Tag: woman

30
Aug

From a Self-Proclaimed God man to a Rape Convict: Story of Gurmeet Ram Rahim Singh Insaan.

Tanay Akash, B.A. LLB. (H.), School of Law and Governance, Central University of South

“The best thing about time is that it changes”. This quote seems to be a nightmare for the self-proclaimed god and the messenger of god “Gurmeet Ram Rahim Singh Insaan”.

Bringing an end to the 15 years long wait the founder of ‘Dera Saccha Sauda’ “Baba Gurmeet Ram Rahim Singh Insaan” is convicted for 20 years (10 years each in two rape cases which is to be run consecutively). A man of strong will power with millions of followers, was never been expected to commit such work for which there is no way of pardon. A spiritual guru, a music composer, actor, singer and a man of political as well as religious influence who was known for his social works got caught with red hands and the victims got their relief but after conviction several riots between police and the supporters of Baba outraged. The whole scene became devastating and the law and order got disrupted.

Profile of the Messenger of God

Baba Ram Rahim was born on 15th Aug 1967, in Sri Gurusar Modia, Rajasthan and had his resident in Sirsa, Haryana. On Sep 23, 1990 he went to Shah Satnam’s Satsang where publically conferred sainthood of the leadership and formed his social group “Dera Saccha Sauda” (DSS). Apart from being in touch with God, he acted as Guru, Music Producer, Singer, Songwriter, Actor and filmmaker. He was married to Harjeet Kaur and had four children including one adopted daughter Honeypreet Insaan followed by Charanpreet Insaan, Amanpreet Insaan and Jaspreet Insaan. He also made movies such as ‘messenger of god’, ‘messenger of god 2’ and MSG – The warrior Lion Heart. According to Indian Express in 2015 he was on the 96th in the list of the top 100 influential Indians. He had his political influence at its top with large number of Dalits and Other Backward Classes estimated to be about 70%. His trust was one of the few groups in India who openly asked the supporters to vote for any particular party and his political influence was in seen in several state elections.

Apart from controversies there are several social works because of which he is known. His drives for Blood Pressure, Diabetes and Cholesterol was recognised by Gunnies World Records. With the help of “American Society of Echocardiography”, he also organised world record for “Most cardio Echo tests”. On 21st Sep 2011 in New Delhi he initiated a series of sanitation drives and also pledged for central government campaign and as of 2016 did 30 mega campaigns. On 22nd May 2012 he laid the foundation of the Shah Satnam Ji Super speciality Hospital at Sirsa. For specialised disaster relief after Odisha Cyclone and Gujarat Earthquake in 2001 a welfare agency called Shah Satnam Ji Green- S welfare force wing was also established by him.

Baba and Controversies

Even all these social works and welfare schemes were small enough in front of the controversies associated with him. He is accuse of several Rape, Murder and forced Castrations. Also, he is said to mock Sikh and Hindu religion including Adivasis. Central Bureau of Investigation reported “Crusades against Drugs, Alcohol and Prostitution” with regard to Baba Gurmeet. He was also accused of Castration of hundreds of followers. In May 2007 he was accused of religious sentiments of the Sikh by wearing in an Ad, an Attire, resembling the Tenth and final living Sikh guru “Guru Govind Singh” by using a turban with a kalgi (egret feather). Later on after several fights between Dera supporters and Sikhs, apologies from the side of Ram Rahim was given and after some time accepted by “Akal Takht”. In between a criminal case for hurting Sikh sentiments were filed which were denied by Sirsa court in 2009 and Bathinda court in 2014. His mimicry controversy with Kiku Sharda a well-known comic television actor got very famous as the actor had to go for judicial custody because of his mimicry about Baba Ram Rahim.

The Rape Conviction

In 2002, a female of Singh’s allegedly penned an anonymous letter to then “Prime Minister of India” ‘Atal Vihari Vajpayee’ accusing Singh of sexual abuse which was published in Ramchander Chhatrapati’s four page Hindi Paper, “Poora Sach” in 2002. CBI probe was ordered into the incident on 24th Sep 2002. 18 sadhvis left the Dera by 2002 and even in the murder charges of the journalist “Ram Chandra Chhatrapati” Baba was accused in the same year.  In Dec 2002 CBI booked baba for rape and criminal intimidation and in 2007 the charge sheet was filed. The main turning point in this matter came in 2009-10 when two complainants, former sadhvis at Dera, record their statements accusing Baba Ram Rahim of raping them repeatedly in his secret ‘Gufa’ at the Dera. In 2011 case was transferred from Ambala to Panchkula. In 2016 final arguments began and in 2017 daily hearing initiated. At last on August 25, 2017 the CBI court at Panchkula pronounces him guilty. The conviction was of 10+10 years and a fine of 14 lakhs each to two victims. The judge said that the “the Dera chief didn’t deserve sympathy” since victims had placed him as “God” and he acted as a “wild beast”. His actions reflected ‘irreplaceable damages caused to the heritage of this ancient land’.

