Beti Bachao, Beti Padhao (Save girl child, Educate a girl child)

Blog By-

Neeraj Singh Manhas.     

Abstract

Girls play an important role in a country’s cultural, social, political, and economic life. Our constitution places a high value on girls’ equality of status and opportunities. This paper investigates how girls’ education can be improved by disseminating information to all in a variety of meaningful ways. Girls’ education should be prioritised in terms of national development. The BETI PADHAO scheme has been briefly highlighted in this paper BETI BACHAO. The goal of this paper is also to provide some information to all readers about the problems, challenges, and constitutional and legal provisions that apply to girls. According to the national education policy (1986), “education for girls should be prioritised not only for reasons of social justice, but also because it accelerates social transformation.” My paper wishes to emphasise that educated men cannot exist in the absence of educated girls.

Keywords: Girl, Save, Empowerment, Education, Government Schemes.

Introduction

It is a social campaign launched by the Government of India to raise awareness and improve the efficiency of welfare services for girls. This campaign called for the abolition of female foeticide and solicited suggestions from Indian citizens. Prime Minister NARINDER MODI launched the BETI BACHAO BETI PADHAO scheme on 22 January 2015. It is a national initiative co-led by the ministries of girls and child development, health and family welfare, and human resource development to address the issue of declining child sex ratios. According to census data, India’s child sex ratio (0-6 years) was 933 girls for every 1,000 boys in 2001, but it fell to 918 girls for every 1,000 boys in 2011. According to a 2012 UNICEF report, India ranked 41st out of 195 countries. According to the 2011 population census, India’s population ratio is 943 females for every thousand males. The 2011 sex ratio shows an upward trend when compared to the 2001 census data. “When you educate a man, you educate a man,” the saying goes, “but when you educate a woman, you educate a generation.” Beti Bachao-Beti Padhao is a social awareness campaign that encourages parents to celebrate the birth of a baby girl rather than be disappointed. For hundreds of years, Indian families have not rejoiced in the birth of a girl child, not only in rural areas, but also in urban circles. On top of that, orthodox families used to resort to female foeticide or abandoning the girl child, if she was born at all. Due to social and family constraints, the girls were unable to attend school or pursue higher education.

Importance of Girls Education

“Mobilizing the world’s women is the quickest way to change society.” — Malikleo, Charles There are currently 31 million primary school-aged girls who are not enrolled. In Sierra Leone, a girl is more likely to be sexually abused than to attend high school, and one in every nine girls in the developing world marries before the age of 15. There are 4 million more girls than boys who are not in school, and three countries have over a million girls who are not in school. There are 774 million illiterate people in the world, with women constituting two-thirds of the total. To many, these figures are just numbers on a page, but for the 31 million girls, they are a harsh reality. In 2018, statistics like these are incomprehensible and simply unacceptable. Today, we have the resources and the ability to end these realities once and for all, but as a global society, we sit back and let them continue. What makes this possible? According to Amnesty International, you have the right to sit silently by while a fellow human being is persecuted, tortured, oppressed, or abused, as well as the right to speak out. “Now is the time to speak up and fight for our girls’ education.” Education for girls is about so much more than just learning. The benefits of ensuring a girl’s equal access to education, employment, and adequate health care will be passed on to her children (both boys and girls), community, and country.”

If all women in the world received a secondary education, child mortality would be cut in half, saving 3 million lives. Not just the lives of girls, but all of life. “All children are important, they have the same rights and deserve the same opportunities,” says Christina Taylor, Community & Bequests Officer for Plan International. “However, because girls face the double discrimination of being female and young, it is critical that we focus efforts specifically on addressing their disadvantages and systemic abuse.” According to UNESCO, if all women completed secondary school, 12 million children would be spared stunted growth and malnutrition. Given that malnutrition causes nearly half of all deaths in children under the age of five, it is undeniable that we must educate girls who will become mothers. It’s easy to see how a lack of education has a cascading effect on societies. A girl’s education not only provides knowledge, but it also provides her with power and awareness over her own life, which benefits everyone in the long run. According to UNESCO, if all mothers completed primary school, maternal deaths would be cut in half. Every child deserves to grow up with the love and guidance of their parents, and by denying girls’ education, we are increasing the chances of many children growing up without a mother.

People used to bury their daughters alive during the ignorance era, which the Holy Quran strongly condemned. It is completely illegal and haram to abort a foetus when it is four months old unless there is severe compulsion, according to the law. “Islam commands us to treat our daughters well,” it said, adding that there is no Islamic concept of girls bringing misfortune and disrespect. Education is very important in Islam, according to its teachings. According to the Prophet Muhammad, his followers should:

  • “Acquiring knowledge is obligatory on all Muslims, male and female.”
  • “From the cradle to the grave, seek knowledge.”
  • “Acquire knowledge, even if it means travelling to China.”
  • “Whoever goes forth in search of knowledge is striving hard in Allah’s way until his/her return.”

Aims and Objectives

  1. To put an end to sex discrimination against girls and the use of sex determination tests.
  2. To ensure the survival and safety of girls.
  3. To ensure girls’ participation in education and other areas.
  4. Organize a large-scale campaign to advance girls in all fields.
  5. To provide consultancy services in the areas of girls’ education and development;
  6. To act as a catalyst in promoting innovations and progress in girls’ education in the country; and to act as a catalyst in promoting innovations and progress in girls’ education in the country.

Problems Limiting Girls

  1. Rape and Sexual Assault

The sexual exploitation of girls is egregious, but it is symptomatic of society’s ongoing violence. The high rate of rape in India reflects this long-standing issue. These violations intersect with other margins to create a system of violence against girls based on caste, religion, region, or militarization in some of the most horrifying accidents that have come to light.

  1. Dowry Deaths

Even though the Dowry Prohibition Act of 1961 prohibits the practice of dowry, the problem persists. We occasionally hear of girls being targeted by their in-laws for non-payment or partial payment of Dowry.

  1. Harassment in public Places

Girls have risen to the forefront of the economy as a result of modern economic change, and they have taken on new roles in business, government, and society. However, workplace violations have emerged as a major issue in the modern era.

  1. Domestic Violence

In India, it has been pointed out that incidents of domestic violence may have reduced but in some contexts, this violence’s have become means of limiting girls at home.

  1. Eve-Teasing

Eve teasing is common in public settings.

 

Some Constitutional and Legal Rights of Girls

  • Article 15 (1) states that the state shall not discriminate against any Indian citizen on the basis of gender.
  • Article 16 (2) states that no citizen shall be discriminated against or be ineligible for any employment or office under the state on the basis of gender.
  • Article 39 (a) requires the state to ensure that men and women have equal access to adequate means of subsistence.
  • The state shall make provisions for just and humane working conditions and maternity leave (article 42).
  • Gender equality before the law (Article 14).
  • The state’s goal is to improve its people’s nutrition and standard of living (Article 47).
  • Article 15 (3) requires the state to make any special provisions in favour of girls and children.
  • The Protection of Girls from Domestic Violence Act (2005) is a comprehensive piece of legislation in India that protects girls from all forms of domestic violence.
  • The Indecent Representation of Girls (Prohibition) Act of 1986 prohibits indecent representation of girls in advertisements, publications, writings, paintings, figures, or any other medium.
  • Dowry prohibition act (1961) prohibits the giving or taking of dowry from girls at any time before or after marriage.
  • The Legal Services Authorities Act (1987) guarantees Indian girls free legal services.
  • The National Commission of a Girl’s Act (1990) established a commission of girls to study and monitor all issues concerning girls’ constitutional and legal rights and safeguards.
  • The Minimum Wage Act of 1952 prohibits discrimination between male and female workers, as well as different minimum wages for them.
  • The Family Courts Act (1984) establishes family courts to expedite the resolution of family disputes.

 

Steps to Improve Education and Rights of a Girl

There are several steps that could be taken in India to improve education and the rights of girls. Increasing awareness is critical in promoting girls’ education in India, or anywhere else in the world for that matter. Individuals and organisations can educate the public about the importance of sending their female children to school and how it will benefit them in the long run. There are numerous ways to raise this awareness. Options include, but are not limited to, using media outlets such as television and radio stations, as well as newspapers and magazines, placing stickers in strategic locations, and going house to house to educate people about the importance of sending their female children to school. The goal would be to reach as many people as possible and provide them with the necessary information to encourage them to educate their children. Another critical means by which girls’ education in India can be carried out is through government policy. Government policies should require parents to send their children to school at a certain age. It should also make primary and secondary education mandatory for all children, regardless of gender. Punishments and sanctions could be imposed on parents who prevent their children from attending school based on this. The sanctions would be useful in forcing parents who do not want to send their children to school, particularly their female children, to do so regardless.

It is necessary to implement programmes and activities that encourage parents to send their children to school. First and foremost, the government could make primary and secondary education free of charge. This would eliminate the excuse of being unable to afford to send such children to school. Other forms of encouragement could include the provision of school uniforms and books for the children, as well as the provision of free meals for the children. The private sector, for example, could assist the government in this regard by covering some of the costs. Prior to the implementation of these programmes, such private establishments could organise scholarship programmes for children, with some of the scholarships specifically aimed at girls’ education in India. This would go a long way toward assisting parents who want to send their children to school but do not have the financial means to do so. Government and private organisations could also provide education loans.

Conclusion

Today’s women are acutely aware of their social, economic, intellectual, mental, and spiritual development. Their role, both inside and outside the home, has become an important feature of the country’s social and economic life. It will grow in importance. As a result, they cannot be denied an education at any cost, and greater attention should be paid to the issues of women’s training and development.

References

  1. K Sandeep Kumar, Rajeev Mullick (19 May 2017). “UP govt sounds alert over BetiBachao Beti Padhao scheme fraud”. Hindustan Times. Retrieved 12 June 2017.
  2. Press Trust of India (28 March 2017). “Haryana govt cautions people against frauds under Beti Bachao-Beti Padhao scheme”. The Indian Express. Retrieved 12 June2017.
  3. “PM Narendra Modi invites ideas on “Beti Bachao, Beti Padhao””. DNA India. 11October 2014. Retrieved 2016-06-12.
  4. “PM to Launch ‘Beti Bachao, Beti Padhao’ Programme from Haryana”.Newindianexpress.com. Retrieved 2016-06-12.
  5. “PM Narendra Modi to launch ‘Beti Bachao, Beti Padhao’ programme fromHaryana”.The Economic Times. Retrieved 2016-06-12.
  6. Mohan, Rohini (30 June 2015). “How PM Modi’s Beti Bachao, Selfie Banao campaign became a rage to rewrite gender-skewed Haryana”. Economic Retrieved 1July 2015.
  7. Sanyal, Anindita 2015). “#SelfieWithDaughter Trends Worldwide After PM Modi’s Mann ki Baat”. NDTV. Retrieved 1 July 2015.

