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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 preindependence 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 exofficio 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.
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
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
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
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
The Directorate of Indian Army Veterans (DIAV) will be divided into four departments. These are the following:
1. Policy and Outreach Section: This will be the lead section and will serve as the new directorate’s nerve center. The section, led by a director – level official, will be the primary point of contact for all veterans, widows, and wards. The portion is divided into three distinct desks. They are as follows
a. The Monitoring Station,
b. The Veterans Outreach Desk,
c. The Data Management and Web Portal Support Desk
The section is also in charge of running the Indian Army Veterans Web Portal as well as any other portals or connections that the organization may be asked to host in the future.
2. Pensions & Entitlement Section: This part will be the directorate’s backbone, responsible for all tasks relating to pensions and entitlements, such as sanction, disbursement, and associated legal redress and correction. To offer veterans, widows, and handicapped soldiers with the appropriate guidance and support, the section will maintain strong cooperation with the Manpower Planning and Personnel Services Directorate at AG Branch, as well as the Record Offices and PCDA (O) & PCDA (P). This unit will eventually take over the CPGRAMS tasks that are now performed by the Personnel Services Directorate at Army Headquarters. The section will also host the Manpower Planning Directorate’s databases on a shared basis in order to deliver real – time information on personnel records to the retired fraternity.
3. Benefits & Welfare Section: This unit is in charge of grievance handling for all services considered acceptable to a veteran after retirement, such as medical, education, housing, re – employment insurance, and so on. The section will keep in touch with and cooperate with the AWPO, AWHO, AWES, AGI and ECHS on any policy and delivery issues that affect the veteran community. This division will also be solely responsible for the creation and operation of the DIAV’s Veterans E – lobby.
4. Skilling and Transition Section: This branch is in charge of pushing the Indian Army’s Skilling effort, which is being carried out in partnership with the Ministry of Skill Development and Entrepreneurship through National Skill Development, in order to provide acceptable 2nd career alternatives for prospective retirees. Skill training is not being provided at all Regt. Centers by NSDC – accredited trainers. In 2017, DIAV assisted in the training of almost 20,000 futures retirees. Concurrently, NSDC – aligned course are being made accessible to army wives and wards at the numerous Army Skill Training Centers opening in various Cantts and mil stns, providing them with national accreditation get National Skill Qualification Framework (NSQF) certificates.
Veterans E – Lobby
The Veterans E – lobby is a one – of – a – kind facility that is currently being built at the DIAV. Once operational, it will provide a variety of advising services to veterans, windows, handicapped troops, and wards. The E – lobby is intended to offer the following services:
1. Banking Services: Banking advice and services pertaining to pensions. The SBI and PNB service centers have already been established, and they provide first – rate financial advice and amenities to the veteran community.
2. Disability Care & Support Services: At the E – lobby, a multi – brand facility has been constructed to demonstrate new items for wounded warriors. These now include Honda Motors and ALIMCO, both of which have been engaged in this industry. New partners are being sought to provide our veteran community with high – quality disability care and support goods.
3. NSDC Skilling Services: At the E – lobby, a Liaison Office supported by the National Skill Development Corporation (NSDC) is being constructed. This office will host Liaison Officers/Consultants from several NSDC Sector skill councils to advise institutions and people on potential possibilities for skill development, evaluation and certification.
4. Widow Care & Support Services: In due course a widows care and support office will be constructed in the E – lobby. This agency will give expert advice to windows and wards based on their specific requirements. On a functional level, this office will work with the AWWA.
5. Financial Advisory Services: In due time, the DIAV will also provide professional financial advising services at the E – lobby. The experts will provide veterans and widows with guidance on different financial products and possibilities in order to safeguard the profitability and security of any personal investments.
6. Miscellaneous Services: As a welfare measure for veterans, DIAV has also provided intra – cantonment transportation services. The DIAV van (8 – seater) picks up and put off veterans at predetermined sites across the cantonment, in line with established routes and timetables.
