“War is not just the shower of bullets and bombs from both side, it is also the shower of blood and bones on both sides.” – Amit Kalantri Introduction – An act to unify and revise the legislation read more
“War is not just the shower of bullets and bombs from both side, it is also the shower of blood and bones on both sides.” – Amit Kalantri
Introduction – An act to unify and revise the legislation governing the regular army’s administration.
Persons subjected to this Act –
a. Officers, junior commissioned officers, and warrant officers of the regular Army are subject to this Act.
b. Members of the Indian Supplementary Reserve Forces are called up for service or performing the yearly exam.
c. Officers of the Territorial Army when performing their duties as such officers, and enrolled members of the said Army when called out, embodied or attached to any regular forces.
d. Officers appointed to the Indian Regular Reserve of Officers when called upon to perform any duty or service for which they are obligated as members of such reserve forces.
Importance of Army – The Indian Army’s principal duty is to secure national security and national unity, to protect the nation from external aggression and domestic dangers, and to preserve peace and security inside its boundaries.
Role of Army – The army is the component of a country’s military that battles on the ground. Soldiers are members of the military. Soldiers execute a variety of tasks, including shooting opponents and creating defensive trenchers. They are employed to protect their nation or to assault the army of another country.
Commission and appointment – The president may give a commission as an officer or a junior commissioned officer to anybody he sees appropriate, or appoint anyone as a warrant officer of the regular Army.
Ineligibility of females for enrollment or employment – No female shall be eligible for enrollment or employment in the regular Army, except in such corps, department, branch or other body forming part of, or attached to, the regular Army as the Central Government may specify in this regard by notification in the official Gazette.
Mode of Enrollment – If, after complying with the provisions of section – 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of services, and if such officer perceived no impediment, he shall sign and cause such person to sign the enrollment paper, and to such individual is assumed to be enlisted as a result.
Validity of enrollment – Any person who has been in receipt of pay as a person enrolled under this Act for three months and has been borne on the rolls of any corps or department shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrollment, or on any other ground whatsoever, and if any person in receipt of such pay and borne on the rolls as aforesaid claims his discharge before the expiry of three months from his enrolment, no such irregularity, illegality, or other ground shall affect his position as an enrolled person under this act or invalidate any proceedings, act, or thing taken or done prior to his discharge.
Conditions of Service – tenure of service under the Act – Everyone subject to this Act serves at the discretion of the President.
Termination of service by the Central Government – Subject to the provisions of this Act and the rules and regulations promulgated there under, the Central Government may dismiss or remove any person subject to this act from the service.
Dismissal, removal or reduction of officers by the Chief of the Army Staff and other officers – Any individual subject to this act who is not an officer may be dismissed or removed from service by the Chief of the Army Staff. Any warrant officer or non – commissioned officer may be reduced to a lesser grade or rank or ranks by the Chief of the Army staff. An officer with the authority of a brigade or comparable commander, or any prescribed officer, has the authority to dismiss or remove from service any individual serving under his command who is not n officer or a junior commissioned officer.
Retirement, release or discharge – Any person covered by this Act may be retired, released or dismissed from service by the authority and in the manner authorized. A person who is subject to the AA remains so until he is retired, released, removed, discharged, dismissed or cashiered from the military. Though rules may specify age limitations for obligatory retirement in certain positions, everyone subject to the AA serves at the discretion of the President and so has no entitlement to be maintained in service until he reaches such age limit.
Certificate of termination of service – Every Junior commissioned officer, warrant officer, or enrolled person who is dismissed, removed, discharged, retired, or released from the service shall be issued a certificate by his commanding officer, in both his native language and English, stating –
a. The authority terminating his service.
b. The reason for such termination;
c. The whole length of his regular Army duty.
Discharge or dismissal when out of India – Any person enrolled under this act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when so entitled or ordered to be discharged, is serving outside of India, shall be sent to India as soon as possible before being discharged. Any individual enlisted under this Act who is removed from the service and is serving outside of India at the time of his dismissal should be returned to India as soon as possible.
Offences in relation to the enemy and punishable with death – Any person subject to this act who omits any of the following offences, namely – Shamefully abandons or surrenders any garrison, fortress, station, place, or guard assigned to his care, or which it is his responsibility to defend, or employs any methods to persuade or encourage any commanding officer or other person to execute any of the aforementioned actions intentionally employs any methods to coerce or encourage anybody subject to military, naval or air force law to refrain from acting against the enemy, or to dissuade such a person from acting against the enemy.
The Veterans Cell was established in April 2013 as a single point of contact for veterans’ concerns and goals at Army Headquarters. Since then, its mission and charter have extended significantly to encompass read more
The Veterans Cell was established in April 2013 as a single point of contact for veterans’ concerns and goals at Army Headquarters. Since then, its mission and charter have extended significantly to encompass topics other than traditional pension and welfare concerns. It interacts not just with the AG Branch’s line directors and welfare societies, but also with other directorates state governments, skilling agencies, and placement partners across the country. These expanded responsibilities necessitated the transformation of the Army veterans cell into the Directorate of Indian Army Veterans (DIAV) under the AG Branch. It now reports directly to the Adjutant general, giving the administration of veteran issues in the Indian Army the respect it deserves.