 

 

 

Anganwadi Services Scheme Under Umbrella ICDS

Blog By-

Neeraj Singh Manhas

Ph.D. Research Scholar

International Relations

Department of Political Science

Sardar Patel University, Gujarat 

Abstract

This paper will be useful to policymakers, planners, training institutions, state government officials, and field functionaries who are committed to improving nutrition and health outcomes for women and children in our country. The Anganwadi Services Scheme (renamed ICDS) was piloted in 33 Community Development Blocks across our country to improve children’s nutrition and health; reduce morbidity, mortality, malnutrition, and school dropout among children and women; achieve effective coordination with allied departments for nutrition outcomes; and improve mothers’ and caregivers’ understanding of nutrition. It is an effort to report state government best practices/initiatives for wider dissemination among Anganwadi service providers under the ICDS umbrella so that they can learn, develop, and adapt replication techniques in their respective contexts. It would also enable them to carry out activities based on feedback, reflection, and analysis, resulting in more effective long-term nutrition programmes.

Keywords: Umbrella, ICDS, Anganwadi, Government, Services

Introduction

As the Anganwadi Services Scheme has evolved over time, there have been numerous examples of innovative and effective models established by state governments that have produced positive results and have the potential to be scaled up. Other states could pilot or scale up additional ideas, such as graded best practices/potential good practises. The ICDS would enable state/UT governments to launch novel initiatives that have been shown to improve the availability, accessibility, and quality Replicable and sustainable (capability to self-support), they contribute to the initiative’s efficiency (optimal use of resources to improve outputs and outcomes), and they increase effectiveness (that is, its contribution to the achievement of the set objectives of the scheme in which the practise occurs).

Best practises are successful public policies that should be expanded to benefit a larger number of people. Expansion and institutionalisation of tried-and-true best practises necessitate strategy. In the Anganwadi Services sector, individuals, organisations, corporations, and development partners are taking innovative steps to improve nutrition and health outcomes. Spreading awareness of such procedures may aid in avoiding costly errors and wasting time. That is why documenting and sharing “best practises” is critical: it saves policymakers, officials, individuals, and organisations working in the Anganwadi Services sector time and money. To achieve large-scale, ongoing, and more successful interventions, knowledge of lessons learned, feedback, reflection, and analysis are required. To identify best practises, first analyse them according to the following criteria: effectiveness, efficiency, relevance, sustainability, and replication. To be useful in development, a best practise does not have to meet all of the above criteria. A best practise is a methodology or procedure that has been demonstrated to work consistently through experience and research. These methods must be shared and adopted by a larger number of people.

Vision

Under the umbrella of Integrated Child Development Services, the vision is to ensure the holistic physical, psychosocial, cognitive and emotional development of children under the age of six in child-friendly and gender-sensitive family, community, programme and policy environments with a particular focus on children under the age of three.

Goals

The scheme’s objectives are:

  1. It is important to recognise that growth and development deficits are cumulative and irreversible.
  2. Targeting young children, pregnant women, and nursing mothers to improve child survival, nutrition, development, and learning.
  3. Children’s full development potential and active learning capacity are enabled when early childhood development is holistically addressed.
  4. Extending the Centre’s reach to families and communities, recognising the need for service providers and volunteers to reach the most vulnerable age groups and communities.
  5. Encouraging local innovation and capacity building through decentralisation, flexibility, and community-based child care approaches.
  6. The most vulnerable and disadvantaged community groups (scheduled castes, scheduled tribes, minorities, etc.) must be reached.
  7. Strengthening convergence to address the interrelated needs of young children, girls, and women.
  8. A rights-based approach with women’s empowerment as a social quality mover.
  9. The ICDS Universalisation with Quality: Moving from Outlays to Child Related Outcomes.
  10. Securing good governance, accountability and community involvement.

Services

The Anganwadi Services package includes the following six services:

  1. Supplementary Nutrition (SNP),
  2. Pre-school Non-formal Education,
  3. Nutrition & Health Education,
  4. lmmunization,
  5. Health Check-up, and
  6. Referral Services

The ICDS and Gandhi National Rural Employment Guarantee Scheme are becoming more closely aligned

MGNREGS and ICDS have been working together to build Anganwadi Centres in 2,534 backward blocks since 2015. 50, 000 AWCs are issued each year, with a total of 2 lakh AWCs issued by 2019. The objectives are to construct Pucca buildings for Anganwadis in 2,534 blocks, to serve the objectives of pre-school education, nutrition centres, semi-formal public health units, as well as community centres, to create long-term assets and improve village infrastructure, and also provide a creche facility for MGNREGS workers.

POSHAN Abhiyan (Prime Minister’s Comprehensive Nutrition Plan)

The first 1000 days of a child’s life are critical, including nine months of pregnancy, six months of exclusive breastfeeding, and six months to two years of treatment for malnutrition. In addition to increasing birth weight, timely intervention can help reduce infant and maternal mortality (MMR). An additional year of consistent intervention (until the child is three years old) would ensure that the gains of the first 1000 days are maintained. The Aanganwadi Centers should also prioritise the development of children aged three to six years (AWCs). The Mission’s goal is to reduce undernutrition and other related issues by coordinating a variety of nutrition-related programmes.

The Mission is to ensure that all MWCD nutrition programmes are directed at the same population. The NNM will ensure the convergence of various programmes such as Anganwadi Services, Pradhan Mantri Matru Vandana Yojana, the MWCD Scheme for Adolescent Girls, Janani Suraksha Yojana (JSY), the MoH&FW National Health Mission (NHM), the DW&S Swachh Bharat Mission, the CAF&PD Public Distribution System (PDS), and the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).

National Nutrition Mission

It was implemented in 315 common districts identified in descending order of stunting prevalence from among 201 districts identified by NITI Aayog based on National Family Health Survey -4 data, 162 ISSNIP districts, and 106 Scheme for Adolescent Girls districts in 2017-18. 235 districts were established in fiscal year 2018-19 based on the status of undernutrition in various states/UTs based on the prevalence of stunting. In 2019-2020, the remaining districts will be covered. This program’s objectives are to –

  1. Prevent and reduce stunting in children (0- 6years) at a rate of 2% per year;
  2. Prevent and reduce under-nutrition (underweight prevalence) in children (0- 6years) at a rate of 2% per year;
  3. Reduce low birth weight (LBW) at a rate of 2% per year;
  4. Reduce the prevalence of Anaemia amongst young children (06-59months) at a rate of 3% per year; and
  5. Reduce the prevalence of Anaemia

Pictorial Handbook for Quality ECCE

The National ECCE Policy has been released by the Ministry of Women and Child Development of the Government of India. The Ministry has created a Quality Standards Framework for ECCE in order to improve infrastructure and service standards, care quality, stimulation, and learning. The framework identifies key principles, indicators, and best practises for ensuring the quality of Early Childhood Care and Education (ECCE) services. Pictorial Handbook on Quality in Early Childhood Education- expands on the Policy’s vision of quality. It depicts various aspects of quality through images, provides glimpses of good practises in various dimensions of quality, and attempts to create a shared understanding of quality among people at all levels, from national-level functionaries to Anganwadi Workers/ECCE teachers/caregivers. It is a practitioner tool for use in ECCE centres by ECCE teachers/caregivers.

Given our country’s diversity in terms of geographical locations, demography, as well as the nature of ECCE programmes and services, this was not possible to cover the entire spectrum in this handbook. It is an attempt to represent some acceptable practises demonstrating various aspects of quality. This Pictorial Handbook on Quality in Early Childhood Education will assist ECCE teachers/caregivers, one‘s supervisors, Program Managers, mentors, and trainers in achieving a high level of quality in early childhood programmes across the country.

Conclusion

Collaboration as well as convergence with various departments but also development partners have the potential to improve health services for malnourished women and children. Decentralizing the planning and management of the Anganwadi Services Scheme under the Umbrella ICDS allows States/UT Governments to break away from routine activities and explore potential for new innovations based on local demands. When combined with scientific demands, the innovations would undoubtedly pave the way for replication to be scaled up in other states. Secondary source knowledge on innovation and best practises in Anganwadi Services is abundant, and it has had a significant impact on malnutrition reduction and child care promotion in many states. Some of the innovations may well have a long-term impact if they are implemented in a systematic manner. State/UT governments will be encouraged to conduct need assessments of vulnerable populations and to evaluate innovations/best practises that will produce evidence-based analysis is to improve child development outcomes.

 

 

Endnotes and References

  1. “India’s Under-5 Mortality Now Matches Global Average, But Bangladesh, Nepal Do Better”. 20 September 2018. Retrieved 18 February 2019.
  2. ^Jump up to: a b “UNICEF – Respecting the rights of the Indian child”. UNICEF. Retrieved 22 March 2011.
  3. ^Kapil U (July 2002). “Integrated Child Development Services (ICDS) scheme: a program for holistic development of children in India”. Indian Journal of Pediatrics. Indian Journal of Pediatrics. 69 (7): 597–601. doi:1007/bf02722688. PMID 12173700.
  4. ^Jump up to: a b c d e Dhar A (27 January 2011). “Infant mortality rate shows decline”. The Hindu. Archived from the original on 25 October 2012.
  5. ^Jump up to: a b c “The Integrated Child Development Services (ICDS)”. UNICEF. Retrieved 22 March 2011.
  6. ^Jump up to: a b “Supreme Court Commissioners”. sccommissioners.org. Archived from the original on 13 August 2009. Retrieved 22 March 2011.
  7. ^“The WHO Child Growth Standards”. World Health Organisation. Retrieved 22 March 2011.
  8. ^“Early childhood development and nutrition in India”. Oxford Policy Management. 22 March 2018. Retrieved 11 June2020.
  9. ^Kinra S, Rameshwar Sarma KV, Mendu VV, Ravikumar R, Mohan V, Wilkinson IB, et al. (July 2008). “Effect of integration of supplemental nutrition with public health programmes in pregnancy and early childhood on cardiovascular risk in rural Indian adolescents: long term follow-up of Hyderabad nutrition trial”.  337: a605. doi:10.1136/bmj.a605. PMC 2500199. PMID 18658189.
  10. ^Kinra S, Gregson J, Prabhakaran P, Gupta V, Walia GK, Bhogadi S, et al. (July 2020). “Effect of supplemental nutrition in pregnancy on offspring’s risk of cardiovascular disease in young adulthood: Long-term follow-up of a cluster trial from India”. PLoS Medicine. 17 (7): e1003183. doi:1371/journal.pmed.1003183. PMC 7373266. PMID 32692751.
  11. ^Nandi A, Behrman JR, Kinra S, Laxminarayan R (January 2018). “Early-Life Nutrition Is Associated Positively with Schooling and Labor Market Outcomes and Negatively with Marriage Rates at Age 20-25 Years: Evidence from the Andhra Pradesh Children and Parents Study (APCAPS) in India”. The Journal of Nutrition. 148 (1): 140–146. doi:1093/jn/nxx012. PMC 6289970. PMID 29378047.
  12. ^Nandi A, Behrman JB, Laxminarayan R (15 February 2019). “The Impact of a National Early Childhood Development Program on Future Schooling Attainment: Evidence from Integrated Child Development Services in India”. Economic Development and Cultural Change. 69 (1): 291–316. doi:1086/703078. ISSN 0013-0079.
  13. ^Nandi A, Ashok A, Kinra S, Behrman JR, Laxminarayan R (April 2015). “Early Childhood Nutrition Is Positively Associated with Adolescent Educational Outcomes: Evidence from the Andhra Pradesh Child and Parents Study (APCAPS)”. The Journal of Nutrition. 146 (4): 806–813. doi:3945/jn.115.223198. PMC 4807645. PMID 26962175.
  14. ^“CHAPTER 2 THE INTEGRATED CHILD DEVELOPMENT SERVICES PROGRAM (ICDS) – ARE RESULTS MEETING EXPECTATIONS?” (PDF). World Bank. Retrieved 22 March 2011.

