Child abuse

A child has a right to be protected from all kinds of negative influences on its body, soul and mind. A child has a right to parental love and care, a right to a proper name, a right to get education and every facility for its proper development. A child deserves to be shielded from all kinds of harm. Child abuse connotes any kind of mental, physical, sexual or economic trauma or hardship that may be inflicted upon a child. Mental abuse includes bullying, harassing, being subjected to difficult environment at home, school or neighbourhood or even online. Physical abuse includes beating, burning, torturing as well as corporal punishment. Sexual abuse includes subjecting a child to sexual advances including rape, morning into pornography or showing pornographic material. Economic abuse means forcing a child into working and earning in establishments that are harmful for its health and development and also includes underpayment, forced beggary and slavery.
Protecting a child from any kind off abuse is the responsibility of not just its parents and teachers but of the society at large. While there is law in place to guard a child against exploitation, it is also imperative that the society works towards protecting a child. The first most important thing in protecting a child is building trust. Parents and caregivers should build a relationship that encourages a child to share everything with them that is not limited to any strangers who is making advances. A child should feel comfortable to share their experiences without the fear of being reprimanded. The parents and caregivers should pay attention to what the child is saying and not ignore any words or physical evidence that may be present. Secondly, shielding a child from dangers does not mean keeping them ignorant. A child should be made well aware of the dangers and risks that surround him. Providing proper education, including sex education as soon as a child is capable of understanding is vital to guard him. It is the responsibility of both the parents and the teachers to provide the information to the child and arm him with the required skills to protect himself. Thirdly, the law enforcement agencies should be vigilant and make note of any incidents that might be reported. They should visit schools and provide information as well as helpline numbers to ensure that any untoward incident is promptly reported. Fourthly, not only should the law be made stringent, there should be a strict implementation of the same with any guilty party being punished swiftly and justice delivered in a fast track manner.
Protecting a child from abuse is the responsibility of the society at large and the society should come together for the same. Every individual should make it a point to report any incident that they come across without delay. As children form the future of the society, a healthy and happy child would lead to a healthy and happy future.

Climate change

Environmental protection rests on the theory that the public trust which means that it is the duty of every person to protect the natural resources for the future generations. Environmental protection involves a number of laws including those for the protection of air, water, wildlife as well as for the control of pollution. The right to pollution free environment is a basic human right in more than a 100 countries that also have laws for environmental protection. Climate change includes the global warming, harsher weather, change in patterns of precipitation and increased frequencies of cyclones and wildfires. Climate change is responsible not just for increasing discomfort but also for the large scale extinction of plant and animal species, rising sea levels, changes in crop seasons and change in migratory patterns of animals. The climate change can be very drastic leading to the extinction of all lifeforms. Ways to combat the changing environmental conditions include reducing waste and pollution levels, using renewable energy sources, recycling, water conservation and energy conservation. Without strictly implementing a plan for environmental protection, it would not be possible to prevent the degradation of the living conditions on the planet.

Decriminalising homosexual relations

Section 377 of the Indian Penal Code, 1860, laid down the punishment for 'unnatural sexual offences'.  The Section provided that anyone who has voluntarily entered into a sexual relation with any man, woman for animal, against the law of nature, shall be punishable. The said provisions, as far as they dealt with consensual relationship between two adults, were in violation of the rights to equality (under Articles 14 and 15 of the Indian Constitution) and the right to privacy (Article 21). The said Section was held unconstitutional by the Delhi High Court in 2009 but it was overruled by the Supreme Court in 2010. Recently, the Supreme Court has unanimously held by a five member bench that sex is natural and the homosexual relationship between two consenting adults is not a crime.

Decriminalisation of politics

Decriminalisation of politics is an important step towards making the legislatures more accountable and trustworthy. Law makers cannot be law breakers. While the law (Section 8 of the Representation of Peoples Act) states that a candidate who is convicted of offence cannot be elected, the Election Commission wants that that any candidate who has a criminal chargesheet filed against him should be barred from contesting the elections if the offence for which he is charged is punishable with imprisonment for a term of five years or more. However, such a proposal is not favourable for many political parties as a number of their candidates may have charges against them. Instead there are proposals that only if the charges were framed within six months of poll should a candidate be barred from contesting elections. Decriminalising politics is a major issue specially as a number of candidates with criminal background may use their influence in turning the poll in their favour. Free and fair elections is the basic structure of the Constitution and the political parties should work with the Election Commission and the judiciary to ensure the same. Fielding candidates with a clear background leads to greater transparency and develops a sense of faith in the electorate. Preserving the sanctity of elections should therefore be of paramount importance for both the parties as well as the other constitutional bodies. 

