic relation brings gender inequality where men are paid more comparative than women. Women are prevented from participating in all aspects of society as they are controlled by men as well as capital. Crime against women is common in capitalist society as higher economic imbalance creates higher gender inequality that causes violence against women.

Socialistic feminism correlates the relation between class and gender. It mainly draws many concepts of Marxist feminism where crimes against women happen not due to patriarchy but the economic dependence on men. There is discrimination against women in the workspace.

Postmodern feminism mainly focuses on the de-stabilisation of patriarchal norms and living in a gender-neutral society so that the male dominance in the society will be lesser and crimes against women will also decrease.

Ecofeminism is another branch of criminology where it is stated that women have a special biological and spiritual relationship. Like the exploitation of nature, women are exploited by men. A line of defence is also set up as against the domination of men on the planet².

THEORIES ON FEMINIST CRIMINOLOGY

Many stereotypical theories like Sigmund Freud’s Theory suggest that women commit crimes due to penis envy and they thought that they were not equal to men so they started committing crimes he said that female crime is just like longing for a penis. In Strain theory³, it was stated that most people try to achieve their goals but in order to achieve their goals faster, they tend to commit crimes. Feminists rejected this theory because women were not as financially independent as men to have their own goals and they commit far lesser crimes than men.

In societal disorganization theory, due to environmental circumstances or due to some cultures and depending upon who lives where; this was not accepted by feminists as it was stated that women under the control of men tend to commit fewer crimes. Control theories⁴ are not widely accepted because they focus on the class to which people belong and their tendency to commit the crime by including factors like attachment, educational commitment, academic involvement and social rules.

IMPACT OF FEMINIST CRIMINOLOGY

Neglecting female offenders, it is generally assumed that men are only the offenders. It is considered a tradition that women are soft and they do not commit any crimes. Women who challenge the patriarchal gender role structure are viewed as unruly women worthy of punishment. As far as the treatment of females within the criminal justice system is concerned, females should not be given lenient sentences as compared to that men when both people are involved in the same crime, just because she is a female.

The Justice system always refers that women are always society-centric and they have lots of responsibilities in the family as well as in society as a whole. So, women are given lesser punishment than men. Feminist criminology asks why women are supposed to be a victim every time & are supposed to commit fewer crimes than men just on the basis of their gender. According to a WHO⁵ report, 30% of women experience physical or sexual violence at some point in their lives and these violent acts are done by their intimate partner. Feminist criminology makes us think from different perspectives and makes us connect our ideas and help us to conclude a better solution in solving these problems.

FEMINIST CRIMINOLOGY IN THE 21^st CENTURY

There is a huge acceptance of feminist criminology nowadays. There can be lots of research and challenges that can be taken up in this field. The criminal justice system thinks differently about female offenders in the 21^st century where there are several concepts and angles to perceive female offenders. Feminist criminology focuses on the concept that why men and women differ in the path of crime using sex as a control variable; they determine the factors conducting much research that predicts female criminality. This is still needed in the 21^st century because empowering people is the most important and many people are still not aware of many crimes.

Feminist criminology also forms a global perspective and they study across the world regarding this subject. The focus on crime against women is an international issue faced by all women around the world. Abuse of women like child marriages, cheap labour and some traditional practices like female genital mutilation is the focus area in which feminist criminology must conduct further studies. Criminal justice policies are not the same across the world where women are severely punished for violating gender norms, they are often treated as offenders rather than victims too in some aspects.

CONCLUSION

Feminist Criminology is constantly developing and it has undergone various amount of changes. Though still people lack awareness of the feminist criminology concept, there are still places where women are punished for violating gender norms. There are only certain theories and limited publishments in journals regarding feminist criminology. Violence against women is not considered to be a new phenomenon. The study regarding feminist criminology is not explored in depth. The ideas of women thinking about social roles, ideas, and gender norms can also be brought here. Gender-based issues in the criminal justice delivery system can also be given a much wider discussion. Feminist criminologists can look upon the hindrances in achieving their goals so that they can help female offenders and victims to get a better justice delivery.

CITATIONS

1. 1^st Edition Routledge Bo.                                                         
2. LANE, P. (1998). Ecofeminism Meets Criminology. Theoretical Criminology, 2(2), 235–248.
3. Merton Strain theory of Deviance 1938.
4. Hirschi’s social bond theory.
5. Global and Regional estimates of violence against women, WHO Report, https://apps.who.int/iris/bitstream/handle/10665/85239/9789241564625_eng.pdf;jsessionid=A79DF84C464E0F3B278B3A87C6F44407?sequence=1.