Misuse of Rape Laws against Men in different States of India

Blog By-

Namrata Tomar

Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person’s consent.

Section 375 of the Indian Penal Code defines rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age.”

As we all know that rape is said to be one of the most heinous crimes that takes place in our country. Even after having a lot of stringent law the cases are not declining. one of the biggest reason of the rising cases are that the accused is already aware of the pendency of the court he knows that even if he commits a crime it will take an entire life for the victim to get justice. there are cases where victim dies before getting justice which shows the harsh reality of the judiciary.

But on the other hand fake rape cases on men are also increasing day by day too. A lot of incidents that has reported where men has been accused for rape but lately it was found that it was a fake allegation which not only ruins the life of a men but also bring a question of distrust on those women who have actually gone through the horrible experiences of rape.

One of the biggest reason I find out of women accusing men’s for fake rape allegations is that women are lacking strength to accept the fact that they are not virgin. Though we live in the 21st century but society still doesn’t want to accept pre- marital sex between an unmarried couple. In India any kind of sexual activity of women before marriage brings a lot disgrace to the family. So when the family finds out that such activity has taken between the couple.

Here few women play a victim card even though the sex might have taken place consensually still the women lie to protect themselves from the shame and judgement of the society and that’s how some women use there rights and put forth there point that the sexual activity between them was forced and had taken place without there consent. Any sexual activity without consent of the woman amounts to rape.

This is not it there are also cases where women extort money from men in the name of filing a false rape case against them. In a relationship people share intimacy between them and there private moments too but when things fall apart the women blackmail men to pay her or she will hamper his reputation. These cases are common in metro cities. Though the cases are less as compared to the cases of women who are more vulnerable to blackmailing etc.

We are all aware that one false allegation is enough to destroy someone’s life or there carrier. accused in a false case of rape loses his honour, cannot face his family and is stigmatised for life.

Different cases and different reports are  being prepared which shows clearly the rising false rape cases in our country. Some of the fake rape cases and reports that were found in different states were

A report which said, in 2016, 112 rape cases were registered in North Bhopal out of which 48 were found to be fake, while 179 cases were registered in South Bhopal out of which 64 were found to be fake.

According to the National Crime Records Bureau, a total of 38,947 rape cases were reported in India in 2016. In 10,068 cases – about a quarter – the women claimed it was rape on false promise of marriage.

Whereas in Andhra Pradesh , 45% of all rape cases filed in the past two years fell into the false marriage category.

A Delhi Commission of Women report shows that 53.2% of the rape cases filed between April 2013 and July 2014 in the capital were found ‘false’.

Whereas in Jaipur police says that in 2016, they saw an ‘alarming rise’ in the number of false rape cases. Jaipur Police recorded 330 rape cases and of the 276 cases solved, 43% turned out to be fake. Police told the media that women filed these cases to extort money or implicate the accused.

Conclusion

Lastly we can conclude that all these false cases give rise to the pendency in the court and also waste a lot of precious time of the court. So people who put  such false allegations of rape and misuse the law could not be permitted to go scot-free, strict action should be taken against these people so nobody can dare to take the law in a lenient manner.

Men’s Rights

 

Blog By-

Drishti Chhattani

Course: BBALLB

 College: ITM University

Introduction

Inequality between people of different sexes has been one of the darkest sides of our society, but the inequality between them is not a dilemma born of a modern society, it was created long before the independence of our country. Indian society has always considered men superior to women thus leading to the formation of Patriarchal society in India.

Everything began to change in the 18th century as a group of several men emerged among the many men overwhelmed by their superiority over women, who recognized the need for female empowerment and began to promote the voice of female empowerment groups with the drive to improve the miserable life. women in our country

During the rule of the British in India, the people of India experienced many Socio-cultural changes that ultimately led to the positive evolution of Indian culture, with a high focus and equality for women in India. In 1829, one of the biggest attempts was made by Lord William Bentinck in the XVII century.

To protect women from harassment, there were some provisions that protected them from social evils, one of which was section 375 of the Indian Penal Code of 1840, which was created to protect women from sexual harassment and to stop the rape chart rising in the country. These divisions were created according to the miserable lives of women, so they were strongly in favour of the protection of women, burdening men with the burden of proof, but in modern days there has been a huge shift in equality between men and women. , but this chapter is about money, humiliation, revenge, etc. It has also been abused in various ways.

Section 375

  1. Rape. — A man is said to commit “rape” if he–

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,

under the circumstances falling under any of the following seven descriptions:

First. Against her will.

Secondly. Without her consent.

Thirdly. With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

Fourthly. With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly. With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly. With or without her consent, when she is under eighteen years of age.

Seventhly. When she is unable to communicate consent.

Explanation 1. For the purposes of this section, “vagina” shall also include labia majora.

Explanation 2. Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exception 1.A medical procedure or intervention shall not constitute rape.

Exception 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape

*[copied from bare act of IPC]

False cases involving bogus victim

One of the biggest reasons why the rightful victim is not protected is that fake lawsuits are filed with fake lawsuits. Although the new rape laws of 2013 were designed with an exceptionally inclusive approach to bringing justice to rape cases. However, there have still been a number of incidents where rape laws were abused, leading to a number of trivial lawsuits.

The Delhi Women’s Commission (DCW) has released a rather shocking statistic that highlights that 53.2% of rape cases filed with the Police between April 2013 and July 2014 are frivolous. The amendments to rape laws introduced by the Penal Code Amendment Act of 2013 are prone to severe abuse and abuse by women with a bad or hidden motive.

Apart from raising the minimum penalty from seven years to ten years and the maximum penalty from the death penalty, the new Law has increased the age of consent from sixteen to eighteen, provided that this is certain and cannot be determined by circumstantial evidence. While these changes are progressive for the righteous victims, they offer the fakers an opportunity to maliciously abuse it. In the next paragraph, we will discuss the threat of false rape cases that cause injustice to both an innocent accused and a righteous victim.

Threat to men kind

The rise of fraudulent cases came shortly after the 2013 Criminal Code (Amendment) Act expanded the scope of Article 375. Accordingly, only one statement from the victim can imprison a man. Police officials have to abide by the protocol set by the law, Police have to detain the man for the protective measures of the woman, all the investigation takes place later. This position of power afforded to women led to a series of false accusations.

One of the popular cases that was featured on all news channels in 2013 was the “Bathinda Rape Case,” according to the Hindustan Times. The gang rape in a moving car turned out to be false.

She played the victim to frame her boyfriend’s wife, who had him jailed for attempted murder by poking her with HIV-contaminated needles. He was released on bail when he made up the story.

Along with the suspect Gurveer Kaur, 24, the police also arrested Rohtash Kumar, who claimed to have brought the woman to the hospital unconscious. Suspects Gurveer Kaur, Rohtash, Ramesh and Sunil Kumar are charged under 420 (cheating), 195 (false evidence to imprison someone for life), 211 (false charge with intent to injure), and 120-B (criminal conspiracy). of Indian Penal Code (IPC)

The plan also included consensual sex between Gurveer Kaur and Rohtash Kumar to make it easier to prove rape.

A year ago, Gurveer and her boyfriend Sunil Kumar were accused of torturing Sunil’s wife enough to poke her with unsterilized needles that cause HIV-AIDS. The target was blinded by the repeated attack, and on Friday, doctors at the Postgraduate Institute of Medical Education and Research (PGIMER) in Chandigarh operated on their eyes.

In January last year, Gurveer and Sunil were charged with attempted murder after the victim’s father brought the matter to the Punjab police chief. In Abohar prison, they befriended Rohtash and Ramesh and made them partners in the conspiracy.

“All four suspects, including Sunil Kumar, who was in prison, are now suspects in the fake gang rap case,” police inspector general Nirmal Singh Dhillon said on Monday. “A hunt has begun for Ramesh. Gurveer Kaur and Rohtash have consensual sex to prove rape and put their enemies behind bars.”

A 75-year-old man was recently prosecuted for raping a woman far below his age (see here), the 75-year-old man who lost his wife was so old he could barely walk. accused of raping a young woman. He was sentenced to 6 months in prison for this act, after which he was released on bail, but still humiliated by his children, friends and relatives on charges of rape. But he finally found justice when the court learned the truth after the women who accused him admitted in his testimony that it was done for money and property. Although he finally finds justice, looking at this whole incident, nothing can be done but to mourn what this old man went through during his 6-month detention and humiliation. never committed.

BBC News also ran an article about a 44-year-old real estate agent named Gupta accused of rape by a woman he was dating to show some properties, the women turned out to be coerced by a real employee. The real estate agent he caught embezzling money. It took 8 months, even though he left the case after his innocence was proven. And during these eight months, Gupta lost any shred of social standing he had; His family also suffered.

The victim of a false rape accusation is just as bad as the rape victim. No one can imagine the shock, trauma, ridicule and humiliation she went through after being falsely accused of rape. Not only men, but also their families or relatives are exposed to various consequences, isolation and ridicule are a few of them. Her future is shattered, and the humiliation and disgrace society faces are enough to break anyone until they can’t even think of living the way they used to.

These cases mentioned above are just a few examples of how miserably men suffer because of a gender-neutral law. This scenario might make everyone in the world wonder what’s really going on in the world’s largest democracy, ‘India’. These fake rape cases filed are not only a threat to men but also act as a parasite for our country as they increase India’s Crime Rate and discredit our country around the world.

Recent false rape case

As discussed above, not every rape victim is genuine, there are those who maliciously file false lawsuits. This makes it difficult for legislators to introduce any changes to rape-related laws. One of the criticisms against extending the definition of rape beyond influence is that rape is made an excessive crime and can result in a devaluation of sanctions.

