Is Preamble a part of Constitution? Can the Preamble be amended under Article 368?

BACKGROUND

The Constitution of India begins with a Preamble . Preamble in the Constitution is a part of the Constitution but it is not enforceable by courts. The Preamble is non-Justifiable that means courts cannot pass any orders against the Government of India to implement the ideas in the Preamble. The Preamble to the Indian Constitution is based on the “Objectives Resolution”, drafted and moved by Pandit Jawaharlal Nehru on 13th December,1946 and adopted by the constituent assembly on 26th November,1949 and came into force on 26th January,1950 celebrate as the Republic day in India The three new words which has been added by 42nd Constitutional Amendment Act on 22/01/1976 are – Socialist, Secular and Integrity. The American Constitution was the first to begin with a Preamble. Liberty, Equality, Republic and Fraternity was adopted from French Revolution 1789-1799. Also the term Justice, Social, Economic and Political was been adopted by Russian  Revolution 1917. The Preamble can be preferred to as the preface with highlights the entire Constitution. Sovereign- It means free to follow internal and external policies. It states that India is neither Dependent nor a Dominion of any other Nation. There is no authority above it. The term “WE THE PEOPLE” in the Preamble states Popular Soverignty. Thus, Soverignty lies ultimately with the people of India. Secular-It means no particular religion is preferred to be followed. The state has no official religion. It also means the state shall not discriminate any citizen in any way on the basis of religion.

  • Securalism is a part of basic structure of the Constitution. The word „Secular‟ was not originally present in the Preamble. It was added thereto by the 42nd Constitutional Amendment Act in 1976. . The Supreme Court in this case held that Secularism was an integral part of basic structure of the Constitution. Socialist-It means no concentration of power and money. It was added after 42nd Constitutional Amendment Act,1976. The Constitution had a Socialist content in form of certain Directive Principle of State Policy.  
  • Democratic-The word “DEMOCRATIC” is deived from the Greek work “DEMOS” which means “PEOPLE” and “KRATOS” means “Authority”. The famous  principle of Abrahim Lincoln(18091865) who laid down Government of the people, By the people and For the people. The people of India elect their Governments at all levels i.e “ONE MAN ONE VOTE” . There are lot of efforts to take democracy to the roots through Panchayats and Municipalities (73rd Constitutional Amendment Act, 1993 insertion of ARTICLE 243 to PART IX and 74th Constitutional Amendment Act,1992 had introduced a new Part IXA which deals with Municipalities in ARTICLE 234P to 243ZG. This is also known as Nagarpalika Act). The Supreme Court held that „Democracy‟ as a basic feature of the Constitution.
  • Republic-The word  “REPUBLIC” is derived from “RES PUBLICA which means “Public Property” in our Preamble it indicates that India has an elected head called as THE PRESIDENT. It means vesting of Political Soverignty in the people.

THE PREAMBLE REVEALS FOUR BASIC INGREDIENTS:

  • Source of authority of the Constitution : The Preamble states that the  Constitution itself derives its authority from the People of India.  
  • Objectives of the Constitution : The Constitution of India signifies Justice, Liberty, Equality and Fraternity as the objectives.
  • Nature of the Indian State : It declares India as a Soverign, Republic, Democratic, Secular and Socialist polity.
  • Date of adoption of the Constitution : The Constitution of India was adopted on 26th November 1949 and came into effect on 26th January 1950.

 

MEANING AND CONCEPT :

The term “Preamble” means the introductory part to the statue of the Constitution. The Constitution opens with a Preamble.Initially The Preamble was drafted by  Sh. B.N Rau in his memorandum of 30/05/1947. The Preamble contains the fundamentals of of the Constitution. In the famous case of “A.K GOPALAN VS STATE OF MADRAS‟  it was contended that the preamble to our constitution which seeks to give India a “Democratic‟ Constitution should be the guiding start in its interpretation and hence any law made under ARTICLE 21 should be held void if it offends the principles of Natural Justice for otherwise the „Fundamental‟ Right to life and personal liberty would have no protection. Thus, the source of  the Constitution are the people themselves from whom the Constitution derives its ultimate law or rule. The Preamble lays emphasis on the principle of Equality which is a basic feature or structure of the Constitution. The Preamble contains highest values and ideas for which India stands. Earlier Preamble was not regarded as a part of the Constitution . It was considered as key to the open Constitution. The eminent Jurist N.A Palkhivala stated that “Preamble as the “identity-card” of the Constitution.