DIAV’s Structure and Key
The Directorate of Indian Army Veterans (DIAV) will be divided into four departments. These are the following:
1. Policy and Outreach Section: This will be the lead section and will serve as the new directorate’s nerve center. The section, led by a director – level official, will be the primary point of contact for all veterans, widows, and wards. The portion is divided into three distinct desks. They are as follows
a. The Monitoring Station,
b. The Veterans Outreach Desk,
c. The Data Management and Web Portal Support Desk
The section is also in charge of running the Indian Army Veterans Web Portal as well as any other portals or connections that the organization may be asked to host in the future.
2. Pensions & Entitlement Section: This part will be the directorate’s backbone, responsible for all tasks relating to pensions and entitlements, such as sanction, disbursement, and associated legal redress and correction. To offer veterans, widows, and handicapped soldiers with the appropriate guidance and support, the section will maintain strong cooperation with the Manpower Planning and Personnel Services Directorate at AG Branch, as well as the Record Offices and PCDA (O) & PCDA (P). This unit will eventually take over the CPGRAMS tasks that are now performed by the Personnel Services Directorate at Army Headquarters. The section will also host the Manpower Planning Directorate’s databases on a shared basis in order to deliver real – time information on personnel records to the retired fraternity.
3. Benefits & Welfare Section: This unit is in charge of grievance handling for all services considered acceptable to a veteran after retirement, such as medical, education, housing, re – employment insurance, and so on. The section will keep in touch with and cooperate with the AWPO, AWHO, AWES, AGI and ECHS on any policy and delivery issues that affect the veteran community. This division will also be solely responsible for the creation and operation of the DIAV’s Veterans E – lobby.
4. Skilling and Transition Section: This branch is in charge of pushing the Indian Army’s Skilling effort, which is being carried out in partnership with the Ministry of Skill Development and Entrepreneurship through National Skill Development, in order to provide acceptable 2nd career alternatives for prospective retirees. Skill training is not being provided at all Regt. Centers by NSDC – accredited trainers. In 2017, DIAV assisted in the training of almost 20,000 futures retirees. Concurrently, NSDC – aligned course are being made accessible to army wives and wards at the numerous Army Skill Training Centers opening in various Cantts and mil stns, providing them with national accreditation get National Skill Qualification Framework (NSQF) certificates.
Veterans E – Lobby
The Veterans E – lobby is a one – of – a – kind facility that is currently being built at the DIAV. Once operational, it will provide a variety of advising services to veterans, windows, handicapped troops, and wards. The E – lobby is intended to offer the following services:
1. Banking Services: Banking advice and services pertaining to pensions. The SBI and PNB service centers have already been established, and they provide first – rate financial advice and amenities to the veteran community.
2. Disability Care & Support Services: At the E – lobby, a multi – brand facility has been constructed to demonstrate new items for wounded warriors. These now include Honda Motors and ALIMCO, both of which have been engaged in this industry. New partners are being sought to provide our veteran community with high – quality disability care and support goods.
3. NSDC Skilling Services: At the E – lobby, a Liaison Office supported by the National Skill Development Corporation (NSDC) is being constructed. This office will host Liaison Officers/Consultants from several NSDC Sector skill councils to advise institutions and people on potential possibilities for skill development, evaluation and certification.
4. Widow Care & Support Services: In due course a widows care and support office will be constructed in the E – lobby. This agency will give expert advice to windows and wards based on their specific requirements. On a functional level, this office will work with the AWWA.
5. Financial Advisory Services: In due time, the DIAV will also provide professional financial advising services at the E – lobby. The experts will provide veterans and widows with guidance on different financial products and possibilities in order to safeguard the profitability and security of any personal investments.
6. Miscellaneous Services: As a welfare measure for veterans, DIAV has also provided intra – cantonment transportation services. The DIAV van (8 – seater) picks up and put off veterans at predetermined sites across the cantonment, in line with established routes and timetables.
Since its inception five years ago, the veterans cell, now known as DIAV, has expanded its reach in a variety of ways. The data points below show the Veterans Cell’s accomplishments.
· Resolved 23,730 out of 30,484 grievances in various formats during fiscal year 2017 – 2018.
· Paid out Rs. 509.90 crores to 1,24,766 beneficiaries since inception, including Rs. 42.43 crores to 7,010 recipients in FY 2018 – 2018.
· Approximately 24 EXSM rallies across the nation received policy guidance and support.
· During the previous year, the Army Welfare Placement Organization (AWPO) and its nodes offered 12000 employments across the country.
· The Indian Army Veterans Portal, which was launched in June 2014, has had 15,14,372 hits as of January 15, 2018. Since its debut, the Portal has also received 5,90,410 registrations and processed around 5,100 complaints.