In 2020, the Kerala High Court released the latter on bail after expressing dissatisfaction that a woman had filed a false rape complaint against a health inspector. As a result, the health inspector was kept behind bars for seventy-seven days. The complaint is made under 323 (voluntarily causing serious injury), 506(i) (criminal intimidation), 376, 376(2)(n) and 376C(b) (rape) of Indian Penal Code. But she later retracted the same thing, saying it was consensual sex, not rape.

[Vishnu Tiwari v. State of U.P.]

Rape is a very sensitive matter in India which is dealt today. India has provision if a female gets rapped but don’t have provision if a female rune someone’s life in false rape case. Same was seen in the case of Vishnu Tiwari who spent his 20 years in prison for offence which he didn’t committed.

As rightly quoted,

“It is better that ten guilty escape than one innocent suffers”.

-William Blackstone

Facts

Vishnu Tiwari, a person in a village of UP’s Lalitpur district was sent to jail for 20 years in a false rape case. When he was arrested, he was 23 years old and after twenty years Allahabad High court has passed the judgement that he is innocent and he had not committed any crime. He was 23 years old when he was arrested and now, he is 43 years old.

In the case, Tiwari was 23 when the woman was first apprehended in September 16, 2000, based on an FIR filed by her husband and father-in-law. She was accused of sexual harassment, rape and beating while she was five months pregnant.

The girl who accused Vishnu Tiwari of rape was from the same village and said that he attacked her on her way to work.

Subsequently, he was charged with rape and brutality under the SC/ST Act. Tiwari was released on parole, but was arrested once again in 2001. He served as a non-commissioned officer for two years before being sentenced to life imprisonment by the Lalitpur court in 2003. Sentenced to ten years in prison for rape under Sections 376 and 506 of Indian Penal Code. Vishnu’s troubles did not end there; He was sentenced to life imprisonment after being found guilty under sections 3(1)(7) and 3(2)(5) of the SC/ST Brutality Act.

Tiwari tried to have her conviction reversed by a court in 2005, but her appeal was found erroneous as all relevant documents were missing. It stayed that way for the next 16 years.

According to Tiwari, the lawsuit resulted from a land and animal dispute. He had never met the woman and only knew her as a bahu. “All they wanted was money from him under the Harijan law,” and he never thought he would have to spend the next 20 years in jail because of his greed.

Judgement

Court of Justice Kaushal Jayendra Thaker and Gautam Chowdhary mentioned this when ordering the release of a Vishnu in the Allahabad High Court acquittal decision.

“The most unfortunate aspect of this case is that the appeal was preferred over jail,” he said in the ruling. “The matter remained flawed for 16 years, so we don’t normally talk about flawed appeal numbers, but we talked about the same.”

According to the high court, the medical findings did not show any signs of sperm and forced sexual intercourse. “We discover one more fact: Despite the prosecutor’s accusation of rape, there are no injuries in the private parts of the lady, despite the fact that she is a fully grown woman who is pregnant and said to have been battered,” the court said. “Furthermore, there was reason on the plaintiff’s side that the parties were in a land dispute.

It also turned out that there were some inconsistencies in the FIR’s original filing, which was a false rape claim. This failure to investigate reflects badly on the police, who refuse to conduct a thorough investigation and dismiss the allegation as unfounded.

The court went on to say that there were some inconsistencies in the testimonies of victims and witnesses based on its previous findings. We couldn’t ignore the fact that an innocent man lost 20 years for a crime he didn’t commit.

What is section 498A of IPC?

Section 498A of the Indian Penal Code (IPC) deals with violence perpetrated on women after marriage by their husband, mother-in-law or any relative of the husband. It imposes 3 years punishment and a fine. This gives a new definition to brutality. Brutality can be defined as: –

  • If the action is of such a nature as to induce the woman to commit suicide or self-harm, which could be fatal. This is included after Shobha Rani v. Medhukar Reddy case. It was made in the case where evidence is needed to prove persecution.
  • If any unlawful demand is made or done for harassing wife or any person related to her.

Misuse of law

The Supreme Court Calls Article 498A ‘Legal Terrorism’. Abuse or abuse of the law is mostly perpetrated by urban and educated women. Also, in most cases, the husband and two of his relatives are also prosecuted.

  • Women use it more as a weapon than to protect themselves. In Arnesh Kumar v. Bihar State case, it was revealed that incapacitated grandparents and even their relatives living abroad were arrested. So women started using their husbands as a weapon to get them arrested if they were dissatisfied. There is a large number of false cases filed each year, which increases the waiting time of cases in the courts.
  • There have been several cases where the man was not from India and came to India to marry the lady. Due to the fear of extortion and imprisonment, he is made to do things he would not do otherwise. Male is under the fear of Section 498A.
  • The police visit the men’s office buildings and their reputation is tarnished. The police can also take relatives if the complaint is damaged. It also does not require any proof before being arrested. It doesn’t even need an investigation. So, if there is a small disagreement, the woman can use the division to take revenge.
  • Gifts are sometimes misunderstood as dowry. So, this can again cause problems.

Therefore, pro-women laws should not become anti-male laws.

National Criminal Record Bureau publishes “All India Crime Data” every year. Cases registered under article 498A are increasing every year, but the conviction rate is decreasing every year. The conviction rate under Section 498A is ¼ of the total crime conviction rate.

What is Section 125 of Cr. PC?

“The child support scheme of spouses, children and parents” are dealt under Section 125 of the Cr. PC. In this section, the names of those who are entitled to receive alimony, the materials required to claim and receive alimony, and the order of the first-class magistrate are given.

False case under 498A IPC, 125 Cr. PC, which lead to cruelty against men.

Rishi Pal vs Luxmi Devi and another on 27.08.2009

Appeal was made by the appellant that is husband is directed against the judgement and the decree which was dated on 25th September 1998, where learn additional district judge, Jagadhri vide which the petition was filed by the appeal and under section 13 of the Hindu Marriage Act which was ordered to be dismissed.

A petition was filed by plaintiff under section 13 of Hindu Marriage Act on the pleading, it was held that parties were married according to Hindu rites on 18th April 1984, at village malakpur Bangar. Apart from the state of being married, one female child, who was eight near about 12 years on the day when the petition was presented, was born and was living with the husband. Relations between the parties became tense in 1992, as the defendant-spouse began to visit her parents’ house very often unnecessarily and sometimes even without the plaintiff’s consent. The appellant became suspicious, and in mid-September 1992, when the defendant was at his parent’s home, the appellant also went there and learned that he was at the home of defendant number 2 and found them in a house, compromising position. Despite his arrest, he did not give up his activities and continued to go to his parents’ home and resided there with the defendant number 2. He claimed that the defendant-wife was leading a life of adultery. In addition, the appellant’s situation is that after the appellant’s wife-defendant told her parents about her illegitimate relationship with defendant number 2, she began to hate the appellant and could not be brought back despite all efforts in her marriage house. It has been argued that the defendant-wife left the plaintiff-husband.

The defendant-spouse also brought an action against the appellant, acquitting under Article 498-A of the IPC. Defendant-spouse is also subject to Section 125 Cr.PC. Upon notice, both defendants adjusted the case to the appellant. The defendant-spouse claimed that 1.00 lac was spent for the marriage. She denied the allegations made by him. The plaintiff allegedly was a drunkard and argued with him over very minor matters. It was the plaintiff who made his life hell. In 1992, she denied going to his parents’ house too often. She also denied the allegations of adultery. It was alleged that the appellant claimed Rs.20,000/-, his father brought a panchayat and paid the appellant Rs. 10000 the appellant agreed to keep his wife with him. However, after staying in the marriage house for 20 days, she was expelled from the house again. The case filed in the defense was that the appellant was dissatisfied with the defendant-wife as she could not give birth to a son. The escape allegations were denied. However, she admitted that she had lodged a complaint against the applicant under IPC Section 498−A. The defendant-spouse claimed that fraternity intervened and the issue was reconciled. As stated earlier, other claims have been denied. Defendant No. 2 also denied the allegation of adultery.

The Civil Court of First Instance evaluated the evidence and decided on the cases of adultery and desertion against the plaintiff. The court also found that the allegations of persecution were unfounded and the issue of persecution was decided against the appellant.

On the subject of adultery, the court decided that the appellant approved the act of adultery according to the allegations and evidence, and that there were differences in the claims and evidences in this regard, therefore, the statement of the appellant was not believed. The Civil Court of First Instance determined that it was the plaintiff who was at fault regarding the desertion. The learned Court did not believe the letter that was given as a basis to prove the fugitive.

Learning about the persecution issue, the Marriage Court stated that the defendant-spouse did not support the prosecution case due to the panchayat’s interference, so the false prosecution allegations were not proven.

This decision of the Learned Marriage Court is inadmissible. It may be recognized that a criminal case brought against the appellant which resulted in his acquittal is admissible. It has also been proven in the records that the parties did not live together afterwards. Therefore, it cannot be said that the defendant did not support the case because of the agreement between the parties. Dharam Pal Vs. Smt. Pushpa Devi, AIR 2006 Punjab and Haryana 59 is pleased to say that when his wife lodges a complaint and the allegations made by his wife are found to be unfounded, then the wife will be guilty of wrongfully prosecuting her husband, which amounts to cruelty. It is well-understood law that filing a false criminal case against a spouse is an act of cruelty and the spouse has the right to decide on a divorce based on his or her suffering. It is also undisputed and substantiated according to the records that the defendant-wife lived in the parent’s home and left the little girl in her husband’s custody. This behavior of the defendant-wife which lead to mental and physical cruelty, as it affected his performance of duty, was decided by the Court in Balbir Kaur Vs. Daljit Singh, 1997(2) RCR (Civil) 121 and Raj (Smt.) Vs. Dalbir Singh, 1997 (2) All India Hindu Law Correspondent 82.

This Court in case of Raj (Smt.) Vs. Dalbir Singh (supra) has laid down as under: −

“5. After hearing the defendant’s lawyer who took to the evidence in the minutes, I am of the opinion that the findings recorded by the trial court are indisputable and the present appeal is devoid of any merit. In his petition, the husband claimed that the wife was a moody woman and had repeatedly mistreated him and his family members. He did not put forward any examples of bad behaviour in his petition and did not bring any evidence in this regard. The general defense that the wife is constantly misbehaving is rather vague and not sufficient to justify that the husband has been cruelly treated. Regarding her escape request, she stated that she had been kicked out of the house after being beaten while his wife appeared to be RW1. At the head examination, she did not indicate that the husband or family members ever wanted a dowry. Apart from his statement, there is no evidence in the records that she was kicked out of the house as she claimed. Surprisingly, on her way to her parents’ house, she left behind a daughter who was raised by her father. On the other hand, the husband entered the witness stand as PW1 and stated that his wife left him without sufficient reason and took panchayats to his parents’ house to bring him back but refused to come back with him. His version was supported by other witnesses.