This conviction of Baba Ram Rahim shows the victory of law over the power and undisputed exploitation. But the question remains same that how could a person who is deemed to be as God can crush a huge faith and turns into a wild beast. Even if his supporters and followers converted the whole region into a war zone because of too much chaos and protests. But one should be aware of the fact that no matter how big he is, no one is above the law and crime always results into punishment.

 

28
Aug

Whether Abortion is Fundamental Right under Article-21 of Indian Constitution

Shree Rastogi,  B.Com LLB 3rd year, SHRI RAMSWAROOP  MEMORIAL UNIVERSITY

Now-a-days Abortion has become a very controversial issue all over the world and is one of the subjects that have been discussed at both national and international level. Everybody is in dilemma whether a woman has a right to terminate her pregnancy at any time she wishes or an unborn child has a right to life. Among other rights of women, it is believed that every woman has a right to abortion, it is a universal right. But the rights of the mother are to be balanced with the rights of unborn.

In 1971, abortion was made legal in India when the Medical Termination of Pregnancy Act was passed with an aim to reduce illegal abortion and maternal and morality. In a society which considers sexuality as taboo, the MTP act was a welcome move and a validation of a women’s fundamental right. It also established bodily sovereignty wherein each woman has the sole right to make decisions about what happens to her body.

In the case of Roe v. Wade, (1973), is a landmark decision by the United States Supreme Court on the issue of abortion. It was decided simultaneously with a companion case, Doe v. Bolton. The Court ruled 7-2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman’s decision to have an abortion, but that this right must be balanced against the state’s interests in regulating abortions: protecting women’s health and protecting the potentiality of human life. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy and right to abortion comes under right to privacy.

Later, in the case of Planned Parenthod vs Casey (1992), the Court rejected Reo’s trimester framework while affirming its central holding that a woman has a right to abortion until fetal viability. The Roe decision defined “viable” as “potentially able to live outside the mother’s womb, albeit with artificial aid”. Justice Casey acknowledged that viability may occur at 23 or 24 weeks, or sometimes even earlier, in light of medical advances.

So, woman has right to abort until fetal viability and if there is any danger of life of mother or child or both.

 

Laws Related To Abortion

In Indian Constitution Right to Life has been recognized under Article 21: Protection of Life and Personal Liberty which states “No person shall be deprived of his life and personal liberty except according to procedure established by law”. Among various rights which are available to women, the right to abortion is also believed to be one of the most essential and fundamental right. Right to Abortion has been recognized under Right to Privacy which is a part of Right to Personal Liberty and which emanates from right to life.

 

Section 312 to 316 of Indian Penal Code 1860; it deals with abortion a criminal offence. Section 312 of Indian Penal Code 1860 relates to unlawful termination of pregnancy and permits termination of pregnancy in order to protect the life of the mother. India made Abortion laws liberal on 1971 by enacting MTP Act which was design to create certain exceptions to strict provisions of IPC which declare that all abortions, miscarriage are criminal unless they are undertaken to save the life of a pregnant woman.

Under the Medical Termination of Pregnancy Act, termination of pregnancy can be done only in good faith by registered medical practitioners and in such places as it is required by this act and it permits the termination of pregnancy up to 12 weeks and the opinion of more than two medical practitioners is required if termination of pregnancy is done between 12 and 20 weeks because of many reasons. The word good faith is not defined under this Act. The Act does not permit termination of pregnancy after 20 weeks. It means discretion is in the hand of medical practitioners.

Here IPC and MTP ACT infringes the right to privacy, right to health and right to dignity of a women which has been guaranteed by Article 21. If abortion on demand (in case of rape or for other reasons) is not allowed under safe conditions and is restricted then women will go for unsafe abortion which leads to morality and death of  women infringing rights to health and right to live with human dignity. In every way Section3 of MTP Act is violative to Article 14 and 21. Not only is it violative to women rights for abortion but also against each and every unwanted child.