OBJECTIVES ENSHRINED IN THE PREAMBLE:

  • Justice : The term “JUSTICE” in the Preamble embraces three distinct forms- Social, Economic and Political, secured through various provisions of  Fundamental Rights and Directive Principles. Justic promises to give people what they actually entitled to in the terms of basic rights.
  • Equality : The term “EQUALITY” means absence of special previleges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination. It is incorporated in Article 14 of our Indian Constitution. All the citizens of India should be treaty equally and extended equal protection of law without any discrimination based on Caste, Sex, Creed, Birth and Religion. Similarly Equality of opportunities implies that regardless of socio-economic situations  into which one is born. Equality is a basic feature of the Constitution.
  • Fraternity, Dignity, Unity and Integrity : Fraternity means sense of Brotherhood. It assures the dignity of an individual. The expression “UNITY AND INTEGRITY OF THE NATION” has been substituted by 42nd Constitutional Amendment Act, 1976 to the Preamble of the Constitution .The Fundamental duties (Article 51A) states that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transceding religious, linguistic, religional or sectional diversities. In the Background of India the framers of the Constitution were very  much concerned about the Unity and Integrity of our Independent Country. Pandit Jawaharlal Nehru expressed Fraternity in his words as “ The only possible, real object we, in common with other nations, can have is the object of cooperating in building up some kind of word structure, call it in one word, call it what you like”.
  • Liberty : Liberty is an essential attribute of a free society  that help in fullest development of individuals. Liberty consists of the social, political and economic freedoms. It usually means freedom to do something.  

AMMENDABILITY:

Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976 respectively.   

The Preamble has been amended only once so far, 1976 by the 42nd Constitutional Amendment Act where it had added three words in the Preamble of Indian Constitution. Socialist, Secular and Integrity. The Supreme Court in the famous case Keshavananda Bharati vs State of Kerela(1973) held that preamble is the integral part of Indian Constitution so it can only be amended to the subject of the condition so that it won’t destroy the Basic Feature of our Indian Constitution. Article 368 deals with the Powers of the Parliament to amend the Constitution and procedure therefor. 368(1) It states Procedure through which Parliament can amend by way of addition, variation or repeal of any provision of the Constitution in accordance with the procedure laid down in this Article. Article 368 mentions two important things:

  • Procedure for amendment and
  • Methods of amendments.

PURPOSE OF THE PREAMBLE

The purpose of the Preamble serves two purpose:

  1. A) It indicates the source from which the Constitution derives its authority;
  2. B) It also states the objects which the constitution seeks to establish and promote.

The Debated topic as Whether Preamble is a part of Constitution or not. It was decided in five Constitutional Landmark Judgements.

 

  • I.C Golakhnath And Ors v. State Of Punjab

 

Court Verdict : Fundamental Rights cannot be diluted or abridged.

The family of Golaknath held over 500 acres of farmland in Jalandhar, Punjab. In that phase of 1953 Punjab Security and Land Tenures Act, the State Government held that the Golaknath family could keep only 30 acres each. A few acres would go to the tenants and rest was declared “Surplus”. This was challenged by Golaknath family in the Court.

This was challenged by Golaknath’s family in Supreme Court. Here the family filed a petition under Article 32 challenging the 1953 Punjab Act on the ground that it denied them their Constitutional rights to acquire and hold property and practice any profession (ARTICLE 19(f) and ARTICLE 19(g)) and ARTICLE 14 Equality before Law and Equal protection of Law. They also sought to challenged 17th Constitutional Amendment Act which had placed Punjab Act in 9th Schedule declared Ultra Vires. The Court ruled that Parliament could not violate any of the Fundamental rights in the Constitution. The conflict between parliamentary power and judicial protection of Fundamental rights took the final shape in this case. The opinion in Golaknath was rendered by a thin majority of six to five which held that amendmend under ARTICLE 368 of the Constitution was an ordinary law within the meaning of ARTICLE 13(2) of the Constitution. Therefore amendments either under ARTICLE 368 or under other articles are only made by Parliament following the legislative process and are „law‟ for that purpose in ARTICLE 13(2).  The majority judgement in Golaknath case held that the power to amend the constitution was not in ARTICLE 368. It merely provide the procedure to amend the Constitution. According to ARTICLE 13(2) the parliament cannot make any law that abridges the Fundamental Rights‟s contained in PART III of the Indian Constitution . Parliament passes the 24th Constitutional Amendment Act,1971 to refrain the Supreme Court Judgement. Chief Justice Subba Rao held that “ The Preamble to an Act sets out the main objectives which the legislation is intended to achieve”. However, in Keshavananda Bharati Case,1973 the Golaknath Case was overuled.

.

 

  • Keshavananda Bharati v. State Of Kerela

 

Verdict : Parliament can ament any part of the Constitution but could not destroy it’s Basic Feature.

