Tuesday 31 December 2019

Climate protection

Climate change is a reality that almost everyone knows about though there are a few deniers. Protecting the earth's environment needs more than just planting trees. From forest conservation to wildlife preservation, using renewable energy sources to creating me efficient technology based upon sustainable practices are just few of the things that can be done to protect the environment. From the legislative point, more stringent laws protecting the natural environment as well as levying harsher penalties for causing pollution and environmental degradation should be enacted and imposed. Environmental protection needs to be taken from grassroots levels and governments should invest in creating awareness about the same. Protecting the natural flora and fauna requires both strict laws as well as an insight to create mass movements so that every individual feels responsible for them and acts as a guardian of the environment. Fighting the coal industry alone is not sufficient if proper alternate employment is not provided to those who are solely dependent on it for their livelihood. Mining should be done diligently and coal usage slowly phased out to more sustainable energy sources. The earth has enough for everyone's needs and everyone should act to protect it.

Wednesday 13 November 2019

Protecting children from abuse

Protecting children from abuse is very important specially as they don't always have a voice and are many a times unaware of their rights and interests. As predators lurk both in the physical and the digital world, it is important that precautions are taken in both. Some of the steps to ensure the safety of children are:
- developing an open channel of communication with them and developing mutual trust.
- making them aware of their rights as well as the dangers that they may be susceptible to.
- not sending anywhere without a chaperon and being aware of their whereabouts at all times.
- not posting their pictures and videos online.
- not sharing information about their schools and curricular activities at platforms where strangers can get to know them.
- being vigilant of their activities.
- cooperating with law enforcement agencies tracking child abuse.
- being aware of who their friends and their parents are and developing an open communication channel with them.
- watching out for signs of bullying and abuse.
- letting them have their voice and empowering them to speak out against abuse.
Child abuse is a sad reality of the world and it requires imminent steps to prevent as well. The repercussions of abuse can affect a child all his life so it is important that it is checked in the very initial stages and not allowed to grow and harm any child at all.

Friday 11 October 2019

Maternity benefits

Motherhood takes a toll on a woman's life and it affects her ability to move or work. For a working mother, it is important that she receives some leave after having a baby without worrying about her job security. Maternity benefits vary from country to country ranging from zero days to upto two years. Some benefits that are provided by law are:
(1) Paid leave for a specific period of time, which varies from country to country.
(2) Non-discrimination due to the fact that she has a child. Her position at work cannot be adversely altered due to her maternity nor can she be denied promotion as a result of the same.
(3) Job security. A woman cannot be fired during her maternity leave nor can her maternity be used adversely against her.
(4) Creches and child benefits to help her transition back to work. They may include child care services at the workplace and a provision to take nursing breaks.
(5) Option to take leave at the loss of pay but with security to return back to work.
(6) Child benefits and welfare schemes. Some countries provide financial aid to eligible mothers in order to bear the expenses of a new baby. Also provisions for baby milk or food maybe available to eligible mothers.
Maternity benefits are essential in order to ensure that a woman continues to work after having her baby. They provide her with a financial support and also allow her to rest after a life changing event.

Tuesday 24 September 2019

Parental duties

Children are entitled to parental love and care. They depend upon their parents for their protection and upbringing. It is the duty of the parents to provide the best possible care for their well being. The rights of a child extend to be brought up in an environment that safeguards their interests as well as ensures their positive physical, emotional and intellectual growth.
Parents have a right to choose what kind of upbringing they want for their children. They can decide what kind of schooling or curricular activities they want their child to be involved in. They also have a right to decide what is best for their children including opting for alternative medical care instead of the conventional one. The question is can a parent refuse medical care for their child in favour of alternative therapy and can such a refusal be considered as acting in the best interest of the child. It has been argued that a parent can refuse conventional medical care as long as it is not harming the child's life. However, if the child's life is in danger and only conventional medicine can save him then such a refusal would amount to negligence and failure on the part of the parent to providing care. If a child dies because his parents chose to give him alternative medicine instead of the conventional one, the parents would be guilty of causing that death.
It is the duty of the parent to ensure that the best interests of the child are taken care of. In cases of medical necessity, they cannot refuse the proper channel of treatment and opt for alternative therapy which cannot provide life saving treatments.

