Tag: legalblogs

Case Number

WP (Criminal No.) 115 of 2009

Equivalent Citation

AIR 2011 SC 1290, 2011 AIR SCW 1625

Petitioner

Aruna Ramchandra Shanbaug

Respondent

Union of India, State of Maharashtra, Dean- KEM Hospital Mumbai

Bench

Justice Markandey Katju, Justice Gyan Sudha Misra

Decided on

March 07, 2011

Relevant Act/Section

Article 21 of Constitution of India, Section 309, 306 of Indian Penal Code

Brief Facts and Procedural History

Aruna Ramchandra Shanbaug, the petitioner in this case, was a nurse at the King Edward Memorial Hospital in Parel, Mumbai. On the evening of November 27, 1973, a sweeper from the same hospital attacked her and used a dog chain to yank her back while wrapping it around her neck. Additionally, the sweeper attempted to rape her; however, when he discovered she was menstruating, he sodomized her instead. He tightened the chain around her neck in order to stop her from moving or causing any havoc. A cleaner discovered her body the following day, unconscious and covered in blood. It was thought that the chain’s strangulation caused the brain’s oxygen supply to stop, which led to brain damage. She entered a permanent vegetative state as a result of this incident, which permanently injured her brain (PVS). Later, journalist and activist Pinki Virani petitioned the Supreme Court under Article 32 of the Constitution, claiming there was no chance of her being resurrected and recovering. She ought to be released from her suffering and allowed to die through passive euthanasia.

The respondent parties, KEM Hospital, and Bombay Municipal Corporation submitted a counter-petition in response to this petition. The gaps between the two groups widened as a result. Due to the discrepancies, the Supreme Court appointed a group of three distinguished doctors to conduct an investigation and provide a report on the precise mental and physical state of Aruna Shanbaug. They thoroughly researched Aruna Shanbaug’s medical background and concluded that she is not brain dead. She responds differently depending on the situation. She favors fish soups and gentle religious music, for instance. If there are many people there, she feels uneasy and becomes upset. When there are fewer people around, she is at ease. The KEM Hospital personnel were adequately caring for her. She was constantly kept tidy. Additionally, they found no indication from Aruna’s body language that she was willing to end her life. Additionally, the KEM Hospital nursing team was more than happy to take care of her. Thus, the doctors opined that euthanasia in this matter is not necessary. She held this job for 42 years before passing away in 2015.

Issues before the Court

1. Is it acceptable to remove a person’s life support systems and equipment if they are in a permanent vegetative state (PVS)?
2. Should a patient’s preferences be honored if they have previously said that they do not want to undergo life-sustaining measures in the event of futile treatment or a PVS?
3. Does a person’s family or next of kin have the right to request the withholding or removal of life-supporting measures if the individual has not made such a request already?

Decision of the Court

This decision was made on March 7, 2011, by the prestigious Supreme Court of India Division Bench, which also included Justices Markandey Katju and Gyan Sudha Mishra. The Transportation of Human Organs Act of 1994’s definition of brain death and the doctor’s report were both used by the court to rule that Aruna wasn’t brain dead. She didn’t need the assistance of a machine to breathe. She used to exhibit various signs and felt things. She was in a PVS, but she was still in stable condition. The justifications offered here are insufficient to end her life. It wouldn’t be acceptable. In addition, the court stated during its discussion of the matter that Pinki Virani would not be the next-of-kin in this particular situation, but rather the personnel of the KEM Hospital. Therefore, KEM Hospital has the authority to make any such choice on her behalf. In this instance, it was the food that she was relying on for survival. As a result, removing life-saving measures, in this case, would entail denying her sustenance, which is not permitted by Indian law in any way.

The Supreme Court recognized passive euthanasia under specific circumstances. The High Court would have to approve the decision to end a person’s life after following the proper procedure, the court decided, in order to prevent future abuse of this option.

When a request for passive euthanasia is made to the High Court, the Chief Justice of the High Court must convene a Bench of at least two justices to decide whether the request should be accepted or denied. Before rendering a decision, the Bench should take into account the advice of a panel of three reputable physicians. The Bench also proposes these physicians after consulting with the pertinent medical professionals. Along with appointing this committee, the court also has to notify the state, kin, family, and friends and provide them a copy of the committee of doctors’ report as soon as it is practical. After the court has heard from all parties, it should then issue its ruling. In India, this method must be followed up till relevant legislation is passed.

Aruna Shaunbaug was refused euthanasia in the end after taking into account all of the relevant facts of the case. The High Court further ruled that if the hospital staff ever feels the need for the same thing, they may petition the High Court in accordance with the established procedures. By giving a comprehensive framework of standards that must be fulfilled, the decision in this case has helped to clarify the concerns surrounding passive euthanasia in India. The court also suggested that Section 309 of the IPC be repealed. Every aspect of the case has been covered in detail. Now, let’s talk about the appearance of two crucial characteristics that emerged in this situation and have been addressed previously. The court also advocated for the abolition of IPC Section 309.

India is now among the nations that have legalized passive euthanasia. However, there are still flaws in the way passive euthanasia is carried out. It was a laborious process because it was mandated that every case obtain approval from the High Court after the Shanbaug case. Passive euthanasia is now more difficult to put into practice thanks to the new ruling, which calls for the execution of the directive in the presence of two witnesses, verification by a judicial magistrate, approval from two medical boards, and a jurisdictional collector. The fundamental goal of passive euthanasia is to terminate the suffering of the person in question, therefore this delay is a significant obstacle. On the other hand, if the process is made too liberal and simple, it is always open to serious abuse.

The Supreme Court established standards for passive euthanasia in the case of Aruna Shanbaug. These regulations allowed for the removal of a person’s life support system, which might ultimately result in death. Passive euthanasia is now legal in India under certain circumstances that will be ruled by the High Court. Later in 2018, the Supreme Court issued a new ruling in the case of Common Cause v. Union of India¹, reinstating the right to a dignified death, legalizing passive euthanasia, and granting permission to remove life support from patients who are terminally ill and in a life-long coma. The Court also introduced the idea of “living wills” along with this. In these cases, the directions to be followed are-

1. A Passive Euthanasia application must be pending with the relevant High Court. In any case, two appointed authorities must make up the Bench that the Chief Justice of the High Court appoints, and they will decide whether or not to approve the grant.
2. The Bank must first consider the opinions of a three-person medical committee that it will select before making a decision. One of the three professionals should be an expert in the nerve system, while the other two should be specialists and therapists.
3. When a person goes missing, the High Court Bench will notify the State and those closest to the missing individual, such as guardians, companions, siblings, and sisters.
4. When it becomes available, the Court must send them a copy of the expert council report.
5. After hearing from each gathering, the High Court’s seat must announce its decision.
6. The Supreme Court must make a decision immediately. The court expressed its extreme gratitude to the KEM staff for their dedication over an extended period of time.

This case clarified the euthanasia-related concerns and established criteria for widespread euthanasia. In addition, the court recommended that Section 309 of the Indian Penal Code be repealed. The subject of passive euthanasia, which was previously hardly ever considered, started with this case. It significantly broadens the scope of Article 21 of our Constitution and explains the stance on the right to a dignified death. In the Indian context, this decision is hailed as progressive.

---

REFERENCES

1. WP © 215/2005

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

CITATIONS

1950 AIR 124, 1950 SCR 594.

BENCH

• Justice Fazal Ali, Saiyid
• (CJ) Kania, Harilal
• Sastri, M. Patanjali
• Mahajan, Mehr Chand
• Das, Sudhi Ranjan
• Mukherjea, B.K.