A woman cannot be forced to live with her husband

The Supreme Court recently observed that an adult woman cannot be forced to live with her husband against her wishes. In the instant case, a muslim man had converted to hinduism to marry a woman but a few months later she moved back to her parent's home and refused to live with him. The woman  contented that she had moved back with her own volition and was not in form of pressure. The court observed that an adult woman cannot be forced to live with husband against her wishes. The court further stated that this type of case comes under matrimonial dispute and a writ of habeas corpus cannot be entertained and should be adjudicated by a relevant court instead.

Visual impairment and medical education

The Supreme Court has recently paved the way for visually impaired candidates to become a doctor. The Court has stated that candidates with low vision cannot be denied admission to medical courses. Rejecting the contention of the medical council that medical colleges are technical institutions and are thus not covered in higher educational institutions, the court observed that the term 'higher education institute' includes technical institutions. The Rights of Persons with Disabilities Act provides a 5% reservation for differently abled candidates in educational institutions. The court observed that there is nothing in law to prevent a candidate with a visual impairment of 40% or more from becoming a doctor.

Hate crimes and accountability

In the past couple of months there has been a spur in the instances of lynching. A number of innocent individuals became victim of hate crimes and public lynching. Most of these cases have their origin based on the forwarded messages on social media. Taking a notice of the rising instances of hate crimes, a limit has been put on the number of times a message is forwarded as well as each forwarded message is marked as such. The Supreme Court had previously taken notice of the issue and had asked the company to take actions to prevent such instances, following which a limit of five times was put on a person forwarding messages.
The Supreme Court taking further cognisance of the matter has issued directives that the whatsapp establishes a grievance office to look into the complaints of the consumers. The Court also directed that the company should follow the RBI directives to know know more about its subscribers (the Know Your Customer-KYC) and also follows all Indian laws on the subject. The company has replied that following the KYC guidelines would infringe the rights off privacy of its consumers.
While the rights of an individual pertaining to privacy and speech and expression are also subjected to certain the restrictions, an action to prevent other innocent victims from hate crimes is also imminent.

Transparency in religious institutions

The Supreme Court recently observed that all religious and charitable institutions should be open for audit of their hygiene, entry, accounts and assets. The Court observed that when a complaint about any such institution is filed, the district authorities should inspect and audit the premises. It observed that the reports sent by the district magistrate to the high courts should be treated as PILs. The Court observed that the issues related to the difficulties faced by the people visiting these shrines and institutions, the matters of hygiene, the inadequacy of the management, the utilisation of offerings is not only the responsibility of the state and central government but also of the courts. Taking a stand on the affairs of the Jagannath Puri temple, the Court observed that its doors should be opened for everyone, observing that the principles of hinduism embrace all kinds. In order to protect the devotees from harassment, the court observed that no sevak can have his individual place from where he sells offerings and instead they should be remunerated from the temple funds. The court ordered the installation of CCTV cameras to check the harassment of devotees in the temple premises.

Child welfare

The latest incident of a Deoria shelter home should be a wake up call for anyone caring for child welfare. Children, specially the ones who are handicapped, abused or separated from their families, are a responsibility of the society and the government. When a child is placed in a shelter, it is important that the shelter is carefully monitored to check the instances of abuse and neglect.
It is important that the government takes a number of steps to ensure the child welfare.
(1) An auditing body should be established that regularly monitors and keep records of the shelter homes. Inspectors should go for surprise checks at the shelters to ensure that no abuse is taking place there.
(2) Separate shelters for lost children, physically or mentally handicapped children and young adults should be created. Young women who have eloped from their homes should not be put in these shelters, rather their right of choice should be respected.
(3) A centralised data base of all children put in shelters should be created and be electronically accessible for people to trace the lost children. The data base should carry the child's name, age, photograph, physical description, location and date of being placed in the shelter.
(4) Shelter homes should be given temporary licences based on their performance. The staff of the shelter homes should be recruited by State agencies and be subject to job transfers.
(5) Children at shelter homes should have access to schools and proper health facilities, so that they can mingle with the outside world, reducing the chances of abuse at the shelter home.
(6) Children who reach majority should be trained can some trades so that they can lead their independent lives and not be dependent on the shelter home till they are married off.
Children are the responsibility of the society at large and people use make a conscious effort that they are protected and helped. The shelter homes should be accountable for their actions and carefully monitored to e ensure that instances of abuse are not repeated.

