The Concept of 'Burden of Proof'

The Indian Evidence Act does not define the term "burden of proof." However, in simple terms, the burden of proof refers to the legal requirement or responsibility of the parties to establish the facts that will assist the court in reaching a decision in their favour. Therefore, the duty to prove a fact in a lawsuit is known as the Burden of Proof. The requirements under the burden of proof are covered in Chapter VII of the Indian Evidence Act.

Under the Indian Evidence Act, 1872, sections 101 to 103 deal with the burden of proof in general, whereas sections 104 to 106 deal with the situation where the burden of proof is placed on a specific individual. The concepts of "Onus Probandi" and "Factum Probans" include the underlying principles of the burden of proof. Onus Probandi is a general rule that requires a person asserting the positive to prove it. A person who maintains an affirmative stance has the onus probandi. The onus probandi is on the party seeking to strengthen his case with a specific fact that he is said to be aware of.

Order 6, Rule 2 of the Civil Procedure Code, 1908,  states that the pleading shall only contain important facts that must be shown in a concise form Evidence is a relative term that refers to a connection between two facts: the fact in dispute (factum probandum), or statement to be proven, and the evidential fact (factum probans), or material corroborating the proposition. The former is inherently hypothetical; the latter is advanced as fact in order to persuade the court that the former is likewise true.

According to the fundamental premise of criminal law, the accused should be deemed innocent unless proven guilty beyond a reasonable doubt. The prosecution has the first burden of proving that the accused has committed a crime in a criminal proceeding.

In the case of the State of Rajasthan vs Sher Singh, 1994, it was held that it was unlawful to examine defence evidence before prosecution evidence in criminal proceedings.

In criminal trials, the prosecution bears the burden of proof. The prosecution must show beyond a reasonable doubt that the defendant is guilty until the prosecution proves otherwise. The court shall assume that the accused is innocent. It was held in the case of Md. Allmuddin v. State of Assam, 1992, that the defence version may even be false, nevertheless, the prosecution cannot derive any advantage from the falsity or other infirmities of the defence version, so long as it does not discharge its initial burden of proving the case beyond all reasonable doubt.

In Jarnail Singh v. the State of Punjab, AIR 1996, it was established that if the prosecution fails to produce sufficient evidence to meet their burden, they cannot rely on the evidence presented by the accused in support of their defence.

In criminal trials, the prosecution bears the duty of establishing the defendant's guilt, and they must do it beyond a reasonable doubt. The plaintiff has the burden of proving his case by a majority of the evidence in civil cases. If the prosecution fails to prove the accused's guilt beyond a reasonable doubt, the accused is entitled to an acquittal. This was determined in the case of Ouseph v. State of Kerela, which was decided in 2004.

The burden of proof is defined under Section 101 of the Indian Evidence Act:

Anyone who wants a court to rule on a legal right or responsibility based on facts he claims must first show that such facts exist. The second Section of the statute specifies that when a person is required to show the existence of a fact, that person shall also bear the burden of proof.

As a result, a person seeking a favourable decision from the court must provide evidence in support of his case, according to this clause. The usual rule is that the party that asserts a truth bears the burden of proof, not the side that denies it.

Section 102 of the Indian Evidence Act:

 Who bears the burden of proof — In a suit or procedure, the person who would fail if no evidence was presented on either side has the burden of proof.

Section 103 of the Indian Evidence Act states:

 "The burden of proof as to any specific fact is with the person who asks the court to believe in its existence unless any law provides that the burden of proof rests with any particular individual."

Section 104 of the Indian Evidence Act states that the burden of proof is on the person giving the evidence to prove the facts that must be shown in order for the evidence to be admissible.

When it comes to establishing facts in order to make evidence of another fact acceptable, the burden of proof falls on the individual who wishes to offer the evidence.