JUDGEMENT GIVEN ON

26 May 1950

FACTS AND BACKGROUND OF THE CASE

Romesh Thappar was a publisher of a weekly magazine called Crossroads; certain articles were published in his magazine regarding the doubtful nature of public policies especially foreign policy. These articles created suspicion among the public about governmental policies leading to a communist movement rising in some regions of Madras forcing the state government to impose a ban on circulation of the magazine in areas where the communist movement was going on with enthusiasm.

LAWS INVOLVED

1. Madras Maintenance of Public Order Act, 1949 Section 9 (1-A): It allows the government to stop the circulation, selling, and distribution of any journal in any part of Madras to ensure ‘Public Safety’ or preserving ‘Public Order’.
2. Constitution of India Article 19 (1) (a): Provides freedom of speech and expression to citizens of India. Freedom of speech and expression gives one a right to speak and express their opinions and ideas about something through traditional media or social media.
3. Constitution of India Article 19 (2): Provides for the reasonable restrictions to freedom of speech and expression granted under Article 19 (1) (a). These restrictions include the sovereignty and integrity and security of the state and friendly relations with foreign states.
4. Constitution of India Article 13: Provides for the laws that may or may not be passed before the commencement of the Constitution of India if violates fundamental rights mentioned in Part 3 of the Indian Constitution must be declared null and void.
5. Constitution of India Article 32: Provides an Indian citizen right to approach Supreme Court if their fundamental right has been violated by any government authority. The article goes as ‘Heart & Soul of Indian Constitution’ due to its protective nature towards other fundamental rights specified in Part 3.  
6. Constitution of India Article 226: Provides High Courts the power to issue writs for enforcement of fundamental rights.

ISSUES

1. Whether the violation of the fundamental right can be dealt with by Supreme Court before State High Court?
2. Whether the order passed by the government under Madras Maintenance of Public Order Act, 1949 Section 9 (1-A) violate the freedom of Speech and Expression?
3. Whether the existence of Madras Maintenance of Public Order Act, 1949 Section 9 (1-A) was itself unconstitutional for it violates fundamental rights mentioned in Part 3 of the Indian Constitution?  

DECISION OF COURT

On the issue of whether the Supreme Court can be approached before the State High Court, the court believed that Article 32 gives power to Supreme Court to issue writs if any government authority violates fundamental rights provided in part 3 of the Indian Constitution, which in itself as a fundamental right that cannot be denied. Hence, the Supreme Court as the guardian of fundamental rights cannot refuse to entertain any petition for seeking against infringements of fundamental rights.

The order passed by the Madras government was declared unconstitutional as it violates the Freedom of Speech and Expression mentioned under Article 19 (1) (a) of the Indian Constitution. The ban imposed by the state government on the circulation of magazines prevents the freedom to propagate ideas, opinions, and viewpoints regarding any issue that concerns the general public.

The Madras Maintenance of Public Order Act, 1949 Section 9 (1-A) was made with the interest of issues like ‘Public Safety’ and ‘Public Order’. Here, ‘Public Safety’ means the security of health of the general public from dangers that vary according to the situation. ‘Public Order’ means to deal with events that may lead to disruption of peace and tranquility of the province. Regarding the question of the unconstitutionality of the law, the Supreme Court invokes the ‘Doctrine of Severability’ to ensure if severing any law defeats the entire purpose of legislation or not. Thereby, declared that the said order contradicts the fundamental right given under Article 19 (1) (a) hence ultra vires. However, Court is of the view that entire legislation cannot be considered void as Article 13 of the Indian Constitution states that the law can be declared null and void only to the extent of its inconsistency with fundamental rights.

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

Orphans or vagrants are the people who are deserted kids and have hardly any familiarity with their parents or their parents left their youngsters unattended. They might have been abandoned deliberately too. The Orphan Child (Provision Of Social Security) Bill, 2016 characterizes a “vagrant youngster” as a kid who has been deserted or has lost either guardians or whose guardians’ personality isn’t known and incorporates a kid who isn’t ‘considered’ important as a part of a family. These adolescents deal with multiple social issues as they are constantly denied affection and care.

As per United Nations Children’s Fund (UNICEF), India has 29.6 million stranded and abandoned kids.

“…. We are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the fountain of life. Many of the things we need can wait. The child cannot. Right now, is the time his bones are being formed, his blood is being made, and his senses are being developed. To him we cannot answer ‘Tomorrow,’ his name is today.”

– Gabriela Mistral

DEFINITIONS

Different lawmaking bodies characterize the term ‘kid’ in India, regulations connected with work and business like The Child Labor (Prohibition and Regulation) Act, 1986, and The Plantation Labor Act 1951 among others guarantee a youngster to be under 14 years old, while as of late, corrected Juvenile Justice Act expresses that youngsters in age 16-18 can be treated as grown-ups in the event of terrible wrongdoings. The United Nations Convention on the Rights of the Child (UNCRC) in 1992, characterizes a youngster as an individual under 18 years old. Subsequently, there is by all accounts an overall uncertainty on one acknowledged meaning of ‘kid.’ The uncertainty isn’t due to the meaning of youngsters, the term vagrant also doesn’t find a right clarification in Indian lawmaking bodies, a lacuna that has gone about as a block previously.

Even though UNICEF characterizes a vagrant as a “person under 18 years old, who has lost one or the two guardians”, the by and large existing idea inside the nation confines a vagrant both, to a lost youngster or one who has been deserted and taken over to a CCI. India, being the second-most crowded country on the planet, is home to an enormous number of stranded youngsters. As India battles with neediness, yearning, and debasement, numerous kids either lose their folks or are deserted by their families. As per UNICEF, there were around 25 million stranded youngsters in India in 2007. With the beginning of the Covid-19 pandemic in 2020, the quantity of vagrants in India has quickly expanded. Thus, it is vital to investigate the current lawful structure in India that tries to safeguard vagrants.

As indicated by Article 39(f) of the Indian Constitution, the state can make arrangements to guarantee that youngsters are furnished with satisfactory open doors and assets, which are crucial for their development and to shield them from double-dealing and relinquishment. Much of the time, just a halfway house can furnish stranded kids with fundamental necessities like food, sanctuary, dress, and instruction till the age of 14. In this manner, the state is enabled to make regulations to guarantee that halfway houses in the nation are all around kept up with and get satisfactory financing to safeguard the privileges of stranded youngsters.

LAWFUL PRIVILEGES OF ORPHANS IN INDIA

There is no different regulation overseeing the privileges of vagrants in India in essence, subsequently, the freedoms revered upon kids by the constitution alongside different regulations safeguarding the privileges of youngsters in India and the UNCRC are likewise moved by a vagrant. Article 14 and 15 of the Constitution gives the right of uniformity to every one of the residents and the right to be not segregated separately, including vagrant youngsters as well, Article 15(3) additionally gives the express power to make extraordinary honors to enable ladies and kids. Article 21 of the Indian Constitution additionally concedes the right of life and freedom to all people, and in Mohini Jain v. Province of Karnataka, the apex court held that the Article additionally incorporates different privileges significant for character and not referenced in that frame of mind of the constitution, like the right to schooling. Further, Article 21A, as embedded after the 86th amendment additionally gives the right to all youngsters matured 6 to 14 years, and Articles 23 and 24 likewise disallow work for kids under 14 years old individually. Article 47 additionally guides the state to increase living expectations by expanding the sustenance of all (consequently including vagrants).