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

CITATION

BLAPL No. 4592 OF 2020

BENCH

Justice S.K. Panigrahi

DECIDED ON

23.11.2020

RELEVANT ACTS

The Information Technology Act, 2000; the Constitution of India, 1950; and the Indian Penal Code, 1860.

BRIEF FACTS

The case’s factual matrix is that both the informant and the petitioner were in love with each other and were village mates along with classmates. Once, when the informant was alone at home, the petitioner took the advantage of the situation and went to her home and raped her, and recorded the heinous crime on his phone. After that, the petitioner blackmailed the informant that if she tries to tell to her parents then, he will kill her and would viral all the photos and videos of the petitioner on the social media account. The petitioner took advantage of the informant’s situation and maintained sexual relations with her. When the informant made her parents aware of the gruesome acts of the petitioner, he created a fake account of the victim and uploaded all the videos and photos on the account with the objective of traumatizing her. When the FIR was lodged, the police were unable to take any satisfactory measures on the said complaint which resulted in portraying the unsoundness of the system.

The learned counsel appearing on behalf of the petitioner contended that since the accused and victim are both adults, they are the best people to decide what is right or wrong. He asserts that the petitioner has an ITI diploma and is looking for employment, therefore his imprisonment will harm his career. He added that the petitioner is sincerely interested in getting married to the victim girl.

The learned counsel appearing on behalf of the informant contended that not only had the petitioner coercively engaged in sexual activity with the victim girl, but he had also cunningly recorded the private encounter and posted it to a fake Facebook account he set up in the victim girl’s name. Since the accused/petitioner is specifically accused of engaging in forced sexual activity against the victim’s will, the claim is quite serious. He further asserts that the case’s inquiry is still ongoing. The petitioner committed significant crimes, according to the entirety of the FIR’s allegations, the statement made under Section 161 of the Cr.P.C.¹ and other documents found in the records. At last, he contended that the victim has suffered grave mental trauma because of the tactics used by the accused.

ISSUES

Whether the victim’s rights, particularly her right to privacy, which is closely linked to her right to have those unpleasant photos erased, remained unanswered even though the Act stipulates criminal sanctions for those who commit such offences?

JUDGEMENT

The court held that although the impact of crime on the victim may vary significantly for the person(s) and case(s), the Indian criminal justice system is more of a sentence-oriented system with little emphasis on the disgorgement of victim’s loss and suffering. For some, the impact of crime is short and intense, while for others it is long-lasting. However, a lot of victims find the criminal justice system to be daunting, perplexing, and complex. Many people are unsure about how to get assistance. As in the present instance, the victim’s rights to have those submitted photographs and videos removed from Facebook’s servers are still unresolved due to a lack of suitable legislation. The court further added that without a woman’s permission, allowing such offensive images and videos to remain on a social media platform is an outright violation of a woman’s modesty and, more importantly, her right to privacy. In such situations, either the victim or the prosecution may, if so advised, seek the proper orders to safeguard the victim’s fundamental right to privacy by having the offensive posts removed from the public platform, regardless of the current criminal procedure.

CONCLUSION

The Court relied on cases decided in the European Union to examine the right to be forgotten issue. The General Data Protection Regulation (GDPR), which regulates the collection, use, and disposal of personal data, refers to the right to be forgotten. In accordance with Article-17 of the GDPR, Recitals 65 and 66, and if the controller has exercised due care, the victim has the right to have such information promptly deleted. Additionally, data controllers must make all necessary efforts to ensure that inaccurate data is deleted or updated as quickly as feasible in accordance with Article 5 of the GDPR. The victim cannot be expected to appear in court each time erroneous data or information is found, the Court noted, especially when the data is within the control of data controllers like Facebook, Twitter, or other social networking sites.

---

CITATIONS

1. The Code of Criminal Procedure 1908, sec 161.

This article is written by Prerna Pahwa, a student at Vivekananda Institute of Professional Studies, New Delhi.

INTRODUCTION

The world is undergoing significant changes and developments right now, particularly in the commercial sector, which has seen the establishment of numerous industries, companies, and organizations. In order to raise their concerns or demand any kind of adjustment in their respective company or industry, employers must have some kind of process or activity available to the employees. Strikes and lockouts serve this exact purpose. This status or power imbued by the employer may result in specific issues or points of conflict with the employee or worker. While strikes and lockouts are the most common or well-known methods used by workers, they are not the only options accessible to them. Strikes and lockouts can be seen as a weapon that employees have against their employers.

