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.

Thursday, 27 December 2018

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.

Friday, 30 November 2018

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.

Saturday, 27 October 2018

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.