Act and Bill related to vagrant:

Halfway Houses and other Altruistic Homes (Management and Control) Act 1960

An Act to deliver management and control of halfway houses, homes for dismissed ladies and young people, and other like organizations and for issues associated with such matters.

Bills related to Orphan:

The Orphan Youngster (Arrangement of Federal Retirement Aide) Bill 2016

To accommodate Social Security and government assistance measures to vagrant youngsters and for issues associated therewithin.

Adolescent Equity (Care and Protection of Children) Bill, 2015

The bill presents a charge in India. Families will sign up for tutelage and deserted, stranded kids, or those struggling with regulation are shipped off. Such families will be observed and will get help from the state.

GOVERNMENT ASSISTANCE PLANS FOR ORPHAN KIDS

Adolescent equity (care and security of youngsters) Act, 2015 states that vagrant kids in the nation are youngsters needing care and insurance, and the principal obligation or we will say essential obligation of the execution of the demonstration lies with the association domain/states. For supporting the children in various conditions, the service of women and youngster improvement is executing halfway supported kid security plans and prime liabilities lie with the system/UT organization.

Monetary help is given to them by the focal government for undertaking a situational examination of young people in troublesome conditions. Under the plan youngsters struggling with regulation and children needing care and assurance are given in kid care foundations. This plan likewise applies for non-institutional consideration and here help is reached out for guardianship, sponsorship, and reception.

EXISTING LEGITIMATE PRIVILEGES OF VAGRANTS

Right to life – Article 21 of the Indian constitution ensures the assurance of the life and freedom of every individual. This would safeguard vagrants as they are very helpless. Article 21 maintains their entitlement to live and practice freedom very much like every other person.

Right to wellbeing- The understanding of Article 21 is comprehensive of the right to well-being. Each vagrant kid has the option of great physical and emotional well-being.

Right to citizenship- Part II of the Indian Constitution explains the right to citizenship. Each vagrant has the option to have a name that is lawfully recorded and citizenship to any country. This guarantees that any state would safeguard its government assistance.

Assurance from double-dealing- Articles 23 and 24 of the Indian Constitution safeguards the vagrants from dealing, constrained work and, work in perilous spots if they are beneath the age of fourteen.

Right to instruction- Article 21-A commits all kids between the age of six and to fourteen that they will get free instruction. This puts the obligation on the state to guarantee that vagrants get essential instruction very much like different youngsters.

Adoption is a huge piece of an orphan’s life. Notwithstanding, adoption falls in the topic of Personal Laws. Since there is no uniform common code in India for Personal Laws, there is a noticeable absence of consistency in applying such regulations. More often than not, religion represents a boundary for the guardians to take on a youngster. Regardless of whether reception happens, the guardians are not lawfully permitted to call themselves the embraced kid’s folks. Over and over, the Hon’ble Supreme Court has shown full help for presenting a Uniform Civil Code in the current Personal Laws. In Mohammad Ahmed Khan v. Shah Bano Begum, Justice Y.V. Chandrachud said “A uniform common code will help with public unification by diminishing unique lawful loyalties in view of restricting philosophies”. In this manner, presenting a Uniform Civil Code will prompt the use of similar regulations for every one of the residents in India, which will additionally guarantee that there is no single childless parent in the country.

CONCLUSION

Stranded youngsters are perhaps the weakest gathering in India. Like each and every other youngster, they also have privileges and interests which need assurance. As they are bound to be taken advantage of and mishandled, they require additional consideration and care. Giving them just food, sanctuary, attire and education isn’t sufficient. They are likewise expected to be cherished and focused on as they are resources of our country. It is fundamental to furnish them with a sound climate so they can develop and foster like different youngsters.

However, vagrants in India can be safeguarded by their far-off family members or child care, institutional consideration given by halfway houses is the most favored mode as India is a creating and low-pay country. Clearly, in spite of having administrative bodies and rules for guidelines, these foundations are not consistently reviewed. The physical and emotional well-being of stranded kids frequently continues without some kind of restraint. Numerous establishments experience the ill effects of a lack of talented and prepared staff. The unfortunate foundation at shelters makes it much more significant for us to advance child care and work with a simpler reception process.

---

REFERENCES

1. Legal Rights of Orphan Children in India, CRCC-NLU, https://www.crccnlu.org/post/legal-rights-of-orphan-children-in-india-ranjul-malik ( Last accessed on 15 July,2022).
2. COVID-19 devastated many lives heart-wrenching to see the survival of children at stake: SC, https://economictimes.indiatimes.com/news/india/covid-19-devastated-many-lives-heart-wrenching-to-see-survival-of-children-at-stake-supreme-court/articleshow/85759859.cms?from=mdr ( Last accessed on 15 July,2022).
3. Constitution of India.
4. Mohini Jain v. Province of Karnataka, 1992 AIR 1858, 1992 SCR (3) 658.
5. Orphanages and Other Charitable Homes (Supervision and Control ) Act 1960.
6. Mohammad Ahmed Khan v. Shah Bano Begum, 1985 AIR 945, 1985 SCR (3) 844.

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

INTRODUCTION

Gender inequality in India evinces itself in a diversities of ways, but the most prevalent is in the area of legitimate property rights. Numerous laws have been eventuated to abolish women’s economic beliefs and furnished their high status and equality. In addition, the Constitution of India establishes equality, invigorating women’s property rights and ingress to economic resources. Despite all of this, the affairs of women remain consistent due to a lack of education and knowledge, and non-compliance with the rights of women’s law. Due to family norms, societal humiliation, and related prospects, even women themselves are not so much interested in executing their rights. The empowerment of Indian Women by Dr. Babasaheb Ambedkar invariably convinced movements headed by women.

He persisted that every married woman must participate in her husband’s activities as a friend. But she ought to show the audacity to contradict the life of slaves. She should hold on to the rules of equality. If every woman sticks to it, she will acquire genuine respect and recognition. He said, “We shall have good days ahead and our progression will be greatly hastened if male learning is persuaded side by side with female learning ”. He initiated a strong gesture against the Hindu social order and introduced a journal Mook Nayak in 1920 and Bahiskrit Bharat in 1927. He laid due emphasis on gender equality and the demand for education. In January 1928, a women’s organization was established in Bombay with Ramabai, Ambedkar’s wife (president). The emboldened Dr. Ambedkar empowered women to express themselves, it was glimpsed when Radhabai Vadale addressed a press conference in 1931.

MARRIAGE AND DIVORCE LAW

According to Vedas, a Hindu marriage is an imperishable alliance till eternity. It is known as a fusion of “flesh with flesh, skin with skin and bones with bones, the husband and wife grace as if they were a single person. The Hindu Marriage Act, of 1955 has eliminated these imbalances to a large stretch. It has created monogamy the principle for both men and women. A woman can break down her marriage and easily enter into another marriage as per to law. The Hindu Marriage Act, of 1955 has specified the causes for divorce. The Hindu Marriage Act, 1955 Section 5 lays down the circumstances for marriage. It opines that both parties to the marriage should have the position to obtain consent to the marriage.

The Hindu marriage is a sacrament; sacred and eternal. It is perpetual and pursues life cause she can’t have a second husband even after his demise. Husband and wife become individual as she cannot have any originality of her own. But the husband could set his foot into the sacramental crimp of marriage many numbers of times because polygamy was not banned under Hindu law before the enforcement of the Hindu Marriage Act, 1955. However, the views regarding the nature of Hindu marriage are evolving.