Section 105 of the Indian Evidence Act

When an accused is charged with criminal conduct, the burden of proof is placed on the accused to establish the circumstances that gave rise to the accusation under any general exceptions provided by the Indian Penal Code or any other particular legislation. Under this Section, the prosecution's duty is limited to establishing the accused's guilt; once that is established, the burden transfers to the accused, who has the advantage of relying on general exceptions to the IPC or Criminal Procedure Code. This is one of the unique traits that only applies in criminal proceedings. As a result, according to Section 105 of the Act, the onus of evidence is on the accused to know about every incident that has occurred. Additionally, this is referred to as the reverse onus clause.

Section 106 of the Indian Evidence Act

Section 106 advances the concept of a fair trial by making it easier to establish all conceivable facts and removing the burden of proving anything that is impossible and in the accused's favour. Additionally, it allows the accused to challenge the presumption of facts drawn from the sequence of events. However, it is observed that the prosecution exploits this clause and attempts to evade his responsibilities to establish the legal burden.

Presumptions are legal conclusions made by the court about the presence of particular facts. Presumptions are an exception to the usual rule that the party that asserts the existence of particular facts has the first burden of proof, but they eliminate this necessity. When certain facts are believed to exist, the party in whose favour they are presumed to exist is relieved of the burden of proof in that regard.

Documentary Evidence is subject to several presumptions. Presumptions may be divided into three types: factual presumptions, legal presumptions, and mixed presumptions. When a certified copy of an original document is presented to the court, the law presumes that the copy is a genuine copy of the original evidence, according to Section 79 of the Act. The court shall infer that a power of attorney issued before the court is by a real authorised person, according to Section 85 of the Act.

The presumption of innocence is a legal notion stating that everyone is presumed innocent unless proved guilty. Justice Thomas articulated the need of changing the perspective on this idea in the case of State of West Bengal v. Mohd. Omar (2002). According to him, the traditional approach of constantly placing the burden of evidence on the prosecution benefits only the accused of horrific crimes and creates fatalities for society. When a prosecutor successfully establishes specific facts of the case, the court must infer their existence and rely on such circumstances. In other words, after the court is satisfied with the prosecution's case, the burden of proof shifts to the accused since only the accused is aware of every occurrence committed.

As can be seen, the Evidence Act of 1872 is a well-codified statute that deals extensively with the issue of the burden of proof. The current innovations in electronic evidence and burden of proof, on the other hand, require additional clarity, particularly when it comes to judicial interpretation.

Many cases in our criminal justice system have not resulted in a successful conviction. The conventional approach of courts on the notion of presumption of innocence and the obligation to show mental aspect, according to experts, is to blame. As a result, it was determined that trends that violate any regulation must be reversed. However, it is critical to guarantee that these developments do not jeopardise the Judges' integrity and reputation as unbiased officials.

How to file a complaint in regards to violation of Cyber Laws

The idea of cybercrime has increased in scope as a result of the widespread use of the internet and its associated benefits. The Information Technology Act of 2000,[1] which was later updated to the IT Amendment Act of 2008, is the Indian legislation that deals with penalties linked to such offences.

Hacking has been increasingly popular in recent years, and cyber-crime in India is on the rise. Many government websites have been hacked and are vulnerable today. Cyberstalking, pornography, morphing, online harassment, libellous or unpleasant comments, trolling or bullying, blackmailing, threat or intimidation, e-mail spoofing, and impersonation are some of the most common and often reported types of cybercrime against women.

The Code of Criminal Procedure, 1973 governs the procedure for criminal proceedings, including how to file a criminal complaint or FIR against an accused person, as well as the procedure for criminal trial and disposition of a criminal case. Similarly, the Code of Civil Procedure, 1908 governs the procedure for civil cases, including how the plaintiff can begin the proceedings by submitting a plaint in civil court and how the defendant can respond to the plaintiff with a written declaration.

It also lays out the method for the full civil action as well as the resolution of the civil complaint. But the main question is as to how can a victim of cybercrime file a case against the perpetrator?