In The Supreme Court of India had outlined the basic structure Doctrine of the Constitution. The Supreme Court rejected the earlier option of Golaknath Case and held that Preamble is a part of the Constitution. The majority 13 Judges Constitutional bench 7:6 , 68 days hearing while upholding the amending power under the 24th Constitutional Amendment Act by relying on the principles of implied limitations of amending power  . It was decide that the amending power of the parliament is distinct from legislative power and this powers wide enough to reach each and every part of the constitution and the parliament has no power to alter the „basic structure‟ of the Constitution. „BASIC STRUCTURE‟ was interpreted to include the Supremacy of the Constitution, The Rule of Law,

Independence of the Judiciary, Doctrine of Separation of Powers, Federalism, Secularism, Sovereign Democratic, The Parliamentry system of Government, The Principle of Free and Fair Elections , Rule of Law and Welfare State. The judgement of this case has to be considered as the greatest contribution of Supreme Court to Constitutional Jurisprudence. The doctrine of  basic structure which is not mentioned in the Constitution has implied the concept on the power of parliament to amend the Constitution. Justice Sikri observed that: a) Preamble is the source of the Constitution viz the people of India.

  1. b) It declares Fundamental Rights and Freedom which the people of  India intended to secure.
  2. c) Preamble is a part of  Indian Constitution but it is neither a source  of any power nor a limitation there on. Later on some more features are added by Supreme Court –

d )   Power to review by Courts.

  1. e)    Dignity of Individual and Right to Livelihood.
  2. f)    Right to Freedom of Religion.

However, it held  that Preamble is a intergral part of the Indian Constitution .  The Preamble was relied on in imposing implied limitations on amendment under ARTICLE 368.  Preamble can be amended but the „basic feature‟ of the Preamble cannot be amended. Amending power cannot change the Constitution. All the thirteen Judges held that 24th, 25th and 29th Amendment Acts were valid.  

 

  • Minerva Mills v.  Union Of India

 

Court Vedict : A law under Article 31c would be protected only if it is made to implement Directive Principles of State Policy in Article 39(b). Minerva Mills was a textile Industry in the State of Karnataka engaged with massive production of silk clothes. On 20st August 1970 the Central Government appointed a committee under  Section 15 of Industries (Development and Regulation) Act, 1951. On 19th October, 1971 The Central Government empowered National Textile Corporation Limited to take over the management of Minerva Mills under Section 18A of the 1951 of this Act. This was challenged by 42nd Constitutional Validity Amendment Act, 1976. Here it was arise the amending power of the Constitution either it is limited or there is inherent limitation. The Judgement was divided in 4:1 Judges.  Therefore the Supreme Court held that the scope of ARTICLE 368 is just to amend the Constitution not to alter the basic structure of the Constitution and also held Sections 4 and 55 of the 42nd Constitutional Amendment Act, 1976 is Unconstitutional. The Supreme Court also laid down strict terms between Directive Principles of State Policy and Fundamental Rights.

 

  • Re:Beru Bari Union v. Union Of India

 

Court Vedict : The Supreme Court stated that executive has no power to enter into an agreement related to give up of a Territory without  any Constitutional amendments.

Beru Bari is a small group of village in Jalpaiguri district of West Bengal which falls under  two stations Bodo and Jalpaiguri. In 1952, Pakistan tried to exploit the Boda station. At that time Prime Minister Jawaharlal Nehru decided to have an agreement with Pakistan regarding Berubari splitting into two parts. President Rajendra Prasad decide to bring the matter to the Supreme Court of India. In this case Beru Bari was questioned wether the premises of the Preamble was a part of Constion or not ? This case was filed challenging the division of  BERU BARI UNION contained in Article 3 of the Indian Constitution i.e Parliament can form new states, Alteration of areas, Boundaries or change the name of states. But the Central Government gave a territory to Beru Bari Union (WEST BENGAL) to the Pakistan. In reply The Supreme Court made a decision that, Centre cannot give a territory to any Country without amending the Indian Constitution. In 1960, A EIGHT Judges Bench held that “Preamble is not a Part of Indian Constitution”. This famous case was overruled in Keshavananda Bharati case which held that” Preamble is a integral part of Indian Constitution” .

 

 

  • Union Of Government v.  Lic Of India

 

In this case, Supreme Court of India has once held that Preamble is an integral part of the Constitution.  

  1. S.R Bommai v.  India

On 11th March, 1994 a Nine Judge Constitutional Bench held that Preamble indicates the Basic structure of the Constitution. The verdict was concluded that the power of President to dismiss a state government is not limited. This case put an end to the arbitrary dismisaal of State Government by the hostile of Central Government.

Can The Preamble be amended under Article 368?

