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Every year on January 30, Martyrs' Day, also known as Shaheed Diwas, is observed across the country. The day commemorates Mahatma Gandhi's death anniversary.On this day, Indians remember the slain freedom read more
Every
year on January 30, Martyrs' Day, also known as Shaheed Diwas, is observed
across the country. The day commemorates Mahatma Gandhi's death anniversary.
On
this day, Indians remember the slain freedom fighters who gave their lives in
the fight for the country's independence. Across the country, various events
are being held to pay tribute to the fallen.
As
is customary, the Centre has directed all state governments and union
ministries to observe two minutes of silence at 11 a.m. on the day in honor of
martyred independence heroes.
This
year marks the 74th death anniversary of Mohandas Karamchand Gandhi, also known
as Mahatma Gandhi. The day is observed to commemorate Mahatma Gandhi's
contributions to India's independence struggle.
Bapu
led numerous freedom movements and was a staunch supporter of nonviolence. Nathuram
Godse assassinated The Father of the Nation during his evening prayers in the
Birla House in 1948. Godse blamed Gandhi Ji for the partition of India and
Pakistan, which resulted in the deaths of thousands of people.
On
Martyrs Day, the country's top leaders, including the President, Prime
Minister, and Defense Minister, gather at New Delhi's Rajghat to pay tribute to
Gandhi Ji. The service chiefs of the three armed forces join them in laying
floral wreaths at his memorial.
On
March 23, Martyrs' Day is also observed to pay tribute to freedom fighters
Bhagat Singh, Shivaram Rajguru, and Sukhdev Thapar. The British hung these
three brave revolutionaries on this day in 1931. In 1928, the trio was hanged
for assassinating British officer John Saunders. Their storey of sacrifice
became an inspiration to millions of Indians.
Every
year on January 30 and March 23, India commemorates two Martyr's Days or
Shaheed Diwas to honor the sacrifices made by Mahatma Gandhi, Bhagat Singh,
Rajguru, Sukhdev, and countless other brave Indian freedom fighters who fought
for India's independence, glory, and welfare. Martyr's Day is observed by India
and 15 other countries around the world to honor courageous champions.
Mahatma
Gandhi's contribution to the nation and its independence is well known. He was
a great freedom fighter who taught the lesson of nonviolence and worked to
restore the nation's unity, which had been shattered by the British. After
India's independence in 1947, Bapu stepped away from politics and began working
for people's harmony, peace, and brotherhood.
On
January 30, 1948, during evening prayers, the 'Father of the Nation' was
assassinated at Gandhi Smriti in the Birla House. On January 30, Mahatma Gandhi
was martyred, and the Government of India declared the day Shaheed Diwas, or
Martyrs' Day.
Gandhi
is the personification of nonviolence. Many world leaders look up to him as an
inspiration. Gandhi is revered by many people, including Martin Luther King
Jr., the leader of the African-American civil rights movement, Nelson Mandela,
the great leader of the South African people, the Dalai Lama, and Albert
Einstein.
Gandhi's
philosophy is founded on three tenets: nonviolence, the struggle for truth
(satyagraha), and individual and political liberty (swaraj). In his fight for
peace, he sought guidance from Buddha's and the Prophet Mohammed's teachings. Gandhi
believed that pure faith could bring people of different faiths together. "I
can see that even in the midst of death, life continues." Truth endures in
the face of untruth. Light survives in the midst of darkness. As a result, I
conclude that God is life, truth, and light.
Earlier
this year, the Central Government ordered that all state governments and union
ministries observe two minutes of silence on January 30 in honor of martyred
freedom fighters. Millions of Indians were inspired by the sacrifice of the
trio of heroes. As a result, March 23 was designated as Shaheed Diwas.
In
Mahatma Gandhi's memory, the 30th of January is celebrated as Shaheed Diwas or
Martyr's Day, and the 23rd of March is celebrated as Martyr's Day to remember
the sacrifice of three extraordinary freedom fighters of India. The British
hanged three heroes of our nation, Bhagat Singh, Shivaram Rajguru, and Sukhdev
Thapar, on March 23rd.
Without
a doubt, they also gave their lives for the welfare of our country, even if
they did not follow Mahatma Gandhi's path. They are a source of inspiration for
India's youth. They came forward at such a young age, and they fought bravely
for independence. To honor these three revolutionaries, Martyr's Day is
observed on March 23rd.
Mahatma
Gandhi was a pivotal figure in the Indian independence movement. His two most
important guiding principles were "Satya," or truth, and
"Ahimsa," or nonviolence. Gandhi secured the country's freedom with
these two principles and the assistance of several other freedom fighters such
as Vallabh Bhai Patel, Subhas Chandra Bose, Lala Lajpat Rai, and Jawaharlal
Nehru.