Simply put, cyber-crimes in India are wrongdoings or crimes committed via the use of technology. There is no particular definition of cyber-crime; however, it is a white-collar crime when any illicit or criminal conduct is carried out utilising a computer as the principal means of operation. Cybercrime is a wide phrase that refers to criminal activity that involves the use of computers or computer networks as a tool, a target, or a location for illegal activity. It encompasses anything from electronic theft to denial-of-service assaults. It is a broad word that encompasses crimes like phishing, credit card fraud, bank robbery, illegal downloading, industrial espionage, child pornography, child abduction through chat rooms, scams, cyber terrorism, virus production and dissemination, and spam, among others.

In India, there are cyber cell departments in practically every state established to deal with cyber concerns.

Since the number of reports of cyber-crime complaints, both online and offline, has risen dramatically in India, cyber cell departments and cyber police have recognised a variety of cyber-crimes.

 Many sorts of cyber offences have been established under India's cyber legislation. The six most common issues that one encounters and deals with are as follows:

1.      Cyber Stalking - After hacking, cyber-stalking is the most commonly reported cyber-crime online complaint or cyber-crime cell complaint. It is a crime of online harassment, which is mostly committed against women.

2.      Online Theft- When a criminal extorts money from a victim, they use the internet to gain access to the victim's personal bank account, credit card, debit card, and other sensitive information.

3.      Cyberbullying- Cyberbullying is when a person is harassed, defamed, intimidated, or harassed via the internet, mobile phones, or social media.

4.      Cyber Terrorism - Cyber terrorism occurs when a person is threatened with extortion or other forms of extortion.

5.      Hacking- In India, it is one of the most frequent kinds of cybercrime. When a person virtually hacks into another person's computer in order to get access to personal and sensitive information such as banking data, e-mail accounts, and so on. As more and more things become digital, the chance of being hacked rises.

6.      Phishing- Sending bogus messages or e-mails with a link to a certain webpage in order to trick victims into inadvertently entering personal information (such as contact information, bank account information, and passwords) or infecting victims' devices with hazardous viruses as soon as they click the link.

7.      Cyber terrorism and cyber extortion- Hacking into someone's computer and encrypting all of the data and files on it, then demanding a ransom to decode it.

8.      Child solicitation and abuse- When a youngster is approached over the internet to be used in the creation of child pornography

There has been the usage of technology, such as electronic devices (computers, computer networks, or mobile phones) and the internet, in the circumstances stated above (social media, e-commerce websites, fraudulent web pages and e-mails, etc.). Everything linked to computers, computer networks, computer equipment, software, the internet, e-mails, websites, data storage devices, and other electronic devices is referred to as "cyber" (mobile phones, ATM machines, etc.). As a result, a cybercrime is defined as a crime committed with or through the use of a computer, computer network, internet, or any other online service or electronic device.

Complaints about cybercrime can be filed with the cybercrime cells. The victim can file the complaint both online and offline, and he or she can select which method is most convenient for him or her. Because cybercrime falls under the purview of global jurisdiction, the victim does not need to file a complaint with the cybercrime cell in the city where he or she resides or where the crime was committed. Instead, the cybercrime complaint can be filed with any of the cybercrime cells established in India. Cybercrime cells have been formed in several Indian cities to make it easier for people to receive help in the event of an accident or harm caused by a cybercrime perpetrated against them.[2] These cells have also been raising awareness about cybercrime and the steps that may be taken to avoid being a victim. Cybercrime cells keep track of cybercrime reports and conduct investigations.

If the victim does not have access to any of the cybercrime cells, he or she can file a police report under Section 154 of the Code of Criminal Procedure at the local police station. If the cybercrime conducted against the victim is a punishable offence under the Indian Penal Code, the police officer is required to file an FIR. If the police officer refuses to submit the victim's report, the victim can file a formal complaint with the Judicial Magistrate in his or her district, who can then order the police officer to begin an investigation. The materials needed to file a cybercrime FIR vary depending on the type of cybercrime perpetrated against the victim (Social Media Crime, Cyber Bullying, and so on).