Future Projects and Programs
DIAV will always strive to live up to its slogan, ‘WE CARE & SUPPORT’. It is currently preparing to launch the following programs in 2018:
· Veterans Contacts Program
· Widows Care and Support Program
· Disabled Soldiers Care and Support Program
· Anomaly in Veterans Pensions & Resolution Program
Human trafficking is a big problem in India, despite the fact that it is illegal under Indian law. People are routinely trafficked illegally across India. Human trafficking is not only prohibited in India, read more
Human trafficking is a big problem in India, despite the fact that it is illegal under Indian law. People are routinely trafficked illegally across India. Human trafficking is not only prohibited in India, but it is also unlawful worldwide. Human trafficking is the world’s third largest criminal sector, after drug trafficking and arms traffic. It is also the world’s fastest expanding criminal activity. Human trafficking of people, usually for the purposes of slavery, forced labor or commercial sexual exploitation for the trafficker or others. This unethical commerce and exploitation of human beings in the twenty – first century shows a sad condition of events that proves that human trafficking is today’s greatest ethical concern.
It depicts a contrasting picture of in equality among equals in terms of each individual’s right to choose his or her own life, as trafficked victims are forced to sell their innate freedom and are subjected to forceful enslavement. Their cries for aid are lost in a sea of unremitting tyranny and widespread apathy that has persisted for decades.
Human Trafficking entails the forced removal of a person’s dignity and self – worth in order to exploit the weak. Millions of people are trafficked in India each year both locally and internationally. Human trafficking is thought to be the fastest – growing business in the twenty – first century. This crime has an unimaginable human cost and is one of the most heinous aspects of modern society. Women and Children, unsurprisingly, make up the bulk of human trafficking victims in poor nations, since they are the most disenfranchised members of society. For men, women, and children trafficked for forced labor and commercial sexual exploitation, India has become a source, destination and transit county.
The United Nations Office for Drugs and Crime (UNODC) States that
· 51% Victims of trafficking are women, 28% children and 21% men.
· 72% people who are exploited in this industry are women.
· 63% of traffickers are men and 37% are women.
· 43% of victims are trafficked to different countries.
Constitutional & Legislative provisions related to Human Trafficking
· Trafficking in Human Beings or Persons is prohibited by Article 23(1) of the Indian Constitution.
· The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the primary piece of legislation for preventing trafficking for commercial sexual exploitation.
· The Criminal Law (Amendment) Act of 2013 went into effect, replacing Section 370 of the Indian Penal Code with Section 370 and 370(A) of the IPC, which provide for comprehensive measures to combat the menace of Human trafficking, including trafficking of children for exploitation in any form, including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs.
· The Protection of Children from Sexual Offenses (POCSO) Act, 2012, which took effect on November 14, 2012, is a unique legislation designed to protect children from sexual abuse and exploitation. It defines several types of sexual abuse, such as penetrative and non – penetrative sexual assault, as well as sexual harassment.
· Other particular laws have been passed in relation to the trafficking of women and children. Apart from specific sections in the IPC, such as Section 372 and 373 dealing with the sale and purchase of girls for the purpose of prostitution, the Prohibition of Child Marriage Act, 2006, the bonded Labor System (Abolition) Act, 1976, the Child Labor (Prohibition and Regulation) Act, 1986, and the Transplantation of Human Organs Act, 1994.
· State Governments have also passed legislation to address the issue. (Example – The Punjab Prevention of Human Smuggling Act, 2012)
Laws against Human Trafficking in India
There are various laws that deal with various types of trafficking, which are listed below:
1. The Indian Penal Code of 1860 Human Trafficking is predominantly prosecuted in India under the Indian Penal Code, 1860.
The following are the key sections:
· Section 347 – Any person who unlawfully confines another person in order to extort money from them or force them to commit criminal conduct faces up to three years in jail and a fine.
· Section 357 – Anyone who uses assault or criminal force to illegally restrict a person will be imprisoned for up to one year or fined up to one thousand rupees.
· Section 363 – Anyone who kidnaps a person from India or from legitimate guardianship is subject to imprisonment for up to seven years and a fine.
· Section 365 – Whoever kidnaps or abducts a person with the aim to covertly and unlawfully detain him or her is punishable by imprisonment for up to seven years and a fine.
· Section 370 – This clause defines trafficking as ‘anyone who, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbors, (d) transfers, or (e) receives a person or individuals,’ by: First, threats are used, secondly by force or other forms of coercion are used, and thirdly by abduction or kidnapping, or fourth by committing fraud or deception, or fifth by abusing power, sixth by the act of trafficking is committed by enticement, including the providing or receiving of cash or advantages, in order to obtain the permission of any person having control over the person recruited, transported, harbored, transferred, or received.
· Section 506 – The penalty for criminal intimidation is imprisonment for up to two years, a fine or both.
· Section 354(A) - Any man who engages in the following acts:
i. Physical Contact and approaches involving unwanted and explicit sexual overtures.
ii. A demand or request for sexual favors.
iii. The display of pornography against the will of a woman.
Shall be imprisoned for a period of up to three years or fined or both.
· Section 376 – The penalty for rape is imprisonment for a term of not less than 10 years and up to life imprisonment, as well as a fine or both.
