Tag Archives: legal problems

DELIBERATION ON NEW EDUCATION POLICY, 2019

by Sidhanta Sarkar

There have been enormous loopholes in the DNEP, 2019 and one such is the inclusion of norms for religious morality. In recent times, this has been the most heated topic of all time. The opposition parties are claiming that DNEP has made things worse for the religious minorities. The contention from opposite parties is clear and transparent that the DNEP has focused only on “Hindutva”.

In section 6.1 of DNEP, it talked of religious minorities and in that, they only talked about reading Panchatantra and Jataka Tales but there has been mentioning of Arabian Nights and other good fables. Also, removing “The Great Akbar” story from the textbook is one such example that the Party does not want to mention any Muslim or other religious minority community.

In the preamble of DNEP, the “Secular” word is missing. This clearly states what the government intends to do. Also, from the case of “T.N. PAI v. UOI”, the Hon’ble court gave the decision that minorities cannot be decided based on religion. Hence, the ruling government is not taking judiciary into consideration which clearly means that slowly, the country is losing its foundation democracy. There has been no mentioning of how the government will deal with disabled people in terms of education. 

Education comes under the concurrent list which means that both the state as well as the central government has equal say. But by making Narendra Modi the head of RJC committee, they have violated the meaning of the concurrent list. 

Below mentioned are some of the recommendations of DNEP, 2019-

  • Inclusion of LGBT community in the gambit of NEP.
  • Amendment to Section 12© of RTE act. 
  • Inclusion of Right of persons with disability Act, 2016
  • Keeping religion and politics away and include secularism.
  • Follow the concurrent list in better and goo spirit. 
  • Education system should be away from privatization and centralization.
  • Fee structure should be regulated.
  • Annual survey regarding absorption capacity for the professional courses.

It is the dire need for the government to take into considerations, all these recommendations mentioned above because it is a very well-settled principle that in a policy, there cannot be such big loopholes and there should not be the inclusion of religion.

LEGALIZATION OF PROSTITUTION IN INDIA IS A DESIDERATUM

by Aditi Narain

Being at par with the world is the ‘new in’, India stands in par with most upcoming or at the least attempts to do so. The final abolishment of triple talaq was done by the Indian Judiciary by the end of the last decade. The need to adapt to the recognition of will, in turn, assist the government in regulating and keep in check of the already running centuries-old brothels.  

Fifteen countries of the world legalize that have legalized prostitution include; New Zealand has legalized prostitution since 2003 which encompasses licensed brothels operating under public health and employment laws, which gives prostitutes social benefits like any other employees; Belgium intends to remove the stigma society at large holds against this profession and has introduced fingerprint access and key cards inside running state of the art brothels; Denmark also has legalized prostitution and the state also gives aid to its disabled citizens for availing these services; France recognizes prostitution legally but does not support running of brothels; Germany legalized prostitution and state-run brothels in 1927, hence they receive all benefits like health insurance and pay taxes and so has Greece. The list has more countries but the gist is that countries embracing this profession rather than treat it with disgust.

The legal recognition of prostitution will effect in, payment rights to their services and will reduce exploitation. They will receive health benefits which include regular checkups and thus keep their bodies healthy and alarm them about the onset of pregnancy. They will pay taxes as any other employee does and get positive recognition in society due to all the above. Lack of legal support also gives rise to crimes like extortion, bodily injuries, rape, forced prostitution, and human trafficking.

Modus operandi in Arthashastra 

In the third century BCE, during the reign of Chandragupta Maurya, Asthashastra was the governing book for all state and law-related matters within their empire. A part of Arthashastra has operatives and laws on courtesans, brothels, and prostitutes. They were important employees of the government who worked in the King’s court and aided the army. 