The online portal where a victim can file a cyber-crime complaint is https://cyber crime.gov.in/Accept.aspx[3], a Government of India initiative that caters to complaints pertaining to online Child Pornography (CP), Child Sexual Abuse Material (CSAM), or sexually explicit content such as Rape/Gang Rape (CP/RGR) content, as well as other cyber-crimes like social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes, The portal also allows users to make an anonymous complaint regarding Child Pornography (CP) or sexually graphic content like Rape/Gang Rape (RGR) content. To report a cyber-crime online, follow the procedures outlined below:

STEP 1: Go to   https://cybercrime.gov.in/

STEP 2: Click on 'Report other cyber crimes' on the menu.

STEP 3: Click on 'File a Complaint.

STEP 4: You can either report anonymously if you are a woman or child or click on "Report other Cyber Crimes."

STEP 5: Read the conditions and accept them.

STEP 6: Register your mobile number and fill in your name and State.

STEP 7: Fill in the relevant details about the offence.

Note: You can also report the offence anonymously. After reporting, you can track your report on the same website.

The continuous use of the internet, e-mail, social media, instant messaging, or other digital technologies to annoy, harass or threaten individuals is known as cyber stalking. There was no particular statute prohibiting it before to the February 2013 modification; currently it is covered under the Criminal Law Amendment Act of 2013, which added Section 354D to the Indian Penal Code, 1860, that defines what constitutes as "Stalking."

If a guy follows a woman and tries to contact her in order to develop a personal relationship, notwithstanding the lady's aversion to it, he is committed to stalking and can be prosecuted with it under Section 354(d). Stalking is also committed when a guy observes a woman's usage of the internet, e-mail, or any other kind of electronic communication.

The procedure for filing a complaint about Cyber Stalking is as follows:

1.      Submit a written complaint to the city's nearest cyber cell.

2.      Fill out an FIR form at your local police station. In the event that your complaint is not accepted, you can always take it to the municipal commissioner or court magistrate.

3.      You will be supplied with legal advice and support in order to help you file a case.

Cyberbullying is a form of bullying that occurs via the use of digital devices such as computers, laptops, smartphones, and tablets and results in humiliation. It also includes disseminating, transmitting, or spreading bad, rude, or misleading information about another person in order to humiliate them, a practice known as character assassination.

Most social media networks, such as Facebook, WhatsApp, Instagram, Twitter, and others, have explicit reporting and anti-bullying policies. These platforms may be able to assist you in getting the objectionable content removed. You may report the cybercrime on cybercrime.gov.in, following the steps mentioned above. Furthermore, if you are a woman or child that has been a victim of cyberbullying, you may report cyberbullying in India by sending a detailed complaint to complaint-mwcd@gov.in. You may also file a complaint with your local cyber cell.

If the cyber cell refuses to submit or accept your cyber complaint, you can make a direct complaint with the local Judicial Magistrate, noting that the complaint was not accepted under any/certain conditions.

The increase of cyber-crime has resulted in the most vulnerable members of society, namely women and children, being targeted. Cyberstalking, pornography, morphing, online harassment, trolling and bullying, threat and intimidation, and e-mail spoofing are the most common and often reported types of cyber-crimes against women. Cybercrime against children includes the distribution of paedophilic videos/messages, child pornography, and other forms of child pornography. The level of depravity has reached a point where rapes and child pornography are among the top searches for a porn site.

The procedure for filing a complaint online, i.e., the National Cyber Crime Reporting Portal, allows for the registration of cybercrime under two distinct categories: (1) Cybercrime against women and children; and (2) Other cybercrime. Additionally, it enables anonymous reporting of Child Pornography, Child Sexual Abuse Material, and Sexually Explicit Content (Rape/Gang Rape) by the victim/complainant. Additionally, the "Report and Track" option enables the complainant to monitor the progress of his or her complaint. The complainant is needed to provide information about the event that occurred, the suspect of the crime committed, and the complainant's identity (save for the "Report Anonymously" option). Additionally, the complainant receives a copy of the complaint that was submitted on the site. After a complaint is successfully registered, a PDF of the complaint is created and may be downloaded from the site. If the victim does not have access to the internet, they can file an FIR at their local police station.

