Bullying in all forms is counterproductive and leads to long term issues with the person bullied as well as his peers. With the advances in technology, more and more children have access to internet and bullying as also entered the cyber world. It is reported that 7 out of 10 children become victim of bullying online. The common platforms where bullying happens is Facebook twitter, instant message, snap chat, email, websites, photo video sharing, online gaming. The common effects of cyber bullying on children are skipping school, taking to drugs, running away from home, eating disorder, alcohol abuse, entering into anti social behavior, self harm and depression. The most important way of preventing cyber bullying is to add only known individuals and reporting any conversation that makes a person feel uncomfortable. It is very important for parents and caregivers to inform children about cyber bullying and being open to any conversation related to their problems. Parents need to be vigilant to any change in the behavior of their children or their friends which might be indicative of any online bullying. In cases of cyber bullying, it is important to take a screenshot of the conversation, print the evidence and don't retaliate, block the person and talk about it to somebody who is trustworthy. The biggest problem with cyber bullying is that it is not bound by domestic or national borders, a bully might be sitting best doors or he might be on the other side of the globe. As with any other cybercrime, nations need to come together to fight the problem of cyber bullying.
Tuesday 15 November 2016
Sunday 13 November 2016
Test identification parade
In a criminal investigation and trial, it is important to ensure that the person apprehended is the actual offender. Test identification parade is a method by which the investigation agency canbe sure that the investigation is proceeding in the right direction. The Supreme Court has observed that for a test identification parade, the eye witness should be shown a number of individuals to determine which one he saw. The witness should not be shown the photograph of the accused prior to the identification parade. Any distinctive marks in the accused like a mole or a birth mark should be covered with a paper or card and similar paper or card should be placed at the identical areas on the rest of the individuals standing in the parade.
In the case of Kanta Prasad v Delhi administration AIR 1958, the Supreme Court observed that the purpose of the test identification parade is to test the statement of the witness. When conducted during the time of investigation, it assures the investigating agency that the investigation is proceeding in the right direction. The court observed in the case of Sheikh Hasib v State of Bihar, that the test identification parade during investigation is held to minimize chances of memory fading due to long lapse of time. The importance of test identification parade was highlighted in Dana Yadav v State of Bihar AIR 2002 SC.
In Unni v State of Kerala (2012)11 SCALE, the court observed that the mere failure to hold test identification parade is not fatal to the case. In Ronald James Alwair v State of Maharashtra (1998)3 SCC, it observed that where the witness had interacted with the accused, absence of test identification parade does not damage the testimony if the witness identifies the accused in the court gir the first time.
Thus, the test identification parade is a means of ensuring that the investigation is proceeding in the right direction and also to verify the memory and testimony of the eye witness. Efforts need to be taken during it to ensure that the witness is not prejudiced against the accused and an innocent man is not identified as an accused. All precautions need to be taken to ensure the veracity of evidence.
In the case of Kanta Prasad v Delhi administration AIR 1958, the Supreme Court observed that the purpose of the test identification parade is to test the statement of the witness. When conducted during the time of investigation, it assures the investigating agency that the investigation is proceeding in the right direction. The court observed in the case of Sheikh Hasib v State of Bihar, that the test identification parade during investigation is held to minimize chances of memory fading due to long lapse of time. The importance of test identification parade was highlighted in Dana Yadav v State of Bihar AIR 2002 SC.
In Unni v State of Kerala (2012)11 SCALE, the court observed that the mere failure to hold test identification parade is not fatal to the case. In Ronald James Alwair v State of Maharashtra (1998)3 SCC, it observed that where the witness had interacted with the accused, absence of test identification parade does not damage the testimony if the witness identifies the accused in the court gir the first time.
Thus, the test identification parade is a means of ensuring that the investigation is proceeding in the right direction and also to verify the memory and testimony of the eye witness. Efforts need to be taken during it to ensure that the witness is not prejudiced against the accused and an innocent man is not identified as an accused. All precautions need to be taken to ensure the veracity of evidence.
Thursday 10 November 2016
Water supply cannot be cut as penalty
The Bombay high court has recently ruled that water is a basic necessity and the right to clean water is part of the right to life. The BMC cannot disconnect a person's water supply as a penalty for unpaid bills. In the instant case, when the petitioner moved into a rented apartment there were arrears in water bill left by the previous tenant. Inspite of her request to pay the arrears the municipal corporation disconnected her water supply without any prior notice.
The right to clean water is a fundamental right being part of the right to life. The court observed that it would consider the breach of fundamental rights very seriously. Being part of one's constitutional right, a civic body cannot be justified in disconnecting water supply to anyone's residence even in cases of unpaid bills.
The right to clean water is a fundamental right being part of the right to life. The court observed that it would consider the breach of fundamental rights very seriously. Being part of one's constitutional right, a civic body cannot be justified in disconnecting water supply to anyone's residence even in cases of unpaid bills.
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