The platform for sexual entertainment to the public using prostitutes was carried out in a state-owned establishment. The state was responsible for bearing all the expenses for the training and education of prostitutes and courtesans, accomplishments included singing, playing musical instruments (including the vina, the flute, and the mridangam), conversing, reciting, dancing, acting, writing, painting, mind-reading, preparing perfumes and garlands, shampooing and making love. The sons of the prostitutes were trained to become a producer of plays and dances at the expense of the state. Thus, all the prostitutes were paid employees at such establishments, who received a fixed salary and paid one-sixth of their earnings to the state in the form of taxes. The entertainment houses were headed by a capable, beautiful and talented woman, who was titled as madam and was to be paid 1000 panas as her employment wage, a deputy appointed below her would receive 500 panas as her employment wage.  Stiff punishments were given to people who robbed or cheated on a prostitute, abducted her, on confining her against her will or disfiguring her and to those who forced themselves upon virgins or daughters of a prostitute, the man must pay fine and also compensation to the mother of sixteen times the fee for a visit.

The exploitation of rights of prostitutes

The well-being, humane rights, recognition, and health are all at risk for all the women, men and transgender who work as prostitutes. 

A BBC documentation on the horrors of brothels has highlighted the need to legally recognize their work to avoid exploitation of teenagers as sex workers against their will and of women who have firstly, been brought to the brothel by misrepresentation and fraud and secondly by men who are the users of their services, who force them at their whim and also deny to paying them.The All India Network for Sex Workers list the difficulties faced by them in India; 

  • Critique the trafficking paradigm that conflates representations of sex work, migration, and mobility
  • Speak out about violence against sex workers, including violence from police, institutions, clients, and intimate partners, while challenging the myth that sex work is inherently gender-based violence
  • Oppose human rights abuses, including coercive programming, mandatory testing, raids, and forced rehabilitation
  • Challenge stigma and discrimination against sex workers, their families and partners, and others involved in sex work
  • Oppose the criminalization and other legal oppression of sex work and support its recognition as work
  • Advocate for universal access to health services, including primary health care, HIV and sexual and reproductive health services. Advocate for the economic empowerment and social inclusion of sex workers as sex workers

Suggestions can only be made as long as the ones you are orating to understand your opinion, reflect about its consequences and according to act upon them, wherein our government fails to do so. The implementation of authorities to regulate prostitutes will benefit both sides of the ordeal. The crimes at and related to prostitutes will drop as they will be employees like any other citizens who work, they will have established health and social security. They are humans who have been treated like cattle. India needs to brush off its post-Victorian law adaptations and read to learn more from its own rich and unorthodox past, that set stands which is unattainable by the current mindset of officials and society.

SHOULD DEATH PENALTY BE ABOLISHED IN INDIA?

by Sidhanta Sarkar

The death penalty which is also known as “Capital punishment.” In criminal law though, in ancient times a number of ways were present to punish an accused with reference to the nature of his crime against the society. Such punishment was considered based on the nature of criminality presence in an act of the accused. In ancient Indian epics like; the Mahabharata and the Ramayana have also considered the death penalty which was known as “vadhadand” which meant ‘amputation by bits’ which classified into fourteen modes. While in furtherance of retention of the death penalty, King Dyumatsena observed that “if the offenders were leniently let off, crimes were bound to multiply.” In his statement, he explained that the execution of unwanted criminals was perfectly justified in the existing society. As in the same manner the great eminent law-giver Manu also stated: “that in order to refrain the people to indulge in any criminal activity fear as an essential mode for which death penalty was necessary in the society”. He further stated that in the absence of this mode of punishment the weaker would not be able to survive in the society. The concept of the death penalty was only effective in an ancient period but also has the same status in the reign of Mughals rule in India where the death penalty was not executed in a simple manner. Each and every accused person was bound to suffer and also to bear the pain until his death. Mode of the death penalty by way of nailing the body of the accused on walls was common which was abolished later in the British system of criminal justice. Thereinafter, only the mode of the death penalty by way of hanging has remained and which is yet, continuously followed by the Indian criminal justice administration. Being a way to deter offenders, it also enshrined in Section 54 of the Indian Penal Code (45 of 1860) which mentioned the death penalty as a way of punishment to refrain criminals.