With an estimated cost of Rs. 223.198 crores (approx.), the Ministry of Home Affairs launched the Cyber Crime Prevention against Women and Children (CCWC) scheme to effectively tackle cyber-crimes against women and children in the country and formulated-

1.      The unit for reporting cyber-crime online,

2.      Unit of Forensic Science,

3.      Unit for Capacity Building,

4.      Units of Research and Development and

5.      Unit for raising awareness.

Making a written complaint to the cybercrime cell has proven to be the most acceptable method of reporting the crime, as some individuals still cannot pay internet costs or lack the necessary information. A cybercrime victim can register a written complaint with the nearest cyber-crime cell or any other cyber-crime cell in India. The written complaint must be submitted to the Cybercrime Cell's Head and include the following details about the victim or the person filing the complaint: Name, phone number, and mailing address

The type of cybercrime perpetrated against the victim determines what further documents must be included in the complaint. It is required to include these documents in both offline and online complaints.

Cybercrime, which includes phishing, identity theft, and fraud, has risen dramatically in the last year. However, the present laws do not adequately or comprehensively address it. Consolidation of cybercrime infiltration is also anticipated. This highlights the need of developing more effective and deterrent regulatory frameworks and strict rules to combat cybercrime. The passage and implementation of the Personal Data Protection Bill, 2019, was a significant cyber law development in India for 2021. India has hitherto lacked a distinct data protection legislation. In December 2019, the government introduced the Personal Data Protection Bill 2019 in Parliament. By 2020, the aforementioned Bill would have been actively considered by a Joint Parliamentary Committee. Apart from enhancing proper protection for personal data, enacting the personal data privacy legislation would boost the Indian information technology ecosystem.

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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 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. The Panchayati system is not purely a post-independence concept. The dominant political institution in rural India has been the village panchayat for centuries. In ancient India, panchayats were usually elected councils with executive and judicial powers. Foreign domination, especially Mughal and British, and the natural and forced socio-economic changes had undermined the importance of the village panchayats. In the pre[1]independence period, however, the panchayats were instruments for the dominance of the upper castes over the rest of the village which furthered the divide based on either the socio-economic status or the caste hierarchy. The evolution of the Panchayati Raj System, however, after the attainment of independence after the drafting of the constitution. In Article 40 the Constitution of India it is stated that “The state shall take steps to organize village panchayats that endow them with such powers and authority as may be necessary to enable them to function as units of self-government.”

 There were number of committees appointed by the government of India to study the implementation of self-government at the rural level and also recommend steps in achieving this goal. The committees appointed are- Balwant Rai Mehta Committee (1957)- Committee was set up for monitoring the work of the community development programme of 1952 and the National Extension Service of 1953 and also suggest steps to improvise their work. The committee recommended the establishment of democratic decentralization, which ultimately came to be known as Panchayati Raj. It also recommended three tier system at village, block and district level, Ashok Mehta Committee (1977)- Committee 2 submitted their recommendations included two tier system of panchayat, regular social audit, representation of political parties, regular elections, reservation to SCs/STs in panchayat, G V K Rao Committee (1985)- Committee first time recommended for the constitutional status of PRIs and L M Singhvi Committee (1986)- Nyay Panchayats should be established for a group of villages, enhancing the financial resources of Panchayats, separate judicial tribunal should be established in each state to adjudicate on the disputes regarding the elections and other aspects of panchayats. And then 73rd Constitutional Amendment Act, 1992 which is also considered as new system of Panchayati Raj. 73rd Constitution Amendment Bill was introduced in Lok Sabha in September, 1991. The bill was passed by Lok Sabha on 22nd December, 1992 and by Rajya Sabha on 23rd December, 1992. It received the Presidential assent on 20th April, 1992 and came into force on 24th April, 1993. The 73rd Constitutional Amendment made radical provisions in Article 243 to 243(o) in part IX of the constitution. The act also added Eleventh Schedule in the constitution, which contains 29 subjects assigned to panchayats. Specifically, Article 243(G) of the Constitution of India intended to empower the Gram Panchayats by enabling the State Government to devolve powers and authority in respect of all 29 subjects stated under Eleventh Schedule for local planning and implementation of schemes. For e.g. PRIs have been playing a significant role in implementation of Mahatma Gandhi National Rural Employment Guarantee, since its launch in 2006. MGNREGA one of the largest employments generating schemes which provides alternative employment to the people in rural areas through providing guaranteed employment of 100 days to each rural household. The programme has 261 permissible works out of which around 164 types of works are relating to agriculture and allied activities including water conservation. The thrust of government in creation of individual assets on water conservation and irrigation which would boost the agriculture sector. For dealing with situation arising from COVID-19 spread, the permissible works under MGNREGA had been enhanced to 262 numbers by adding unskilled 3 wage component of 230 person-days for construction of commonly sanitary complexes in convergence with Swachh Bharat Mission. PRIs are primarily responsible for planning, implementation and monitoring of the works that are undertaken.