This question was arised for the first time in The Hon‟ble Supreme Court in the very historic case, Keshavananda Bharati vs State of Kerela. Before this case, The Hon‟ble Supreme Court heldthat Preamble is not the part of Constition hence it cannot be amended but later on Beru Bari case was overruled by Keshavananda Bharati case. So far, Preamble was amended only once on 18th December 1976 during the Emergency in India  that was 42nd Constitutional Amendment Act, 1976 which inserted the following words- “Secularism, Socialism and Intergrity” in the Preamble. Any part of the Constitution may be amended but the Basic Structure of the Constitution cannot be amended. The Preamble is used to interpret the provisions of the Constitution in case of matters related to disputes. The Preamble itself provides short summary of the Constitution. On the question majority held that since The Preamble is a part of Indian Constitution thus, it can be amended under Article 368 but the amendment is subject to certain conditions which cannot alter the Basic Structure of the Constitution. .

ROLE OF PREAMBLE IN THE JUDICIAL INTERPRETATION OF CONSTITUTION :

Though the Preamble to The Constitution of India reflects the Basic Structure and the spirit of the Constitution.It represents the entire Constitution in its introductory part. The Preamble proclaims the solemn resolution of the people residing in India. Preamble is the legislation in a nutshell. The salient features of the the Constitution has evolved directly or indirectly in from these objectives enshrined in the Preamble. It also serves as the Protector of the Constitution. The Preamble is so important that it holds the strength of Unity among all. Preamble can be seen to have both contextual and a constructive role in statutory interpretation. Constitution is a living organ so its interpretation is permissible.

Conclusion: To conclude, it won‟t be wrong to say Preamble serves as the spirit behind The Constitution of India. The Preamble assures social, economic, and political justice , liberty of though and expression, belief anf faith, eliminate inequality among all and to provide dignity of every individual. Thus, the Basic Structure of the Constitution should not be alter because it promotes Unity , Equality and Freedom. We regard THE CONSTITUTION OF INDIA as the Supreme Law of our Country. Our Constitution is the World’s longest written Constitution which contains 448 ARTICLES, 25 PARTS and 12 SCHEDULES. So far, there are 103rd Constitutional Amendments and 124th Constitutional Amendment Bill . Thus, the Preamble is regarded as the backbone of our Constitution.

” बचपन “

ना रहने को छत ,

ना पीने को पानी ,

ना खाने को अन्न,

ना पढ़ने के लिए पैसे,

अनगिनत हैं इनके गम!

मजबूर हैं ये औलादें भीख मांगने को,

मजबूर हैं ये औलादें रातभर तड़पने को….

फर्ज़ बनता है जनता का ,

इनके दुःख को दूर करने का…..

खुदा भी रो पढ़ेगा इनके हालात देख कर!

मदद वाले जब लाखों हाथ आगे आएंगे ,

खुद की तस्वीर ये वंचित बदलते हुए देखेंगे..

जब बदलेगी इनकी तस्वीर, तब बढ़ेगा ये देश…..

Penned by – RADHIKA DHASMANA

CHOKED

Plastics have been engulfing the world since past few years. It is being used by all of us in our day to day life. It is non- biodegradable and it remains in the same condition as we throw them. We cannot burn them else ,they emit harmful chemical gases like carbon dioxide, carbon monoxide methane , etc. These gases add to greenhouse effect and pose danger to the environment. They also give birth to the breathing problems.

The plastic waste blocks pipes and sanitary lines leading to the coming of dirty water out of them with the foul smell. The consequence is that diseases like malaria affect millions.
The most common plastic is POLYETHYLENE TEREPHTHALATE (PET) which is used to make soft –drinks and water bottles. If these bottles are not filled with air they sink and create a mess. The plastic waste generated by the factories is another challenge. MCD had sealed 100 illegal factories who were dealing in plastic waste.

People throw the plastic in the garbage and anywhere in the open. It is moved by the wind and reaches the ocean, further disappearing. Now where is this plastic going? They sink in the ocean and seas. The aquatic life is trapped in them. The plants and the aquatic animals like fishes and whales die due to this harmful plastic. They engulf them ,thinking it’s food. But in reality it’s the hole of death from where they can never come out.

People throw the plastic in the garbage and anywhere in the open. The animals feed on the leftovers along with the plastic which is stuck to it ; resulting in their death. It gets stuck in their throat making them breathless.
The situation seems to be going out of hands but it can be controlled by taking proper and immediate measures.

The four ‘R’s should be applied by all i.e. Recycle, Refuse , Reuse and Reduce. The plastic should be replaced by paper bags , use reusable water bottles, coffee mugs and bags , in the plastics should be refused by the people ,people must gather and talk about the solutions , micro beads should be avoided, etc.
Recently, a fisherman who lives in Kozhikode district of Kerela saw the information on facebook regarding plastic pollution in the sea. He called sea his home and told that he cannot see his home sinking into plastic. The plastic was not less as what he had thought. It was much more than what a single person could handle. He has approached the Azhiyoor Grama Panchayat to help him in removing the plastic from deep sea. His work has been appreciated by the masses and is a source of inspiration.
When the masses will turn up together, the planet will be stopped from choking on plastic.