The term Panchayati Raj in India signifies the system of local self-government. It is entrusted with rural development. It was constitutionalized through the 73rd Constitutional Amendment Act of 1992. read more
The term Panchayati Raj in India signifies the system of local self-government. It is entrusted with rural development. It was constitutionalized through the 73rd Constitutional Amendment Act of 1992. The Panchayati system is not purely a post-independence concept. The dominant political institution in rural India has been the village panchayat for centuries. In ancient India, panchayats were usually elected councils with executive and judicial powers. Foreign domination, especially Mughal and British, and the natural and forced socio-economic changes had undermined the importance of the village panchayats. In the pre[1]independence period, however, the panchayats were instruments for the dominance of the upper castes over the rest of the village which furthered the divide based on either the socio-economic status or the caste hierarchy. The evolution of the Panchayati Raj System, however, after the attainment of independence after the drafting of the constitution. In Article 40 the Constitution of India it is stated that “The state shall take steps to organize village panchayats that endow them with such powers and authority as may be necessary to enable them to function as units of self-government.”
There were number of committees appointed by the government of India to study the implementation of self-government at the rural level and also recommend steps in achieving this goal. The committees appointed are- Balwant Rai Mehta Committee (1957)- Committee was set up for monitoring the work of the community development programme of 1952 and the National Extension Service of 1953 and also suggest steps to improvise their work. The committee recommended the establishment of democratic decentralization, which ultimately came to be known as Panchayati Raj. It also recommended three tier system at village, block and district level, Ashok Mehta Committee (1977)- Committee 2 submitted their recommendations included two tier system of panchayat, regular social audit, representation of political parties, regular elections, reservation to SCs/STs in panchayat, G V K Rao Committee (1985)- Committee first time recommended for the constitutional status of PRIs and L M Singhvi Committee (1986)- Nyay Panchayats should be established for a group of villages, enhancing the financial resources of Panchayats, separate judicial tribunal should be established in each state to adjudicate on the disputes regarding the elections and other aspects of panchayats. And then 73rd Constitutional Amendment Act, 1992 which is also considered as new system of Panchayati Raj. 73rd Constitution Amendment Bill was introduced in Lok Sabha in September, 1991. The bill was passed by Lok Sabha on 22nd December, 1992 and by Rajya Sabha on 23rd December, 1992. It received the Presidential assent on 20th April, 1992 and came into force on 24th April, 1993. The 73rd Constitutional Amendment made radical provisions in Article 243 to 243(o) in part IX of the constitution. The act also added Eleventh Schedule in the constitution, which contains 29 subjects assigned to panchayats. Specifically, Article 243(G) of the Constitution of India intended to empower the Gram Panchayats by enabling the State Government to devolve powers and authority in respect of all 29 subjects stated under Eleventh Schedule for local planning and implementation of schemes. For e.g. PRIs have been playing a significant role in implementation of Mahatma Gandhi National Rural Employment Guarantee, since its launch in 2006. MGNREGA one of the largest employments generating schemes which provides alternative employment to the people in rural areas through providing guaranteed employment of 100 days to each rural household. The programme has 261 permissible works out of which around 164 types of works are relating to agriculture and allied activities including water conservation. The thrust of government in creation of individual assets on water conservation and irrigation which would boost the agriculture sector. For dealing with situation arising from COVID-19 spread, the permissible works under MGNREGA had been enhanced to 262 numbers by adding unskilled 3 wage component of 230 person-days for construction of commonly sanitary complexes in convergence with Swachh Bharat Mission. PRIs are primarily responsible for planning, implementation and monitoring of the works that are undertaken.
PRIs were established as a three-tier structure based on direct elections at all three tiers. Which are- gram panchayat, panchayat samiti and zila parishad. Major function of PRIs includes preparing plans for economic development and social justice.
Gram Panchayat- Civic functions relating to sanitation, cleaning of public roads, public toilets, supply of drinking water, public wells, primary health care and education, etc. are the major functions of village panchayats. For e.g. Role of PRIs is to implement Jal Jeevan Mission, a flagship programme launched by the PM Shri Narendra Modi in 2019, aims to provide all rural household with tap water supply in adequate quantity and of prescribed quality by 2024. The amin aim is to provide functional household tap connections to every household of the country. During the current fiscal (2019-2020), Rs. 8050 crores have been made available to the states for implementation of JJM by the Central Government. The role gram panchayats have been to identify beneficiaries under the Pradhan Mantri Awas Yojana is also a flagship scheme of the government. The scheme provides assistance to BPL families who are either houseless or having inadequate housing facilities for constructing a safe and durable shelter.