The court was right in finding that the applicant had left her husband without sufficient reason. According to his wife, she had left home about four years before the petition was filed. As a result, the findings recorded by the trial court were confirmed. Consequently, there was no justification for the appeal and the same case was dismissed without any order of costs.” For this reason, even if the reason for desertion and adultery was not proven, the appellant was given the right to decide on divorce due to persecution, based on proven facts.

This appeal is allowed, the decision and decision made by the learned Marriage Court is nullified and the petition filed by the appellant husband under Section 13 of the Hindu Marriage Act is allowed, but there is no order regarding costs.

Opinion

Therefore, some deficiencies in the system cause us to conclude that our system needs to be changed urgently. The fundamentals of the criminal justice system, including the police, courts and justice system, need to be improved. Investigations must change, regulations must be strictly followed and the judiciary must play a more prominent role. There should be regular inspections for cases appealed, and the prison authority should vigorously pursue the commutation of sentences for long-term incarcerated persons. To sum up, every part of the criminal justice system must work together to ensure that no innocent citizen feels the burden of our system’s shortcomings.

Gender Equality and Positive Discrimination with regards to Article 15(3) of Indian Constitution

Blog By-

Lipika Gupta

Abstract

Under this article, the state has been empowered to make special provisions for Women and Children.  Under this article, the court had upheld the validity of legislation or executive orders discriminating in favour of women. This Article states that, even though the state wouldn’t discriminate anyone on the basis mentioned in Art 15(1), yet they have the whole authority to make special provisions in order to protect the interests of Women and Children. Women should be provided equality in every field whether its education or about equal salary. In the below article you will get to know about the significance and necessity of gender equality and positive discrimination under Article 15(3). There are many issues from which women and children deal in their day to day life so I have discussed my views and a data analysis which proves that strict laws should be implemented to protect women and children.

Introduction:

Under Article 15(3), the State is provided with the power to make special provision for women and children. In pre-independence India, especially with women and children, it was often seen that they were seen and deemed inferior to men. It can be said that these provisions are meant for the upliftment of women and children of the society which have been downtrodden/poor state for many years. Article 15 is all about equality and eradicating discrimination. This Article not only grants gender equality but also empowers the State to adopt measures of positive discrimination in favour of women and children for neutralizing the cumulative socio economic, education and political disadvantages faced by them. There are also numerous legislations that have specific provisions to address women and their interests thereby providing a strong legislative basis for gender justice in India. Some of these are ESI Act[1], MB Act[2], Women constitute the majority of the world’s population, but there is still no society in which women enjoy full equality with men. They often face specific discrimination, even in countries which grant legal equality to both sexes; women are often economically disadvantaged and suffer discrimination. The ‘special provisions’ which the State may make to improve women’s participation in all activities under the supervision and control of the state, can be in the form of affirmative action or reservation. The State can reserve seats for ST, SC, OBC3 in educational institutions, grant fee concessions or arrange special coaching classes. The States started the provision of reservations for ST, SC & OBC because in pre- independence and also after the independence these sections of the society were not provided with many facilities like education, proper nutrition, etc. To uplift them government decided to reserve seats under Article 15 so that they can also get equal opportunities like others.

  • Case law: In Case “Yusuf Abdul Aziz v/s State of Bombay”[3]the judgement was passed by the court which stated under Sec 497 of IPC only men can commit the crime of adultery and be punished for the same. The court had also stated that women shall not be punished as an abettor, as this would offend Art 14 and 15(3). The court had stated that since art 15(3) is a special provision made for women by the state therefore the woman was saved under this article. However, recently in “Joseph Shine v/s Union of India”[4]. Adultery was decriminalized since it was violating Art 14, 15 and 21 of Indian Constitution. Hence it is no longer treated as a crime, rather it can only act as a reason for divorce.
  • Why gender equality is important?

Gender equality is when people of all genders have equal rights, responsibilities and opportunities. Everyone is affected by gender inequality – women, men, trans and gender diverse people, children and families. It impacts people of all ages and backgrounds. Gender equality prevents violence against women and girls. It’s essential for economic prosperity. Societies that value women and men as equal are safer and healthier. We can say that gender equality is an important aspect of Article 15(3). The main issues that come in the way of gender equality are listed below:

  1. Gender bias in education- There are many ways that girls’ educationbenefits economies and societies. Yet an estimated 130 million girls will never set foot inside a classroom. Child marriage, lack of adequate sanitation (especially for girls who are of menstruating age), and gendered violence in the classroom are some of the obstacles specific to girls when it comes to this very basic human right. To prevent this government came up with many schemes like ‘Beti Bachao, Beti Padhao’[5] which encouraged many women for getting a better education.
  2. Unequal pay- The another problem faced by women’s in workplace is unequal pay which means that women’s get lesser amount of salary as compared to men just because of gender inequality which is not at all fair so government made principle of ‘Equal Pay for Equal Work’ which was first considered in Kishori Mohanlal Bakshi v. Union of India[6]in the year 1962.
  3. Sexual harassment- An obstacle that many women face in the workforce is sexual harassment. While the #MeToo[7] movement has helped to shed light on the issue, little had been known, until now, about how many women are subjected to this type of mistreatment. The matter was first analysed in case ofVishakha and Ors. v. State of Rajasthan and Ors[8] which led to the implementation of the sexual harassment of women at workplace[9].

  • Is positive discrimination ethical?

Positive discrimination is the policy of granting special privileges to the downtrodden and the underprivileged sections of the society, most commonly women. These are affirmative action programs, most visible in both the United States and India, where there has been a history of racial and caste discrimination. The practice is most prominent in India, where it has been enshrined in the constitution and institutionalized. The Constitution of Independent India which largely followed the pattern of the Government of India Act, 1935, made provisions for positive discrimination in favour of Scheduled Castes and Scheduled Tribes (SCs & STs) which constituted about 23% of the divided India’s population as they were oppressed section of the society so the government of India decided to uplift them by making some special laws which comes under Article 15(3) and considered as Positive Discrimination.[10]

Statical analysis: According to the survey of 20 people of different age group with a set of questionnaires I found that 85% people believe that Article 15 (3) help in the upliftment of women and children as well as provides gender equality whereas 15% people couldn’t decide whether this Article helps or not as many women were not aware of their rights made for their betterment in the society. Another question comes whether this Article provides positive or negative discrimination and here 80% people think its positive discrimination and 10% people think its negative discrimination as they say that why laws should be made only for women and children as compared to men but its high time to understand that women and children are still oppressed in some parts of the society which needs to be stop now where 70% people says that its correct to make special laws for women & children and on the other hand 10% people say its incorrect to provide special privileges to them where 20% people says may be its incorrect just because they don’t know the importance of making such laws. 55% people believe that many provisions came under this article made it easier for women to work freely and independently whereas 45% people believes that it still need some improvements so that women can work in a healthy environment and contribute to the country economically too in a much better way. A very important question came to my mind that why discrimination like gender inequality still takes place at an alarming rate and the responses are like 25% people said that it still happens because of the improper implementation of laws, 45% people said that it happen because of strict laws which I personally feel that it’s a big reason for this happenings , 20% of them said that women were not aware of such laws through which they can protect themselves and 10% people can’t answer it as they don’t know the main issue that women go through in not so developed areas. All of them think that in India still in some areas the State lacks in providing equality, freedom and indiscrimination among men, women & children because of improper implementation of strict laws and rules. 90% of them agreed on that this Article promote and provide equal opportunities to all but they also think that the article also need more attention and improvement whereas 10% of them didn’t agreed on it. These people also shared their views which were listed below:

  • Indian already have many useful laws but are neglected by the people of India they should be given bit more attention and many more laws are needed to empower women and children, especially in rural areas. I personally think that’s the place where most of the discrimination happens and women’s don’t get equal respect as men. Some laws should be made to open up the narrow mind of society.
  • Article 15 must be known to everyone and it must follow certain strict rules and regulations to protect the rights and freedom of people and person’s equality must not be denied.
  • Despite of implementation of law, the states still discriminates people and regard them as SC/ST, OBC, general and others. The centre provides reservation to SC/ST which discriminates towards generals. As they have been uplifted now so the reservation system should get a break and equality should be provided to everyone. Women’s safety can be enhanced by improving hygiene issues and sex education among the teenagers.
  • Strict laws should be applicable for women and children security and strict actions should be taken those who try to break it.

Conclusion-

Article 15 has always hurdled its way out to reach to the one really in need. The condition of the downtrodden has highly improved since its inception in 1949. It provides a base to each and everything that legislature needs to formulate provisions to promote harmony in the society. There is an extreme decline in the number of cases of atrocities against the underprivileged classes. Article 15 truly is the guardian of downtrodden and a shield against discrimination, it has helped the Indian society to stand tall and proud despite such a huge diversity and all kinds of sexism, racism and rigid caste system and will continue to contribute to India’s unity and equality, forever. It helped in the improvisation of women and children but still need some strict laws and amendments to make India free from discrimination and inequality in rural areas.

[1] The Employees State Insurance Act,1948

[2] The Maternity Benefit Act,1961

3 Schedule Tribes, Schedule Caste, Other Backward Classes

[3] Yusuf Abdul Aziz v. State of Bombay, 1954 ,A.I.R 321, SCR 930

[4] Joseph Shine v. Union of India, 2018 SCC Online, SC 1676

[5] https://www.news18.com/news/partner-content/government-schemes-and-policies-for-girl-child-empowerment-2275341.html

[6]  Kishori Lal Mohan Lal Bakshi v. Union of India, A.I.R. 1962 S.C. 1139  http://www.companyliquidator.gov.in/12/jud_sc/OFFICIAL%20LIQUIDATOR%20VS.%20DAYANAND.pdf

[7] https://en.wikipedia.org/wiki/Me_Too_movement

[8] Vishakha and ors. v. State of Rajasthan and ors., A.I.R 1997 SC 3011.  

[9] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ,  https://en.wikipedia.org

[10] http://www.legalservicesindia.com/

Scope of Article 21

 

Blog By-

Priyamahobia

ITM University, Raipur

 

Abstract

 The Indian judiciary has time and time again interpreted article 21 of the Indian constitution in new and innovative ways in order to bring relief to the oppressed. However the Supreme Court has started to declare rights which are difficult to enforce and may be only be law for namesake. The Court should take into consideration the enforceability of a right or else it will just remain an empty promise. The fundamental right to life and personal liberty has become a favourite provision for the judiciary to experiment with, to redress a variety of injustices and social wrongs. This has led to some rather impractical rulings by the Supreme Court. Granting a right which is never enforced is akin to giving an empty promise. Progress must be tempered with reality.