Penned by – RADHIKA DHASMANA

Violance Against Women

IF ALL MEN ARE BORN FREE THAN HOW COULD WOMEN ARE BORN TO BE SLAVES?

Violence against women in India refers to physical or sexual violence committed against indian women, typically by a man. It is an issue regarding economic development, educational, human rights and heath which impact ranges from immediate to long-term multiple physical, sexual and mental consequences for women and girls, including death. Violance against women is continuing since the Ancient period of Mahabharat which portrays the violence against Dropati. Indian Society has always revered women.Many female deities Goddess Saraswati, Laxmi, Durga, Kali are worshipped across the whole over India. On other side, the system of patriarchal system is continuing since Rig Veda. Women suffer this and remain silent because she is to be discriminated among the society, she can’t speak or stood up against the crime she is been suffering, she is afraid because of the customs laid by our society. The position of women in Indian Constitution is very wide.Over the past two decades,Violence against women is increasing and had came to be understood as a form of discrimination and violation of women’s Human Rights. The obligation to enact laws to address violence against women, is now the subject matter of a comprehensive legal and policy framework at the International, National and Regional levels. The constitution guarantees that all citizens of India (including women) have the fundamental right to live in peace and harmony where it is a global issue which has an impact in our society. Such violances has devastating effect on the lives of victims, their famalies and also communities. The worth of a civilization can be judged by the place given to women in the society. One of several factors that justify the greatness of India’s ancient culture is the honorable place granted to women. They were deprived of their Rights of Equality with men.There is no denying the fact that women in India had not made a considerable progress in the last seventy five years of India independence but yet they have to struggle against many handicaps and social evils in the male dominated society. In a society where women thrive to be equal to men in all spheres, it has become important to provide them a safe environment which is free from discrimination and violence. This is possible in the presence of strict laws against violence and due cooperation of the society. It Is high time that the women are not treated as commodities of use subjected to inhuman brutality but are respected as they stand flesh and bones demanding an equal stature as the other gender. Violance against women is a global issue which has an impact in our society. Such violances has devastating effect on the lives of victims, their famalies and also communities. The worth of a civilization can be judged by the place given to women in the society. One of several factors that justify the greatness of India’s ancient culture is the honorable place granted to women. They were deprived of their rights of equality with men. There is no denying the fact that women in India had not made a considerable progress in the last seventy five years of India Independence but yet they have to struggle against many handicaps and social evils in the male dominated society. In this advanced era of feminism when it’s agenda stresses on key concepts of individuality and embracing women hood, the prevailing scenes of violence against women threatens to topple the pillars on which the entire notion of feminism is based. Wives(Women) are considered as better half and religious partners of their husband which means the half part of a man belong to his wife. A Girl after getting married she changes her Name Title from her father’s princess she turns out to be the savior of a family, she sacrifices her happiness and remain silent, she also try to find her happiness in her new home even after after she needs to suffer. Apart from these there are some peoples who still exists while saying A Girl child is being a burden towards the family so its better to abort the baby it is because there is lack of knowledge that in Today’s world a girl can do everything just she need support and love to care for her effort to overcome. The increasing numbers of rapes includes cases against minors such as the recent case in KATHUA RAPE CASE portrays the brutality the women in the society face characterized by heinous acts that ashamed humanity as a whole. These acts take the form of rapes, harassment, trafficking and numerous other crimes that the pertaining government laws have failed to cease. The cause behind this mainly revolve around patriarchal norms of the society. These norms have internalized the ‘vulnerability’ of women in the society. Women are continued to be treated as inferior by men, completely ignorant of the safeguards the the law provides to women. In such a scenario, the violence against women increases unhindered and worse affected by the patriarchal perception. Therefore it is the need of the hour to subvert the patriarchal regime of the society and kindle the essence of gender equality and respect towards women among the men parallaly the women must be aware of the laws that protect them against violence and encourage them to overcome the social obstacles to raise their voice against violence. The lack of security in this case accounts to the 99% cases of volume that remains unreported. Although the women in the North East are believed to enjoy a safer environment than the rest of India, the records have shown a contradictory outlook. Assam ranks second to Delhi in the higest rate of crimes against women in India with reported cases of rapes, acid attacks , and other forms of abuse. The State of Meghalaya which as a matriarchal society was presumed to be safe against such violence has also reported increasing numbers of cases of violence against women in last decade. This has called for better preventive measures and women empowerment in these regions.
In a society where women thrive to be equal to men in all spheres, it has become important to provide them a safe environment which is free from discrimination and violence. This is possible in the presence of strict laws against violence and due cooperation of the society. It Is high time that the women are not treated as commodities of use subjected to inhuman brutality but are respected as they stand flesh and bones demanding an equal stature as the other gender.