INDUSTRIAL DISPUTES ACT, 1947

The Industrial Disputes Act, which went into effect on April 1, 1947, gave the right to strike, legal protection in India. Employer & Workmen Conflicts Act, 1869, Trade Disputes Act, 1929, and Rule 81A of the Defence of India Rules were India’s first industrial disputes laws before the Industrial Disputes Act, 1947.

Experiences with the Employer & Workmen Disputes Act of 1869 show that this law was largely in the workers’ favour. A special provision for strikes was included in the Trade Disputes Act of 1929, however, due to strike-related issues and ongoing disputes, this legislation was unable to bring about peace in the industries. During the Second World War, Rule 81A of the defence rule was introduced to further combat this. The Industrial Disputes Act of 1947 was created to resolve disputes in industries after World War II. The entirety of India is included in its scope of application. It applies to active industries, not to dormant ones.

STANDARD VACUUM OIL COMPANY OF MADRAS v. GUNASEELAM

The case’s facts are as follows: in the present, a group of employees from a particular company wanted to take a day off to celebrate “May Day.” Since they were choosing to take a day off, the group of employees was even willing to make up for the company’s losses for the day of “May Day” by working extra hours and thus, asked their employer to declare it a holiday.

However, the workers’ demands and cries for help were all met with a stone wall. As a result, the workers purposefully requested time off because their employer had forgotten to designate May Day as a holiday. Employees’ requests for unscheduled leave were ruled not to constitute a strike because there was no “cessation of work” or organized refusal to work.

UNDERSTANDING STRIKES

A strike is a potent tool used by trade unions, other organizations, or workers to express their demands or complaints against employers or industry management. In a different sense, it is the interruption of labour brought on by widespread protests. By refusing to report to work until their demands have been met, employees put pressure on their employers. Strikes may benefit the welfare of the workforce or they may result in economic losses for the nation.

VARIOUS TYPES OF STRIKES

Based on the global phenomenon of strikes, several types of strikes have been experienced, including economic strikes, sympathy strikes, general strikes, sit-down strikes, slow-motion strikes, hunger strikes, and wildcat strikes.

• Economic Strike: This type of strike is brought on by demands for increased wages and benefits including bonus payments, housing rent allowances, and transportation allowances.
• Sympathy Strikes: During these strikes, unions or employees in one industry join strikes that have already been supported by other unions or employees.
• General strikes are actions taken by all unions or members in a state or region to put more political pressure on the government.
• Sit-down strikes: In this scenario, employees stage walkouts at their places of employment, refusing to report for duty until their demands are met.
• Slow down strike: When employees or unions pressure the industry to meet their demands by limiting or cutting output, they are not going on a complete strike.
• Hunger strike: A difficult form is in which workers go on strike without access to food or water to voice their concerns. In protest of past-due salaries spanning several months, Kingfisher Airlines staff went on a hunger strike.
• Wildcat strikes occur when workers go on strike without the approval of their union or higher authority. In 2004, attorneys staged a wildcat strike at Bangalore’s civil courts in response to reportedly disparaging comments made by an assistant commissioner.

According to Section 2 (q) of the Industrial Dispute Act, a strike is “a cessation of work by a body of individuals employed in any industry acting jointly, or a concerted refusal, or an unwillingness, under a common understanding, of any group of people who are or have been so employed to carry on working or to accept employment.”

In Cox and Kings Limited v. Their Employees, the court determined that a strike can be justified if it is related to a present labour dispute or is intended to protest an unfair labour practice by the employer. One of the most essential tools at the disposal of workers and their organizations to advance their economic and social objectives is strike action. In the event of a labour dispute, it is the most prominent and divisive type of collective action, and it is frequently seen as the final recourse of workers’ organizations in pursuing their goals. Strikes, however, should not be seen separately from the entire field of industrial relations. They are costly and disruptive for employees, companies, and society at large, and when they happen, it is because collective bargaining efforts to improve working conditions failed.

THE REQUIREMENTS OF EXERCISING A STRIKE

The right to strike is frequently subjected to several requirements that must be satisfied by employees and their organizations. However, given the risk that these circumstances could restrict how freely workers and their organizations can plan their actions and develop their programmes, they shouldn’t unnecessarily preclude the use of strikes to protect workers’ interests.

In this regard, the following clauses are frequently included in laws:

• The use of all available conciliation or mediation options before a strike is called;
• The need for a strike ballot to be held, and for a majority of the affected employees to vote in favour of a strike before it can be known.
• The requirement is to give advance notice before calling a strike.