Tuesday 20 August 2019

Rights of an unborn child

Rights and duties accrue when an entity has a legal personality. Legal personality is different from being a living entity. Unborn child, dead people and corporations have certain legal rights and duties even though they are not living persons.
An unborn child has a right not be harmed, a right that he can enforce through his mother. If a person causes a woman to miscarry or harms her in any way that harms the child, the child can sue through his mother.
However, there is also an issue of at what stage of pregnancy does that living entity comes into existence. Is it right at conception, or when the heart beat develops around six weeks or later on when the fetus becomes viable?
Another issue that is pertinent is the right of life of a foetus versus that of the mother. Can a woman abort an unwanted pregnancy or a pregnancy that is harmful for her? A number of countries allow abortion if the pregnancy is harmful for the mother's physical health while there are others where innocent women have lost their lives because they were not allowed to abort. Similarly, where an unborn child is carrying some birth defect and cannot lead a healthy life, it becomes a contentious issue whether or not abortion can be permissible.
An unborn child, thus, has a legal personality that gives him the right to not be harmed in any way. He can get this right enforced through his mother who has the right to sue on his behalf.

Tuesday 9 July 2019

Keeping children safe online

Majority of the children today are hooked on to their phones or tablets without knowing the consequences of the same. They are busy watching videos, movies, interacting with strangers, making online friends, often without the knowledge of their parents. Internet brings a number of threats to children ranging from cyber bullying to offline crimes like kidnapping. It is therefore important that parents and guardians take steps to monitor their wards' online activity to keep them safe. A few steps to ensure online safety of children are:
(1) Carefully monitor which websites the child has access to, using parental control as needed.
(2) Block any website that has the potential to show pornographic material.
(3) Keep conversation open and note any changes in the child's mood. Mood changes can be a result of cyber bullying.
(4) Be their online friend on social media sites to monitor who all the child is interacting with.
(5) Refrain from posting the child's photographs online and also encourage the child for the same in order to prevent any misuse.
(6) Report any suspicious person to the authorities including the local law enforcement agencies.
(7) Inform the child about the potential risks that are present online without acting too authoritative. Ensure that the child understands the risks and is ready to protect himself.
As cyber crimes are not limited to the geographic boundaries, it is vital that steps are taken to protect the children from any danger that they may be subjected to online. It is important to work in order to prevent them and not ignore any symptoms of online abuse or any other crime.

Monday 17 June 2019

Privacy

The right to privacy is one of the most cherished rights that an individual holds. It ensures him freedom from interference of all sorts and helps him lead a healthy, productive life. Privacy means that the individual shall have a right to do his work or lead his life the way he wants in his own personal space. It protects him from all sorts of State or private interference while at the same time allowing him to enjoy his freedoms. The right to privacy is part of the right to life and liberty guaranteed under Article 21 of the Constitution. Article 21 protects the individual space of a person and protects him from unnecessary interference in his life and activities.
The right to privacy in cyber space is not that well protected. An individual loses his privacy when he enters into digital transactions or creates social media accounts. Often the mobile phone applications 'apps' track and store his movements and those are shared with the corporate giants. Entertainment channels like Youtube, Netflix or the rest save his history, on one hand providing him a more 'personalised' experience while at the other sharing with the parent company.
Having strict digital security laws can help protect an individual from a variety of crimes ranging from cyber bullying, cyber stalking to economic frauds and protecting children from pedophiles or kidnapping in real world. Being vigilant with one's passwords and not using public devices or avoiding public wifi is helpful in protecting an individual to an extent.
However, along with the issues of individual privacy come the issues of public security. While protecting the individual privacy the State has the duty to protect the individuals from attempts at breach of security. The issues of monitoring elements that can destroy the very fabric of society by causing disruption in peace and security are also important. However, public security cannot be used as a cover to harass minorities or religious or political opponents, rather it should be monitored diligently without causing damage to the freedoms of innocent individuals.
Thus, the right to privacy is an important right that should be protected against all odds while at the same time not compromising on the public security. The question of how much privacy can individuals give up in order to maintain a strong, peaceful society is always open.

Tuesday 28 May 2019

Campus security

Going for higher education means spending long time on campus. One of the issues of staying on campus till late in the evening or living on campus is security. With a large number of sexual assaults being reported on campus, it seems that the educational institutions need to make and implement harsher security laws.
It is required that strict security laws are implemented on campus and the laws regarding sexual misconduct are made discussed in the beginning of the session as well as visible notifications are placed around the campus.
A reporting body should be made where students can report any untoward incident. This body should have the power to conduct enquiry and strict actions should be taken against the guilty party. The body should work together with the local law enforcement agency and quarterly reports of any reported incidents should be sent to the enforcement agency.
No incident of sexual harassment be taken lightly. The institution should take strict action against the guilty party.
Any incident of sexual harassment involving teachers and students should be reported and the teacher should be punished for abusing his authority.
There is a need to make the campuses safe for the students. Instead of blaming the victim or ignoring the report in order to protect its reputation, the educational institution should ensure that no such incident takes place in the institute.