Panchayat Samiti- It is a second tier of the Panchayati Raj is Panchayati Samiti. It bridges the link between Gram Panchayat and Zila Parishad. In Panchayat Samiti members are directly elected. Sarpanchs of Gram Panchayats are ex[1]officio members of Panchayati Samiti.
Zila Parishad- It is the uppermost tier of the PRIs. This institution has directly elected members. Chairpersons of panchayat samitis are ex-officio members of 4 zila parishad. Members of Parliaments, legislative assemblies and councils belonging to the districts are also nominated members of zila parishads. It also prepares district plans and integrates samiti plans for submission to the State Government. Another critical aspect of 73rd Constitutional Amendment was the insertion of a clause under Article 280 (3) (bb) of the constitution that the Union Finance Commission would recommend measures to supplementing the resources of the Panchayats in the state on the basis of the recommendation of Finance Commission of the state.
After getting Constitutional status in 1992, PRIs have played a vital role in the development of the villages. Constitutional recognition established a cemented base for PRIs.
MAYANK
(GGSIPU)
The Indian Constitution is the world's biggest constitution. The highest rule of law in India is the Constitution. The text establishes the foundation for the delineation of essential political codes, read more
The
Indian Constitution is the world's biggest constitution. The highest rule of
law in India is the Constitution. The text establishes the foundation for the
delineation of essential political codes, structure, processes, powers, and
responsibilities of government institutions, as well as fundamental rights,
rules, and citizens' obligations.
B.R.
Ambedkar, the head of the drafting committee, is widely recognized as the
principal architect. The Constitution states India to be a sovereign,
socialist, secular, democratic republic that seeks to foster brotherhood while
safeguarding justice, equality, and freedom for its inhabitants.
The
original 1950 Constitution is kept in helium-filled storage at the Parliament
House in New Delhi. The words 'secular' and 'socialist' were inserted to the
preamble during the Emergency in 1976. It was approved by the Indian
Constituent Assembly on November 26, 1949, and went into force on January 26,
1950.
Article
368 of the Indian constitution states that the government has the authority to
change the constitution. There are two kinds of amending procedures: rigid and
flexible. It is extremely difficult for the people to modify the constitution
under the inflexible system. The constitutions of the United States, Canada,
and Australia are then read. The Flexible process, on the other hand, is where
the constitution may be amended.
The
Indian Constitution is both stiff and flexible, meaning that it is difficult to
modify yet virtually adaptable. In accordance with Article 368 of the Indian
Constitution, a provision must be proposed in any of the houses and must later
be passed by a large majority or a simple majority. If the resolution is
approved by a vote, it will be delivered to the president for his signature. The
constitution has been revised 104 times in the 70 years since Indian
independence. It began with 395 articles and 8 schedules and has now grown to
over 450 articles and 12 schedules as a result of 104 changes.
Amendment of Indian Constitution
Article 368
The Indian Parliament has the
authority to change the Indian Constitution and its processes under Article 368
of the Indian Constitution. Amendments to the Indian Constitution are difficult
to draught and must be consistent with previous clauses. Article 368 empowers
Parliament to change the Constitution while maintaining its core structure. Article
368 of the Indian Constitution specifies two sorts of modifications to the
Indian Constitution. The first sort of change is by a simple legislative
majority (Lok Sabha and Rajya Sabha), the second by a special parliamentary
majority, and the third by a special majority and half of the whole state.
Reason for Amendment Procedure by
Article 368
Time is not static; it is always
changing. The Constitution should be amended. People's social, cultural, and
political circumstances are beginning to change. We would be unable to face
future challenges if constitutional amendments were not adopted, and this would
constitute a roadblock in the path of growth. There's a reason why our founding
fathers built the constitution as strong as it is today. Its purpose is to
guarantee that plans evolve in tandem with the country's progress. As a result,
under Article 368, Parliament's rights to alter the constitution are infinite
in terms of the portions of the constitution that it desires to amend.
The Indian Constitution’s
Fundamental Structure
The Supreme Court held in the Kesavanand Bharati case of 1973 that the
Parliament could not amend certain elements that comprise the core
constitutional structure. Constitutional ideas that are necessary for
constitutional existence examples include free and fair elections, the federal
nature of the country, judicial review, and power separation. It states that
the Constitution is built on some fundamental legislative frameworks and
founding ideals. Nobody can get their hands on these.
Major Amendments in the
Constitution
First Amendment, 1951
1.
The Constitution
(First Amendment) Act of 1951 gave the state the authority to establish
specific provisions to help the socially and economically disadvantaged
classes.
2.
Savings law that
allows for the acquisition of estates, for example.
3.