 

Keywords: Due process, liberty, judicial activism, enforceability, interpretation

  • Introduction

 

According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme

importance in a democratic society.” Iyer, J., has characterised Article 21 as “the procedural

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magna carta protective of life and liberty . This right has been held to be the heart of the

Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws. Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12. Violation of the right by

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private individuals is not within the preview of Article 21 . This right is guaranteed by the

constitution. This right is provided under article 21 which reads as follows:-Article 21.

Protection of Life and Personal Liberty: No person shall be deprived of his life or personal

3

liberty except according to procedure established by law . The right to life and personal

liberty is guaranteed by the Indian Constitution in Part III under the category of Right to Freedom (Articles 19-22). The right to life and personal liberty in accordance with the procedure established by law is guarantee by Article 21 of the Indian Constitution. The right is available to both citizens and non-citizens. The scope of Article 21 have been expands over the years through judicial pronouncements over the years.

Scope of Art. 21

The scope of Article 21 was a bit narrow till 50s as it was held by the Apex Court in A.K.Gopalan vs State of Madras that the contents and subject matter of Article 21 and 19 (1) (d) are not identical and they proceed on total principles. In this case the word deprivation was construed in a narrow sense and it was held that the deprivation does not restrict upon the right to move freely which came under Article 19 (1) (d). at that time Gopalan case was the leading case in respect of Article 21 along with some other Articles of the Constitution, but post Gopalan case the scenario in respect of scope of Article 21 has been expanded or modified gradually through different decisions of the Apex Court and it was held that interference with the freedom of a person at home or restriction imposed on a person while in jail would require authority of law. Whether the reasonableness of a penal law can be examined with reference to Article 19, was the point in issue after Gopalan case in the case of Maneka Gandhi v. Union of India, the Apex Court opened up a new dimension and laid down that the procedure cannot be arbitrary, unfair or unreasonable one.

Discussion

 WHAT DOES THE ‘RIGHT TO LIFE’ EMBODY?

Article 21, which embodies the right to life and liberty, is the right from which all other rights emerge. Without the right to life and liberty, all the other fundamental rights would be absolutely meaningless.
When we analyse the meaning and implications of Article 21, we can consider that it embodies two separate rights that in fact are inseparable and go hand in hand. These two rights are, i) the right to life, and ii) the right to personal liberty.

THE ‘RIGHT TO LIFE’

‘Life’ as mentioned under Article 21 signifies not merely living or the physical act of breathing. It has a much more profound meaning that signifies the:

  • Right to live with human dignity;
  • Right to livelihood;
  • Right to health;
  • Right to pollution free air; and
  • Right to live a quality life.
  • Right to go abroad;
  • Right to privacy;
  • Right against solitary confinement;
  • Right against delayed execution;
  • Right to shelter;
  • Right against custodial death;
  • Right against public hanging; and
    anything and everything that fulfils the criteria for a dignified life.

WHAT IS ‘PROCEDURE ESTABLISHED BY LAW’, AS MENTIONED IN ARTICLE 21

We have already analysed the first part of the Article that encapsulates that every individual is fundamentally entitled to his life and personal liberty, unless deprived by the due process of law.

To recap, Article 21 mentions that, “No person shall be deprived of his life and personal liberty except according to procedure established by law.”

The expression “procedure established by law” has been subject to examination in various landmark cases and the consensus is that that the procedure prescribed by law for depriving a person of his life and personal liberty must be “right, just and fair” and not “arbitrary, fanciful and oppressive,” otherwise it would directly violate Article 21.

EFFECT OF ARTICLE 21

Article 21 of our constitution is the most far reaching in its scope and reach and it is fair to say that it is the foundation on which every other law is laid. The right to life and liberty is something that affects each and every person in the country, every single moment of their life and it is something that we must always value and fight for as it has been guaranteed to us by our forefathers and maintained by the vigilant eyes of our Judiciary that keeps our rights intact.

The bottom line here is that, this is a very important article, i.e. Article 21 can be understood in parts to define the extent of its meaning, but must be read as a whole to understand its true effect. Article 21 is basically, responsible for enabling the fullest development of an individual and ensuring his dignity of life by the power vested in it by law. The effectiveness of this law can only be possible if it is supported by procedural machinery that is reasonable, just and fair for all.

Conclusion

This research paper discusses about the clash between two fundamental rights guaranteed to the citizens of India, under the Part III of the Constitution of India, 1950, namely, The Right to Information, implicitly a part of Article 19(1)(a) and The Right to Privacy, which is a part of Article 21, “Right to Life”, which is also known as the heart of the Indian Constitution. While the Right to Information helps create a transparency in the functionalities of the government, the Right to Privacy helps in creating a line of difference between “The Public” and “The Private”, and “What Information should be disclosed” and “What Information shouldn’t be”. It should be noted that the Right To Information and Privacy are not always conflicting rights, and are designed, in part, to ensure the accountability of the state. The important issue is how the legislation and the implementing and oversight bodies balance the two rights.44 In order to keep the conflicts at bay, a balance must be established between the Right to Information and the Right to Privacy.

Although, there is no simple solution to balancing the two rights, but most issues can be alleviated through the enactment of clear definitions in legislation, guidelines, techniques, and oversight systems. Since no rights are absolute including the right to privacy, I would like to submit that the public authorities should deal with the written requests for information under the Act with an applicant friendly attitude and when there would be a conflict between the privacy of an individual and the right to information of citizens, the latter should get proper importance as it serves larger public interest and, therefore, disclosure be made accordingly. Also, The power of disclosing information is to be exercised cautiously, and more responsible officials should be made the CPIOs.

Finally, I would like to submit that both the rights being equally essential, should co-exist in the system of governance, while managing a safe balance between the two, which would decrease the conflicts and bring about, a harmony, in the system

REFERENCES

The protection of Children from Sexual Offences Act,2012(POCSO ACT,2012)

 

Blog By-

Shiv prakash prjapati

Amity University

We will discuss about the protection of children from sexual offences act 2012 but before we go into the details of the act it is very important to understand why what is the necessity of this act why did this act be actually formed.

Need for POCSO ACT,2012

 

If we going to the history of the formation of this act we find that before the year 2012 there was no act which was very specific to the problem of sexual harassment of children.The existing act did not cover the sexual assault and sexual offences or sexual harassment against children  and moreover many children were not covered under any of the existing laws of that time. So it  was very important that a law specifically focusing towards the protection of children from sexual offences be incorporated and talking to play. With this idea of the Pocso  act 2012 came into being shut down we go into the details of this act.

Purpose of the Act-

 

Provide protection to all children from offences of sexual assault sexual harassment and pornography.child defined as any person under the age of 18 years.

Offences covered under the act

 

This act covers 6 different types of offences against children. 1- the very first that we need to discuss under this is Penetrative  sexual assault 2-next is aggravated penetrative Sexual Assault  then it’s  3-sexual assault, 4-aggravated sexual assault, 5-sexual harassment and 6-use of children for pornographic purposes. what is penetrative  sexual assault?  penetrative sexual assault is an offence where the penis  or any other object or any of the body part  is penetrated to any extent into the  vagina anus mouth or urethra of the child or the child is made to do the same to the perpetrator or to any other person. This falls under penetrative sexual assault. Penetrative sexual assault it also covers the use of mouth or touch by mouth into the  private parts of the child or making the child to do the same to the perpetrator or to any other person this is penetrative sexual assault.  Sexual assault means touching by mouth to the child a vagina or the mouth or any private part of the child or making the child to do the same to the perpetrator or to any other person. Sexual harassment is using of words or gestures or language with the sexual intent on the child or making the child to watch doing him or touching him any private parts falls under a view of sexual harassment.  sexual harassment also covers online sexual harassment where the child be is made to watch for pornographic  material. this all comes under the view of sexual harassment. The next is use of children for pornographic purposes. Where the children are used in recording through audio visual medium any pornography material. These are the major categories of offences covered under this act.

Offence is “aggravated”when:

 

Now we will discuss about aggravated penetrative sexual assault and aggravated sexual assault. when does an offence becomes aggravated? The offence would become aggravated penetrative sexual assault when it is committed by a person in position of trust authority for example if the crime or the offence is committed by a police officer any government servant any army official it will fall under the purview of aggravated penetrative sexual assault or sexual assault as the case maybe. It becomes aggravated when the offence is committed by people of medical institutions of jail remand home or the protection home where the child is placed to care and protection. If the offences committed by the people of those institutions it will comes under the category of aggravated. It will also be become aggravated if it’s gang assault when the offence is done by more than one person.If the same person is repeated the doing offence it becomes aggravated offence if due to the offence which child faces grievous physical and mental disability it is considered aggravated offence. it will also be considered aggravated if the offences done taking advantage of the disability of the child. For example the child is mentally or physically disabled and due to this the child is assaulted it becomes aggravated sexual assault.  it also becomes aggravated when the assault is done on a child who is below the age of 12 years or  if You offence is done by a relative of the person or by a person who is very known or closed to the victim it also becomes aggravated when the attempt was there to murder the child and if the child is made to strip and walking naked in public after the offence it becomes aggravated  sexual assault. Again it also becomes aggravated when the offences committed by force who was previously convicted for doing the same offence on some other children. it is an aggravated offence and also becomes aggravated when it is done during communal violence or during some sectarian violence   for example if there are Godhra problems or any other situation whether law and order of the places in a back position and then taking the situation of the law and order of that place a child is assaulted it becomes aggravated sexual assault.

Punishments under the Act:-

 

 

Offence Punishment Section in the Act
Penetrative sexual assault 7 years of imprisonment for life and fine Section 4
Aggravated penetrative sexual assault 10 years of imprisonment for life and fine Section 6
Sexual Assault 3 years of imprisonment for life and fine Section 8
Aggravated Sexual Assault 5 years of imprisonment for life and fine Section 10
Sexual Harassment of the child Upto 3 years of imprisonment for life and fine Section 12
Use of child for pornographic purposes 5 years and in case of subsequent conviction,7 years Section 14(1)
If along with pornographic acts offence also committed under Section 3 10 years to life imprisonment

Section 5-life imprisonment

Section 7- 6 years to 8 years

Section 9- 8 years to 10 years

Section 14(2)

 

Next we will discuss about the punishment under this act. this act is very stringent when deciding upon the punishment that has to be given to the propitiator of the offences. so now we coming to the various categories of the punishment as per the gravity of the offence.

The first is Penetrative Sexual Assault so the Punishment for penetrative assault is minimum seven years of imprisonment which can go up to life imprisonment. According to the latest amendment of the Indian penal code in the year 2018 there has been a provision made even death penalty can be given to a propitiator. It the crime  is committed against the child who is below 12 years of age. But she has the age of child who is below the age of 12 years and  it is specifically for female child. So as of now the amendment was only for female child below the age of 12 years.