· Section 366 – Anyone who kidnaps, abducts, or compels a woman to marry is punishable by up to 10 years in jail and a fine.
· Section 366(A) – Procurement of a juvenile girl is punishable by imprisonment for up to 10 years in addition to a fine.
· Section 366(B) – Importation of a female (under the age of twenty – one years) from a foreign nation is punished by imprisonment for up to 10 years in addition to a fine.
· Section 370(4) – if the offenses include the trafficking of one juvenile, the punishment is imprisonment for not less than 10 years and up to life imprisonment, as well as a fine.
· Section 370(5) – If the offenses include the trafficking of more than one juvenile, the punishment must be imprisonment for not less than 10 years, with the possibility of life imprisonment, as well as a fine.
· Section 372 – Anyone who sells children for the purpose of prostitution or illicit intercourse with any person, or for any unlawful and immoral purpose, is subject to imprisonment for up to 10 years and a fine.
· Section 371 – Imports, exports, trafficking, purchasing, selling, and so on in slaves are punishable by life imprisonment or a period of imprisonment not exceeding 10 years, as well as a fine.
· Section 374 – Unlawful obligatory labor against the person’s will is punishable by imprisonment for up to a year, a fine or both.
Aiding Human Trafficking
· Section 368 – Anyone who illegally conceals or confines a kidnapped or abducted person must be punished in the same manner as the kidnapper or abductor himself, namely with imprisonment for up to 10 years and a fine.
· Section 370(A)(1) – Whoever employs a trafficked juvenile in any way for sexual exploitation shall be punished with imprisonment for a time not less than five years, but which may extend to seven years, and may also be liable to fine.
· Section 370(A)(2) – Whoever employs a trafficked person in any way for sexual exploitation shall be penalized with imprisonment for a time not less than three years, but not less than five years, and shall also be liable to fine.
· Section 373 – Anyone who buys juveniles for the purpose of prostitution is subject to imprisonment for a term of up to 10 years, as well as a fine.
Immoral Traffic (Prevention) Act, 1956
This Act deals with Human Trafficking for the purposes of Sexual Exploitation.
· Section 3 – The punishment for running a brothel is imprisonment for a duration of not less than one year and not more than three years, as well as a fine of up to two thousand rupees.
· Section 4 – The punishment for living on prostitution profits is imprisonment for a time of not less than one year and not more than three years, as well as a fine of up to thousand rupees. If a minor’s profits come from prostitution, the punishment is imprisonment for duration of not less than seven years and not more than 10 years.
· Section 5 – Procuring, inducing or taking a person for the purpose of their prostitution, with or without their consent, is punishable by imprisonment for term of not less than three years and not more than seven years, as well as a fine of up to two thousand rupees, and if committed against the will of any person, the punishment of imprisonment for a term of seven years is extended to imprisonment for a term of fourteen years.
· Section 6 – Detaining a person on premises where prostitution is practiced is punishable by imprisonment for a term not less than seven years, but which may be for life, or for a term that may extend to 10 years, as well as a fine.
Aside from the foregoing, this Act punishes offences such as seducing or soliciting for the purpose of prostitution, prostitution in or near public areas, and seduction of a person in custody.
3. The Constitution of India, 1949,
· Article 23 – Human Trafficking and forced labor are illegal and penalized by law.
· Article 24 – Stipulates that any kid under the age of fourteen must not engage in any dangerous occupation such as a factory or a mine.
4. The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 (Lapsed)
The goal of this law was to combat human trafficking, provide protection and rehabilitation to victims of human trafficking, and prosecute criminals. It was passed in the Lok Sabha on July 26th, 2018, and was scheduled for passage in the Rajya Sabha, but it expired.
Other specific legislation relating to trafficking in women and children has been enacted, such as the Prohibition of Child Marriage Act, 2006, the bonded Labor System (Abolition) Act of 1976, the Child Labor (Prohibition and Regulation) Act of 1986, and the Transplantation of Human Organs Act of 1994.
Landmark Judgments on Human Trafficking
People’s Union for Democratic Rights Vs Union of India (1982) 3 SCC 235
While discussing the scope of Article 23 of the Indian Constitution, the Supreme Court stated in this Judgment that “the word force must therefore be constructed to include not only physical or legal force but also force arising from the compulsion of economic circumstances which leaves no choice of alternatives to a person in want and compels him to provide labor or service even through the remuneration received for it is less than the minimum wage.”
M C Mehta Vs State of Tamil Nadu (1996)
6 SCC 756
In this PIL, the Supreme Court outlined steps that should be implemented to assist child labor victims and their families. We are of the opinion that the offending employer should be asked to pay compensation of Rs. 20,000 for each child employed in contravention of the provisions of the Act; and the inspectors, whose appointments in envisaged by Section 17 to ensure compliance with the provisions of the Act, Should do this job, stated the Supreme Court.
The inspectors appointed under Section 17 would ensure that the employer pays Rs. 20,000 for each child worked in contravention of the Act’s requirements, which money would be put in a fund to be known as the Child Labor Rehabilitation – cum – welfare fund.