PRIs were established as a three-tier structure based on direct elections at all three tiers. Which are- gram panchayat, panchayat samiti and zila parishad. Major function of PRIs includes preparing plans for economic development and social justice.

Gram Panchayat- Civic functions relating to sanitation, cleaning of public roads, public toilets, supply of drinking water, public wells, primary health care and education, etc. are the major functions of village panchayats. For e.g. Role of PRIs is to implement Jal Jeevan Mission, a flagship programme launched by the PM Shri Narendra Modi in 2019, aims to provide all rural household with tap water supply in adequate quantity and of prescribed quality by 2024. The amin aim is to provide functional household tap connections to every household of the country. During the current fiscal (2019-2020), Rs. 8050 crores have been made available to the states for implementation of JJM by the Central Government. The role gram panchayats have been to identify beneficiaries under the Pradhan Mantri Awas Yojana is also a flagship scheme of the government. The scheme provides assistance to BPL families who are either houseless or having inadequate housing facilities for constructing a safe and durable shelter.

Panchayat Samiti- It is a second tier of the Panchayati Raj is Panchayati Samiti. It bridges the link between Gram Panchayat and Zila Parishad. In Panchayat Samiti members are directly elected. Sarpanchs of Gram Panchayats are ex[1]officio members of Panchayati Samiti.

Zila Parishad- It is the uppermost tier of the PRIs. This institution has directly elected members. Chairpersons of panchayat samitis are ex-officio members of 4 zila parishad. Members of Parliaments, legislative assemblies and councils belonging to the districts are also nominated members of zila parishads. It also prepares district plans and integrates samiti plans for submission to the State Government. Another critical aspect of 73rd Constitutional Amendment was the insertion of a clause under Article 280 (3) (bb) of the constitution that the Union Finance Commission would recommend measures to supplementing the resources of the Panchayats in the state on the basis of the recommendation of Finance Commission of the state.

After getting Constitutional status in 1992, PRIs have played a vital role in the development of the villages. Constitutional recognition established a cemented base for PRIs.

MAYANK

(GGSIPU)

The Indian Constitution is the world's biggest constitution. The highest rule of law in India is the Constitution. The text establishes the foundation for the delineation of essential political codes, structure, processes, powers, and responsibilities of government institutions, as well as fundamental rights, rules, and citizens' obligations.

B.R. Ambedkar, the head of the drafting committee, is widely recognized as the principal architect. The Constitution states India to be a sovereign, socialist, secular, democratic republic that seeks to foster brotherhood while safeguarding justice, equality, and freedom for its inhabitants.

The original 1950 Constitution is kept in helium-filled storage at the Parliament House in New Delhi. The words 'secular' and 'socialist' were inserted to the preamble during the Emergency in 1976. It was approved by the Indian Constituent Assembly on November 26, 1949, and went into force on January 26, 1950.