Next is Aggravated Penetrative Sexual Assault, here are the punishment is minimum 10 years of imprisonment which can go up to life imprisonment and also level for fine.

Next we come to sexual assault for sexual assault punishment is minimum three years of imprisonment which can go up to 5 years of imprisonment and along with fine.

For aggravated sexual assault its minimum five years of imprisonment which can go up to 7 years of imprisonment along with fine

The punishment for sexual harassment of the child is up to 3 years of imprisonment along with fine.

Next we come to the punishment for using a child for pornographic purposes here the punishment is five years if convicted for first time if it is repeated offence the punishment can go up to 7 years of imprisonment along with fine.

Now this law also talks about locally using the child to pornographic purposes back if along with the using the child pornographeic purposes any of the offences as per the act for example penetrative sexual assault or sexual harassment or aggravated penetrative sexual assault is committed the crime the punishment increases as per the gravity of the crime committed on the child so these were the  basic areas where we discuss about the punishment under this act.  this act is also very specific about providing punishment for storing pornographic material where a child has been used. And  if this pornographic material is used for commercial purposes or just for storing also there is a punishment which can go up to 3 years of imprisonment and along with the fine.

Another very unique aspect of this act is the burden of proof which is shifted on the accused in cases of aggravated penetrative sexual assault ,penetrative sexual assault,sexual assault and aggravated sexual assault. So  in these four categories the burden of proof is on the accused. Normally we see in jurisprudence the burden of proof is on the victim but here the proper theatre will have to prove to self not guilty otherwise the law presumed That he is guilty and he will have to prove that he is no guilty.

Abetment and attempt:-

 

Another aspect of this act is abetment.  this act takes  abetment very seriously and the punishment for amendment is same as of actually committing the crime.next is attempt to commit an offence under this act if a person tries to commit the offence but does not actually commit the offence even then The law will consider this as an  attempt to committing the offence and the punishment for this is Half of the actual offence punishment.for example if the punishment for penetrative sexual assault is seven years of imprisonment of life and somebody tries to committed to offence but does not actually do  the offence even then He is liable to punishment and it can be the half of the actual quantum of punishment given if the crime is committed.

Procedure for reporting of cases

This act also covers trafficking of children and its purview and it is considered as crime and there is a punishment for the same. Next what become is how What is the procedure of reporting cases of Pocso.

Under this act it’s mandatory to report  cases  of sexual offences. Now where to report? As obviously the first point of reporting would be to the local police station or to the SJPU(Special juvenile police unit). It is important to report all the cases of sexual offences to the police.there after the police have to take immediate action and immediate FIR has to be registered by the police and the police will starts its investigation. The very first point  that comes in mind that we are talking about sexual offences cases, is the medical assistance that has to be given to the child. it is mandatory for the police to provide immediate medical assistance to the child. next comes reporting the case to the child welfare committee it is very important that all cases of sexual offences that are  reported to the police.  the police has to inform the CWC about the offence committed. With in 24 hours of cognizance by the police. The CWC will then necessary action about the child. There are three categories where are the CWC decide not to send back the child where it goes belonging to. For example If a case of sexual offence is committed by a member of the family or at the place where the child is stayed if a offence is committed there the CWC considering the best interest of  the child may decide to not to send the child back home.

Next Is the medical assistance.  it is very important to provide immediate medical assistance and medical examination of the child to be conducted. medical assistance for a child will be conducted by a lady doctor for female child and it is very important that all the forensic material is collected Show that the case becomes prosecutionready.and all the points and forensic materials is collected.in case a lady doctor is not available in hospital or  the parents or  guardian of the child  is not available at that time then any female staff of the hospital can be nominated to be present during medical examination and this termination will be done by the head of that medical institution. After the medical examination of the child it’s done medical assistance is  to provided to  the child it is the role of police to initiate the investigation and records the statement of the child. As per CRPC section 164 The the statement of the child will be recorded in the language spoken by the child the police will not desipher of the child is saying but actually record and understand that the child is saying. Recording of the statement investigation starts.

Mandatory reporting of cases:-

 

Failure to report commission of offence punishable with imprisonment of six months or fine or both section 21(1)

failure to record an offence also punishable with imprisonment of six months or with the fun of both session 21(1)

Two Days International Virtual Conference 2021 "MISUSE OF LAWS AGAINST MEN: CONTEMPORARY ISSUES & CHALLENGES"

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We welcome you to the International Virtual Confrence on “Misuse of Laws against Men: Contemporary Issues and Challenges” aims to bring together leading academicians, students, human rights activists, academic scientists, researchers, research scholars and other intellectuals to exchange and share their experiences and research results on all aspects of Misuse of Laws against Men: Contemporary Issues and Challenges. It also provides a premier interdisciplinary platform for researchers, practitioners and educators to present and discuss the most recent innovations, trends, and concerns as well as practical challenges encountered and solutions adopted in the fields of Misuse of Laws against Men: Contemporary Issues and Challenges. This Virtual Confrence will provide discussion on, to focus on men’s and boy’s health, improving gender relation, promoting gender equality and highlighting positive male role models. It is an occasion for men to celebrate their achievements and contributions, their contributions to community, family, marriage, and child care while highlighting the discriminations against them.

The International Virtual Confrence on Misuse of Laws against Men: Contemporary Issues and Challenges 2021 is taking place on 19th and 20th November, 2021 organized by Event Committee of Vidhi Seva Evam Samajik Utthan Samiti.

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Cruelty to Women IPC 489 (A)

Name : Harshita Pandey

Course : BA.LLB (H)

Year : 3rd Year

College : Amity University, Lucknow Campus

Abstract:

Domestic violence or some form of abuse including mental, physical and sexual abuse in a domestic setting, such as in marriage or cohabitation also commonly known as intimate partner violence.

It is a common occurrence throughout the world but in India, it is prevalent here as the issues of dowry, male dominance and living in joint family set ups are the norm here. Therefore, these factors play an additional role in making the women, victims of domestic violence. Not only do the women suffer violence from the husband but also from the family members of the husband specially when the issue is of dowry whether lack of it or an unsatisfactory amount. The statistics do not show the correct picture as things are not reported often due to social stigma attached with it and the whole Indian mentality of worrying about other peoples’ opinion. Most of the time, only way the issue reaches the police and courts of law are when either the victim dies due to the injuries, commits suicide or reaches the hospital for treatment. Otherwise the milder forms of abuse are mostly kept well hidden.

Prior to 1983, there was no provision in Indian legislation to deal with specifically with domestic violence. When the Indian Penal Code (45 of 1860), was amended in 1983, Section 498A was inserted. Section 498A deals with ‘Matrimonial Cruelty’ perpetrated on a woman. Matrimonial Cruelty in India has now been made a cognizable, Non- bailable and Non-Compoundable offence.

Introduction

The declaration on the elimination of violence against women defines “violence against women” as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.”

A subset of violence against women, is domestic violence, defined as “violent or aggressive behaviour within the home, typically involving the violent abuse of a spouse or partner”. It is prevalent in India, as the Indian society is well defined by certain norms and practices that might be considered regressive.

The dowry system is a glaring example of such a regressive practice and considered one of the root causes of domestic violence in India. The dictionary definition of dowry being “an amount of property or money brought by a bride to her husband on their marriage”.In India, the whole concept of a successful marriage is often defined by the amount of dowry the bride brings. If the bride’s family is unable to fulfil this demand then the whole cycle of demand for additional dowry and domestic violence ensues. Regular beatings, deprivation of basic needs, emotional abuse like continuous demands for dowry, insults to the women and her family, the cycle keeps on increasing. In most of the instances, the victim keeps quiet in order to avoid emotional and financial distress to her family, her inability to stand up for herself, financial dependence, lack of education and knowledge of her rights and fear of social stigma. Often, the only way these cases reach the police or court of law is when either the victim dies due to the injuries, commits suicide or reaches the hospital for treatment.

Though this system of demand for dowry and domestic violence associated with it, is an age old practice yet prior to 1983, there was no provision in Indian legislation to deal with it specifically. When the Indian Penal Code (45 of 1860), was amended in 1983, Section 498A was inserted which deals with ‘Matrimonial Cruelty’ and is defined as “Husband or relative of husband of a woman subjecting her to cruelty”. Matrimonial cruelty has now been made a cognizable, non-bailable and non-compoundable offence.

Case Details

The case was of a 29-year-old female in an arranged marriage with demands for additional dowry. She was beaten up regularly by her husband and FIL. Following the beatings, she began to have some neurological problems. When she became pregnant with a female child (sex determination was done illegally) her in-laws and husband pressurized her to abortion it, which she refused and was allegedly administered some unknown substance/poison by her MIL.

During this time there were she mentioned 2 specific episodes of violence by her husband and FIL when she was hit on the neck with danda and belt following which her condition start deteriorating. She was taken to a local hospital who referred her to Neurology Department of AIIMS. During her treatment she was put on ventilator and kept in ICU for 2 months.

She alleges that even while admitted, she was subjected to multiple episodes of violence by her husband and FIL who threatened to remove the ventilator if her father didn’t pay additional dowry.

She was discharged after 6 months with following diagnosis: LMN Quadriparesis with diaphragmatic weakness and ventilator dependence. She was not taken care of properly in her in laws house, so she went back to her own home and currently she is bedridden on ventilator and residing at her parents’ house.

She has lodged an FIR with the police alleging domestic violence and torture with demands for additional dowry.

A medical board of doctors was formed to opine whether her condition was a result of physical violence meted out her. Her treatment papers were reviewed, and in view of unknown substance administered to the victim, samples were collected for toxicological analysis.

At the time this case report was written, the case was still under investigation and deliberation by the board.

Discussion

The case discussed shows that the topic of dowry remains closely associated with perpetration of domestic violence over women. Under the Indian Law, the factor “beyond reasonable doubt” forms the basis of prosecution against all crime and in cases of domestic violence, the violence occurs within the four wall of the marital home, proving her case in front of the Court of Law proves exceedingly difficult for the victim.

A study by Leela Visaria – “Violence against Women in India: Evidence from Rural Gujarat” showed that two-thirds of the married women out of the 450 surveyed, reported some form of psychological, physical, or sexual abuse. Of the total sample, 42 percent experience physical beatings or sexual assault. An additional 23 percent suffer abusive language, belittlement, and threats. About 36-38 percent of women in a Tamil Nadu study and 42-48 percent of women in an Uttar Pradesh study reported violence.

According to the NCRB data, domestic violence figures at the top in violence against women in 2018. Majority of cases under crimes against women, out of total IPC crimes against women were registered under ‘Cruelty by Husband or His Relatives’ (31.9%). The crime rate per lakh women population is 58.8 in 2018 in comparison with 57.9 in 2017.