In Rape cases

In rape case, a woman loses her dignity in the society. She has an interest to survive in the society as per with other human being. If abortion is not in demand then she may commit suicide or go for illegal abortion which will affect her health. Written consent of guardian is needed if women is pregnant is unmarried and below 18 years or is mentally unstable. Supreme Court decides whether termination of pregnancy should take place or not only according to law; it only allows termination of pregnancy on the reasonable grounds.

Recently the Supreme Court of India of India allows women to undergo abortion in her 24th week of pregnancy.

In May 2017, another 10-year-old girl from Haryana found herself in a similar situation. Raped by her stepfather, her pregnancy was inconclusively pegged at 18 to 22 weeks when the courts decided to leave the decision of whether it was safe to abort with the Post Graduate Institute of Medical Sciences (PGIMS), the hospital she was admitted at. Doctors at PGIMS decided to terminate the pregnancy.

In June, The Bombay High Court refused a Pune resident’s plea for his 26 week pregnant minor daughter, a rape survivor, to abort her fetus.

Recently, a 10- year-old rape survivor from Chandigarh who was raped by her uncle for months until her parents took her to a hospital after she complained of stomach pain; the case went to the Supreme Court which refused termination of pregnancy as she was 26 week pregnant—beyond the 20th week of pregnancy norm.

In the case of Ashaben VS State of Gujarat [(2015)(4)Crimes 1(Guj.)], it was a rape case where the women was denied termination as she was over 24 weeks pregnant. She was held captive before she could seek termination, the provisions of the Act did not grant her any relief and the judge expressed his inability to grant her remedy.

There are more cases related to abortion of raped victim where Supreme Court denied aborting because of some.

CONCLUSION:

The right to abortion cannot be termed as an absolute right as women cannot opt for abortion until or unless her situation is covered under Section 3 of the MTP ACT. MTP Act does not permit induced abortion on demand. Article21 in itself guarantees the right to life and personal liberty but it also provides a full fleshed exception to the right i.e., procedure established by law. In case of rape pregnancies or a failure of birth control (for married women), the risk to their mental health is admissible grounds for abortion. The premise of keeping the window for abortion open only until 20 weeks; is that, generally, abnormalities can be detected by that time. However, some rare congenital diseases can be detected only after 20 weeks this can intentionally put both the lives of mother and child at risk. Supreme Court allows for abortion only when there is risk of lives (both mother and child); disease caused to child, etc. these types of exceptional cases. The law has to take care of liberty of the mother as well the unborn. As a hospitable community we should seek ways of providing support for lonely and frightened mothers, and for lonely and abandoned babies. We need to offer women with unplanned pregnancies as much love and support as they require and to assist them in finding compassionate alternatives to abortion.

India should make the abortion laws liberal and any law related to abolition of abortion is nothing but a clear violation of women’s right. It violates the women rights to health, right to dignity, right to liberty, and right to privacy. State should take steps to protect the maternal health all the time and unborn child after viability.

I am Shree Rastogi Legal News Reporter from Into Legal World.

(B.Com LLB 3rd year.)

 

 

 

 

11
Aug

MODERN WOMEN SLAVERY


 Nitika, BBA LL.B. Lovely Professional University, Punjab

Trafficking in persons is a major concern for global nations. The technologyand usage of Internet and electronic commerce have been accompanied by an increase in exploitation and abuse of technology for criminal activities. Internet and E-Commerceare increasingly used as a tool and medium by transnational organised crime. Trafficking in women is an obvious form of organised crime that has been affected by the new technology. This new form of acrime violates fundamental and basic human rights and freedom, and transcends national boundaries and territories to negatively impact on numerous countries across the world. It is estimated that over 900,000 people are being trafficked every year[1] .

Woman trafficking is a significant problem that affects almost every country throughout the world, as a source, transit or destination country or a combination of these.Men and children can also be trafficked for a diverse range of other purposes, including forced labour in industries such as hospitality, construction, forestry, mining or agriculture; domestic and sweatshop labour; illicit adoption; street begging; forced recruitment into militia or armed forces; and the harvesting of body organs.[2]

While woman trafficking is not a new phenomenon, the electronic commerce is a new resource for woman traffickers to find women, sell women, and at the same time conceal their own identities.[3] Because of the highly unregulated nature of the Internet,[4] pimps and those who purchase trafficked women are able to use this platform for criminal purposes with minimal risk of prosecution.[5]Further, the Internet allows those who exploit enslaved women to share experiences with an expansive World Wide Web audience, thereby normalising the victimisation of trafficked women.[6]Finally, because Internet websites have global reach; this paper discusses the need for international legal cooperation to further develop human rights law by more explicitly criminalising Internet-facilitated women trafficking.