Wednesday 8 May 2019

Freedom of movement

The freedom of movement is a basic right of a human being. Freedom of movement is an important aspect of the right of personal liberty of an individual. Article 19(1)(d) of the Constitution of India protects the freedom of movement of all citizens within the territory of India. Article 19(1)(e) provides all citizens with the right to reside and settle in any part of the territory of the country. However, like all freedoms, the freedoms of movement and settle enshrined under Article 19(1) are also subjected to reasonable restrictions. Article 19(5) provides that the State shall have the power to impose reasonable restrictions upon the freedoms of movement and residence in the interest of the general public or of those of the Scheduled Tribes. Similarly, the freedom of movement is restricted in the army areas in the interest of the security of the country. The provisions of Article 19(1)(d)/(e) do not affect the application of any law in existence or the power of the State to enact any law in order to restrict these freedoms in the interests of the aforesaid groups.

Monday 22 April 2019

Statutory rape

Statutory rape is defined as a rape with a person who is under the age of consent. In other words, the consent of a party is not considered on the ground that she is below the age specified in the law. In such cases, the defendant cannot take the plea that the relation was consensual in nature because such a consent is invalidated by the minority of the party concerned.
The consent given by a person who has not attained the legal age is same as that of a person of unsound mind or where the consent has been obtained by force or coercion. It is similar to the cases where one party holds a position of authority over the other.
In cases of statutory rape, the defendant would be prosecuted irrespective of successfully proving that the other party was a willing participant. In instances where an act is an offence under the law, the ignorance of law cannot be used as an excuse and the party would be held guilty nevertheless.

Wednesday 13 March 2019

The do no harm law

A secular society is based upon the principle that the State shall not promote or demote any one religion in relation to the other. Secular societies also allow their citizens to practice any religion of their choice. The right to freedom to practice religion falls from the freedom of speech and expression, which is the paramount freedom. However, though the State cannot promote promote one religion or prohibit another, the question is can its citizens do the same. The freedom of religion is based upon the idea that each individual can peacefully practice the religion of his choice or not follow any religion at all. However, the freedom to practice religion has been extended to discriminate against the adherent of other beliefs. Prohibiting the use of contraceptives by employees as it is against the employer's religion or discriminating against LGBT individuals because of the same, are some of the common examples how citizens are using their freedom of religion to discriminate against anyone who does not fall in the same group as them. The 'do no harm' law is an attempt to bring the freedom of religion to the level where it was originally intended to be, the right to practice religion freely without harming the rights of others. In a free society, one person's rights are another person's duty but those rights also cease to exist the moment they start damaging another person's rights. Therefore, the law to prevent religious discrimination would be a much awaited step towards attaining the freedoms that everyone in a free nation should possess.

Thursday 28 February 2019

Free speech in educational institutions

Free speech is the basic human right on which every other freedom is dependent. Without the freedom to express oneself, an individual cannot claim any other right. Educational institutions catering to students belonging to a diverse background have a duty to protect the freedom of speech on campus. In order to be inclusive, institutions need to be able to address the problems and issues pertaining to a particular group. Whether it is gender identity or ethnicity or race or disability, students belonging to every category have aright to express their needs and speak up against their violations. Any form of interference by the outside elements in the exercise of this freedom should not be tolerated by institutions in a free country which claims to be a protector and guardian of human rights. Once the freedom to express themselves and demand their rights is taken away from a group of individuals, it does not take long to take away their remaining rights. Freedom to speak up is the sole guarantee that their other rights are safe and protected. Therefore, institutions should take every possible step to protect the right to free speech and establish permanent committees to look into any incidents of violations. By protecting the fundamental freedoms of students, the institute can truly claim to be inclusive and open to all irrespective of their differences.

Thursday 17 January 2019

Religion based citizenship

The Citizenship Amendment Bill, 2019, that aims at granting citizenship to undocumented non-muslims is discriminatory as it targets a specific group of individuals based upon their religion and no merit at all. Discrimination on the ground of religion is a violation of the right of equality enshrined in Part III of the Constitution. Where about four million individuals were stripped of their citizenship last year, granting citizenship based solely upon religion to another group is completely arbitrary, unjust and discriminatory.
If an individual enters a country as a refugee, it is the duty of that country to protect that individual and not turn him back to oppression. If that person has faced oppression, it does not matter what religion he follows. If an undocumented person crosses border, he should be treated accordingly. However, granting citizenship to an undocumented immigrant just because of his religion or denying it for the same reason is devoid of all merit.
Using citizenship and religion as a means of getting votes in the elections is also not permitted as appealing on the ground of religion is an electoral offence. Any individual seeking asylum should be dealt with justly irrespective of his religion. An attempt to create a false distinction based upon religious practices is unjust, arbitrary and discriminatory and is against the very principles of equality that the Constitution rests upon.