Since its inception five years ago, the veterans cell, now known as DIAV, has expanded its reach in a variety of ways. The data points below show the Veterans Cell’s accomplishments.
· Resolved 23,730 out of 30,484 grievances in various formats during fiscal year 2017 – 2018.
· Paid out Rs. 509.90 crores to 1,24,766 beneficiaries since inception, including Rs. 42.43 crores to 7,010 recipients in FY 2018 – 2018.
· Approximately 24 EXSM rallies across the nation received policy guidance and support.
· During the previous year, the Army Welfare Placement Organization (AWPO) and its nodes offered 12000 employments across the country.
· The Indian Army Veterans Portal, which was launched in June 2014, has had 15,14,372 hits as of January 15, 2018. Since its debut, the Portal has also received 5,90,410 registrations and processed around 5,100 complaints.
Future Projects and Programs
DIAV will always strive to live up to its slogan, ‘WE CARE & SUPPORT’. It is currently preparing to launch the following programs in 2018:
· Veterans Contacts Program
· Widows Care and Support Program
· Disabled Soldiers Care and Support Program
· Anomaly in Veterans Pensions & Resolution Program
Human trafficking is a big problem in India, despite the fact that it is illegal under Indian law. People are routinely trafficked illegally across India. Human trafficking is not only prohibited in India, read more
Human trafficking is a big problem in India, despite the fact that it is illegal under Indian law. People are routinely trafficked illegally across India. Human trafficking is not only prohibited in India, but it is also unlawful worldwide. Human trafficking is the world’s third largest criminal sector, after drug trafficking and arms traffic. It is also the world’s fastest expanding criminal activity. Human trafficking of people, usually for the purposes of slavery, forced labor or commercial sexual exploitation for the trafficker or others. This unethical commerce and exploitation of human beings in the twenty – first century shows a sad condition of events that proves that human trafficking is today’s greatest ethical concern.
It depicts a contrasting picture of in equality among equals in terms of each individual’s right to choose his or her own life, as trafficked victims are forced to sell their innate freedom and are subjected to forceful enslavement. Their cries for aid are lost in a sea of unremitting tyranny and widespread apathy that has persisted for decades.
Human Trafficking entails the forced removal of a person’s dignity and self – worth in order to exploit the weak. Millions of people are trafficked in India each year both locally and internationally. Human trafficking is thought to be the fastest – growing business in the twenty – first century. This crime has an unimaginable human cost and is one of the most heinous aspects of modern society. Women and Children, unsurprisingly, make up the bulk of human trafficking victims in poor nations, since they are the most disenfranchised members of society. For men, women, and children trafficked for forced labor and commercial sexual exploitation, India has become a source, destination and transit county.
The United Nations Office for Drugs and Crime (UNODC) States that
· 51% Victims of trafficking are women, 28% children and 21% men.
· 72% people who are exploited in this industry are women.
· 63% of traffickers are men and 37% are women.
· 43% of victims are trafficked to different countries.
Constitutional & Legislative provisions related to Human Trafficking
· Trafficking in Human Beings or Persons is prohibited by Article 23(1) of the Indian Constitution.
· The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the primary piece of legislation for preventing trafficking for commercial sexual exploitation.
· The Criminal Law (Amendment) Act of 2013 went into effect, replacing Section 370 of the Indian Penal Code with Section 370 and 370(A) of the IPC, which provide for comprehensive measures to combat the menace of Human trafficking, including trafficking of children for exploitation in any form, including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs.
· The Protection of Children from Sexual Offenses (POCSO) Act, 2012, which took effect on November 14, 2012, is a unique legislation designed to protect children from sexual abuse and exploitation. It defines several types of sexual abuse, such as penetrative and non – penetrative sexual assault, as well as sexual harassment.
· Other particular laws have been passed in relation to the trafficking of women and children. Apart from specific sections in the IPC, such as Section 372 and 373 dealing with the sale and purchase of girls for the purpose of prostitution, the Prohibition of Child Marriage Act, 2006, the bonded Labor System (Abolition) Act, 1976, the Child Labor (Prohibition and Regulation) Act, 1986, and the Transplantation of Human Organs Act, 1994.