There are many online media through which pimps and human traffickers lure young women into the commercial sex industry under false pretences.[7] Pimps and human traffickers then use these websites to sell the women they’ve enslaved as commercial sex workers.[8]It can call E-Commerce women trafficking.Although Craigslist has been notorious for hosting an “erotic” services page, pimps and human traffickers increasingly solicit women via a range of Internet websites, chat rooms, and peer-to-peer file sharing servers to which they and the women they seek have ample access.

Impact of Internet and E-Commerce on women trafficking                     

As awareness of women trafficking increases, we are learning more about how the Internet and E-Commerce impact onwomen trafficking. Runaway and Homeless programs must recognise that the internet and social media function as tools with the potential to facilitate women trafficking. They can also be utilised to interrupt it. Social media and the internet, as well as other networking technologies, provide traffickers with the ability to connect with potential victims. Traffickers are also able to manipulate potential victims’ lives in “real-time” by utilising technology to text or share and tag photos on social net working sites.

The United Nations have worked extensively on women and new technology, playing a groundbreaking role by drawing international attention to the positive and negative sides of Internet in relation to empowerment of women.

  1. to information, decision-making in media, employment/entrepreneurship, Access stereotyping, participation/actives

The United Nations have played a ground-breaking role by drawing international attention to  positive – and negative – sides of Internet in relation to empowerment of women. The 1995 Beijing Declaration and Platform for Action has included among its main Areas of concern that of “Women and the Media”, including new technologies of communication. The World Summits on the Information Society (WSIS) of 2003, 2005 and 2015 and related outcome documents and Agendas have also promoted the role of women in digital world.

 

  1. b) Harassment and sexual violence, trafficking/modern slavery

The UN has sponsored the so-called Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, which does not mention explicitly the Internet. In November 2014, the UN Secretary-General Ban Ki-moon referred on the International Day for the Elimination of Violence against Women to issue of “the continued bullying of women on Internet.[9]

Conclusion:

The Internet, and ease of communication and electronic commerce it offers, has facilitated the trafficking of women around the globe. Traffickers and potential purchasers of trafficking victims are increasingly using Internet websites, chat rooms, and peer-to-peer file-sharing servers to recruit and sell women byelectroniccommerce. Those who exploit trafficked women can use Internet to share stories about their experiences with broad audiences, normalising otherwise abhorrent behaviour. To fully achieve the goals of United 2010, Journalof High Technology Law 289 Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and the goals of countries including the United States, Canada and Australia in reducing, preventing, and prosecuting those who sexually exploit women , international law addressing modern trafficking must reach Internet activity. The most comprehensive solution to stemming online womentrafficking is to develop an international agreement explicitly prohibiting such activity. In order to involve countries such as the United States, who might be wary of regulating expressive content, the agreement could specify that it is kind of conduct promulgated over Internet–and not content of speech promulgated there–that constitutes criminal human trafficking violations. Moreover, many members of international community should assent to adopting Internet-specific anti-trafficking provisions because they have already expressed their commitment to prohibiting trafficking activity under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women, and have established adomestic law which, in some cases, already reaches certain Internet activities. In the event that members of the international community would reject a new Internet-specific trafficking agreement, an optional protocol

to current Convention on Cybercrime could be adopted to protect women victimised by computer crimes arising out of countries who adopt the additional protocol. Further, an optional protocol could serve as a model for future legislation that would engage the broader international community. Eventually, comprehensive international law targeting internet-facilitated women trafficking could be established to protect those who are exploited by traffickers, paedophiles, and sexual deviants who covertly navigate the Internet to prey on the economic and social plight of women throughout the world.

 

[1] Judge MohmedChawki and Dr Mohamed Wahab, Computer Crime Research Center, March 05, 2005.