Taj and pollution

Clean air is a fundamental right under Article 21 of the Constitution. Air pollution has adverse effect on human and animal health and buildings amongst other other things. The marble of the Taj Mahal is being damaged by the growing air pollution in the Agra region. The Supreme Court had earlier this month asked the state government to frame a vision for curtailing the pollution levels. The State government has submitted a draft vision that states the following measures: making the region plastic free zone, having only trees and no buildings around the Yamuna banks, using green vehicles and not widening the roads going towards the Taj and closing down polluting and ailing industries in the region(Taj Trapezium Zone). The Court has warned the government that not taking care of the monument might take away its heritage building tag and that they should make firm steps to protect it. Afforestation, curbing vehicular emissions and closing down ailing industries are important measures for curbing the air pollution.

Preventive detention

A person's liberty can be curtailed either as a punitive or a preventive measure. Punitive detention is detention in the form of punishment for the commission of an offence. Preventive detention is, on the other hand, detention in apprehension of an offence.
Article 22 of the Constitution lays down safeguards and rights for a person who has been detained by the authorities. However, clause 3 states that such rights are not available to a person who has been detained under a preventive detention law. Clause 4 provides that a person detained under preventive detention law cannot be detained for a period exceeding three months unless an advisory board, having the qualifications to be appointed as a judge of a High Court, expresses its opinion before the expiry of three months that there is sufficient ground for detaining him for a longer period.
Article 22(5) provides that when a person has been detained under preventive measures, he has a right that the authority making the detention order:
(1) communicates the grounds of detention to him, unless it is against public interest, and
(2) provide him with an earliest opportunity for making a representation against such an order.
The Preventive Detention Act, 1950, provides that an order for preventive detention can be passed only on the following grounds:
(1) security of state and maintenance of public order,
(2) maintenance of supplies and essential services and,
(3) foreign affairs or defence and security of India. (Section 3)
Section 8 of the Act provides that the Central and State government to constitute one or more advisory boards consisting of three members.

Legalising the live in relationship

The Supreme Court has recently pointed out that two consenting adults have a right to live together without marriage in a case where a woman whose had been annulled. The Court asserted that she had a right to choose with whom she wanted to live with. The Court held that live in relationship have a legal status and have found a place under the provisions of the Domestic Violence Act, 2005. In the present case, the marriage of the appellants had been annulled because the man was not yet 21 years of age, the legal age for marriage under the Prohibition of Child Marriage Act, at the time of the marriage. The Court observed that even if the appellants were not competent to enter into wedlock at the time of marriage, being adults, they have the right to live together even outside the wedlock. The Court pointed out that a court cannot interfere in the marriage of two consenting adults and cannot annul a marriage.

Child marriage

The Child Marriage Restraint Act,1929, aimed at preventing the solemnisation of child marriages. It lays down the punishment for solemnisation of child marriages. Section 3 provides that a male between the ages of eighteen and twenty one years who enters into a child marriage shall be punished with a simple imprisonment of a term of fifteen days or fine upto one thousand rupees or both. Section 4 provides that a male above the age of twenty one years shall be punished with a simple imprisonment of three months and also fine. Section 5 provides the same punishment for solemnisation of child marriage. Section 6 prescribes the same punishment for the parents or guardians of the minor if they solemnise a child marriage or fail to prevent a child marriage from taking place. However, the Act prohibits women from being punished. Section 7 makes the offences under the Act cognizable in nature.
The Child Marriage Restraint Act has not been effective in preventing child marriages as it does not carry enough punitive result. Further, there is no social movement or awareness, specially in the rural areas to end child marriages.