· State Governments have also passed legislation to address the issue. (Example – The Punjab Prevention of Human Smuggling Act, 2012)
Laws against Human Trafficking in India
There are various laws that deal with various types of trafficking, which are listed below:
1. The Indian Penal Code of 1860 Human Trafficking is predominantly prosecuted in India under the Indian Penal Code, 1860.
The following are the key sections:
· Section 347 – Any person who unlawfully confines another person in order to extort money from them or force them to commit criminal conduct faces up to three years in jail and a fine.
· Section 357 – Anyone who uses assault or criminal force to illegally restrict a person will be imprisoned for up to one year or fined up to one thousand rupees.
· Section 363 – Anyone who kidnaps a person from India or from legitimate guardianship is subject to imprisonment for up to seven years and a fine.
· Section 365 – Whoever kidnaps or abducts a person with the aim to covertly and unlawfully detain him or her is punishable by imprisonment for up to seven years and a fine.
· Section 370 – This clause defines trafficking as ‘anyone who, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbors, (d) transfers, or (e) receives a person or individuals,’ by: First, threats are used, secondly by force or other forms of coercion are used, and thirdly by abduction or kidnapping, or fourth by committing fraud or deception, or fifth by abusing power, sixth by the act of trafficking is committed by enticement, including the providing or receiving of cash or advantages, in order to obtain the permission of any person having control over the person recruited, transported, harbored, transferred, or received.
· Section 506 – The penalty for criminal intimidation is imprisonment for up to two years, a fine or both.
· Section 354(A) - Any man who engages in the following acts:
i. Physical Contact and approaches involving unwanted and explicit sexual overtures.
ii. A demand or request for sexual favors.
iii. The display of pornography against the will of a woman.
Shall be imprisoned for a period of up to three years or fined or both.
· Section 376 – The penalty for rape is imprisonment for a term of not less than 10 years and up to life imprisonment, as well as a fine or both.
· Section 366 – Anyone who kidnaps, abducts, or compels a woman to marry is punishable by up to 10 years in jail and a fine.
· Section 366(A) – Procurement of a juvenile girl is punishable by imprisonment for up to 10 years in addition to a fine.
· Section 366(B) – Importation of a female (under the age of twenty – one years) from a foreign nation is punished by imprisonment for up to 10 years in addition to a fine.
· Section 370(4) – if the offenses include the trafficking of one juvenile, the punishment is imprisonment for not less than 10 years and up to life imprisonment, as well as a fine.
· Section 370(5) – If the offenses include the trafficking of more than one juvenile, the punishment must be imprisonment for not less than 10 years, with the possibility of life imprisonment, as well as a fine.
· Section 372 – Anyone who sells children for the purpose of prostitution or illicit intercourse with any person, or for any unlawful and immoral purpose, is subject to imprisonment for up to 10 years and a fine.
· Section 371 – Imports, exports, trafficking, purchasing, selling, and so on in slaves are punishable by life imprisonment or a period of imprisonment not exceeding 10 years, as well as a fine.
· Section 374 – Unlawful obligatory labor against the person’s will is punishable by imprisonment for up to a year, a fine or both.
Aiding Human Trafficking
· Section 368 – Anyone who illegally conceals or confines a kidnapped or abducted person must be punished in the same manner as the kidnapper or abductor himself, namely with imprisonment for up to 10 years and a fine.
· Section 370(A)(1) – Whoever employs a trafficked juvenile in any way for sexual exploitation shall be punished with imprisonment for a time not less than five years, but which may extend to seven years, and may also be liable to fine.
· Section 370(A)(2) – Whoever employs a trafficked person in any way for sexual exploitation shall be penalized with imprisonment for a time not less than three years, but not less than five years, and shall also be liable to fine.