LAW OF ADOPTION

The law of adoption in the ancient Hindu tradition is different from one creed to another. The Hindu Adoption and Maintenance Act, of 1956 established uniformity in the principle of adoption among Hindus. A Hindu woman was empowered to adopt a child only under exquisite circumstances under the Shastric Hindu Law. The women’s rights to adopt a child were restricted. Through the Hindu Adoption and Maintenance Act, 1956 the authorization of a woman to adopt a child is granted, but bigotry against women continues. A married man can adopt but a married woman can’t during the maintenance of the marriage under the Hindu Adoption and Maintenance Act, 1956. Now, this inequality has been removed by the Personal Laws Amendment Act, 2010.

PROPERTY RIGHTS

To eliminate all these conflicts and to secure women as equal to men, the then government sanctioned the Hindu Succession Act in 1956. The Act passed in 1956 was the fundamental law to provide an absolute and uniform structure of inheritance for Hindus and to label gender inequalities in the patch of inheritance. Therefore, it was a procedure of codification as well as an amendment at the same time. The Hindu Succession Act was the initial act of property privileges and rights among Hindus after independence. The Hindu Succession Act, 1956 was sanctioned to codify creeds statute relating to deliberate succession among Hindus.

This appeals to both Mitakshara and Dayabhaga creeds. Preserving the Mitakshara inheritance without women being involved in it indicated that women could not bequest ancestral property rights as men do. If a joint family diverged, each male beneficiary takes his share, and the women acquire nothing. The Hindu Succession (Amendment) Act, 2005, enveloped inequalities on different appearances: parental dwelling house; agricultural land; Mitakshara joint family property; and certain widows. From history to the present, there is an extreme change in the lifestyle of women, now women with their domiciliary work also play a part in the earning of their family and the economy of the nation. She absences nowhere at the back of the man. Women must never be contemplated the delicate part of society as their household tasks are more difficult than the office work of the man.

WHY DO RULES FOR WOMEN’S SUCCESSION NEED TO CHANGE?

The law approves heirs of the father or husband to inherit properties of women who die unheard, but properties of men who die unheard don’t delegate to a woman’s heirs. A three-judge Supreme Court bench headed by Justice DY Chandrachud is trialing a petition testing the provisos of the Hindu Succession Act, 1956, specifically sections 15 and 16 relating to female succession. The appeal challenges the constitutionality of the provisos for being “overly discriminatory and infringing the procedure of the Constitution”. Although the lawsuit was filed four years ago in 2018, an amendment bill recommending changes retrieving the same had been already found in Parliament in 2015, but there was no conversation on it, leading to the sequential lapse of the bill.

The Hindu Succession Act gives the principles for the property succession of a Hindu woman who dies unheard. It comes up with a hierarchy heeding to which the property is to delegate.

1. Prakash v. Phulvati¹ – In this case, a two-judge bench headed by Justice A. K. Goel held that the interests of the 2005 amendment could be permitted only to living daughters of living inheritors as of September 9, 2005 (The date when the amendment came into power). The Apex Court had held that Section 6 was prospective in nature and would apply only if the coparcener and daughter were both alive as on 9 September 2005.

2. Danamma v. Amar² – In this case, the honorable Supreme Court of India stated that if the father is a coparcener who demised before 9 September 2005 and a prior suit has been unsettled for partition by a male coparcener, then the female coparceners are sanctioned to a share. The court remarked that the provisions of section 6 (Amendment Act) are functioning in a retrospective manner and they transform absolute rights upon the daughter to be inheritor since birth. This judgment was in contrast to the judgment given in the Phulavati case.

3. Vineeta Sharma v Rakesh Sharma³, the court held that a daughter coheir would have equal coparcenary rights in Hindu undivided family properties or equal privileges to the family property by birth regardless of whether the father coparcener demised before or after 9 September 2005 (The day Parliament acknowledged this right by amending the Hindu Succession Act of 1956). The Supreme Court of India held that Section 6 shall be seen retroactively. Describing the theory of retroactive application of the amendment act, 2005, the court held that the said Act permits women to have the benefits of succession based on their birth.

CONCLUSION

However, despite all the rebellious conditions of the Hindu Succession Act of 1956, Hindu women in the Indian community pursue to be underprivileged property rights in general. It was only a slice of legislation. Even though the Act established insurgent changes, it has been predominantly ignored by family members in fact since the conditions are incompatible with habitual Hindu social essence. There because of a limpid contrast between the law as it is and the law as it is bid. It is frequently tarnished by incidences of unabashed prejudice. All of these are laudable measures in theory, but the challenge leans not in acknowledging women’s property rights but in implementing them.

---

CITATIONS

¹ (2016) 2 SCC 36.

² (2018) 3 SCC 343.

³ (2020) 9 SCC 1.

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

INTRODUCTION

Terrorism is not an unknown concept to society and it has always been there. Even in the 1^st century, the Zealots of Judea were the first ones that came into the limelight as an example of ‘Terrorism’ to society of mankind, from there it grew in the form of assassins. Even after so many years, it is still associated with ‘Terrorism’ and remembered well. Terrorism has become a threat to the national security of countries. Terrorism works against the principle of humanity which may harm people around the world. To prevent terrorist attacks on any country one must pay attention to the security situation of any country and must work to improvise it. New laws must be made about anti-terrorism and the States must make amends with the changing world and with the need of the hour. 

TERRORISM

Terrorism is the use of violence or threat that violence may be used against civilians intentionally and indiscriminately. Terrorism is also used when the terrorist groups are unsatisfied with the doings of the ruling government. Civilians are an easy target for these groups, they may use the unhappiness of the general public to manipulate them against the ruling government. The term ‘TERRORISM’ found its origin in French Revolution in the 18^th century. But, came in limelight during the time of the Basque Conflict and Palestinian Conflict in the 1970s. The data recorded by the Global Terrorism Database shows that 61,000 terrorist events took place during the year 2004-2014.

Terrorism may vary from one country to another depending upon the political system of the concerned country. These are as follows—

Civil Disorder: An act that interferes with the peace, security, and democratic functioning of any country.  

Political Terrorism: This act is aimed at the inducement of fear as well as a political objective.

Non-Political Terrorism: The act is aimed at just inducement of fear in eyes of the general public and not for the political objective which may or may not is achieved.   

Anonymous Terrorism: If an act of terrorism is committed then either the perpetrators or the government may put a tag that a certain terrorist group committed the act but, in reality, no one knows the actual sinner.

Quasi Terrorism: Terrorist activities are intended to create fear in the mind of general public; in quasi-terrorism, the act was done with the methods and techniques of actual terrorism but its aim isn’t to induce fear among the general public.    

Limited Political Terrorism: Government may deceive the general public by going for the ideological approach whereas, in reality, the only intention was to control the state.

State Terrorism: Government rule which is laid down with the fear and oppression of the general public, qualifies as an act of terrorism.

INTERNATIONAL LAWS

The laws to combat terrorism have been introduced since 1937, with the attack of 2001 on the twin towers in the U.S. It pushed the government to make more stringent laws with regard to anti-terrorism resultantly, we see the passing of U.S.A PATRIOT Act in 2001 with the objective of punishing the terrorist attackers in U.S.A. and anywhere in the world. U.K implemented the Act of Prevention of Terrorism in 1974, the Anti-Terrorism and Security Act of 2001 for preventing terrorist activities.     