CASE LAW :- The Kathua rape case refers to the ABDUCTION, RAPE, and MURDER of an 8-year-old girl, Asifa Bano, in Rasana village near KATHUA in JAMMU AND KASHMIR in January 2018.
Three main accussed-Sanji Ram, Deepak Khajuria and Parvesh Kumar were found guilty under sections of RBC i.e Ranbir Penal Code hence IPC Indian Penal Code is not applicable in the state of J&K. They has been sentenced with –
• SEC 302 (MURDER),
• SEC 120B (CRIMINAL CONSPIRACY),
• SEC 376D (GANG RAPE)
• SEC 363 (KIDNAPPING) &
• SEC 328( CAUSING HURT BY MEANS OF FEEDING POISION)
CONSTITUTIONAL RIGHTS AND LEGAL RIGHTS
The rights available to woman in India can be classified into two categories.
The Constitutional rights – The constitutional rights are those which are provided in the various provisions of the constitution.
The legal rights- on the other hand, are those which are provided in the various laws (acts) of the Parliament and the State Legislatures.
Where the Constitution had declared that their should be equal respect and status for women than why there is lack of provisions for women. Due to lack of Rule of Law and their enforcement such offences like Rape, Acid Attack, Domestic Violance, Eve Teasing , Prostitution, Dowry Death, Bride Burning etc are still going on and also there is lack of Good Governance which bring a major threat towards the development of our country. Our Country will only develop if we start treating Equally not on Gender-based. The criminals are feeling secure and without any shame they literally use to commit such shameful Act. While being a responsible citizen I being a girl feel unsafe but today I must say the Laws are made for us, to protect us from offences and promote us justice when needed. Their should be strict punishment and death penalty for Rapist The Law is generally served for the two purposes-
1.Protecting Victims from Violance and promoting Justice
2. Preserving the harmony among the citizens.
The United Nations General Assembly has designated November 25 as the International Day for the Elimination of Violence Against Women. The premise of the day is to raise awareness of the fact that women around the world are subject to rape, domestic violence and other forms of violence; furthermore, one of the aims of the day is to highlight that the scale and true nature of the issue is often hidden. For 2014, the official Theme framed by the UN Secretary-General’s campaign UNITE to End Violence against women. Gender-based violence (GBV) or violence against women and girls (VAWG), is a global pandemic that affects 1 in 3 women in their lifetime. The numbers are staggering:
35% of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence.
Globally, 7% of women have been sexually assaulted by someone other than a partner.
Globally, as many as 38% of murders of women are committed by an intimate partner.
200 million women have experienced female genital mutilation/cutting
http://www.worldbank.org/en/topic/socialdevelopment/brief/violence-against-women-and-girls
The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women.
http://www.legalserviceindia.com/laws/women_issues.html.
RESPONDING TO THE VICTIMS / ROLE OF POLICE

The first primary role of an Inspecter is to understand that Everyone is equal and to protect their rights as well as to respect them is their primary objective. Their should be an lady Police Officer to under the needs and privacy of women and the current position she is been suffering . The Police officer should response to the victims politely and should make them feel secure and comfortable .It also also a duty of a Police officer to design a safety plan for the victim as well as for her family. Police are regarded as the frontline of criminal justice system. They are often called upon investigation of the criminals when an act of violence is been committed against the victim. They are confronted by victims, offenders, witnesses and various forms of evidence.

CONSTITUTIONAL PROVISIONS

The Fundamental rights which are enshrined in PART-III of the Constitution of India (Art.12-Art.35) which are applicable to all the citizen residing in India.
Art 21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

CASE LAW :- In Bodhisathwa Gautam v. Subra Chakraborty case The Apex Court held that Rape is a crime against basic human rights and ia also a violative of the victims who cherished of Fundamental Rights, normally the Right to live life contained in Art.21 states women also have the right to life and liberty , they also have the fundamental right to be resepected and treated as equal citizen also they have right to lead an honourable and peaceful life.

CASE LAW:- In Vishakha vs. State of Rajasthan https://en.wikipedia.org/wiki/Vishaka_Guidelines
The Supreme Court passed a landmark judgment in the same Vishaka case laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment.Vishaka Guidelines were stipulated by the Supreme Court of India, in Vishakha and others v State of Rajasthan case in 1997, regarding sexual harassment at workplace. The court stated that these guidelines were to be implemented until legislation is passed to deal with the issue.[1]
The court decided that the consideration of “International Conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein.”