The Ninth
Schedule was added to insulate the land reforms and other measures included in
it from judicial scrutiny. Articles 31A and 31B were inserted following Article
31.
4.
Three new
grounds for regulating freedom of expression have been added: public order,
cordial relations with foreign nations, and incitement to an offence. It also
rendered the restrictions 'reasonable,' and hence, by definition, justifiable.
5.
Freedom of
expression, holding of Zamindari estate, State trade monopoly, and other issues
were raised in the lawsuits. These laws violate property rights, free
expression, and equality under the law.
The Constitution (7th
Amendment), 1956
1.
The schedules
for the second and seventh weeks have been altered.
2.
The present
state division into four divisions (i.e., Part A, Part B, Part C, and Part D
states) was repealed and reformed into 14 states and six federal territories.
3.
Union
territories were granted high court jurisdiction.
4.
It was provided
for two or more states to form a common high court.
5.
If extra and
acting High Court justices are appointed.
6.
Implementing the
recommendations of the State Reorganization Committee and the State
Reorganization Act of 1956. State linguistic re – organization. Class A, B, C,
and D have been phased out.
The Constitution (9th
Amendment Act), 1960
1.
Facilitated the
cession of the Berubari Union Indian territories (located in West Bengal) to
Pakistan, as stipulated in the Indo-Pakistan Agreement (1958). The
constitution's Schedule 1 was changed.
2.
Adjustments to
Indian Territory as a result of an agreement with Pakistan. Following this, the
Union submitted the subject to the Supreme Court, which decided that the
Parliament's authority to reduce the extent of a state (under Article 3) did
not encompass the cession of Indian territories to a foreign country. As a
result, Indian Territory may only be transferred to a foreign state by
modifying the Constitution in accordance with Article 368.
The Constitution (10th
Amendment Act), 1961
1.
As a result of
the purchase from Portugal, Dadra, Nagar, and Haveli were incorporated as Union
Territories.
2.
Article 240 of
the Constitution was changed.
The Constitution (11th
Amendment Act), 1961
1.
Changed the
mechanism for electing the Vice President by instituting an electoral college
rather than a combined parliamentary sitting of the two chambers.
2.
Provided,
however, that the election of the President or Vice President cannot be
disputed because of a vacancy in the relevant electoral college.
The Constitution (12th
Amendment Act), 1962
1.
The Indian Union
absorbed Goa, Daman, and Diu as Union Territories.
2.
Article 240 of
the Constitution was changed.
The Constitution (13th
Amendment Act), 1962
1.
Article 371A
provides for the formation of Nagaland State, with special protection.
2.
The
constitution's Article 170 was amended.
The Constitution (15th
Amendment Act), 1963
1.
Allows the High
Court to issue writs to any person or authority, even if the cause of action
falls beyond the jurisdiction of the court, if the cause of action arises
within its geographical borders.
2.
The retirement
age for high court judges has been raised from 60 to 62 years.
3.
As long as
retired high court judges are nominated to serve as acting judges on the same
court.
4.
The compensation
allowance for the transfer of judges from one High Court to another was
provided.
5.
Allowing the
retired High Court judge to serve as an ad hoc judge on the Supreme Court.
6.
The mechanism
for determining the age of Supreme Court and High Court justices was
established.
The Constitution (24th
Amendment Act), 1971
1.
Affirmed
Parliament's ability to modify every part of the Constitution, including
fundamental rights, by revising Articles 13 and 368.
2.
Made it
mandatory for the President to sign off on a Constitutional Amendment Bill.
3.
The
Twenty-fourth Constitutional Amendment Act was enacted in response to the
Supreme Court's Golaknath ruling (1967), which held that Parliament lacks the
ability to withdraw constitutional liberties by modifying the Constitution.
The Constitution (26th
Amendment Act), 1971
1.
The old rulers
of princely states' privy purses and privileges were abolished.
2.
Article 366 has
been amended. Article 363A was added, while Articles 291 and 362 were removed.
The Constitution (31st
Amendment Act), 1973
1.
The number of
Lok Sabha seats has been increased from 525 to 545.
2.
This was done as
a result of the country's growing population.
The Constitution (36th
Amendment Act), 1975
1.
Sikkim became
the 22nd state of Indian Union.
2.
The 10th
schedule was omitted.
The Constitution (37th
Amendment Act), 1975
1.
Parliament
passed it on April 26th, 1975, to make way for a legislative Assembly
and a Council of Ministers for Arunachal Pradesh, the North – westernmost Union
Territory of the country.
The Constitution (39th
Amendment Act), 1975
1.
The Lok Sabha
passed the Bill on August 7, 1975, and it received presidential assent on
August 9, 1975.
2.