Protection of civil rights

The Constitution of India rests on the principles of equality and bars any discrimination on the ground of religion, race, caste, sex or place of birth. Article 15 specially prohibits the State from discriminating on the ground of religion, race, caste, sex, place of birth or any of them. Clause (2) of the Article prohibits any discrimination on these grounds which leads to disability in accessing any shops, restaurants, hotels, places of entertainment or from using any public wells, tanks, bathing ghats, roads or places of resorts. Similarly, Article 16 prohibits any discrimination on the basis of religion, race, caste, place of birth or sex in the matters of employment to any job or profession.
Article 17 of the Constitution bans the practice of untouchability and makes any practice of untouchability an offence. The Protection of Civil Liberties Act, 1955, was enforced to prescribe for providing punishment for the practice of untouchability and any disability arising out of such practice. Section 3 of the Act punishes the act of preventing any person on the ground of untouchability from entering any place of worship or worshiping with a punishment of imprisonment with a term of not less than one month which might extend upto six months and also a fine which would be not less than one hundred rupees but may extend upto five hundred rupees. Section 4 of the Act prescribes the punishment for causing disability in the matters of entering public hotels, restaurants, dharamshalas, shops and social places, using jewellery or following social customs. Sections 5 lays the punishment for preventing any person on the ground of untouchability from entering hospital, dispensary, hostel or any educational institution. Section 6 lays down the punishment for refusing to sell any item or rendering any services to any person on the ground of untouchability. Section 7 prescribes punishment for any other offences arising out of untouchability including molesting or insulting any person with a similar punishment. Section 7A similarly;arly punishes a person for forcing another to do human scavenging based on the ground of caste. Section 10 provides that an abetment of any offence under the Act shall be punished with the same punishment as the offence itself.

Daughters' right to inheritance

Earlier this year, the Supreme Court observed that the provisions of the Hindu Succession Act, 2005 giving equal rights to daughters on the ancestral property will be applied to all women including to those born before the year 2005. The amended law treats daughters as 'coparceners' in a joint Hindu family governed by the Mitakshara law since birth and would give them the same rights and liabilities as a son. The Court observed that a share in the ancestral property cannot be denied to any woman on the ground that she was born before 2005. The judgement further stated that the law is applicable in all property disputes filed before 2005 and pending when the law was framed. The judgement is a positive step towards ensuring the principle of equality and ensuring that daughters are treated with the same rights as sons. Earlier in 2015, the Apex Court had observed that for daughters to get share in the ancestral property, the father should have been alive in 2005 when the law was passed.

Construction work as formal sector

The Supreme Court has directed the Centre to treat the labour in construction work as a formal sector. About four crore construction workers work in informal sector and are not covered by any social welfare scheme. The Court has directed the Centre to frame a scheme to ensure that these workers receive minimum wages, maternity benefits, health benefits, social insurance benefits, provident fund, old age and disability pension, education and other benefits necessary for a dignified life. The labour involved in construction work lives below poverty line and does not even receive basic minimum wages. They constitute the most vulnerable social group with no job insurance or even access to basic amenities. Regulating the construction work and providing social security would greatly enhance the living conditions of workers in the sector.

Indecent representation of women

The Indecent Representation of Women (Prohibition)Act, 1986 aims to prohibit the indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner.
Section 3 of the Act provides that no person shall publish or cause to be published or arrange or take part in the publication or exhibition of any advertisement which contains indecent representation of women in any form. Section 4 provides that no person shall produce or cause to be produced, sell , let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which contains indecent representation of women in any form.
Section 6 provides that any contravention of the provisions of sections 3 or 4 shall be punishable on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and in the event of a second or subsequent conviction with imprisonment for term of not less than six months but which may extend to five years and also with a fine not less than ten thousand rupees but which may extend to one lakh rupees.

Sexual harassment at workplace

Sexual harassment at workplace is a violation of right to equality under Articles 14 and 15 and the violation of right to life and liberty under Article 21 and the right to practice any profession or to carry on any business, trade or occupation. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, aims at providing protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment.