[2]Availableathttp://www.unglobalcompact.org/docs/issues_doc/labour/Forced_labour/HUMAN_TRAFFICKING_- _THE_FACTS_-_final.pdf

[3]Jacqui Cheng, Sheriff Files Lawsuit Over Craigslist’s Red-light District (Updated), ARS TECHNIA, Mar. 5, 2009, archived availableat http://www.webcitation.org/5o71Jedqo (describing the ease of making fairly anonymous postings on Craigslist).

[4] Infra text accompanying note 102.

[5]Id.

[6] See Explanatory Report; infra note 91, at 93.

[7]Matt Walberg, Sheriff Sues Craigslist as ‘largest source’ of Prostitution, CHICAGO BREAKING NEWS, Mar. 5, 2009, available at http://www.webcitation.org/5o5489MCj

[8] ASSOCIATED PRESS, Illinois: Sheriff Sues Craigslist, N. Y. TIMES, Mar. 5, 2009, availableat http://www.webcitation.org/5o54rzT5v.

[9]Availableathttp://www.un.org/sg/statements/index.asp?nid=8227.

7
Aug

Position of women under Hindu law

   

DISHA DHEEMAN, B.A. LL.B. SRMS                                     

               “  YATRA  NARYASTU  PUJYANTE  RAMANTE  TATRA  DEVATA

                    YATRETASTU  NA  PUJYANTE  SARVASTRAPHALA  KRIYA”

The meaning of this Sanskrit shloka is “Women are honoured where divinity blossoms there, and where women are dishonoured, all action no matter how noble remain unfruitful.”

WOMEN IN INDIA

Women are the integral part of our Indian society where they represent almost half of the population of the nation. They are well thought-out to be very near to nature but in spite of these things, the condition of women is not satisfactory in the male dominating society. There are facing many problems in today’s era like socio culture, political, economic, and many others from childhood to the age of her majority. There is a certain disgrace, inequalities, deprivation, unprivileged conditions, and many forms of inequalities. But now women are proving themselves whenever they are provided with an opportunity.

HISTORICAL BACKGROUND ON WOMEN’S SITUATION

The condition of women had not been the same in the various stages of history.

WOMEN IN THEIR STAGES

In the Vedic period, the women are of service to the equal rights those of men. They had a right to education and got the prestige position in the study of Vedas. Some of the women were very great and famous scholars like Ghosha, Apala, Matraiyee, Gargi. But in the Post Vedic age women’s condition got downfall. They become down trodden to the society. At that time they were facing the problem of inequalities or women’s condition rapidly down fall. In Gupta Period condition of women become poor as dowry become a major problem, child marriage, conditions for widows, economic rights, female feticides, parda pratha, jauhar, sati pratha etc. In British period some social reform movements took place regarding the condition of women.

Ishwar Chand Vidyasagar, Raja Rammohan Roy and other social reformers fight for them in which some are as follows:-

  • Sati Prohibition Act (1829)
  • Child Marriage Prohibition Act (1929)
  • Widow Remarriage Act (1856)
  • Hindu Property Inheritance Act (1937)

After Independence era women were given equal democratic rights but still they are facing so many cultural, socio and economic constant on women.

  • Gender discrimination and gender inequality
  • Education problem
  • Employment problem
  • Problems regarding health and nutrition
  • Dowry
  • Sexual violence and exploitation
  • Religious ignorance and other socio problems

Women’s position under Hindu law

“A Position of women must be honourable” with this fact Hindu law contributes a lot to the improvement of women in comparison to earlier situation of them.

Chapter 2, INTESTATE SUCCESSION include Sec 14 of the Hindu Succession Act, 19561 which clearly says about property of female Hindu to be her absolute property means any property (both movable and immovable) possessed by a Hindu female, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. And Sec 15 says about the general rules of succession in the case of a female Hindu.1

Mangat Mal v. Punni Devi, AIR 1996 SC 1461 in this case some property was given to a Hindu widow for her maintenance by the member of a joint Hindu family that property shall become her absolute property.

CHAPTER 3, MAINTENANCE include Sec 18 of The Hindu Adoption and Maintenance Act, 19561 says about the maintenance of wife from her husband on certain grounds. Sec 19 stated Maintenance of Widowed daughter-in-law. Constitution of India also provides special provision for the women.  Art 15(2) provide some relief and 15(3) special provision for women and children. Art 16 stated that there shall be equal opportunity for all citizens in a matter of employment or appointment to any office under the state2.

According to Marriage Laws (Amendment) Act, 1976 court decided that the amount of compensation from husband’s property to his wife and children once the marriage ends legally.