The Act makes
the election of a Prime Minister or Speaker of Parliament, as well as the
election of the President and Vice-President, unassailable in court
3.
The Supreme
Court threw down Article 329A in the case of State of Uttar Pradesh v. Raj
Narain 1976 (2) SCR 347 for violating the basic structure.
The Constitution (40th
Amendment Act), 1976
1.
The Parliament
was given the authority to set the limits of the territorial seas, continental
shelf, Exclusive Economic Zone (EEZ), and India's maritime zones at any moment.
2.
The 9th Schedule
contains 64 additional Central and State laws, the most of which involve land
reform.
The Constitution (42nd
Amendment Act), 1976
Three
extra phrases (socialism, secularism, and integrity) were added to the
Preamble. Citizens have additional essential obligations (new part IV A). The
President was bound by the cabinet's advice. Tribunals with the exception of
administrative and other concerns (Added Part XIV A). Up to 2001, the Lok Sabha
and state legislatures were frozen on the basis of the 1971 census — Population
Management Mechanism. The constitutional amendments were adopted without
judicial scrutiny. The Supreme Court and other high courts had limited the
authority of judicial review and written jurisdiction. Increased the term of
the Lok Sabha and state legislatures from 5 years to 6 years.
The Constitution (43rd
Amendment Act), 1978
1.
This Act repeals
the heinous basic provisions law (42nd Amendment) passed under the Emergency. It
restores civil freedoms by repealing Article 31D, which granted Parliament the
authority to restrict even lawful trade union activities in the name of
anti-national activity prevention laws. The new legislation, which has been
ratified by more than half of the states in conformity with the Constitution,
also returns legislative powers to the states to establish suitable provisions
for anti-national acts that are consistent with basic rights. The legislation
also re-established the judiciary in its proper role.
2.
The Supreme
Court will now have the authority to overturn state legislation, which the 42nd
Amendment Act removes. The High Courts would now be allowed to decide the
statutory legality of Central Legislation compelling persons living in remote
places to obtain speedy justice without having to go to the Supreme Court.
The Constitution (44th
Amendment Act), 1978
1.
Concerning the
national emergency, the word 'internal disturbance' has been replaced by the
term 'armed rebellion.'
2.
Has required the
President to declare a national emergency only on the written proposal of the
cabinet.
3.
Has enacted
certain constitutional protections for a national emergency and the rule of
law.
4.
The right to
property was removed from the Fundamental Rights register and established a
legal right instead.
5.
Provided, however,
that the basic rights protected by Articles 20 and 21 cannot be suspended
during a national emergency.
6.
The original
tenure of the Lok Sabha and state legislatures (five years) has been
reinstated.
7.
Restored the
quorum norms in Parliament and state legislatures.
8.
The reference to
the British House of Commons was removed from the parliamentary privileges
clauses.
9.
The publication
of honest accounts of legislative trials and state assemblies in a periodical
was granted basic immunity.
10. The President was permitted to return the cabinet's
suggestions for reconsideration once. The reconsidered opinion, on the other
hand, will be binding on the President.
The Constitution (52nd
Amendment Act), 1985
1.
Provided
for disqualification on the ground of defection of parliamentary members and
state legislatures, and added a new Tenth Schedule containing the details in
this regard.
2.
The Act
made defection of another party unlawful after elections. Any member who
defects after elections to another party will be disqualified from being a
member of parliament or a legislature of the state.
The Constitution (58th
Amendment Act), 1987
1.
Provided for an authorized
text of the Constitution in Hindi and granted the Hindi version of the
Constitution the same legal legitimacy as the English version.
2.
This requires
particular arrangements for reserving seats for Scheduled Tribes in the states
of Arunachal Pradesh, Nagaland, Mizoram, and Meghalaya. The seating alteration
was put on hold until 2000 A.D. when Article 322 was amended.
The Constitution (61st
Amendment Act), 1989
1.
The voting age
for Lok Sabha and state legislative assembly elections has been reduced from 21
to 18 years.
2.
That was
characterized by then-Prime Minister Rajiv Gandhi as an indication of the
government's complete trust in the country's young. Because the kids are
educated and intelligent, decreasing the voting age will allow the nation's
unrepresented youth to express their emotions and maybe get involved in the
political process.
The Constitution (62nd
Amendment Act), 1989
1.
It asked for the
prolongation for another 10 years of reserve of seats in Parliament and state
legislatures for Scheduled Castes and Tribes, as well as reservation for
election for the Anglo Indian community.
The Constitution (65th
Amendment Act), 1990
1.
Article 338 of
the Constitution has been changed to create a National Commission for Scheduled
Castes and Scheduled Tribes comprised of a Chairperson, a Vice-Chairperson, and
five additional members nominated by warrant under the supervision and seal of
the Chairperson.