Section 2(n) describes sexual harassment to include any one or more of the following unwelcome

acts or behaviour (whether directly or by implication) namely:-
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct ofsexual nature.
Section 2(o) describes a workplace to include (i) any department, organisation, undertaking, establishment, enterprise, institution, otlicc, branch or unit which is established, owned, controlled or wholly or substantially by funds provided directly or indirectly by the Government or the local authority or a Government company or a corporation or a co-operative society;

·(ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service;
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium, sports complex or competition or games venue. whether residential or not used for training, sports or other activities relating thereto:
(v) any visited by the employee arising out of or during the course of employment including transportation provided hy the employer for undertaking such journey:

(vi) a dwelling place or a house.
Section 3 provides that no woman shall be subjected to sexual harassment. Sexual harassment includes any explicit or implied promise of preferential treatment in her employment or any express or implied threat of detrimental treatment in her employment or her present or future employment status, interference with her work or humiliating treatment likely to affect her health or safety.
Every employer is required to constitute by writing an internal complaints committee, with half of its members being women. Section 10 provides that upon receiving a complaint, the Internal Committee may initiate an enquiry and at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation, provided no monetary settlement shall be made as a result of such conciliation.
Section 12 provides that during the pendency of the enquiry, the Internal Committee or the Local Committee may recommend to transfer the aggrieved woman or the respondent to another location or to grant the aggrieved woman leave upto three months or any other leave that may be prescribed. The leave granted to the aggrieved woman shall be in addition to any other leave that she may otherwise be granted. Section 13 provides that on the completion of the enquiry, the Internal Committee or the Local Committee shall submit its report to the employer or the District Officer with ten days of the completion of the enquiry and recommend to take action for sexual harassment as misconduct, deduct salary or wages of the respondent as it considers appropriate for payment to the woman or her legal heirs within sixty days of receipt of recommendations. Section 15 provides that for the purpose of determining the sum to be paid, the internal committee or the local committee shall have to regard the mental trauma, pain, suffering or distress caused to the aggrieved woman, the loss of career opportunities due to the instance of sexual harassment, mental expenses incurred for physical or psychiatric treatment, income and financial status of the respondent and the feasibility of payment in lump sum or in instalments.
Section 19 provides that it is the duty of the employer to provide safe workplace for women, to display at conspicuous place in workplace the penal provisions for sexual harassment, organise workshops and awareness programmes at regular intervals, provide necessary facilities to the internal committee or local committee for dealing with the complaint and conducting an enquiry, assist in securing the attendance of the respondent and witnesses before the internal committee or local committee, provide assistance to the woman if she decides to file a complaint unde the Indian Penal Code, treat sexual harassment as misconduct and monitor the timely submission of reports by the internal committee.

Domestic violence

The Protection of Women from Domestic Violence Act, 2005 aims to provide remedy to a woman who in a domestic relationship suffers physical or mental abuse or harassment. Section 3 of the Act defines domestic violence as an act, omission or commission or conduct of the respondent in case it harms, injures endangers the health, safety, life, limb or well-being whether mental or physical of the aggrieved person and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, or harass, harm, injure or endanger the aggrieved party to coerce her or any other person related to her to meet un lawful demands for dowry or transfer of property or valuable assets, or has the affect of threatening the aggrieved person or anyone related to her or otherwise injures or causes harm to the aggrieved person whether physical or mental.
Section 17 provides that a woman has a right to reside in a shared household and shall not evicted or removed from the shared household or any portion of it by the respondent. Section 18 provides that if the Magistrate is satisfied that an act of domestic violence has taken place or is likely to take place, he may pass an order prohibiting the respondent from committing domestic violence, or aiding or abating the commission of domestic violence or entering the place of employment of the aggrieved person or attempting to communicate with the aggrieved person in any form, or alienating any assets of the aggrieved person, or harming any dependents of the aggrieved person or causing any other acts specified in the protection order.
Section 19 provides that when the Magistrate is satisfied that the act of domestic violence has taken place, he may pass an order restraining the respondent from dispossessing the aggrieved person from the shared household or to remove himself from the shared household or to restrain the respondent or his relatives from entering any portion of the shared household or directing the respondent to provide an alternative residence of the same level to the aggrieved party.  Section 20 provides that while disposing off an application, the Magistrate may direct the respondent to pay monetary relief which may include but is not limited to the loss of earnings, the medical expenses, the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved party and the maintenance of the aggrieved person and her children. The monetary relief should be fair, reasonable and adequate and consistent with the standard of living of the aggrieved person.