· Section 373 – Anyone who buys juveniles for the purpose of prostitution is subject to imprisonment for a term of up to 10 years, as well as a fine.
Immoral Traffic (Prevention) Act, 1956
This Act deals with Human Trafficking for the purposes of Sexual Exploitation.
· Section 3 – The punishment for running a brothel is imprisonment for a duration of not less than one year and not more than three years, as well as a fine of up to two thousand rupees.
· Section 4 – The punishment for living on prostitution profits is imprisonment for a time of not less than one year and not more than three years, as well as a fine of up to thousand rupees. If a minor’s profits come from prostitution, the punishment is imprisonment for duration of not less than seven years and not more than 10 years.
· Section 5 – Procuring, inducing or taking a person for the purpose of their prostitution, with or without their consent, is punishable by imprisonment for term of not less than three years and not more than seven years, as well as a fine of up to two thousand rupees, and if committed against the will of any person, the punishment of imprisonment for a term of seven years is extended to imprisonment for a term of fourteen years.
· Section 6 – Detaining a person on premises where prostitution is practiced is punishable by imprisonment for a term not less than seven years, but which may be for life, or for a term that may extend to 10 years, as well as a fine.
Aside from the foregoing, this Act punishes offences such as seducing or soliciting for the purpose of prostitution, prostitution in or near public areas, and seduction of a person in custody.
3. The Constitution of India, 1949,
· Article 23 – Human Trafficking and forced labor are illegal and penalized by law.
· Article 24 – Stipulates that any kid under the age of fourteen must not engage in any dangerous occupation such as a factory or a mine.
4. The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 (Lapsed)
The goal of this law was to combat human trafficking, provide protection and rehabilitation to victims of human trafficking, and prosecute criminals. It was passed in the Lok Sabha on July 26th, 2018, and was scheduled for passage in the Rajya Sabha, but it expired.
Other specific legislation relating to trafficking in women and children has been enacted, such as the Prohibition of Child Marriage Act, 2006, the bonded Labor System (Abolition) Act of 1976, the Child Labor (Prohibition and Regulation) Act of 1986, and the Transplantation of Human Organs Act of 1994.
Landmark Judgments on Human Trafficking
People’s Union for Democratic Rights Vs Union of India (1982) 3 SCC 235
While discussing the scope of Article 23 of the Indian Constitution, the Supreme Court stated in this Judgment that “the word force must therefore be constructed to include not only physical or legal force but also force arising from the compulsion of economic circumstances which leaves no choice of alternatives to a person in want and compels him to provide labor or service even through the remuneration received for it is less than the minimum wage.”
M C Mehta Vs State of Tamil Nadu (1996)
6 SCC 756
In this PIL, the Supreme Court outlined steps that should be implemented to assist child labor victims and their families. We are of the opinion that the offending employer should be asked to pay compensation of Rs. 20,000 for each child employed in contravention of the provisions of the Act; and the inspectors, whose appointments in envisaged by Section 17 to ensure compliance with the provisions of the Act, Should do this job, stated the Supreme Court.
The inspectors appointed under Section 17 would ensure that the employer pays Rs. 20,000 for each child worked in contravention of the Act’s requirements, which money would be put in a fund to be known as the Child Labor Rehabilitation – cum – welfare fund.
Even if the employer wishes to discharge the currently employed kid, his responsibility does not end there. It could be reasonable to establish such a fund on a district or region basis. The resulting fund will establish a corpus, the proceeds of which will be utilized only for the benefit of the kid in question. The quantum might be the interest gained in the corpus put in the name of the kid. Funds can be put in high – yielding schemes of any nationalized bank or other public agency to produce more revenue.
Bachpan Bachao Andolan Vs Union Of India (2011) SCC (5) 1
In this case, the solicitor general of India argued that each state government should select an official who is in charge of enforcing child – related legislation. It was decided that no kid will be robbed of his fundamental rights provided by the Indian Constitution, which would lead to child trafficking and maltreatment.