The Constitution (69th
Amendment Act), 1991
1.
The purpose of
the Act of Parliament was to grant Delhi statehood as the "Delhi National
Capital Territory." This also proposes for a 70-member assembly and a
7-member ministerial council in Delhi.
The Constitution (71st
Amendment Act), 1992
1.
The amendment
allows Nepali, Manipuri, and Konkani to be included to the Constitution's
Eighth Schedule. With the addition of these three languages, the number of
languages in the Eighth Schedule rises to 18.
The Constitution (73rd
Amendment Act), 1992
1.
The Parliament
enacted the Seventy-third Constitutional Amendment Act, 1992, on 22 December
1992, and it was notified by the Central Government via the Official Gazette on
20 April 1993, when it was rectified by the lawmakers of the State and authorized
by the President of India. The institutions of Panchayati Raj now have
constitutional legitimacy.
2.
Because of Part
VIII of the with the introduction of the responsibilities and duties of
Panchayati Raj Institutions in Article 243A and the new schedule known as the
Eleventh Schedule, a new section IX was introduced to the Constitution. The Act
establishes Gram Sabha, a three-tier Panchayati Raj model, and the reservation
of seats for SCs and STs in proportion to their population, as well as the
reservation of one-third of seats for women.
The Constitution (76th
Amendment Act), 1994
This
Amendment Act raises the reservation ceiling for government employment and
admission seats in educational institutions in Tamil Nadu to 69% in favor of
socially and educationally disadvantaged groups. Furthermore, the Amendment Act
was inserted in the Constitution's Ninth Schedule to insulate it from judicial
examination.
The Constitution (77th
Amendment Act), 1995
This
amendment inserted a new section (4-a) to Article 16 of the Constitution,
allowing the state to adopt any reservation measures in favor of SCs and STs in
promotions in government employment if it believes they are underrepresented in
state services. This was done to neutralize the effect of the Supreme Court's
decision in the Mandal Commission case (Indra Sawhney vs. Union of India), in
which the Court ruled that quotas on promotions are not permissible.
The Constitution (80th
Amendment Act), 2000
Based
on the suggestions of the Tenth Finance Committee, the Constitution (Eightieth
Amendment) Act of 2000 created an alternate plan for the division of taxes
between the Union and the Province. Under the existing income-sharing agreement
between the Union and the states, 26 percent of total Federal tax and duty
revenues are to be paid to the states in lieu of their current amount of income
tax, excise duty, special excise duties, and exemptions from taxes on rail
passenger fares.
The Constitution (81st
Amendment Act), 2000
The
unfilled vacancies of one year reserved for the Scheduled Castes and Scheduled
Tribes in accordance with the clause of Reservations made pursuant to Article
16 of the Constitution shall be regarded as a distinct class of vacancies to be
filled in every subsequent year or year, and these class of vacancies shall not
be counted in accordance with the vacancies of the year in which they were
filled to determine the limit of a quota of fifty pence.
The Constitution (84th
Amendment Act), 2001
The
Act amended Articles 82 and 170(3) of the Constitution to readjust and
rationalize the geographical constituencies of the States without changing the
number of seats allotted to each State in the House of People and Parliamentary
Assemblies of States, including Scheduled Castes and Scheduled Tribes
Constituencies, on a population-based basis determined in the 1991 census, in
order to close the gap created by unequal population/electoral growth in
different constituencies.
The Constitution (86th
Amendment Act), 2002
1.
To make the
right to free and compulsory education a basic right, the Act inserts a new
Article, Article 21A, which grants the right to free and compulsory education
to all children aged 6 to 14 years. Parts III, IV, and V of the Constitution
are amended by the law (A).
2.
One of the most
significant developments was that, with government assistance, the government
required private schools to take 25% of their class size from socially
vulnerable or underprivileged classes in society through a random allocation
method. This step was done in order to provide everyone with a high-quality
education.
The Constitution (88th
Amendment Act), 2003
Service
tax collected and appropriated by the Union and States, levied by the Union.
The Acts amends Articles 268, 270 and VII
schedule.
The Constitution (92nd
Amendment Act), 2003
The
amendment advocates the inclusion languages Bodo, Dogri, Maithili, and Santhali
into the constitution's VIIIth Schedule. With the addition of these four
languages, the number of languages in the VIIIth Schedule increases to 22.
The Constitution (95th
Amendment Act), 2010
The
amendment proposes to raise the quota of seats in the Lok Sabha and state
legislatures for SCs and STs from 60 to 70 years.
The Constitution (96th
Amendment Act), 2011
Replaced
Odia for Oriya in Indian Constitution 8th Schedule.