Even if the employer wishes to discharge the currently employed kid, his responsibility does not end there. It could be reasonable to establish such a fund on a district or region basis. The resulting fund will establish a corpus, the proceeds of which will be utilized only for the benefit of the kid in question. The quantum might be the interest gained in the corpus put in the name of the kid. Funds can be put in high – yielding schemes of any nationalized bank or other public agency to produce more revenue.
Bachpan Bachao Andolan Vs Union Of India (2011) SCC (5) 1
In this case, the solicitor general of India argued that each state government should select an official who is in charge of enforcing child – related legislation. It was decided that no kid will be robbed of his fundamental rights provided by the Indian Constitution, which would lead to child trafficking and maltreatment.
Human Trafficking is Global Business
According to the ILO study, commercial sexual exploitation accounted for two – thirds of the anticipated total of US $99 Billion, while forced economic exploitation, which included domestic labor, agricultural, and other economic activities accounted for US $51 Billion, resulting in total earning of US $150 Billion.
· Sexual exploitation accounts for 66 percent of human trafficking revenues, despite the fact that only 19 percent of victims are transported for sex. According to the organization for security and cooperation in Europe, the average yearly revenues made by each woman in forced sexual slavery ($100,000) are six times more than the average profits generated by each trafficking victim globally ($21,800). (OSCE)
· According to OSCE research, sexual exploitation may provide returns ranging from 100% to 1000% while enslaved laborers can generate more than 50% profit even in less profitable sectors (e.g., agricultural labor in India).
· Investigators in the Netherlands were able to assess the profit made by two sex traffickers from a large number of victims. According to the OSCE, one trafficker made $18,148 each month from four victims (for a total of $127,036), while a second trafficker earned $295,786 in the 14 months that three women were sexually exploited.
· Forced labor saves money but sexual exploitation makes money Chinese kitchen workers in Germany were paid $808 for a 78 – hour work week in one occasion. According to the OSCE, a cook was entitled to $2,558 for a 39 – hour work week under German law.
Individual traffickers, family networks, small enterprises, and wide spectrum of criminal group operate and perpetuate the modern slave trade. Human trafficking is a major social issue since it has been shows to sever familial ties, fuel organized crime, exacerbate public health issues such as HIV/AIDS, and undermine the credibility of law enforcement and government organizations.
Human trafficking has risen to become the world’s third largest criminal industry and is rapidly expanding. Unfortunately, the majority of trafficking happens through the exploitation of vulnerable communities. The bulk of victims of human trafficking are abducted from less developed parts of the globe (Africa, South and Southeast Asia, Central and South America) and moved to more ‘profitable’ parts of the world. Nonetheless, wealthier countries are also concerned about human trafficking. The United States, for example, is both a destination country for international trafficking and a supplier of its own national trafficking networks.
Human trafficking’s financial gains have skyrocketed in the twenty – first century. The international Labor Organization estimated the yearly earnings of the human trafficking sector to be around $44 billion in 2005. Only 9 years later, in 2014, had the figure climbed to approximately $150 billion every year. The injustice of human trafficking is clearly working as a vast worldwide enterprise that can no longer be overlooked.
All of the money or revenue earned by people trafficking, which amounts to $150 billion, is used to support terrorists, acquire weapons, smuggle, bribe or engage in a variety of other illicit crimes. The money obtained by human trafficking is black money, which cannot be traced. This money may be spent for anything and anyplace because there is no record of it. Human trafficking as a business may support a variety of other illicit acts, making it critical to put an end to human trafficking.
During this unfortunate pandemic, Indian police performed a critical role in avoiding child rights violations, unethical tactics, and violence.The establishment of a Centre for the Protection of Children's read more
During this unfortunate pandemic, Indian police performed a critical role in avoiding child rights violations, unethical tactics, and violence.
The establishment of a Centre for the Protection of Children's Rights is a significant victory for children in India. This statement occurred on the eve of the National Police Academy's 'Child protection during COVID-19' webinar, which was held on May 12, 2020, in conjunction with UNICEF.
Mr. Atul Karwal, IPS, Director, National Police Academy, announced the plan to establish a dedicated Centre for the Protection of Children's Rights, saying, "The police, in collaboration with the community, can act as a force multiplier to enhance the effectiveness with which they support children during COVID-19."
COVID-19 has wreaked havoc on the conditions in which children grow and develop. Disruptions to families, friendships, daily routines, and the broader community can have a detrimental effect on children's well-being, development, and safety.
Furthermore, efforts aimed at preventing and limit the spread of COVID-19 can put children at danger. Quarantine and isolation measures implemented at home, at facilities, and in zones can all have a detrimental influence on children and their families. There is also evidence that domestic violence is on the rise.
For example, during the last several weeks of the lockdown, CHILDLINE, a children's emergency helpline, recorded a 50% spike in calls from distressed youngsters. Families may also resort to negative coping techniques such as child labour or child marriage during COVID-19. The Minister of Women and Child Development of the Government of India recently revealed that CHILDLINE's actions had prevented 898 child weddings since the lockdown began.