THE BEST WAY TO LIMIT DAMAGE DUE TO A STRIKE

To prevent a closure that would lead to job losses, workers should let the company continue operating. Employers ought to enlist the help of a reliable labour broker who can offer substitute workers during the strike. When dealing with one another, both parties should act politely and professionally.

CONCLUSION

After researching and examining various aspects of strikes, it can be said or inferred that strikes have repeatedly proven to be a very effective strategy used by both employers and employees to exert pressure on the other party to comply with their demands. Over the years, the strike concept has undergone a lot of advancements, which have also resulted in several changes to its application and scope.

---

CITATIONS

1. The Industrial Disputes Act, 1947.
2. AIR 1960 Mad 288.
3. 1977 AIR 1666, 1977 SCR (3) 332.
4. Labour Legislation Guidelines, ILO, https://www.ilo.org/legacy/english/dialogue/ifpdial/llg/noframes/ch5.htm.

This article is written by Sneha Sakshi, a second-year BBA LLB student of SLS Pune.

Case Number

Writ Petition (Criminal) 67/2017

Equivalent Citation

(2018) 11 SCC 1

Petitioner

Nikesh Talwar Shah

Respondent

Union of India and Ors.

Bench

Justice R. F. Nariman

Decided on

November 23, 2017

Relevant Act/ Section

Article 21 of Constitution of India, 1949; Section 45, 65 and 71 of Prevention of Money Laundering Act.

Brief Facts and Procedural History

The constitutionality of Section 45 of the Prevention of Money Laundering Act was contested in an appeal. Two requirements are imposed by Section 45 before the bond can be issued. The court must be satisfied that the prisoner was not guilty of such a crime and that he would not conduct any crimes while on release. Additionally, the prosecution must have the opportunity to oppose any motion for bail.

Judicial History

In Hussainara Khatoon v. Bihar State,¹ the Supreme Court was presented with the issues of several sub-treaties whose incarceration periods surpassed the incarceration periods required for the crimes against them. These sub-treaties made up 80% of the jail population. Following, Maneka Gandhi v. Union of India², the Court ordered the release of individuals whose prison terms had surpassed the sentence terms for their offences, in accordance with Article 21. In Mantoo Majumdar v. State of Bihar,³ the Supreme Court upheld the accused’s right to personal liberty once more and ruled that the petitioners should be released on their bail and without any sort of security because they had been imprisoned for six years while awaiting trial.

Issues before the Court

1. Whether Section 45 of the Prevention of Money Laundering Act, 2002 is unconstitutional or not?

The Decision of the Court

The senior attorney, Shri Mukul Rohatgi, argued that Section 45 of the PMLA is manifestly arbitrary, discriminatory, and in violation of the petitioner’s fundamental rights under Article 14 read with Article 21 of the Constitution when it imposes two additional conditions before the granting of the bond. He further stated that the goal was not to refuse bail to people charged with the offences listed in Part B above and that doing so would be discriminatory and a violation of Article 14 of the Constitution because it would amount to treating ‘unequals’ identically.

Additionally, according to skilled senior counsel, the three-year threshold mentioned in Section 45 of the 2002 Act is by itself arbitrary because it only refers to the predicate offence and not to the money laundering offence itself. Regarding the 2002 Act, there is no requirement for the categorization based on the quantity of money that is laundered, which might be a legitimate basis for classification. Furthermore, according to the experienced senior counsel, if the requirements of Section 45(1) are met at the bail stage, the defendants will be required to reveal their defense at a time when they are unable to do so since they were arrested and weren’t given bail at the beginning itself.

The Supreme Court took into account the discrimination brought about by (a) the classification of the offences under Section 45(1) and (b) the application of Section 45(1) to diverse circumstances with respect to the challenge under Article 14. The Supreme Court ruled that a classification based on the length of time spent in jail for a Scheduled Offence had no reasonable connection to the goal of the PMLA, which is to attach and reinvest significant sums of money obtained via criminal activity. Although the court believed that other serious crimes under the IPC (crimes with a maximum sentence of 10 years) that were not specifically mentioned in Part A could also be the source of the money or proceeds, a person accused of such a crime could still obtain bail without the need for an application of the impugned conditions.

Regarding the application of the impugned conditions, the Supreme Court, among other things, held that: Section 45(1) of the PML Act created a situation in which the same offenders in various cases might end up experiencing various outcomes in terms of the grant of bail, depending on whether or not Section 45(1) applied. This was deemed to be especially problematic because the decision to grant or deny bail had no bearing on the money laundering offence under the PML Act; rather, the denial of bail was based solely on the fact that the offence was being tried alongside the offences under Part A.