The Constitution (97th
Amendment Act), 2012
Article
19(l)(c) was amended to include the words "or cooperative societies"
after the term "or unions," as well as the addition of Article 43B,
Promotion of cooperative societies, and Part-IXB, Co-operative societies. The
amendment's goal is to foster cooperative economic activities that would help
rural India prosper. It is necessary not just to preserve cooperatives'
independence and democracy, but also to keep management accountable to members
and other stakeholders.
The Constitution (99th
Amendment Act), 2014
It
called for the setting up of the National judicial Commission.
The Constitution (100th
Amendment Act), 2015
Other
enclave areas are being exchanged with Bangladesh. Citizenship rights are being
conferred to enclave inhabitants as a result of the signing of the Treaty of
Land Boundary Agreement (LBA) between India and Bangladesh.
The Constitution (101st
Amendment Act), 2016
1.
With the
enactment and subsequent notices of the 101st Constitution Amendment Act, 2016,
the Goods and Services Tax (GST) went into effect on September 8, 2016.
2.
Articles 246A,
269A, and 279A were incorporated into the constitution. The amendment permitted
modifications to the 7th cycle of the constitution. Previously, Union List
entry 84 included duties on cigarettes, alcoholic beverages, marijuana, Indian
hemp, medicines and pharmaceuticals, and medical and bathroom arrangements.
Following the modification, petroleum oil, high-speed gasoline, engine spirit
(petrol), natural gas, and air turbine power, cigarettes, and cigarettes items
should be mentioned.
3.
Entry 92 has
been eliminated (newspapers and advertisements placed in them); they are now
subject to GST. Entry 92-C (Service Tax) has been removed from the union list. Entry
52 (in-state sales tax) has been deleted from the State register.
4.
According to the
provisions of List I Entry 92-A, Taxes on the export or purchase of products
other than newspapers, have now been supplemented by Taxes on the sale of
petroleum oil, high-speed gasoline, motor spirit (petroleum), natural gas,
aviation turbine fuel, and alcoholic spirit for human consumption, but not
including the sale or distribution in the form of inter-State commerce or
commerce Reference 55 (Taxes on Advertising).
The Constitution (102nd
Amendment Act), 2018
The
bill seeks to give the National Commission on Backward Classes legal standing.
It wants to establish a new Article 338B into the constitution that provides
for the NCBC, its mandate, composition, functions, and different offices.
Inserted a new Article 342-A authorizing the President to inform that
state/union territory's list of socially and educationally disadvantaged
classes.
The Constitution (103rd
Amendment Act), 2019
Articles
15 and 16 of the Constitution were amended. It provides for the advancement of
the economically disadvantaged segments of society. A considerable 10% of all
government posts and college seats will also have a quota for voters other than
the wealthy. This law is written with the intention of enforcing Article 46 of
the Indian Constitution, a Directive Principle that requires the government to
defend the educational and economic interests of the poorer parts of society.
The Constitution (104th
Amendment Act), 2020
This
increased seat quotas in the Lok Sabha for SCs and STs, as well as in state
legislatures.
Delayed Justice from Consumer Courts The Consumer Protection Act, 1986 was enacted to promote consumer welfare and protect the rights of the consumers, and in order to accomplish the same, the Consumer read more
"There is no more effective development instrument than women's empowerment," declared Kofi Annan.Since 2008, India has observed National Female Child Day on January 24th to enhance societal awareness read more
"There is
no more effective development instrument than women's empowerment,"
declared Kofi Annan.
Since
2008, India has observed National Female Child Day on January 24th to enhance
societal awareness and concern towards the girl child. The commemoration of
this day was initiated in order to provide greater assistance and new chances
to the country's females. Inequality concerning female children is a widespread
issue that encompasses a wide range of issues, including disparities in
education, nutrition, legal rights, medical treatment, protection, honor, child
marriage, domestic violence, sexual harassment in public places and the
workplace, and so on.
India
as a nation is primarily male dominated, and the desire for a son is
ubiquitous, affecting people from all socioeconomic backgrounds and regions of
the country. As a result, it is critical that governmental agencies,
non-governmental organizations, and civil society work together to alter this
attitude and actually make our society gender equitable and gender aware.
The
Ministry of Women and Children established National Girl Child Day in 2008 with
the goal of emphasizing the injustices that girls suffer at various levels in
our society. The goal of commemorating this day is to raise awareness about a
variety of issues, including the rights of a female child, the value of
education, adequate nutrition, and health.
The
day requires individuals to recognise the issues that restrict girls from
expressing their basic rights and to find methods to contribute as much as they
can to finding solutions. Even when girls were born, they were sent into the
crucible of child marriage. Since the country's independence, the Indian
government has worked to remove prejudice against daughters and sons, as well
as crimes against them.