Human Trafficking is Global Business
According to the ILO study, commercial sexual exploitation accounted for two – thirds of the anticipated total of US $99 Billion, while forced economic exploitation, which included domestic labor, agricultural, and other economic activities accounted for US $51 Billion, resulting in total earning of US $150 Billion.
· Sexual exploitation accounts for 66 percent of human trafficking revenues, despite the fact that only 19 percent of victims are transported for sex. According to the organization for security and cooperation in Europe, the average yearly revenues made by each woman in forced sexual slavery ($100,000) are six times more than the average profits generated by each trafficking victim globally ($21,800). (OSCE)
· According to OSCE research, sexual exploitation may provide returns ranging from 100% to 1000% while enslaved laborers can generate more than 50% profit even in less profitable sectors (e.g., agricultural labor in India).
· Investigators in the Netherlands were able to assess the profit made by two sex traffickers from a large number of victims. According to the OSCE, one trafficker made $18,148 each month from four victims (for a total of $127,036), while a second trafficker earned $295,786 in the 14 months that three women were sexually exploited.
· Forced labor saves money but sexual exploitation makes money Chinese kitchen workers in Germany were paid $808 for a 78 – hour work week in one occasion. According to the OSCE, a cook was entitled to $2,558 for a 39 – hour work week under German law.
Individual traffickers, family networks, small enterprises, and wide spectrum of criminal group operate and perpetuate the modern slave trade. Human trafficking is a major social issue since it has been shows to sever familial ties, fuel organized crime, exacerbate public health issues such as HIV/AIDS, and undermine the credibility of law enforcement and government organizations.
Human trafficking has risen to become the world’s third largest criminal industry and is rapidly expanding. Unfortunately, the majority of trafficking happens through the exploitation of vulnerable communities. The bulk of victims of human trafficking are abducted from less developed parts of the globe (Africa, South and Southeast Asia, Central and South America) and moved to more ‘profitable’ parts of the world. Nonetheless, wealthier countries are also concerned about human trafficking. The United States, for example, is both a destination country for international trafficking and a supplier of its own national trafficking networks.
Human trafficking’s financial gains have skyrocketed in the twenty – first century. The international Labor Organization estimated the yearly earnings of the human trafficking sector to be around $44 billion in 2005. Only 9 years later, in 2014, had the figure climbed to approximately $150 billion every year. The injustice of human trafficking is clearly working as a vast worldwide enterprise that can no longer be overlooked.
All of the money or revenue earned by people trafficking, which amounts to $150 billion, is used to support terrorists, acquire weapons, smuggle, bribe or engage in a variety of other illicit crimes. The money obtained by human trafficking is black money, which cannot be traced. This money may be spent for anything and anyplace because there is no record of it. Human trafficking as a business may support a variety of other illicit acts, making it critical to put an end to human trafficking.
During this unfortunate pandemic, Indian police performed a critical role in avoiding child rights violations, unethical tactics, and violence.The establishment of a Centre for the Protection of Children's read more
During this unfortunate pandemic, Indian police performed a critical role in avoiding child rights violations, unethical tactics, and violence.
The establishment of a Centre for the Protection of Children's Rights is a significant victory for children in India. This statement occurred on the eve of the National Police Academy's 'Child protection during COVID-19' webinar, which was held on May 12, 2020, in conjunction with UNICEF.
Mr. Atul Karwal, IPS, Director, National Police Academy, announced the plan to establish a dedicated Centre for the Protection of Children's Rights, saying, "The police, in collaboration with the community, can act as a force multiplier to enhance the effectiveness with which they support children during COVID-19."
COVID-19 has wreaked havoc on the conditions in which children grow and develop. Disruptions to families, friendships, daily routines, and the broader community can have a detrimental effect on children's well-being, development, and safety.
Furthermore, efforts aimed at preventing and limit the spread of COVID-19 can put children at danger. Quarantine and isolation measures implemented at home, at facilities, and in zones can all have a detrimental influence on children and their families. There is also evidence that domestic violence is on the rise.