During the COVID-19 pandemic, there is an increased risk of violence towards children.
The COVID-19 pandemic may have resulted in significant changes for many children and their families, not only as a result of the lockdown, restricted measures, social isolation, changing demographics, and a reduction in available health services, but also as a result of a sudden and possibly long-term increase in child poverty and family uncertainty. Through a cascading cascade of factors that might drive, trigger, or amplify potential stressors, the pandemic constitutes a crisis not only for our health and economy, but also for family well-being. There are few precedents for the circumstances caused by COVID-19, but we can build on previous work in crisis or emergency situations where scenarios of quickly escalating stress are followed by abrupt changes to earlier conditions.
Individual development consequences of disasters and mass violence can be defined in terms of the exposure dose or cumulative hazards that represent major threats or disturbances to individuals, families, or communities. Thus, the COVID-19 pandemic has been viewed as a multisystem cascading worldwide calamity that has significantly impacted the lives of children on many levels and for which our society were unprepared. Indeed, research on COVID-19 is beginning to indicate the harmful consequences of the lockdown and the limits imposed, as well as the effects of social pressures on family members, emphasising the need for long-term monitoring of children's and teenagers' mental health. Emerging data on both healthy parenting and child and adolescent mental health emphasises that the amount of the influence is dependent on vulnerability variables such as developmental age, past mental health disorders, educational and socioeconomic position, or being confined.
Through the prism of criminological theories, there is an increased likelihood of violence.
Criminological theories explore the various factors that contribute to family violence and child abuse, as well as why there is a higher likelihood of violence in critical situations. One of the frequent assumptions in the literature is the intergenerational transmission of violence, which is summed up in the phrase "violence begets violence": that childhood violence and/or neglect increases the likelihood of perpetrating violence later in life. Our understanding of intergenerational transmission of violence is still restricted due to the concept's complexities. Several theories, including social learning theories, social information processing theory, attachment theory, and social control theory, have attempted to explain the mechanisms involved.
An overemphasis on child maltreatment events, on the other hand, may turn out to be static or limited, or may even interpret subsequent outcomes as a direct result of the early exposures. Similarly, the impact of heredity on aggressive conduct may be mitigated by contextual factors. As a result, nature and nurture should be viewed not as distinct and separate variables in human behaviour, but as part of the same process in the violence done against children in times of crisis.
Through the lens of socio-ecological models, there is an increased likelihood of violence.
Socio-ecological explanations can provide a broad framework for understanding how the COVID-19 epidemic has affected social ecologies and altered interactions between people and their surroundings. Changes in this reciprocal interaction may yield new definitions for people's cognitions, emotions, behaviours, and the underlying mechanisms that underpin them. As a result, this mutual process reveals itself in changing physical, interpersonal, economic, and political contexts, as well as in human adaptation and modification of these environments. Given that child maltreatment is an interactive issue, the COVID-19 disaster has impacted children's ecological systems on multiple levels. It has created or exacerbated a number of risk factors for child abuse and neglect related to the child's and caregivers' traits, family dynamics, and the larger social and cultural context. As a result, we evaluate these hazards via the prism of Belsky's ecological integration model at each of its stages. We also include the transactional process within this model, which means that at each ecological level, the complex interaction of potentiating and compensating forces effects both children and their ecological systems. Ecological levels of analysis not only capture and systematise the numerous variables that contribute to child abuse, but they also allow for the incorporation of complementary approaches such as socio-cognitive approaches to parenting, which can aid in understanding how environmental changes influence the incidence of child abuse.
Increased oppositional behaviour and limit testing in children are expected at the micro system level. This behaviour may evoke harsh responses from parents, who may be experiencing parental burnout as a result of, or as a result of, the pandemic's implications. Children's concern and uncertainty about the epidemic may exacerbate their parents' anxiety. The COVID-19 pandemic may also exacerbate pre-existing mental health issues and lead to an increase in instances among children and adolescents, raising tensions in the household. According to a recent survey, more than one-fourth of parents reported poor mental health in their children since the start of the epidemic, one-seventh reported worsening behavioural health, and nearly one-tenth reported worsening in both. Children with special education needs are also at danger; the disturbance of their daily routines may cause them to become angry and irritable. Overall, stressed parents are more likely to respond aggressively or abusively to their children's nervous actions or demands. According to preliminary study, the scenario generated by the COVID-19 crisis is exceedingly demanding and stressful for parents, and it greatly raises their overall stress levels. Previous research has also found that a high-stress family setting is a strong predictor of child physical abuse and neglect.
Finally, in the COVID-19 environment, views toward children and their rights are a significant risk factor for violence. Even though research has proved that children are not the primary cause of the epidemic, they have been accused of being vectors of viral transmission in several countries, even by official leaders, and are regarded more contagious than asymptomatic adults. This may have resulted in some social rejection and a lack of empathy for the negative effects of house confinement for their development and well-being. In fact, while adult society is resuming normalcy, most countries' schools, kindergartens, and even playgrounds remain closed.