Code of Conduct Towards Achieving a World Free of Terrorism was adopted in the year 2018 when the 73^rd session of the United Nations General Assembly was introduced by the then Kazakhstan President namely, Nursultan Nazarbayev, aimed at laying down commitments by countries around the world and collective working of countries against the terrorism and same was signed by around 70 countries.

INDIAN TERRORISM

In India, terrorism is a major threat to the community of people. Here, these groups are in the names of Islam Terror, Separatist Terror, and Left-Wing terror. With the number of states, we have different forms of labeled terrorism, Kashmir-Islam, Punjab-Separatists, Assam-Secessionist, and in the east we have Naxalism. In the year, 2017 there were about 900 terrorist incidents that led to the death of 465 people. Indian Terrorism mainly consists of—

Ethnicity: Aimed at creating a separate state within India based on ethnicity and Emphasis on opinions of one ethnic origin over the other;

Religious: Terror act done by people of a specific religious community may lead other religious community to target the community that planned the attack and generates hatred among two different religious community;

Left-Wing: This is related to economic exploitation and to deal with it they may use unnecessary violence;

Narcoterrorism: Creation of Narcotics Traffic Zones illegally.

It was reported that over 180 terrorist groups have been operating in India for the last 20 years and more than half of them are terrorist networks that flow through the South Asian continent.

RECENT INCIDENTS OF TERRORISM IN INDIA

High Court Bombing 2011

The morning of 7 September 2011 claimed 15 lives injuring about 75 people during the blast. The responsibility was accepted by Harkat-ul-Jihad-al-Islami, they demanded that convicted accused Mohammed Afzal Guru responsible for Parliamentary Attack in Delhi should not be hanged as decided in trial by Supreme Court. Later another group called IM took the responsibility for the attack. Eventually, Wasim Akram Malik, Junaid Akram Malik, Amir Abbas Dev, Shakir Hussain Seikh, and Amir Kamal were arrested, questioned, and held responsible for the attack, and the charge of waging a war against the nation was framed.  

Dantewada Attack 2019

In the year 2019 according to a report compiled by South Asia Terrorism Portal, this was the 39th incident based on Maoist Insurgency that took place in India. During the attack 41 insurgents, 19 civilians, and 7 security personnel lost their lives. Major Maoist attacks have been taking place since the NDA government came into power and it’s a serious issue that needs to be looked into by the central government.  

Sukma – Bijapur Attack 2021

It was a planned attack by Naxalite Maoist Insurgents related to the Communist Party of India (Maoist) against the security forces of India on April 3 in 2021, killing 9 Naxalites and 22 Security Personnel, injuring 30 people. The attack was launched from Sukma and Bijapur districts targeting South Bastar forests. The central government stated that a befitting reply would be given to terrorists at an appropriate time.

INDIA COMBATING TERRORISM

Unlawful Activities (Prevention) Act, 1967 was created to answer the questions of the territorial integrity of India. The act was mainly for declaring secessionist organizations as illegal under the purview of the central government.   

With the attack on the Indian Parliament and Mumbai attacks, the Indian government formed a new agency called National Investigation Agency with the authority to deal with activities related to terror without any permission from states. The powers of states must not be affected by any provision of this law. Unlawful Activities (Prevention) Act (Amendment), 2008 aimed at changing procedure to allow the NIA to act effectively on any act of terrorism. With this amendment, the period of police custody increased to 30 days and a charge sheet can be filed within 180 days if reasonable reasons are given. Code of Criminal Procedure, 1973 amended from time to time with the changing times and does not solely depend on the terrorist attacks but also on the sufferings of victims.

Terrorism and Disruptive Activities, 1985 (TADA) was passed after the assassination of Indira Gandhi, former Prime Minister of India granting more powers to the government to deal with acts of terrorism. India witnessed major terrorist acts after repealing of TADA including hijacking flights in 1999 and an attack on the Indian Parliament in 2001. With these going on, the need for a stringent law was felt and eventually Prevention of Terrorist Activities Act, 2002 was passed with the objective of strengthening anti-terrorism operations within India.

Unlawful Activities (Prevention) Amendment Act, 2019 expands its power by allowing an individual to be declared a terrorist without trial if enough evidence is there. The investigation done by any officer of the National Investigation Agency requires prior approval of the Director General of NIA to seize any property that might be connected with terrorism. NIA officers may undertake the investigation in such cases. However, this amendment was criticized worldwide due to its failure to follow the process as mentioned in the law and violated many human rights mentioned in the Universal Declaration of Human Rights. It was deemed that allowing provisions that make one a terrorist without trial itself shows the lawlessness of laws that are made to protect people.   

CONCLUSION

Many people around the world question the reasonability of law. These people must take note of the people who are concerned with the said law. Law framers while making the laws must ensure that no one should suffer due to the laws being favorable for one while not for others. Here, Human Rights Lawyers keep on claiming that the human rights of terrorists must not be denied, but what about those who are still suffering and will continue to suffer in the future due to the loss of their loved ones, who would be there to stand by their side to give them encouragement to fight and live with the harsh reality of the world. ‘Everything comes with a price when one commits the crime of killing another human being and they must pay for their sins but as per following due process of law.

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

INTRODUCTION

Recently in May 2022, the Supreme Court decided to put a stay on the proceedings of sedition until the center reviews the age-old sedition law which includes treason. Treason is considered to be one of the gravest crimes ever committed. According to the Black’s law dictionary, “Treason is an offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance; or of betraying the state into the hands of a foreign power.”

In general, the term treason can be defined as an act done against the government to overthrow it. For instance, when a militant or a diplomat of a nation carries information about his own nation to the enemy country, the act can be called Treason. The person who commits the act is known as a traitor. Treason is considered to be one of the gravest crimes and the UN also agrees with that. India covers the punishment for the offence ‘Treason’ under section 124 A of the Indian Penal Code. Though the terms sedition and treason are a bit different from each other, treason is included.

DIFFERENCE BETWEEN TREASON & SEDITION

The term Sedition is the offence performed against the status quo. It is considered to be a challenge against the government or an establishment. The act threatens the government or individuals in power and treason is an act that threatens the whole nation. Treason can be said a violation of one’s allegiance to one’s sovereign. However, the difference between the meanings of treason and sedition has blurred and now sedition also includes an act of terrorism and violation of public safety. The act of treason also comes under sedition laws.

TREASON LAW IN INDIA

Treason is codified under section 124A of Indian Penal Code, 1860. According to the section, Sedition is defined as “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with [imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

The sedition law was firstly included by Lord McCaulay in the Indian Penal Code during the British era to stop the protests and revolts against the governance of the Crown and to punish the people or the officers betraying the government or the nation. The leaders like Gandhiji, Maulana Azad, Mohammed Ali and Shaukat, etc., were penalized for revolting against the British government to gain freedom for India.

One of the most notable trials was Queen Empress v. Bal Gangadhar Tilak¹. Bal Gangadhar Tilak was arrested for writing articles in Kesari, a Marathi newspaper. He mentioned the bombings by the British officials and the unbearable violence caused by them. He further stated that this is the main reason behind the demand for Swaraj. Despite his logical and valid arguments, he was convicted and was sentenced a 6-year imprisonment and was fined Rs. 1000.

After the independence, the Constituent Assembly debated a lot regarding the inclusion of sedition. Sedition is an obstruction to the freedom of speech and expression which is guaranteed by the Constitution. However, many of the members have vehemently disagreed about it. During Indira Gandhi’s governance, sedition had become a cognizable offence in 1973 and it was decided that the police can arrest without a warrant in this offence.