Sec 8 of HINDU ADOPTION AND MAINTENANCE ACT substituted by the Personal Laws (Amendment) Act, 2010 which says that any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption.

In the case of Duni Chand v. Paras Ram, AIR 1970 Delhi 2021 said that unmarried woman and divorced women can take in adoption.

Sec 9(2) of this Act also mention that father and mother have equal right to give a son and daughter in adoption.

Female member as Karta: Senior most male member is the Karta of the joint family. But now female can also be a Karta after the judgement of the Nagpur High Court3 that in the absence of adult male members, female can be the head of the family and her acts will be binding on others.

 

HINDU SUCCESSION (AMENDMENT) ACT 20054

Sec 6 of this Act has been amended in 2005 as mentioned below:

  • Daughter by birth become a coparcener in her own right as a son has.
  • If she had been a son, she has same rights in the property.
  • She can be subject to the liabilities in the same manner as the son.

This implies that now daughter is also very much capable of acquiring an interest in the coparcenaries property and this new transform allow daughters to start a joint family herself. There were more improvements as Dowry Prohibition Act, (1961) (1986), Child Marriage Restraint Act, (1978) etc.

SUM UP

In today’s era, there have been vast changes in the position of women in the structure of Hindu society. In spite of these amendments, there should be more changed to improve the equality through which a woman can’t feel inferior to herself.

The family court, social welfare department, human right commission are also a custodian of the women rights. This is not only about property, maintenance, divorce but also about the rights of women, that they are also a part of our society, a place should be privileged, must not be any kind of discrimination against them. There is a need of discussion of the stance that laws and public policy should take an action.

REFRENCE:

1 Hindu Law 2016 bare act

2 Constitution (100th Amendment Act,2015) of India

3 Modern Hindu Law, Dr, Paras Diwan

www.lawyersclubindia.com

 

Legal News Reporter

Disha Dheeman

BALLB(H), 3rd yr.

3
Aug

Indecent Representation of Women in Advertisements

 

Shree Rastogi, B.Com LLB 3rd Year, SRMU

In today’s modern era there is an increase in new communication technology, so the power of mass media has grown dramatically. Its branches like Newspaper, television, magazines, satellite television and cables and Internet are spread all over the World and we can say that their accessibility is at every home and towns. Many issues and trending news are being printed and displayed but along with them some inappropriate and indecent advertisements are also being displayed which are not suitable for our society, it shows the indecency of women. Despite being spreading awareness properly through speeches and articles, they just show the nudity and embarrassing pictures and videos.

There are some Sections under Indian Penal Code those are Section 292 (Sale, etc., of obscene books, etc., Under Section 293 (Sales, etc., of obscene objects of young person.) Under Section 294 (That is for obscene acts and songs.).  There are different punishments for these Sections under IPC. The terms obscenity, indecent or vulgar are difficult to define as they are directly linked to the Moral Value in the society. Obscenity deals with sale, hire, distribution, public exhibition, circulation, export, import or advertisement, etc. of any matter which is obscene. It is important or need to protect society against potential harm that may flow from obscene material and to ensure respect for freedom of expression which has to be balanced with flow of information.

In the case of Chandrakant kalyandas kokodar vs. State of Maharashtra1 it was held that there was no fixed rule to determine obscenity. “The concept of obscenity would differ from country to country depending on the standards of morals of contemporary society.

In spite of all these provisions of the Indian Penal Code, there is growing of indecent representation of women references to women publications, particularly in advertisements which have the effect of criticize unfairly to women  and derogatory to women. Therefore the Indecent Representation of Women (Prohibition) Act, 1986 was legislated and prohibits indecent representation of women through advertisements, books, writings, painting, figures, or in any other manner.

_____________________________________________________________________________

  1. AIR (1970) 1396, (1970) SCR (2)80.

In Section 2 there is a definition advertisement and indecent representation of women. In Section 3 of this Act it states the Prohibition of advertisements containing indecent representation of women. In Section 4: Prohibition of publication or sending by post of books, pamphlets, etc. containing indecent representation of women. Any person who contravenes the provisions of section 3 and 4 shall be punishable under section-6 of this Act.

Women are being shown in indecent manner on advertisements day by day and either they are being banned or hardly any action is been taken. The National Commission of Women has suggested modifications in the Act and elaborates upon ways to strengthen it and make it workable so that objectives can be achieved easily.