The police have a key role to play in such a case. Whether it is to assist children in distress, to ensure violence prevention in migrant camps and temporary shelters, to be watchful and sensitive to any reports of violations of children's rights, or to ensure children are directed to child protection agencies.
During COVID-19, UNICEF developed a guideline for police on their responsibility in safeguarding children from violence and exploitation. These are being adapted and implemented in a number of states.
The webinar commented on the COVID-19 specific problems posed by children and highlighted the importance of police as citizens' advocates, particularly for children. It also served as a forum for police officers from all over the country to discuss their experiences and lessons learned.
The long-term goal of the interactive knowledge session was to create a network/cohort of officers who were interested, informed, and skilled in child safety issues, hence creating a nationwide movement to protect children from violence and harm.
The police are one of UNICEF's most important partners in its work to protect children. In every circumstance involving children in distress, they are frequently the first to respond. As a result, their sensitivity to children and the manner in which they handle cases are crucial for a child's experience - and trust - in the justice system "In her speech to the webinar, Dr. Yasmin Ali Haque, UNICEF Representative in India, said
"In India, children account for 40% of the population. As UN Secretary General Antonio Guterres recently stated, children may not be the face of the COVID-19 Pandemic, but they are one of its most vulnerable victims.
"We are happy to cooperate with the National Police Academy to ensure that the effects of COVID-19 are reduced in the population and that children receive the protection they deserve from a duty bearer of such crucial importance as the police," Dr. Haque added.
The effectiveness of collaborative partnerships
UNICEF operates in 17 Indian states and has a close relationship and partnership with the police. UNICEF is providing technical assistance to state police in places such as Assam, Bihar, Chhattisgarh, Jharkhand, Tamil Nadu, and Uttar Pradesh on child friendly policing projects, which has resulted in child sensitive policing becoming a part of the culture in state police forces.
In Jharkhand, UNICEF and the police have collaborated to create a set of indicators and a committee that monitors and certifies police stations as child-friendly. These are not just infrastructure-related, but also refer to training and the procedures that police use when dealing with instances involving children.
Using the Nirbhaya money, UNICEF is assisting the Kolkata Police Department in planning and executing programmes to prevent violence against women and children in West Bengal.
In Odisha, UNICEF and the state police undertook a nationwide campaign to prevent child sexual abuse, demonstrating the critical role of the police in prevention and response.
Can a registered Will be challenged in the Indian Court? In India, the concept of Will has its deep-rooted origin for a very long time; its importance grows with the feeling of transferring family wealth read more
Motor Vehicle Act, 1988 nowhere define the term “Legal Representative”, however an application for compensation under section 166 of the MV act, 1988 may be made by the Legal Representative of the deceased. read more
Motor Vehicle Act, 1988 nowhere define the term “Legal Representative”, however an application for compensation under section 166 of the MV act, 1988 may be made by the Legal Representative of the deceased. MV act includes provision for who all can apply for compensation in the Motor Accident Claim Tribunal in case they get involve in a road accident. As per section 166 of MV act:
(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made—
a) by the person who has sustained the injury; or
b) by the owner of the property; or
c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased,
As per the section, a person can claim compensation in MACT if, they had sustained an injury in the accident or they are the owner of the property involved/damaged in the accident or they are the Legal Representative of the person who died in road accident or they have been duly authorized by the person who died in road accident. It is always a dispute before the Court in regard to section 166 (C) and (D), as nowhere in the entire act has described the term “Legal Representative”. So, can a married sister be legal representative? Can a brother who is living separately be a legal representative? Can a person be a legal representative who has lost someone in blood relation?
In several cases it has been argued that since the married sister, brother who is living separately or any such person in a blood relation were not dependent upon the deceased and thus cannot seek compensation. However the rule of dependency was also clarified in several cases, where the court ruled out that a person who was not dependent on the deceased can seek compensation.