The
Indian government has taken various initiatives over the years to better the
status of girls, including Save the Female Child, Beti Bachao Beti Padhao, free
or subsidised education for girl children, and reservations for women in
colleges and universities.
Every
year on January 24th, India observes National Girl Child Day. It was started in
2008 by the Ministry of Women and Child Development and the Indian government
to raise awareness about the injustices that girls face in Indian society. Girl
Child Day is observed every year on January 24th for a specific cause. Indira
Gandhi is the driving force behind this explanation.
Indira
Gandhi was sworn in as India's first female Prime Minister in 1966. The 24th of
January is a notable occasion in Indian history, encouraging women's
empowerment and gender equality.
The
goal of commemorating this day is to promote awareness about the rights of
girls. All individuals, including daughters, must be made aware of the
prejudice that the girl child faces in society. Every year on this day, state
governments across the country undertake awareness campaigns. Aside from
National Girl Child Day, October 11 is International Day of the Girl Child.
Amy
Tenny said, “The world needs strong
women. Women who will lift and build others, who will love and be loved. Women
who live bravely, both tender and fierce. Women of indomitable will”.
The
Punjab government declared January 2021 to be the "month of the girl
child." Dheeiyan Di Lohri is another scheme that has been launched. Though
the topic for National Girl Day has not yet been revealed, the theme for Girl
Child Day 2021 was "Digital Generation, Our Generation," and the
theme for Girl's Day in 2020 was "My voice, our collective future."
The
National Education Policy (NEP)-2020 includes a "Gender Inclusion
Fund" to promote the development of girls. The GOI will establish a
"Gender Inclusion Fund" to ensure that all girls get a high-quality,
fair education. The fund will priorities securing 100 percent enrolment of
girls in school and a record participation rate in higher education, closing
gender disparities at all levels, promoting gender equity and inclusion in
society, and improving girls' leadership ability via constructive civil
conversations.
States
will also be able to use the funds to promote and scale up effective
community-based programs that address local context-specific barriers to
females and transgender pupils.
NEP
2020 will focus on the safety and security of female students both on and off
campus. Before applying for yearly accreditation, schools must guarantee that
their campuses are free of harassment, discrimination, and domineering
behavior. This will boost the number of female students in the class.
The
initiative will identify societal norms and gender stereotypes that impede
females from pursuing an education and contribute to high dropout rates. The
Ministry of Education's (MoE) Department of School Education and Literacy is
undertaking Samagra Shiksha, an Integrated Scheme for School Education (ISSE)
with several interventions aimed at girls' education. One of the primary goals
of the Samagra Shiksha is to reduce gender and social class imbalances in
school education at all levels.
An
specific component of the Khelo India Scheme focuses on the hurdles that girls
and women encounter in participating in sports, as well as developing ways to
overcome these and enhance participation. Women's participation in the Khelo
India Games has increased by 161% between 2018 and 2020. The number of selected
female athletes funded by the Khelo India scheme has increased from 657 in 2018
to 1471 in 2019. (223 percent increase). In September 2018, 86 women athletes
were a part of the Target Olympic Podium Scheme (TOPS) programme, and presently
there are 190 of them (220 percent jump).\
The
Department of Science and Technology (DST) has developed the 'Knowledge
Involvement in Research Advancement through Nurturing (KIRAN)' Scheme to
empower women scientists and technicians with numerous employment prospects.
Its primary goal is to achieve gender parity in the science and technology
sectors by bringing more female talent into the research and development area
through various programs.
The
Program for Gender Advancement in Science and Technology Institutions, which
began in 2020, intends to create a Charter for Gender Equality in STEM with an
emphasis on bringing about transformative changes at the institutional level.
The project's goal is to construct a new ecosystem based on institutional
competences and to provide continuing mentoring assistance to help them
accomplish transformation.
The
Ministry of Skill Development is working to provide a favorable environment for
skilling women in India Nineteen of the 33 National Skill Training Institutes
(NSTIs) provide skill training solely for women. Craftsman Training Scheme has
sanctioned 3,400 seats in NSTIs, whereas Crafts Instructor Training Scheme has
sanctioned 2,225 seats (CITS).
“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
Characteristics:
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.
Support at
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.
Our Achievements
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:
General Provisions:
· 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.
Special Provisions
Sex Trafficking
· 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.
Forced Marriage
· Section 366 – Anyone who kidnaps, abducts, or compels a woman to marry is
punishable by up to 10 years in jail and a fine.
Minors
· 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.
Slavery
· 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.
2.
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
1.
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.”
2.
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.
3.
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
Bhavnagar, India
Delhi, India
Rogers, United States
Delhi, India
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S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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