Article 368 of the Indian constitution states that the government has the authority to change the constitution. There are two kinds of amending procedures: rigid and flexible. It is extremely difficult for the people to modify the constitution under the inflexible system. The constitutions of the United States, Canada, and Australia are then read. The Flexible process, on the other hand, is where the constitution may be amended.

The Indian Constitution is both stiff and flexible, meaning that it is difficult to modify yet virtually adaptable. In accordance with Article 368 of the Indian Constitution, a provision must be proposed in any of the houses and must later be passed by a large majority or a simple majority. If the resolution is approved by a vote, it will be delivered to the president for his signature. The constitution has been revised 104 times in the 70 years since Indian independence. It began with 395 articles and 8 schedules and has now grown to over 450 articles and 12 schedules as a result of 104 changes.

Amendment of Indian Constitution Article 368
The Indian Parliament has the authority to change the Indian Constitution and its processes under Article 368 of the Indian Constitution. Amendments to the Indian Constitution are difficult to draught and must be consistent with previous clauses. Article 368 empowers Parliament to change the Constitution while maintaining its core structure. Article 368 of the Indian Constitution specifies two sorts of modifications to the Indian Constitution. The first sort of change is by a simple legislative majority (Lok Sabha and Rajya Sabha), the second by a special parliamentary majority, and the third by a special majority and half of the whole state.

Reason for Amendment Procedure by Article 368
Time is not static; it is always changing. The Constitution should be amended. People's social, cultural, and political circumstances are beginning to change. We would be unable to face future challenges if constitutional amendments were not adopted, and this would constitute a roadblock in the path of growth. There's a reason why our founding fathers built the constitution as strong as it is today. Its purpose is to guarantee that plans evolve in tandem with the country's progress. As a result, under Article 368, Parliament's rights to alter the constitution are infinite in terms of the portions of the constitution that it desires to amend.

The Indian Constitution’s Fundamental Structure
The Supreme Court held in the Kesavanand Bharati case of 1973 that the Parliament could not amend certain elements that comprise the core constitutional structure. Constitutional ideas that are necessary for constitutional existence examples include free and fair elections, the federal nature of the country, judicial review, and power separation. It states that the Constitution is built on some fundamental legislative frameworks and founding ideals. Nobody can get their hands on these.

Major Amendments in the Constitution

First Amendment, 1951

1.     The Constitution (First Amendment) Act of 1951 gave the state the authority to establish specific provisions to help the socially and economically disadvantaged classes.

2.     Savings law that allows for the acquisition of estates, for example.

3.     The Ninth Schedule was added to insulate the land reforms and other measures included in it from judicial scrutiny. Articles 31A and 31B were inserted following Article 31.

4.     Three new grounds for regulating freedom of expression have been added: public order, cordial relations with foreign nations, and incitement to an offence. It also rendered the restrictions 'reasonable,' and hence, by definition, justifiable.

5.     Freedom of expression, holding of Zamindari estate, State trade monopoly, and other issues were raised in the lawsuits. These laws violate property rights, free expression, and equality under the law.

The Constitution (7^th 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 (9^th 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 (10^th 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 (11^th 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 (12^th 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 (13^th 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 (15^th 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 (24^th 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 (26^th 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 (31^st 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 (36^th Amendment Act), 1975

1.     Sikkim became the 22^nd state of Indian Union.

2.     The 10^th schedule was omitted.

The Constitution (37^th Amendment Act), 1975

1.     Parliament passed it on April 26^th, 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 (39^th 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 (40^th 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 (42^nd 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 (43^rd 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 (44^th 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 (52^nd 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 (58^th 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 (61^st 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 (62^nd 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 (65^th 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 (69^th 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 (71^st 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 (73^rd 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 (76^th 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 (77^th 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 (80^th 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 (81^st 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 (84^th 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 (86^th 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 (88^th 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 (92^nd 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 (95^th 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 (96^th Amendment Act), 2011

Replaced Odia for Oriya in Indian Constitution 8^th Schedule.