In the matter of Gujarat State Road Transport Corporation, Ahmedabad v Ramanbhai Prabhatbhai and Anr ( 1987 3 SCC 234), the question involved in the case is whether a brother of a person who killed in a motor vehicle accident can claim compensation? The Apex court has given the answer in affirmative and held that
“The first set of cases are those which are referred to in paragraph 5 of the above decision which lay down that every claim application for compensation arising out of a fatal accident would be governed by the substantive provisions of sections 1A and 2 of the 1855 Act and no dependent of the deceased other than the wife, husband, parent or child would be entitled to commence an action for damages against the tort tensors. Amongst these cases are P.B. Kader and others v. Thatchamma and others, A.I.R. 1970 Kerala 241 and Dewan Hari Chand and others v. Municipal Corporation of Delhi and another, A.I.R. 1973 Delhi 67. The second group of cases are those referred to in paragraph 6 of the decision of the Gujarat High Court. They are Perumal v. Ellusamy Reddiar,  ACJ 182 (Mad) and the Vanguard Insurance Co. Ltd. v. Hanumantha Rao,  ACJ 344 (Andhra Pradesh). These cases lay down that while the compensation payable under section 1A of the Fatal Accidents Act, 1855 is restricted to the relatives of the deceased named therein the compensation payable under section 2 thereof may be awarded in favour of the representatives of the deceased who are entitled to succeed to the estate of the deceased. The third group of cases are those referred to in paragraph 7 of the judgment of the Gujarat High Court. They are Mohammed Habibullah and another v. K. Seethammal, A.I.R. 1967 Mad. 123; Veena Kumari Kohli v. Punjab Roadways,  ACJ 297 (Pb.) and Smt. Ishwar Devi Malik v. Union of India, A.I.R. 1969 Delhi 183 which take the view that a claim for compen- sation arising out of the use of a motor vehicle would be exclusively governed by the provisions of sections 110 to 110-F of the Act and bears no connection to claims under the 1855 Act and the Claims Tribunal need not follow the princi- ples laid down under the latter Act. Having considered all the three sets of decisions referred to above, Ahmadi, J. who wrote the judgment in Megjibhai Khimji Vira and another v. Chaturbhai Taljabhai and others (supra) came to the conclusion that an application made by the nephews of the deceased who died on account of a motor vehicle accident was clearly maintainable under section 110-A of the Act.”
In another case Gafaran and Ors v Tilakraj Kapur and Ors (2005 ACJ 1711), in this case two married sisters of the deceased were not awarded any compensation on the ground that they were not dependant on deceased, it was held that
“Under section 166 of the Motor Vehicles Act, where the death has resulted from the accident, the claim can be preferred by all or any of the legal representatives of the deceased. This provision does not speak of dependants or all such legal representatives being dependent on the deceased. Any legal representative of the deceased can prefer claim before the Tribunal irrespective of he being dependent or not dependent on the deceased.”
In the case New India Assuarance co. ltd v Ramya Raghavan and Anr. (2006 ACJ 2347), the petitioner was a married daughter of the deceased, the court awarded compensation and held that
“The petitioner is a named dependant under section 1-A of the Fatal Accidents act and entitled to seek compensation for loss of dependency and other permissible heads. The proof of actual dependency is not necessary in law. However, the legal representatives under section 2 of Fatal accidents Act, 1855, are entitled to seek compensation for loss to estate and they cannot seek general damages and loss of dependency. That apart, note 6 of Second schedule enables the legal heirs to seek compensation under section 163-A. The named dependants are entitled to seek compensation under section 163-A.”
In the case Manjuri Bera v Oriental Insurance company ltd and anr (2007 10 SCC 643), the question before the court was whether any compensation is payable where the claim filed by a legal representative of the deceased who was actually not dependent on him. The court answered the same in affirmative and held that
“As observed by this Court in Custodian of Branches of BANCO National Ultramarino v. Nalini Bai Naique the definition contained in Section 2(11) CPC is inclusive in character and its scope is wide, it is not confined to legal heirs only. Instead it stipulates that a person who may or may not be legal heir competent to inherit the property of the deceased can represent the estate of the deceased person. It includes heirs as well as persons who represent the estate even without title either as executors or administrators in possession of the estate of the deceased. All such persons would be covered by the expression 'legal representative'. As observed in Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai and Anr., a legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child.”
In the case Montford Brothers of St. Gabriel & Anr. V United India Insurance & anr. ( Civil appeal no. 3296-3270 of 2007), a charitable society claimed compensation for the death of a “Brother” of the society in a motor car accident. The apex court awarded the compensation to the society.
Thus from the above discussed landmark judgement, a married sister/daughter, a brother who is living separately or even a charity can seek compensation before the MACT.
Net Banking Frauds The customer obtained a loan of Rs. 20 lakhs from a Public Sector Undertaking Bank and thereafter the amount was fraudulently siphoned from his bank account through four RTGSs without read more
The customer obtained a loan of Rs. 20 lakhs from a Public Sector Undertaking Bank and thereafter the amount was fraudulently siphoned from his bank account through four RTGSs without any consent or permission or knowledge of the customer. He then and there agitated the matter before the Banking authorities and Cyber Police Station. But he did not get any relief. The bank on the contrary shrugged off the responsibilities upon the customer. The investigation team of cyber police station filed FRT, showing their inabilities to crack the case. One crucial point came up during this time and that is the OTPs of the fraudulent transactions went to the fraudster's mobile number instead of the customer's registered mobile number.
One application was filed against this cyber security breach on the part of the said bank before the Cyber Adjudicator established under section 46 of IT Act. After hearing both sides it was clear that the faults were on the part of the bank. Even the bank charged interest of more than Rs. 7 lakhs upon the customer for the said loan.
The cyber adjudicator ordered the bank to exonerate the customer from the liability of the loan of R.s 20 lakhs, order the bank to return the interest of more than Rs. 7 lakhs to the customer and Rs. 40 thousand as penalty.
The case is a glaring example of huge cyber security lapse on the part of the bank and it is not always right that all the faults are attributed to common man as per our common experience whenever people approach the bank after net banking frauds, the bank says that it is the customer's faults. It is not always right.
Be alert, be secured.