The Constitution of India in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles not only grand’s equality to women, but also empowers the state to adopt measures of positive discrimination in favor of women. Within a frame work of a democratic polity, our laws, development policies, plans and programs have aimed at women’s advancement in different spheres. India has also ratified various International Conventions and human right instruments committing to secure equal rights of women. Key among them is ratification of the Conventions on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993. Its our Fundamental Duty to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women under article 51(A) (e) of Indian Constitution.

As every person has a Right to Protection of life and Personal Liberty under Article 21 of Indian Constitution, women have inherent right to dignity, there is a case Chandra Raj Kumari vs Police Commissioner, Hyderabad2, it was held that right to live includes right to live with dignity or decency and therefore holding of beauty contest is repugnant to dignity or decency of women and offends Article 21 of The Constitution. Article 19 (1) guarantees freedom of speech and expression of individual as well as press, this right conferred by the Constitution has triggered various problems.

 

2.1996 Cri LJ 2725 (Del).

.

The Information Technology Act, 2000: Under Section 67 of this Act aids in the control of advertisements which has found its life in the new media- the Internet and states publishing, or transmitting, or causing to be published, pornographic materials in electronic form.

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994:  Under Section 22 of this act, it talks about the Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention.

By Publication of sex oriented matter in newspaper or any kind of advertisement is not keeping balance with the protection of the children from harmful and disturbing materials.

Conclusion:

Advertisements like use of condoms, energy pills, Kama sutra, perfumes, in fact some clothing ads as well show lots of nudity of women and irrelevant matter; other than television even if we serve internet there are some pop-ups that come in between our serving unwantedly ads like call girls, shopping for under garments, other pills etc., these are totally embarrassing. Although we have so many Laws to stop them but do they really being stopped? No, some commercials do get banned in India but this indecency of women is just getting higher by day.

Advertisements that are being shown think their motto is for our awareness but irony is they totally disobey our culture and moral values. The dignity and decency of a women must be maintained in our society then only our children, even youths will be away from all those nudity and indecencies. True, women must get full freedom and equality but it surly don’t mean to give any message for any kind of sexual violence and nature of appeal to strong sexual instincts to sell products or for promoting media. One of the most controversial issue is balancing the need to protect society against to potential harm that may flow from indecent representation of women in advertisement materials, and the need to ensure respect for freedom of expression and to preserve a free flow of information and ideas. Advertisements are for us to get knowledge about issues, products, rules etc. but now-a-days it’s just a part of Business.

 

 

 

 

3
Aug

Conflict between Fundamental Rights and Personnel Laws: Injustice to women

Tanay Akash, B.A. LL.B. Central University of South Bihar

Introduction

India, a country of different culture, different practices, different languages, different religion, different faith and as the basic structure of the Indian Constitution i.e. preamble contains secularism and protection of belief, faith and worship it guarantees the protection of the right of each individual. And as they have different cultural views they also need some different laws to be governed and these set of laws are known as personal laws. These personal laws are mostly uncodified and based upon traditions as well as religious texts. The rules given under these laws are mostly of family matters such as marriage, divorce,maintenance, succession etc.                                                                                                              Different personal laws provide different ways and methods for all such social activities and it is also said that it is kept away from fundamental rights.

Fundamental rights are such rights which are kept in the part 3rd of the Constitution and are enforceable in the Apex Court of India. These rights are the basic rights which a human being must have certain limitations but the contradictions between the fundamental rights and some provisions given under personal laws make a vague sphere of judicature. Ultimately it is seen in the present scenario that all those provisions directly or indirectly are male dominated and favours the patriarchal society. Women suffer and even their fundamental rights get harmed. None of the personal laws ensure equal rights and treatment whether it may be the matter of marriage, divorce or succession.

Malpractices in the personal laws

Women, better known as the best creation of the world and which constitute half of the population of the society but still gets ill-treated at every age. They seem to be dependent from centuries over men for sources and independence but today when we are living in the 21st century where women are allowed to enjoy equal rights as of men, they have the right to live their life with full liberty and dignity, then there are certain malpractices in the name of provisions of some personal laws. These malpractices are a result of the archaic customs which are needed to be modified.