The state is required to ensure that the health and strength of women workers are not abused and that they are not forced by economic necessity to enter avocations unsuited to their strength [Article 39(e)].
The state shall make provision for securing just and humane conditions of work and maternity relief [Article 42]
It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women [Article 51-A(e)].
One-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women [Article 243-D(3)].
One-third of the total number of offices of chairpersons in the Panchayats at each level shall be reserved for women [Article 243-D(4)].
One-third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women [Article 243-T(3)].
The offices of chairpersons in the Municipalities shall be reserved for women in such manner as the State Legislature may provide [Article 243-T(4)].
Legal Rights to Women:
1. Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation to protect women in India from all forms of domestic violence. It also covers women who have been/are in a relationship with the abuser and are subjected to violence of any kind—physical, sexual, mental, verbal or emotional.
KINDS OF DOMESTIC VIOLANCE-

 Dowry Death
 Cruelty AGAINST Women
 Hurt & Grievous Hurt
 Abetment to commit Suicide
 Sexual intercourse during the period of Judicial Separation
 Wrongful confinement

2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention of trafficking for commercial sexual exploitation. In other words, it prevents trafficking in women and girls for the purpose of prostitution as an organised means of living.

3. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any time after the marriage from women.

4. Maternity Benefit Act (1961) regulates the employment of women in certain establishments for certain period before and after child-birth and provides for maternity benefit and certain other benefits.

5. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (1994) prohibits sex selection before or after conception and prevents the misuse of pre-natal diagnostic techniques for sex determination leading to female foeticide.

6. Equal Remuneration Act (1976) provides for payment of equal remuneration to both men and women workers for same work or work of a similar nature. It also prevents discrimination on the ground of sex, against women in recruitment and service conditions.

7. Muslim Women (Protection of Rights on Divorce) Act (1986)protects the rights of Muslim women who have been divorced by or have obtained divorce from their husbands. According to Sec. 2(viii) of The Dissolution of Muslim Marriage Act, 1939 “cruelty” means-
a. Habitually offending the wife or ill treating her
b. Forcing wife to lead immoral life
c. Disposing of wife’s property without her consent
d. Not allowing to practice religious practice

8. Family Courts Act (1984) provides for the establishment of Family Courts for speedy settlement of family disputes.

9. Indian Penal Code (1860) contains provisions to protect Indian women from dowry death, rape, kidnapping, cruelty and other offences.

10. Code of Criminal Procedure (1973) has certain safeguards for women like obligation of a person to maintain his wife, arrest of woman by female police and so on.

11. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain specified grounds. It provided equal rights to Indian man and woman in respect of marriage and divorce. According to Hindu Marriage Act Sec 13(1)(a) defines Cruelty is a legal ground for divorce. Since the term cruelty is not defined in this Act but it is taken to mean an offence which acts of physical as well as mental cruelty.

12. Hindu Succession Act (1956) recognizes the right of women to inherit parental property equally with men.

13. The following other legislation’s also contain certain rights and safeguards for women:
• Employees’ State Insurance Act (1948)
• Plantation Labour Act (1951)
• Bonded Labour System (Abolition) Act (1976)
• Legal Practitioners (Women) Act (1923)
• Indian Succession Act (1925)
• Indian Divorce Act (1869)
• Parsi Marriage and Divorce Act (1936)
• Special Marriage Act (1954)
• Foreign Marriage Act (1969)
• Indian Evidence Act (1872)
• Hindu Adoptions and Maintenance Act (1956).
Sec. 469 IPC : Forgery for purpose of harming reputation
Sec. 499 IPC : Sending defamatory messages by e-mail
Sec. 500 IPC : E-mail abuse
Sec. 503 IPC : Sending threatening messages by e-mail
Sec. 506 IPC : Punishment for criminal intimidation
Sec. 507 IPC : Criminal intimidation by an anonymous communication
CYBER CRIME AND THE INFORMATION TECHNOLOGY ACT(IT)
Section 43 – Penalty and Compensation for damage to computer, computer system, etc
Section 65 – Tampering with Computer Source Documents
Section 67B – Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form
Section 67 – Punishment for publishing or transmitting obscene material in electronic form
Section-66F Cyber Terrorism
Section 66E – Punishment for violation of privacy

1. Dowry deaths
Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making women’s homes the most dangerous place for them to be. Dowry deaths are found predominantly in India.
https://en.wikipedia.org/wiki/Dowry_death

2. Acid Attacks (Sec 326A,326B)
Section 326 A in the Indian Penal Code
Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine

Section 326 B in the Indian Penal Code

Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent of partial damage or deformity of burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for aterm which shall not be less than five years, but which may extent to seven years and also be liable to fine.

3. Women trafficking (Sec 370,370A,372,373)
Section 370 in The Indian Penal Code
Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d) transfers, or (e) receives, a person or persons, by—
using threats, or
using force, or any other form of coercion, or
by abduction, or
by practising fraud, or deception, or
by abuse of power, or
by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received,
commits the offence of trafficking.