For example, during the last several weeks of the lockdown, CHILDLINE, a children's emergency helpline, recorded a 50% spike in calls from distressed youngsters. Families may also resort to negative coping techniques such as child labour or child marriage during COVID-19. The Minister of Women and Child Development of the Government of India recently revealed that CHILDLINE's actions had prevented 898 child weddings since the lockdown began.
During the COVID-19 pandemic, there is an increased risk of violence towards children.
The COVID-19 pandemic may have resulted in significant changes for many children and their families, not only as a result of the lockdown, restricted measures, social isolation, changing demographics, and a reduction in available health services, but also as a result of a sudden and possibly long-term increase in child poverty and family uncertainty. Through a cascading cascade of factors that might drive, trigger, or amplify potential stressors, the pandemic constitutes a crisis not only for our health and economy, but also for family well-being. There are few precedents for the circumstances caused by COVID-19, but we can build on previous work in crisis or emergency situations where scenarios of quickly escalating stress are followed by abrupt changes to earlier conditions.
Individual development consequences of disasters and mass violence can be defined in terms of the exposure dose or cumulative hazards that represent major threats or disturbances to individuals, families, or communities. Thus, the COVID-19 pandemic has been viewed as a multisystem cascading worldwide calamity that has significantly impacted the lives of children on many levels and for which our society were unprepared. Indeed, research on COVID-19 is beginning to indicate the harmful consequences of the lockdown and the limits imposed, as well as the effects of social pressures on family members, emphasising the need for long-term monitoring of children's and teenagers' mental health. Emerging data on both healthy parenting and child and adolescent mental health emphasises that the amount of the influence is dependent on vulnerability variables such as developmental age, past mental health disorders, educational and socioeconomic position, or being confined.
Through the prism of criminological theories, there is an increased likelihood of violence.
Criminological theories explore the various factors that contribute to family violence and child abuse, as well as why there is a higher likelihood of violence in critical situations. One of the frequent assumptions in the literature is the intergenerational transmission of violence, which is summed up in the phrase "violence begets violence": that childhood violence and/or neglect increases the likelihood of perpetrating violence later in life. Our understanding of intergenerational transmission of violence is still restricted due to the concept's complexities. Several theories, including social learning theories, social information processing theory, attachment theory, and social control theory, have attempted to explain the mechanisms involved.
An overemphasis on child maltreatment events, on the other hand, may turn out to be static or limited, or may even interpret subsequent outcomes as a direct result of the early exposures. Similarly, the impact of heredity on aggressive conduct may be mitigated by contextual factors. As a result, nature and nurture should be viewed not as distinct and separate variables in human behaviour, but as part of the same process in the violence done against children in times of crisis.
Through the lens of socio-ecological models, there is an increased likelihood of violence.
Socio-ecological explanations can provide a broad framework for understanding how the COVID-19 epidemic has affected social ecologies and altered interactions between people and their surroundings. Changes in this reciprocal interaction may yield new definitions for people's cognitions, emotions, behaviours, and the underlying mechanisms that underpin them. As a result, this mutual process reveals itself in changing physical, interpersonal, economic, and political contexts, as well as in human adaptation and modification of these environments. Given that child maltreatment is an interactive issue, the COVID-19 disaster has impacted children's ecological systems on multiple levels. It has created or exacerbated a number of risk factors for child abuse and neglect related to the child's and caregivers' traits, family dynamics, and the larger social and cultural context. As a result, we evaluate these hazards via the prism of Belsky's ecological integration model at each of its stages. We also include the transactional process within this model, which means that at each ecological level, the complex interaction of potentiating and compensating forces effects both children and their ecological systems. Ecological levels of analysis not only capture and systematise the numerous variables that contribute to child abuse, but they also allow for the incorporation of complementary approaches such as socio-cognitive approaches to parenting, which can aid in understanding how environmental changes influence the incidence of child abuse.