It was stated by Supreme Court in Romesh Thapar v. State of Madras², “Criticizing the government that arouses disaffection or bad feelings toward it, is not to be regarded as a justifying ground for restricting the freedom of expression and the press, unless it is such that it undermines the security of or tends to overthrow the state.” Justice Patanjali Shastri justified the liberal interpretation of the legislation by pointing out that the Constituent Assembly had left the word “sedition” out of the Constitution.

THE RELEVANCE OF THE TREASON LAW CURRENTLY

As aforementioned along with the cases cited above, the treason law i.e., Section 124A has been included by the British to suppress the protests against them. There have been many instances where section 124 A was used as a defense mechanism by the ruling government in India against the people who have spoken against them. The section is being used by the government to intimidate the journalists, activists, etc., to speak out their opinions.

Ram Nandan v. State of Uttar Pradesh³ was the initial case to address the constitutionality of Section 124A. The Allahabad High Court ruled that Section 124A of the IPC was extra vires in nature and infringed upon Article 19(1)(a). In Kedar Nath Singh v. State of Bihar⁴ (1962), the constitutionality of Section 124-A was further contested before a Supreme Court Constitution Bench, with the main contention being that it violated Article 19(1)(a) of the Indian Constitution. The Allahabad High Court’s verdict was overturned by the Supreme Court, which stated that no crime of sedition is proved under Section 124-A until the statements, whether spoken or written, have the power to alter or disturb public order by the use of violence. Unless the remarks are likely to incite violence, there is no offense.

In the recent National Crime Records Bureau (NRCB), the number of sedition cases from 2015 to 2020 is 356 and the number of people arrested under sedition are 548. Out of the registered cases, only 6 were convicted. The data regarding the sedition cases filed reports were collected and presented by NCRB since the formation of Narendra Modi’s government in 2014. When compared to the earlier stages of government, the cases of sedition which have been filed have reduced. It has also been observed that the ruling party has been misusing section 124A to its benefit.

The following are a few case laws:

In the case of Vinod Dua v. Union of India⁵, a First Information Report (FIR) was filed against a journalist named Vinod Dua for presenting the communal riots in Delhi on his YouTube channel. It was stated in the FIR that Prime Minister Narendra Modi had used terror incidents to obtain votes and also depicted the PPE kit unavailability during COVID-19 and also regarding the shipment of ventilators and sanitizers. Mr. Vinod Dua was arrested for causing public dissatisfaction and panic among the individuals who were supposed to be on lockdown due to the increasing number of cases under sections 124A and 505 of IPC.

The Supreme Court stated that the news that Mr. Vinod Dua has put forth had odd allegations charged against him. The court stated that it was Mr. Vinod’s job as a journalist to state the facts even regarding the migrants’ issues. The Hon’ble court further stated that the citizens have the right to criticize the actions of the government and the officials as long as their criticism doesn’t disturb the law and order in the nation. Hence, the allegations against him were levied.

Further, in the case of Rajat Sharma v. Union of India⁶, Farooq Abdullah in an interview by The Wire stated “whatever they are doing at LAC in Ladakh is all because of the abrogation of Article 370, which they never acknowledged, I am hopeful that Article 370 would be reinstated in J&K with their help”. He further talked about the restoration of Article 370 with China’s support. It was also stated by him that Indians do not want to be in India anymore and they would rather be dominated by the Chinese. 

The petitioners filed a case against Farooq Abdullah stating that he had amounted to a seditious act under section 124A of IPC, 1860. It was claimed by the petitioners that Mr. Abdul Farooq had persuaded the citizens of Jammu and Kashmir to join China. The Supreme Court of India, with a three-judge bench, had imposed a fine of Rs.50,000 on petitioners for filing a PIL against the CM of J&K. The bench further stated that any opinion or statement which differs from the center cannot be called seditious.

In the most recent case Disha A. Ravi v. State (NCT Delhi)⁷, also known as the Toolkit case, the climate activist Disha Ravi and another were issued non-bailable warrants for the two individuals. They were accused of supporting the pro-Khalistan organizations and stated that the toolkit was to defame India for the three farm legislations. The High court of Delhi stated that Disha had engaged in a peaceful protest and in a democratic nation, citizens can’t be imprisoned just on basis of disagreement or divergence of opinion with the policies of the government. Further, it was stated that the right to speech can be exercised by the global audience.

CHALLENGES FACED BY THE CITIZENS

From the cases mentioned above, it can be inferred that there are many circumstances in which the ruling government is using Section 124A of IPC, 1860 as a weapon against people showing dissent. During the Citizenship Amendment Act enactment, there were many protests all over India against the bill from being passed by the Parliament. Around 3,872 people all over India in 26 cases relating to anti-CAA protests from 2017 to 2021.

Even in the case of Farm Bills, a huge number of farmers have come upon the streets protesting for their rights being violated due to the new farm laws which are yet to be formed. More than 100 Farmers were arrested under Sedition, section 124 A of IPC in Haryana. The first amendment of the Constitution of India has included the Fundamental right of freedom of speech and expression under Article 19(1)(A). India’s first Prime Minister, Jawaharlal Nehru has also stated that it was better to remove the sedition law as soon as possible from the Penal Code.

CONCLUSION

The Higher Courts of India have defined Sedition many times in numerous cases. With the increase in the number of cases during the subsequent years, the Supreme Court of India has decided to review and renew the colonial law. The sedition law in India is important to ensure peaceful governance in India. However, it disturbs the fundamental right to speech and expression where people are being charged for merely expressing their negative views and dissent towards the governmental policies.

India is a democratic nation and the curbing of the fundamental rights of the citizens is a violation of the Constitution itself. However, there is an exception for that too. The views of the individual or peaceful protest against the governmental policies can’t be amounted to sedition according to the Supreme Court. There is a dire need for the nation to stop the authorities in power to take advantage of section 124-A of IPC, 1860.

---

REFERENCES

¹ Queen Empress v. Bal Gangadhar Tilak, (1917) 19 BOMLR 211.

² Romesh Thapar v. State of Madras, AIR 1950 SC 124.

³ Ram Nandan v. State of Uttar Pradesh, AIR 1959 All 101.

⁴ Kedar Nath Singh v. State of Bihar, 1962 AIR 955.

⁵ Vinod Dua v. Union of India, 2021.

⁶ Rajat Sharma v. Union of India, 2021 SCC OnLine SC 162.

⁷ Disha A. Ravi v. State (NCT Delhi), W.P. (C) 2297/2021.

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

Pro bono is a condensing for the Latin expression free public or, which deciphers as “for a long term benefit.” The expression regularly alludes to proficient administrations that are accommodated free or at a diminished expense. Experts from various disciplines offer free types of assistance to not-for-profit associations. Medical clinics, colleges, public causes, holy places, and establishments are among these associations. It is additionally conceivable to accomplish free work for people who can’t pay. The expression free is fundamentally utilized in the legitimate calling. Free attorneys serve the public interest by offering free legitimate administrations to individuals out of luck. Rather than working for benefit, the professional is accepted to work to assist the bigger great.

Like M.K Gandhi said “there is sufficient asset for everybody’s necessities except not voracity” conversely, these days equity is available to the people who can bear the cost of it not to the people who are out of luck. So fundamentally, Pro bono is the way through which legal counselors, NGOs, and other legitimate foundations like these days’ law schools through their regulation understudies attempt to give a legitimate guide to the oppressed ones at zero-cost so equity ought to arrive at all classes.