4. Outraging Modesty of Women (Sec 354 IPC)
Section 354 in The Indian Penal Code
The law under sec.354 makes it a special crime to use force against a woman, or even threaten to use force, if the intention is to ‘outrage her modesty’. It treats it more seriously than normal and criminal force by allowing the police to make arrests for such crimes without a warrant.

5. Protection of Children from Sexual offences (POCSO) Act, 2012, which has come into effect from 14th November, 2012 is a special law to protect children from sexual abuse and exploitation. It provides precise definitions for different forms of sexual abuse, including penetrative and non-penetrative sexual assault, sexual harassment

Sections 326A, 326B, 354, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376B, 376C, 376D and 509 have been amended and inserted by The Criminal Law(Amendment) Act, 2013

JUDGEMENTS RELATED TO WOMEN

1. Victim of rape undergoes traumatic experience with which she has to live for rest of her life – Highly unrealistic to compare cases of rape with offence of murder – In a sense, offence of rape can be said to be graver than that of murder.(Bombay) – https://bit.ly/2WZrbRg
2. Prosecutrix made 529 calls to accused after date of rape and before filing of complaint – Act of making so many repeated calls is not consistent with allegations.(Delhi) – https://bit.ly/2I6XK7j
3. Depriving woman of income – Is economic abuse – Amount to domestic violence.(Bombay) – https://bit.ly/2IbvSzf
4. Unless undisputed evidence is produced by husband clearly establishing that wife is gainfully employed relief of interim maintenance cannot be declined.(Delhi) – https://bit.ly/2F5mrzd

“HER INVISIBLE PAIN”

The biggest challenge for the country nowadays is RIVER GANGA. The holy river has been struggling against the pollution caused to it and it seems as she ‘s dying. Every year there are some or the other festivals where river Ganga is worshipped. With the origination from the Himalayas , the river Ganga drains into the Sunderban’s delta in Bay Of Bengal. Having the length of 96km in Uttarakhand ,the river emerges from Devprayag and exists in Haridwar.

Millions of pilgrimage take a holy dip in Ganga with a belief that all their sins would be washed off. But did anyone wonder who will wash Ganga ’s dirt. Humans are neglecting the fact that it is they , who are spoiling the beauty and purity of the river !! Dumping of the city garbage, human excreta , agricultural waste , industrial waste, community bathing, social and religious practices ,etc has made the river a filthy one. According to the reports, in 2017 the level of BOD (Biochemical Oxygen Demand) was extremely high. BOD is the amount of oxygen needed by the biological organisms to break down non- essential organic matter which is present in the river. More the BOD , more will be the oxygen depletion. On the other hand, when DO (Dissolved Oxygen) is high , the water is less polluted. Hence, when the pollution increases it is used to reduce it.

G.D. Aggarwal , a prominent environmentalist was once professor at IIT Roorkee. He sacrificed hiss profession to save Ganga. He was on fast for 112 days and died on 11 October ,2018. His motive was to prevent the Ganga from turning into black from blue. He had demanded that the government ensured the uninterrupted flow of Ganga. If there are more people like him then our holy river can be saved from getting black. The water of the river is now unsafe for irrigation purposes and also for domestic purposes. Ronald Barrett once said :
” POLLUTION IN GANGA IS LIKE OIL IN WATER .”

The pollution can be seen during the KUMBH MELA when millions of devotees come to perform religious practices in the river along with holy dip in the Ganga. Most of the water is drained out to irrigation canals in Haridwar thereby reducing the pollution absorbing capacity of the water. This river pollution has given birth to the complaints about stomach trouble , kidney damage , typhoid , polio and other serious skin diseases. This is a matter of serious concern since the human lives are posing danger for themselves and others too.

People need to understand the pain of the Ganga. They should not just throw anything in the river, they should turn up to save the river from dying and industries and factories must come up with solutions as to where to let go the waste . The government is trying it’s best to save our holy river but it is our responsibility too ,to protect it. When Ganga can give us more than we want , then can we just not take an initiative to save it from the activities done by the humans?
Just think……

Penned By-
RADHIKA DHASMANA

जब यही नहीं रहेंगे सुरक्षित , तो देश कैसे रहेगा सुरक्षित ?

” अपनी मेहनत पर खरी उतरी थी वो मगर ,

सहकर्मी को उसकी खुशी बर्दाश ना हुई

ज़िन्दगी छीन लेना सही लगा उसे ,

उसके संग खुद को भी चोट पहुँचाना सही लगा उसे ,

इंसानियत खो बैठा वो जो अपनी सहकर्मी को खुश न देख सका,

निकली थी वो जनता को इंसाफ दिलाने,

आज उसी की आत्मा भटक रही है इंसाफ माँगने……”

-RADHIKA DHASMANA