The Dowry Prohibition Act, 1961

Dowry is a social evil leading to the harassment and deaths of a large of women across the country. The Dowry Prohibition Act, 1961, was enacted with the purpose of controlling the giving or taking of dowry at the time of marriage. Section 2 of the Act defines dowry as any property or valuable security given or agreed to be given by one party to the marriage to the other or the parents of one party or any other person to the other party before or at the time of the marriage in connection of the marriage of the said parties but does not include the mahr or dower in case of person to whom the Muslim Personal law applies.
Section 3 provides that any person who gives or takes dowry or abets the giving or taking of dowry will be punished with imprisonment for a term not less than five years and with fine which shall not be less than fifteen thousand rupees or the amount of dowry whichever is more. Section 4 provides that whoever demands dowry from the parents of the bride or bridegroom either directly or directly will be punished with imprisonment for a term which shall not be less than six months but can extend upto two years and with fine which may extend to ten thousand rupees. Section 4 A bans advertisement for dowry and any person who advertises or prints or publishes or circulates any offer of share in property or money or share in business as a consideration for marriage shall be punished with imprisonment for a term not less than six months which may extend upto five years or with fine which may extend upto fifteen thousand rupees.
Section 5 provides that an agreement to give or take dowry is void. Section 6 provides that whoever receives dowry in connection to a marriage shall transfer the same to the wife, if received before marriage, within three months of the marriage, if received at the time or after the marriage, within three months of the receipt or ion received in connection of marriage of a minor, then within three months of the wife attaining majority. If the woman dies before receiving the property, it shall be transferred to her heirs, if she has no children, then to her parents, if she has children then to those children.
Despite the law to curb the evil of dowry, it has not been effective in actually curbing the evil practice and the instances of harassment or murder of young women over dowry has not subsided. Along with the law on dowry prohibition, the need for a social awakening to curb the evil practice is required.

The Commission of Sati (Prevention) Act

The incident of the Roop Kanwar Sati in 1987 prompted the Central government to legislate upon the issue of the commission and glorification of the practice of sati. Though the case made headlines, all the accused were released in 2004.
The Commission of Sati (Prevention) Act, 1987 makes the commission, abetment and glorification of sati as cognizable offences. Section 2 (c) of the Act defines 'sati' as the burning or burying alive of any widow along with the body of her deceased husband or any other relative or with any article, object or thing associated with the husband or such relative; or any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the widow or the women or other-wise.
Section 2 (b) describes the glorification of sati as:
(i) the observance of any ceremony or the taking out of a procession in connection with the commission of sati; or
(ii) the supporting, justifying or propagating the practice of sati in any manner; or
(iii) the arranging of any function to eulogise the person who has committed sati; or
(iv) the creation of a trust, or the collection of funds, or the construction of temple or other structure or the carrying on of any form of worship or the performance of any ceremony thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati.
Section 3 punishes the attempt to commit sati with imprisonment with a term which may extend upto one year or with fine or with both.
Section 4 lays down the punishment for the abetting the practice of sati. Section 4(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860) , if any person commits sati, whoever abets the commission of such sati, either directly or indirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine.
Section 4(2) If any person attempts to commit sati, whoever abets such attempt, either directly or indirectly, shall be punishable with imprisonment for life and shall also be liable to fine.
The act of abetment Inducing a woman to commit sati or making her believe that committing sati would give her spiritual benefits or encouraging a widow to remain fixed on her resolve to commit sati or participating in any procession in the connection to sati or being present at the place where sati was being committed as an active participant or preventing or obstructing a woman from saving herself from being burnt or buried alive or obstructing or preventing the police from its duty to prevent the commission of sati.
Walking behind a widow chanting slogans has been considered to be abetment of the commission of sati.
Section 5 lays down the punishment for glorification of sati and provides that whoever does any act for the glorification of sati shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.
Section 123 (3B) of the Representation of the People's Act, 1951 makes the propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate a corrupt practice.
Section 7 provides that the State Government may, if it is satisfied that in that any temple or other structure which has been in existence for not less than twenty years, any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour of or to preserve the memory of, any person in respect of whom sati, has been committed, by order, direct the removal of such temple or other structure.
The Commission of Sati (Prevention) Act aims at providing for a more effective way of preventing the commission of sati and its glorification. The practice of the commission of sati is a heinous act and is of revolting nature. Any action to propagate it or glorify such instances is also revolting in nature and needs to be dealt with harsh punishment.