PRO BONO IN INDIA

The option to free lawful guidance is revered in Article 39A of the Indian Constitution. Part IV (Directive Principles of State Policy), added by the Constitution (42nd Amendment) Act 1976, states that the State is committed to ensuring that the general set of laws gives equivalent equity to every one of its residents. The state should offer free lawful help to people who can’t get equity because of monetary imperatives.

However, it is unavoidably given under Article 39E for the state to ensure equivalent equity to all still India has been far away from the free exercises taken by many nations like the USA, UK, South Korea, and so on. Aside from the established rules, the government has likewise framed another demonstration that is Legal Service Authority Act 1987. This Act permits the middle and state legislatures to set up free lawful guide authority at the middle, state, and region levels. On account of Hussainara Khatoon v. Home Secretary, State of Bihar the Supreme Court held that the right to an expedient preliminary is a right ensured under Article 21 of the Constitution. Moreover, as per Article 22(1) of the Constitution, the denounced for a situation has the privilege to be addressed by any legitimate professional of his decision.

While pro bono work is energized under the Indian regulation, it is laden with challenges. In any case, India’s developing requirement for business lawyers smothers free area improvement. Besides, India’s colossal variety, its liberal regulations, and law concerning legitimate administrations for the oppressed, its enormous populace living in destitution, its set of experiences and current status as a common, vote based, republic and its new monetary development, as well as the assumptions that development has raised, all consolidate to establish a special and testing climate where the free legitimate administration area is creating. There are a few public grievances about the formal overall set of laws, including debasement, legal productivity, and absence of public confidence in the legal executive, all of which prompt casual clash settlement.

CHANGES IN PRO BONO SERVICE

Free Legal Service program which is ‘Nyaya Bandu’ was sent off by Mr. Ravi Shankar Prasad in April 2017. It expects to arrive at each minimized or penniless one through the method for an application and to bring every one of the individuals from the free support of one spot. To additional improve the assistance of free Department of Justice arrived at 25 HCs mentioning them to set up an incorporated board of free legal counselors. By 31st 2020, 502 promoters have been enlisted as naysay band under 14 HCs.

In the wake of making a few strides, the number of members was not pleasant because of an absence of time with the supporters. So to adapt to this Department of Justice chose to permit regulation understudies to help free promoters. Then in June 2020, a module of Pro Bono Club was planned. The graduate school needs to pass 3 rules to get into it. After which DOJ has rebuilt the PB Club report for the FY 2021-21 after noticing the Coronavirus circumstance to more extensive the idea of PB Club in Pan India plan to admittance to equity named ” Designing Innovative Solutions And Holistic Access to Justice (DISHA).”

Regardless of this, the lawful guide framework in India has shown to be ineffectual. The significant obstruction is the serious deficiency of achieved attorneys who will work under the aegis of the Legal Services Authorities. Now and again, attributable to low compensation, attorneys are uninterested in giving skilled lawful help. In particular, attributable to clients being alluded to the attorneys through the Legal Services Authorities, a trust situated and proficient legal counselor-client relationship rarely fructifies. The legal counselors remain incredibly careful as the clients are seen to be pushed onto them and clients will generally have ridiculous assumptions. The way that the legal advisor is being paid for his administration by the Legal Services Authorities causes a client to feel that the promoter owes more noteworthy openness and higher help quality. The legal counselor doesn’t see the expense to be equivalent to the work done and endeavors made.

Free administrations are liberated from such biases. The legal advisors take up free tasks with the readiness and respectable aim to serve. There is a chance for both the legal advisor and the client to survey their similarity. The client is likewise mindful that the legal counselor is working for nothing and with the well-being of the client as a top priority. This prompts the development of common regard, trust, and a strong working relationship. One more significant element that works to the advantage of the free framework is that both the client and the legal counselor have an option to stop the commitment without any inquiries being posed. In the legitimate guide framework, these issues will generally cause a commotion.

Throughout recent many years, authoritative, institutional, and jurisprudential changes in India have given the preparation to the oppressed to get free lawful administrations. Practically speaking, notwithstanding, a couple of associations productively offer these types of assistance, depending on India’s special PIL process for legitimate help.

Additionally, it is to be noted here that, as of now, unfamiliar qualified lawyers are disallowed from addressing free clients under homegrown Indian regulation. Unfamiliar qualified lawyers can, nonetheless, effectively add to free legitimate administrations by contributing exploration and composing abilities in individual cases, as well as by implication, by joining forces with Indian associations to construct limits. The interest for free legitimate administrations in India extraordinarily dwarfs the stockpile, and in, not set in stone, coordinated endeavors by the lawful experts would go quite far towards guaranteeing a lawful guide to the destitute and admittance to equity to all as specified by the Constitution.

NEED FOR PRO BONO SCHEMES

1. Restricted Participation of Law school: As of now, DOJ’s attention is just on the NLUs and Central Universities and dismisses other Law schools. As practically all NLUs climate is corporate for that reason their understudies get away from themselves to enjoy prosecution exercises.
2. The low soul is shown by promoters in these cases: Numerous free promoters show low interest or say put fewer endeavors into these cases because of the absence of acknowledgment.
3. Free plan neglected to arrive at mass: Indeed, even in the wake of going to lengths still, more individuals have no lawful help.

To advance free legitimate administrations, the Department of Justice has done whatever it takes to make a data set of legal advisors who give and will offer free types of assistance with the goal that such legal counselors can be considered for the arrangement to suitable positions. After the judgment of the Supreme Court in Indira Jaisingh v. Supreme Court of India, free work has become one of the passing boundaries for assignment as a Senior Advocate. Rather than giving an obligatory free administration structure that will in general have its entanglements, there is a rising need to facilitate boost free lawful administrations. This will go far in coordinating the way of life of free work in the lawful local area. A sound mix of lawful guides and free administrations will go far in empowering our country to accomplish the much-blessed objective of admittance to equity.

CONCLUSION

In the wake of assessing the free plan and its need, we finish up by saying that DOJs ought to move their concentration from just NLUs and Central Universities to State Universities where numerous understudies themselves come from such foundations that experienced due to non-accessibility of free administrations. Furthermore, DOJs should perceive crafted by the PB advocates by giving them grants, monetary rewards, and so on and last new advances should be taken to arrive at the grass-root level of the issue of free reach.

---

CITATIONS

1. 1979 AIR 1369, 1979 SCR (3) 532.
2. (2017) 9 SCC 766.
3. Pro Bono work: A case for its integration into legal services in India, https://www.scconline.com/blog/post/2018/08/04/pro-bono-work-a-case-for-its-integration-into-legal-services-in-india/ ( Last accessed on 12 July, 2022).

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

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

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

WHAT IS PSYCHOLOGY?

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

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

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

WHAT IS CRIME?

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

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

RELATION BETWEEN THE TWO: CRIMINAL PSYCHOLOGY

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

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

THEORIES ON HUMAN NATURE AND CRIME

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

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

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

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

PURPOSE OF CRIMINAL PSYCHOLOGY

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

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

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

CITATIONS

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

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

INTRODUCTION

Behind today’s Democratic Secular Republic Socialist Sovereign India lies a ton of tumultuous happenings which includes the unification of around 565 princely states and the war between two neighboring countries. The credit for the present date India goes to the nation’s freedom fighters like Sardar Vallabhbhai Patel, Jawaharlal Nehru, and Mahatma Gandhi among many others. A committee headed by B.R Ambedkar drafted the constitution and adopted the same on 26^th November 1949 establishing democracy in India. Indian democracy is a government that is elected by the public of the country to regulate law and order in society and the government is answerable to the general public regarding its action. The Indian government is based on a parliamentary system i.e., the House of Representatives (Rajya Sabha) and House of People (Lok Sabha).