Total no of cases registered under Cruelty by Husband or his relatives (Sec. 498 A IPC) was 104165 in 2018 all over India while those registered under Dowry Deaths (Sec. 304B IPC) was 7277 and under Abetment to Suicide of Women (Sec. 305/306 IPC) was 5266.

Kimuna et al. have published domestic violence trends in India, based on the 2005–2006 India National Family Health Survey-III (NFHS-III) data on the 69,484 married women of ages from 15 to 49 from all regions of India. They report 31% of respondents had experienced minor to major form of physical violence in the 12 months prior to the survey, while the domestic sexual violence prevalence rate experienced by the woman was about 8%. Women who lived in cities, had higher household wealth, were Christian and educated had significantly lower risk of physical and sexual domestic violence. In contrast, wives of men who drank alcohol had significantly higher risks of experiencing both physical and sexual violence.

A 1999 study published by the American Journal of Epidemiology identified so-called “stress factors” that are critical to understanding varying rates of domestic violence. These stress-related factor include low educational levels, poverty, young age at time of marriage, having multiple children, socioeconomic class, educational level of both victim and perpetrators, and family structure.

The Indian legal system has formed Section 498A of Indian Penal Code according to the Criminal Law (Second Amendment) Act, 1983 (46 of 1983), specially for dealing with domestic violence. 498A IPC states – “Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Sec 498A IPC is cognizable, non compoundable and non bailable.

One more safeguard that the Indian Law has added in order to protect women from domestic violence is the provision of Indian Penal Code (45 of 1860) Amendment Act, 1986 whereby Section 304B has been added to the Indian Penal Code which addresses dowry death.

Even though the law provides for the security of women, yet there is a big loophole; a lack of awareness in the victims, most of whom do not know that they have the option to approach the law.

 CASE LAW 

Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273

In an endeavour to ensure that police officers do not arrest the accused unnecessarily and Magistrate do not authorise detention casually and mechanically in cases under Section 498-A IPC, the Court gave certain directions (however, the directions apply also to other cases where offence is punishable with imprisonment of not more than seven years) which include:

(a) Police officers not to automatically arrest the accused when a case under 498-A IPC is registered. They should satisfy themselves about the necessity of arrest under parameters flowing from Section 41 CrPC (the judgment lays down the parameters).

(b) Police officers shall fill the checklist (containing specified sub-clauses under Section 41(1)(b)(ii) CrPC) and furnish the reasons and material necessitating the arrest

© The Magistrate will authorise detention only after recording its satisfaction on the report furnished by the police officers.

(c) If the police officers fail to comply with the directions, they will be liable for departmental action as well as punishment for contempt of Court.

€ Failure of the Judicial Magistrate to comply with the directions will render him liable for departmental action by the appropriate High Court.

Rajesh Sharma v. State of U.P., 2017 SCC OnLine SC 821

In this case, too, the Supreme Court gave directions to prevent misuse of Section 498-A IPC which were further modified in Social Action Forum for Manav Adhikar v. Union of India, 2018 SCC OnLine SC 1501. These directions include:

(a) Complaints under Section 498-A and other connected offences may be investigated only by a designated Investigating Officer of the area.

(b) If a settlement is reached between the parties, it is open to them to approach the High Court under Section 482 seeking quashing of proceedings or any other order.

© If a bail application is filed with at least one day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not, by itself, be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected.

(c) In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine.€ These directions will not apply in case of tangible physical injuries or death.

SUGGESTIONS

The Court and Legislature have to make changes if the laws of matrimonial cruelty are to be of any deterrence. Looking into the recent observations and the increase in the misuse of this Section, there should be certain amendments which should be brought up in this law:

1. Role of Women NGOs: These organizations should investigate complaint properly without any bias towards the woman keeping in mind that the law is being misused largely to harass more women in husband’s family. They should not encourage any woman to file a criminal case against her in-laws for trivial matters. Foreign Women Organizations should also take responsibility of not allowing false complaint to be registered against NRI’s just to harass and extort huge amount of money from them. These organizations should also conduct survey/research on the misuse of the act and should educate people about its consequences. If these organizations are found to be assisting in filing false complaints, then they should be made liable for prosecution in the country where they are functioning.

 2. Family Counselling Centres: Numerous cases of men being harassed by wife or/and in-laws have come to light from different parts of the country. As of now there is no organization, which can really help these harassed men and his family members, to listen their side of the story and put their point of view in front of the government. Need of the hour is to create family counseling centers across the country to help those aggrieved families.

 3. Time bound Investigation and Trial: A speedy trial of 498(a) cases will not only ensure justice for the innocents that have been implicated in false charges, it will also lead to prompt redressal of the grievances of real dowry victims .The reduction in false cases will also reduce the burden on judiciary and expedite the processing of real cases.

4. Definition of Mental Cruelty: Mental cruelty has been vaguely defined in the act, which leaves scope of misuse. This should be clearly elaborated to remove loopholes in the law. There should be provision for men also to file a case for mental cruelty by his wife.

 5. Investigation by Civil authorities: The investigation into these offences be carried out by civil authorities and only after his/her finding as to the commission of the offence, cognizance should be taken. The government should create awareness among officers about its misuse.

 6. Bailable: The main reason of 498a being misused to harass innocent is its non-bailable nature. This section should be made bailable to prevent innocent old parents, pregnant sisters, and school going children from languishing in custody for weeks without any fault of them.

 7. Compoundable: Once FIR has been registered it becomes impossible to withdraw the case even if wife realizes that she has done a blunder and wants to come back to her matrimonial home. To save institution of marriage this should be made compoundable. Moreover, in the scenario where the couple decides to end the marriage by mutual divorce, continuation of criminal proceedings hamper their life.

 8. Arrest Warrants: Arrest warrant should be issued only against the main accused and only after cognizance has been taken. Husband family members should not be arrested.

 9. Penalty for making false accusation: Whenever any court comes to the conclusion that the allegations made regarding commission of offence under section 498a IPC are unfound, stringent action should be taken against persons making the allegations. This would discourage persons from coming to courts with unclean hands and ulterior motives. Criminal charges should be brought against all authorities that are collaborating with falsely accusing women and their parental families.

 10. Court Proceedings: Physical appearance of the accused on hearing should be waved or kept low to avoid hassles in appearing to the court, especially for NRIs. The court should not ask to surrender passport of the husband and his family which could cost job of the husband and his family members.

 11. Registration of Marriage and Gifts Exchanged: The registration of marriages should be made compulsory along with the requirement that the couple make a joint declaration regarding the gifts exchanged during marriage.

 12. Punish Dowry Givers: If the complainant admits giving dowry in the complaint, the courts should take cognizance of the same and initiate proceedings against them under the relevant sections of the Dowry Prohibition Act

 13. Penalize corrupt Investigation Officers: If it is apparent to the court that a fair investigation has not been conducted by the investigation officer, and that the husbandand his family have been charge-sheeted without proper verification of the complaint, the investigation officer should be penalized for gross negligence of duty.

 14. NRI Issues : Unless they are proven to be guilty after the due judicial process, NRIs should be a given a fair chance to justice by assuring them of the following -a) Permission to return to country of employment b) No impoundment/revocation of passport and no Interpol Red Corner Notices. c) No unnecessary arrests d) Expeditious investigation and trial

15. Gender Neutral: Everyone should have equal rights and responsibilities, irrespective of gender. In the current social context, there should be similar laws to protect harassed husband and his family members from an unscrupulous wife.[25]

This Section only provides for the remedy to woman only and these days it is being used as a ‘brahamastra’ by the woman. It is a highly debatable issue these days, if this problem is not solved by legislation it may become a bane for the society. People’s trust over the judiciary will come to an end. So it’s high time that this Section be amended and some changes like mentioned above should be brought up in this law.

Conclusion

Misuse of Section 498A is not a rumour it is proved now, the woman laid down a false charge under the provisions of Section 498A IPC and created her husband under the rule. The boys have no laws to protect themselves from women’s abuse. Moreover, in every district court case, section 498A IPC was misused. The cases were still unresolved, and the square measure of husbands paying maintenance to their wife just because he’s husband doesn’t mean he’s to blame for all the expenditures and benefits. The ladies are scammers as opposed to men in society. This section is used as a weapon by the wives to collect some cash from their husband’s. It is the fact that Section 498A IPC is misuse by the women to husbands and in-laws. The tests are finished and published already. This segment was seen to be keen on people. Section 498A is right to protect women, but it’s actually harassment of husband and in-laws by a spouse. The effect on society of this example is terribly unhealthy. The Law Commission addressed the issue concerning abuse of this provision in its 243 reports on IPC Section 498A. The commission has recommended that the offence can only be made compoundable with the court’s permission, and precautions must be taken before granting. The commission has recommended, however, that the offence should remain undeclared. The abuse does not mean that we are removing the usefulness of the laws that impact the wider public interest.

Questionair On The Topic is here :

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PANEL DISCUSSION ON “BIOMEDICAL WASTE: PRE & POST COVID-19

About Vidhi Seva Evam Samajik Utthan Samiti:

Vidhi Seva Evam Samajik Utthan Samiti is an NGO based in Uttarakhand, was founded in 2019 by an inspired groups of Students with the aim to spread awareness through outreach programs, seminars, conferences, etc. regarding legal rights, duties and government schemes in those areas where it is necessary and to help in providing assistance to the needy ones. It is registered in Dehradun, Uttarakhand .

About the Webinar:

Vidhi Seva Evam Samajik Utthan Samiti is organising a free webinar on 05th June 2021 at 10 a.m. Venues are Streamyard & Facebook Live-Streaming (no e-certificate for Facebook Live-Streaming). Free e-certificates will be issued for the registered participants only subjected to T&Cs.

Theme: “Biomedical Waste: Pre & Post Covid-19 ”.

Registration Fees:

NIL, there are no registration charges, anyone can join the webinar free of cost.

Provisions Regarding Claiming Free E-Certificate:

You are eligible for claiming a free e-certificate, if you fulfills the following conditions namely;

i. If you join the meeting (no e-certificate for Facebook Live-Streaming);

ii. And you remain in the Meeting for minimum 60 minutes;

iii. After the end of the webinar session, a link of the Facebook Video of the said webinar will be provided on your email address to share the feedback. You have to share your feedback on the same day otherwise you’ll be disqualified from claiming a free e-certificate;

iv. You must adhere to the provisions of attendance, requirements for joining the webinar and important instructions mentioned in the official notification;

v. Free e-certificate will be provided within 7 days from the date of the webinar.

Contact Details:

Contact Person Name: Mohammad Raashid Ali, President, Vidhi Seva Evam Samajik Utthan Samiti

Chairperson- Event Committee.

Contact Number: +91-6395670454.

Email: vidhiseva1807@gmail.com.