The contested conditions were arbitrary and discriminatory because they required the accused to prove that they were not guilty of “such an offence” and that they were not likely to commit “any offence” while out on bail. Even though they might demonstrate that they had good reason to think they were innocent of the money laundering charge, an accused was being denied bail for the Scheduled Offence based on the Impugned Conditions. A person might be granted anticipatory bail for the same offence of money laundering and the Scheduled Offence because the PMLA did not forbid the grant of one, but he would then be granted regular bail upon satisfying the conditions of the anticipatory bail.

The Supreme Court briefly addressed the challenge to the conditions under Article 21 after a lengthy discussion on the challenges to the impugned conditions based on Article 14, specifically whether the conditions, which reversed the presumption of innocence, violated the fundamental right to personal liberty. The impugned conditions, according to the Supreme Court, are “dramatic measures that make substantial intrusions into the fundamental right to personal liberty” and can only be supported on the basis of a “compelling state interest in confronting crimes of an exceedingly heinous kind.”

It may be important to note that the Supreme Court was not required to decide whether the contested conditions actually met the requirements of a “compelling state interest,” as it could ex facie invalidate the contested conditions on the grounds that they infringed the accused’s constitutional right to equality. Following the ruling in the Maneka Gandhi case⁴, Article 21 now provides protection not only from executive action but also from legislation that robs a person of his or her life and personal freedom.

While the Supreme Court’s decision, in this case, is significant and the inconsistent nature of the pre-bail conditions under the PMLA provided a compelling argument for their elimination, it may be worthwhile to speculate whether the Supreme Court would have reached the same conclusion regardless of whether the pre-bail conditions were constitutional (especially in cases involving economic offences).

It was clear that the Supreme Court could have reached no other judgement given the scheme of the Scheduled Offences under the PML Act. It is still unclear if an economic offence like money laundering requires severe or harsh provisions like the Impugned Conditions and whether the state has the authority to restrict an individual’s rights in such circumstances. Therefore, the Supreme Court did not specifically consider the justiciability of the pre-bail conditions, such as the Impugned Conditions, in the instance of economic offences.

It was contended that the phrase “there are reasonable grounds to believe that you are not guilty of such a crime” in Section 45 should be interpreted as the Court’s initial determination of a defendant’s responsibility. Second, the wise Attorney General asserts that when the bonus is generally provided concerning offences in general and referred to the State of UP through C.B.I. v. Amarmani Tripathi⁵ for this reason, the requirements stipulated in Section 45 (1) (ii) are there in a different form. The astute Attorney General claims that Section 45 is unarguable when read in accordance with the principle of harmonious construction. Its foundation was Section 24 of the PMLA, which reversibly shifts the burden of proof, and it heavily cited Gautam Kundu⁶.

In the case of individuals charged with fraud in connection with a company’s affairs, take into consideration the provisions of Section 212(6) of the Companies Act, 2013, which also foresees restrictions similar to the impugned conditions. It is highly unlikely that a constitutional challenge to such pre-bail conditions would be upheld on the basis that they are inherently excessive and unreasonable, especially in light of the Supreme Court’s prior declaration that “economic offences need to be viewed seriously and considered as grave offences affecting the economy of the country and posing a serious threat to the financial health of the nation.”⁷ As a result, it is currently unclear and pending court clarification whether the pre-bail requirements (similar to the impugned conditions) are legitimate and justiciable in the context of economic offences.

It was clear that the Supreme Court could have come to no other judgement given the (inaccurate) list of offences included in the PMLA Act. The question of whether economic crimes like money laundering required harsh or contentious conditions and if the state might restrict a person’s rights in such cases is still open.

Pre-bail conditions’ constitutionality was decided by the Supreme Court in the instant case, and inconsistent interpretations of their scope and applicability under the anti-money laundering law presented a compelling argument. It may be worthwhile to analyze if the Supreme Court would have deleted the conditions otherwise fiercely contested except for the ambiguity produced by the Amendment Act, 2012, given the finding about the legitimacy of the conditions prior to bail (particularly in economic crimes).

Citations

1. AIR 1979 SC 1360.
2. AIR 1978 SC 597.
3. AIR 1980 SC 846.
4. AIR 1978 SC 597.
5. (2005) 8 SCC 21.
6. (2015) 16 SCC 1.
7. Rohit Tandon v. The Enforcement Directorate, 2017 SCC online SC 1304.

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