Pornography over cyber space

The right to free speech is a fundamental right given to every citizen of India but subjected to certain reasonable restrictions. Article 19 (2) lays down eight such restrictions which curtail the freedom of speech and expression, there include restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
The freedom of speech over the internet is governed by the same restrictions as the right of speech protected under Article 19(1)(a) is subjected to along with a few more under the Information Technology Act,2000. Spreading of pornographic material over the internet is subjected to the restrictions imposed on the ground of obscenity and are also specific offences under the provisions of the Information Technology Act.
Section 67 of the Act lays down the punishment for publishing or transmitting sexually explicit material. The section states that:Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

 Section 67 A provides that: Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Section 67 B deals specifically with child pornography. It states Whoever,–

(a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or
(b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or
(c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or
(d) facilitates abusing children online, or

(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children,
shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:
Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form–
(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or

(ii) which is kept or used for bona fide heritage or religious purposes.
Under the provisions of Section 67 B, inducing or coercing children into online relationship or sharing material containing such texts, I'm ages or videos would amount to an offence. Sharing online videos depicting children in sexually explicit manner on WhatsApp or other electronic platforms would comprise of an offence under the section.

Freedom of press and defamation

The Supreme Court has recently observed that the every instance of wrong reporting by the journalists does not amount to defamation. The Court observed that there is no vicarious liability of the heads of a news channel for the wrong publication of a news items by their associates. The Court agreed with the Patna High Court which held that there is no statutory provision for the vicarious liability for the act committed by the associates.
The press is responsible for the correct publication of facts. Its reporting needs to be accurate and diligent. Defamation is both a crime as well as a tort. While a statement off fact is a defence under Section 499 of the IPC, a wrongful report which injures a person's reputation remains both a crime as well as a civil wrong. While the freedom of press is important as it remains the fourth pillar of democracy, it does call out for responsible reporting.

National anthem

The Supreme Court has ruled that its previous order of making the playing the national anthem in cinema halls mandatory before the screening of films should be taken as directory and not compulsory in nature. The Court observed that it did not expect that the said direction to instil patriotism would lead to vigilantes and that would force aged and even disabled to be forced to stand up during the playing of the national anthem and subsequent violence.
The Apex Court observed that the term 'shall' in its previous order should be interpreted as may' and the cinema halls are only directed to play the national anthem but if there choose to play it, then people are required to show respect to it by standing up. However, disabled people cannot be forced to stand during the playing of the national anthem as observed by the order dated April 18, 2017. The central government had suggested to the Court to either pass an order for status quo restoring the position as existed prior to November 30, 2016 or the term 'shall' be replaced by 'may', until the issue is finally decided.

Article 51 A of the Constitution of India deals wth the fundamental duties. Clause (a) states that 'It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem'.

Every citizen is required to show respect to the national insignia but that does not mean that it leads to violence in the name of nationalism and patriotism. Section 3 of the Prevention of Insults to National Honour Act, 1971, provides that: Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extend to three years, or with fine, or with both. The Act does not define what amounts to disrespect of the national anthem. 

The bench remarked that all citizens of India and all persons representing India are duty bound to show utmost respect to the national anthem.

 

Adultery

Section 497 of the Indian Penal Code, 1860, deals with the crime of adultery. The Section provides that when a man enters into a sexual relationship with a married woman it amounts to adultery. While the Section punishes the man who enters into such as relationship, the woman is not punished for the same, neither as an offender nor as an abettor.
Section 497 states that: Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
In the case of Yusuf Abdul Aziz v State of Bombay (1954), the Supreme Court in a five judge bench, held the given provision to be valid on the ground that Article 15(3) of the Constitution permits special laws for women and children and hence is not gender discriminatory.

Women in territorial army

The Delhi High Court has recently ruled that women are eligible for employment in the territorial army. The Court observed that the government advertisement calling for only male candidates is discriminatory and women are also eligible for joining the territorial army. The Court observed that the restrictions on enrollment of women in the territorial army contained in the advertisement are neither reasonable nor rational and are to. be quashed.
Section 6 of the Indian Territorial Army Act, 1948, lays the eligibility for employment. It states that: "Any person who is a citizen of India may offer himself for enrolment in the Territorial Army, and may, if he satisfies the prescribed conditions, be enrolled for such period and subject to such conditions as may be prescribed."
The Court observed that the term 'any person' used in Section 6 of the Act includes both male and female and women cannot be discriminated against on the basis of gender. The Court observed that the advertisement to the extent that it excludes women from appointment to the territorial army is ultra vires Articles 14, 15, 16 and 19(1)(g) of the Constitution of India and hereby quashed