Retributive Effect:

 Death penalty since ancient time considered as an effective weapon of refraining the people to indulge in any heinous criminal activities which may affect their life or through them in the well of death. Since that period this mode of punishment is also considered as an effective measure of retributive justice. In furtherance of the justification of the death penalty, it is to be said that this is a lawful measure to punish an offender who already takes away the life of another person. It is to be said by a scholar that “a person who kills another must be eliminated from the society and therefore his execution is justified.”

 Deterrent Effect: 

The death penalty though one hand has a retributive effect but on the other hand, it also has a deterrent effect which mainly deters the offenders to indulge in most heinous crimes. Its deterrent effect can be the best way by which perhaps, offenders keep themselves away from the criminality. If they are made aware of this and make such fear in their mind than in a positive way there can be a reduction of the incidences of homicide in the existing society. But in present, the method of public hanging in the early days is prohibited in respect of present laws in our country because of the extension of the human rights regime.

Conclusion:

In our country, there shall be retention of the death penalty because in the present era there is no substitute for the death penalty which may play a similar role towards punishing the criminals convicted in heinous criminal activities. In India, there are several people as well as some communities raising their voice to abolish the death penalty but there is no substitution or alternate of death sentence which may prevent the criminals to commit those offenses which may be punished with a death penalty as a mode of punishment. If in India, the death penalty would be abolished than in those cases the amount of criminality or criminals or rate of the offenses would increase as the time passes. Therefore, it is not quite possible to abolish death sentence as a mode of punishment mentioned in the Indian Penal Code, 1860. Because if someone wants to harvest crops from the fields, then he has to decide before what substitute he will plant. Similar is in case of the death penalty if there is a need to change the mode of punishment which already exists in the present society or also enshrined in the codified laws than a further step should be there for deterrence of the criminal minds and their behaviors towards the particular community or society at large. Though, as per the opinions of some of the people belonging to the society support the idea that in more than hundred countries death penalty has been abolished, then they should be remember that we cannot change anything with only seeing particular actions instead of this we should rely upon the circumstances of those countries where it has been abolished. The judicial actions taken and policies revised are not only based on present circumstances but also on past events which lead to historic commitments in a country hence, it is rightly said that: ‘future may be based on past’. If we want to cut the tree then we are required to analyze its roots to cut out them, similar is the case if we want to abolish the death penalty. Therefore, death penalty should be retained in India and those laws which are existing in present society shall be enforced. For the prevention of criminal activities or the rise of criminals or heinous crimes, we can say that such laws need to have some enforcement among the people as well as society at large in India.

ERAS OF POLITICAL DRIFT

By Sidhanta & Aditi

Recently, the global world has started experiencing some revolutionary political changes. As during the twentieth century, realism and idealism both collided as conceptual rivals for understanding international relations, but the situation kept worsening in this scenario. Throughout history, the maps of nations have changed on account of the existence of various political influentials whether it is through democracy or a fascist dictatorship or a Parliament or a Communist dictatorship. The collision has been considered as a loophole in international relations. In a society with a high plurality, people may have all kinds of belief which can vary from person to person.
Changes in the society have led to the variation over time in patterns of political roles. Today, democracy has changed the mindset of society and the growth in competition in politics has become the major problem.
Therein media has emerged as the essential part of the subject as it plays the game of manipulating the society as we have seen in Spanish-American War and Nigeria propaganda War. The Nazis and Americans
portrayed the best of propagandist war. Nazi Germany introduced the term, “Blitzkrieg” and the American version of a blitzkrieg attack was “shock and awe”. Both actions aimed at achieving mass destruction within enemy’s territory. Such annihilation resulted in the violence of inequality and injustice, that is structural violence which as stated by Winter and Leighton, “embedded in ubiquitous social structures [and]
normalized by stable institutions and regular experience”.
Activists agree that the society needs to reconcile, per say, the three paradox of democracy are the parameters for society and its newly flourishing regulations to be kept within the boundaries of democratic
freedom.