  1. a) Malpractices regarding marriage – Marriage is something which is said to be as an indissoluble union, Holy union, Inseparable Union and the meeting of the sole to sole and flesh to flesh in Hindu Personal laws. As it is codified under The Hindu Marriage Act 1955, it has less ambiguity but malpractices are still there which are needed to be regulated. Sec 7 of this act describes ceremonies needed for the celebration of Hindu marriage and in several cases, it is seen that in the case of bigamy husband got acquitted just because the 1st or the 2nd marriage was not properly celebrated. Also, the process of registration of the marriage is not binding practically as the fine is nominal. The worst condition of women is in Muslim personal law as being mostly uncodified it just becomes a mere contract. Practices such as polygamy make it even worse. It is said in Shariyat that you can only marry with 4 women if you can treat them equally but practically it is impossible for anyone to treat them equally with same love and emotion. In Christian and Parsi personal laws the problems of adultery and bigamy are seen.
  2. b) Malpractices regarding divorce and maintenance – Divorce means a permanent separation from conjugal duties and maintenance is the amount which is given after such divorce. These two things are made compulsorily in all the personal laws but the malpractices regarding these two things are also high. As Hindu Marriage Act puts some useless criteria under Sec 13 for divorce, Muslim personal law contains some vague provisions such as Triple Talak, Khula etc. which are completely harming the dignity of Muslim women. It is also seen that nominally they are given very less right in Islamic Laws even then they are mostly unenforceable.  Recently Justice Pasha said that if a Muslim male is allowed for polygamy why not they provide such right to females too. Recently in the famous ‘Shayra Bano’ case, it was seen that the Shariyat Application Act of 1937 and the dissolution of Muslim Marriages act, 1939 is incomplete and need to be amended.
  3. c) Other practices – Other than these even after some codes and acts in the matter of succession, rights and benefits it is seen that the personal laws favour males over female which is a complete biasness. There are also some traditions which are done as per religious faith but against the human values.

Conflict with fundamental rights

Recently in the Apex Court while hearing the ‘Jamiyat Ulema E Hind’ said that ‘Supreme Court cannot check Marriage, Maintenance and Divorce constitutionally because personal laws cannot be challenged with respect to fundamental rights’. This statement is completely meaningless as each and every law in India is below the Constitution of India and Article 21 of Indian Constitution provides everyone to live life with full personal liberty, dignity and privacy. Also, Article 14- 15 guarantees equality as well as no discrimination. It is also said that in all other civil and criminal matters everyone is governed by codes such as Indian Penal Code 1860, Code of Criminal Procedure 1973, Civil Procedure code 1908, Indian Contract Act 1872 but when it comes in the matter of family and women., the patriarchal society stares towards personal laws and exploitations in the name of tradition and religion begins.

None of the law is above the basic human rights and fundamental right tries to secure such rights through enforceability, thus it must cover the purview of every personal law and if any provision in the personal law is violative of fundamental right them it must be rectified.

Conclusion

From a passive housewife to an active member to bring social change women showed a huge potential throughout the world. In leadership qualities they are nowhere less in any manner then men even they are more capable of performing it whether it is of social, economic, religious or political. It’s time for the society to change its mind set and to work accordingly and for complying with such equalised society it is mandatory for personal laws to be amended and the ambiguities which are present in them must be rectified.

It is not such, that if something exploitive is running from time immemorial then it must go on just because it proves the dominance of a gender over other. Now it’s time to make a change. Nothing is above the basic human rights and every personal law in the clash with it must be struck off.

9
Jul

Legal Shorts; SC: Refusing to return Stridhan is Criminal Breach of Trust.

So far as the jewellery and clothes, blouses, nighties and gowns are concerned they could be used only by the wife and were her stridhan. By no stretch of imagination could it be said that the ornaments and sarees and other articles mentioned above could also be used by the husband. If therefore, despite demands these articles were refused to be returned to the wife by the husband and his parents, it amounted to an offence of criminal breach of trust.

Case:
Pratibha Rani  Vs. Suraj Kumar.

Citation:
AIR 1985 SC 628
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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4
Jul

Legal Shorts; SC: Violence against/Abuse of women – Gender neutral nature of, clarified.

Held, physical abuse, verbal abuse, emotional abuse and economic abuse can all be by women against other women – Even sexual abuse may, in a given fact circumstance, be by one woman on another.

Case:
Hiral P. Harsora Vs. Kusum Narottamdas Harsora

Citation:
(2016) 10 SCC 165: AIR 2016 SC 4774.

Bench Stenghth – 2.
Coram: Kurian Joseph and R.F. Nariman, JJ.

Date of decision: 6-10-2016
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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