The democracy of India rests on four pillars— Legislature; Executive; Judiciary; and Media. In a democracy, citizens enjoy certain freedoms like professing any religion, practicing any profession, residing throughout any territory of India, forming associations, speech and expression, to assemble in any part of India subject to reasonable restriction. Similarly, internet freedom comes into play to protect one’s digital rights, right to access to information, and freedom from censorship on the internet. Indian government must uphold the rights and freedoms provided to citizens with changing times to ensure democracy in Indian society. Nowadays, Internet Democracy or Digital Democracy (E-Democracy) is used for governance which assures effective participation, equality of decision, clarity of issue, and cyber security issues. As youth believes, the internet is a primary source for any event and its easy accessibility and authenticity make it gain influence over the traditional resources. The minimal issues can be reduced by collective decision and problem-solving, resultantly helping the democracy to work efficiently and smoothly.

FREEDOM OF INTERNET

United Nations of Human Rights Council declared Freedom of the Internet as a human right in the year 2012. Especially an addition was made by the UN in the Universal Declaration of Human Rights Article 19 that everyone has a right to express his/her views on any issue going around via any social media platform disregarding any borderline among nations. Section 32 states the protection and promotion of human rights on the internet. The freedom that one enjoys offline must also be able to enjoy the same freedom online.

In the case of Faheema Shirin v. the State of Kerala,¹ high court concluded that the right to the internet is a part of a fundamental right. It is covered under Article 19 as well as 21 as it constitutes an essential part of one’s life with changing times. It was argued that if one was given the fundamental right to enjoy something, one must also have enough means to fulfill its purpose too. Bansashree Gogoi v. Union of India² reveals how an infinite number of petitions were filed in Guwahati High Court against the internet shutdown in Assam. The court opined the order to be lifted due to inconveniences faced by people in their day-to-day life.

The most recent incident of internet shutdown and mobile connectivity in Jammu and Kashmir in order to ensure security in the state also attracted a dispute. The action of the Home Department of Jammu and Kashmir was challenged by Anuradha Bhasin³ on grounds that no reasons were given while passing orders as required. Further, the order passed was based on agitation that the law and order situation would be damaged. The court believed that the state government has no right to pass any order based on its agitation regarding the maintenance of law and order. The government has pledged to be transparent and answerable to the public, therefore, making it an individual’s right to know. While concluding the case Hon’ble Supreme Court quoted that “Prohibition to the internet is a fundamental right but subjected to certain restrictions.”

The government had shut down internet services in the union territory and when resumed, only 2G services were supplied that led to a lot of hassle as most of the work was being done online due to COVID-19. The court took notice of it and asked the government to form a committee to cater to the situation that would also make regulations keeping in mind the needs of petitioners⁴.

Freedom House was established in the year 1941 and stationed in New York. It’s a governmental organization that aims the promotion of democracy throughout countries of the world. It issues an index showing the freedom of the internet among countries of the world. Iceland (96) topped the list whereas China (10) was at last. Speaking of India, it got a score of 49 out of 100 keeping in mind three indicators i.e., obstacles to accessing the internet, limits provided for content, and violations of user’s rights. India’s rank has been falling for the last two years and yet it has shown no improvement at all.

SOCIAL MEDIA

Social Media is a platform used by people to share their ideas, opinions, suggestions, and information about anything ensuring active participation in decision-making and other issues revolving around the interest of the general public. Social Media was formed to connect people from one person to another in two different corners of the world but with the advancement of technology, the business industry started using it as a medium to reach out to their customers.

In the present-day context, there are over 5.8 billion people around the world using internet facilities. With the existence of COVID-19, the number of users is only going to increase due to the maximum work being done online. Social media gives easy access to information, holding the reasons and answerability of leaders in check regarding issues arising in society. However, everything has its drawbacks; non-regulation of the system leads to the spread of bogus news, targeting minor castes or religions, and resultantly dampens democratic principles.  

Traditional Media and Social Media are two different sources that provide us with information about events that took place around the world. Traditional Media is about the news read in a newspaper or shown on T.V or listened to on the radio with the approval of an editor. On Social Media, the content is shared by any user of apps like YouTube, Twitter, or Facebook which he/she deems fit. Traditional Media offers one-way communication and no interaction among its users whereas new media is a two-way communication that allows the interaction between publisher and user. The internet and social media provide people with social networking and a range of opportunities that help in developing the social skills of youngsters.

SOCIAL MEDIA AND THE INTERNET ENSURE DEMOCRACY

With access to usage of the internet and platform to share ideas, opinions, and suggestions one can use his/her fundamental rights effectively and efficiently. Indian Constitution giving citizens the Right to the Internet under two different fundamental rights itself says a lot about the importance of the internet in the modern world. Article 19 provides Freedom of Speech and Expression to ensure there’s no hindrance to this right, therefore, the government must ensure the means to express the views, suggestions, and ideas must be given by the presence of social media and access to the internet as social media is an internet-based platform. Article 21 provides for the Right to Life and Personal Liberty ensuring the usage of the internet is important for one’s day-to-day life, the internet services, and their speed must meet the level so that no issues arise.

The presence of social media and the internet has two aspects related to the democracy of India— It provides assurance to the general public that their voice is being heard and government can also provide clarity of policy and reasons behind their actions. Discussion among people can easily help with problem-solving, the flow of information about elections, and assets and liabilities of candidates. It allows people to share their opinions but conflicting opinions can lead to hate comments or massive trolling. During elections, candidates may give speeches related to ethnic origin or caste, or religion for vote bank from that particular minority. To limit the spread of bogus information, social media platforms must be held liable for the contents posted on their sites and the government should also form new laws keeping in mind the problems that arise with the usage of the internet and social media.

CONCLUSION

Social media and usage of the internet are important to one’s life but excess of anything is harmful. Therefore, the freedom given must be with reasonable restrictions. Censorship is one of the main solutions to the problem of the spread of bogus news, anything that violates principles mentioned in the preamble, and many other issues. Yet, people are still divided on the issue of censorship. Some people support censorship as it restricts unlawful behavior, censoring influential content can help in the prevention of publicizing content that may be offensive. Whereas censoring content may also violate privacy, it may restrict the content that other people may not deem offensive or the uncensored content may be inappropriate. It may lead to a loss of originality in one’s content.

---

CITATIONS

¹ WP (C) No. 19716 of 2019 (L).

²  2019 SCC OnLine Gau 5584.

³ Anuradha Bhasin v Union of India, AIR 2020 SC 1308.

⁴ Foundation for Media Professionals v. Union territory of Jammu and Kashmir (2020) SCC online SC 453.

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

INTRODUCTION

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

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

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

VARIOUS PRINCIPLES OF SUSTAINABLE DEVELOPMENT

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

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

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

SUSTAINABLE DEVELOPMENT AND INDIA

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

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

THE ROLE OF THE INDIAN JUDICIARY

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

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

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

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

NATIONAL GREEN TRIBUNAL

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

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

SUSTAINABLE DEVELOPMENT GOALS (SDGS)

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

FULFILMENT OF SUSTAINABLE DEVELOPMENT GOALS BY INDIA

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

CONCLUSION

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

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

---

CITATIONS

¹ The Constitution of India 1950, art. 21.

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

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

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

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

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

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