Increased oppositional behaviour and limit testing in children are expected at the micro system level. This behaviour may evoke harsh responses from parents, who may be experiencing parental burnout as a result of, or as a result of, the pandemic's implications. Children's concern and uncertainty about the epidemic may exacerbate their parents' anxiety. The COVID-19 pandemic may also exacerbate pre-existing mental health issues and lead to an increase in instances among children and adolescents, raising tensions in the household. According to a recent survey, more than one-fourth of parents reported poor mental health in their children since the start of the epidemic, one-seventh reported worsening behavioural health, and nearly one-tenth reported worsening in both. Children with special education needs are also at danger; the disturbance of their daily routines may cause them to become angry and irritable. Overall, stressed parents are more likely to respond aggressively or abusively to their children's nervous actions or demands. According to preliminary study, the scenario generated by the COVID-19 crisis is exceedingly demanding and stressful for parents, and it greatly raises their overall stress levels. Previous research has also found that a high-stress family setting is a strong predictor of child physical abuse and neglect.
Finally, in the COVID-19 environment, views toward children and their rights are a significant risk factor for violence. Even though research has proved that children are not the primary cause of the epidemic, they have been accused of being vectors of viral transmission in several countries, even by official leaders, and are regarded more contagious than asymptomatic adults. This may have resulted in some social rejection and a lack of empathy for the negative effects of house confinement for their development and well-being. In fact, while adult society is resuming normalcy, most countries' schools, kindergartens, and even playgrounds remain closed.
The police have a key role to play in such a case. Whether it is to assist children in distress, to ensure violence prevention in migrant camps and temporary shelters, to be watchful and sensitive to any reports of violations of children's rights, or to ensure children are directed to child protection agencies.
During COVID-19, UNICEF developed a guideline for police on their responsibility in safeguarding children from violence and exploitation. These are being adapted and implemented in a number of states.
The webinar commented on the COVID-19 specific problems posed by children and highlighted the importance of police as citizens' advocates, particularly for children. It also served as a forum for police officers from all over the country to discuss their experiences and lessons learned.
The long-term goal of the interactive knowledge session was to create a network/cohort of officers who were interested, informed, and skilled in child safety issues, hence creating a nationwide movement to protect children from violence and harm.
The police are one of UNICEF's most important partners in its work to protect children. In every circumstance involving children in distress, they are frequently the first to respond. As a result, their sensitivity to children and the manner in which they handle cases are crucial for a child's experience - and trust - in the justice system "In her speech to the webinar, Dr. Yasmin Ali Haque, UNICEF Representative in India, said
"In India, children account for 40% of the population. As UN Secretary General Antonio Guterres recently stated, children may not be the face of the COVID-19 Pandemic, but they are one of its most vulnerable victims.
"We are happy to cooperate with the National Police Academy to ensure that the effects of COVID-19 are reduced in the population and that children receive the protection they deserve from a duty bearer of such crucial importance as the police," Dr. Haque added.
The effectiveness of collaborative partnerships
UNICEF operates in 17 Indian states and has a close relationship and partnership with the police. UNICEF is providing technical assistance to state police in places such as Assam, Bihar, Chhattisgarh, Jharkhand, Tamil Nadu, and Uttar Pradesh on child friendly policing projects, which has resulted in child sensitive policing becoming a part of the culture in state police forces.
In Jharkhand, UNICEF and the police have collaborated to create a set of indicators and a committee that monitors and certifies police stations as child-friendly. These are not just infrastructure-related, but also refer to training and the procedures that police use when dealing with instances involving children.
Using the Nirbhaya money, UNICEF is assisting the Kolkata Police Department in planning and executing programmes to prevent violence against women and children in West Bengal.
In Odisha, UNICEF and the state police undertook a nationwide campaign to prevent child sexual abuse, demonstrating the critical role of the police in prevention and response.
Can a registered Will be challenged in the Indian Court? In India, the concept of Will has its deep-rooted origin for a very long time; its importance grows with the feeling of transferring family wealth read more
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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.
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.
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 –
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
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.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
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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