The Constitution (97^th 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 (99^th Amendment Act), 2014

It called for the setting up of the National judicial Commission.

The Constitution (100^th 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 (101^st 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 (102^nd 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 (103^rd 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 (104^th Amendment Act), 2020

This increased seat quotas in the Lok Sabha for SCs and STs, as well as in state legislatures.

"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 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 topics other than traditional pension and welfare concerns. It interacts not just with the AG Branch’s line directors and welfare societies, but also with other directorates state governments, skilling agencies, and placement partners across the country. These expanded responsibilities necessitated the transformation of the Army veterans cell into the Directorate of Indian Army Veterans (DIAV) under the AG Branch. It now reports directly to the Adjutant general, giving the administration of veteran issues in the Indian Army the respect it deserves.

DIAV’s Structure and Key Characteristics:
The Directorate of Indian Army Veterans (DIAV) will be divided into four departments. These are the following:

1.     Policy and Outreach Section: This will be the lead section and will serve as the new directorate’s nerve center. The section, led by a director – level official, will be the primary point of contact for all veterans, widows, and wards. The portion is divided into three distinct desks. They are as follows

a.     The Monitoring Station,

b.     The Veterans Outreach Desk,

c.     The Data Management and Web Portal Support Desk

The section is also in charge of running the Indian Army Veterans Web Portal as well as any other portals or connections that the organization may be asked to host in the future.

2.     Pensions & Entitlement Section: This part will be the directorate’s backbone, responsible for all tasks relating to pensions and entitlements, such as sanction, disbursement, and associated legal redress and correction. To offer veterans, widows, and handicapped soldiers with the appropriate guidance and support, the section will maintain strong cooperation with the Manpower Planning and Personnel Services Directorate at AG Branch, as well as the Record Offices and PCDA (O) & PCDA (P). This unit will eventually take over the CPGRAMS tasks that are now performed by the Personnel Services Directorate at Army Headquarters. The section will also host the Manpower Planning Directorate’s databases on a shared basis in order to deliver real – time information on personnel records to the retired fraternity.

3.     Benefits & Welfare Section: This unit is in charge of grievance handling for all services considered acceptable to a veteran after retirement, such as medical, education, housing, re – employment insurance, and so on. The section will keep in touch with and cooperate with the AWPO, AWHO, AWES, AGI and ECHS on any policy and delivery issues that affect the veteran community. This division will also be solely responsible for the creation and operation of the DIAV’s Veterans E – lobby.

4.     Skilling and Transition Section: This branch is in charge of pushing the Indian Army’s Skilling effort, which is being carried out in partnership with the Ministry of Skill Development and Entrepreneurship through National Skill Development, in order to provide acceptable 2^nd career alternatives for prospective retirees. Skill training is not being provided at all Regt. Centers by NSDC – accredited trainers. In 2017, DIAV assisted in the training of almost 20,000 futures retirees. Concurrently, NSDC – aligned course are being made accessible to army wives and wards at the numerous Army Skill Training Centers opening in various Cantts and mil stns, providing them with national accreditation get National Skill Qualification Framework (NSQF) certificates.

Support at Veterans E – Lobby
The Veterans E – lobby is a one – of – a – kind facility that is currently being built at the DIAV. Once operational, it will provide a variety of advising services to veterans, windows, handicapped troops, and wards. The E – lobby is intended to offer the following services:

1.     Banking Services: Banking advice and services pertaining to pensions. The SBI and PNB service centers have already been established, and they provide first – rate financial advice and amenities to the veteran community.

2.     Disability Care & Support Services: At the E – lobby, a multi – brand facility has been constructed to demonstrate new items for wounded warriors. These now include Honda Motors and ALIMCO, both of which have been engaged in this industry. New partners are being sought to provide our veteran community with high – quality disability care and support goods.

3.     NSDC Skilling Services: At the E – lobby, a Liaison Office supported by the National Skill Development Corporation (NSDC) is being constructed. This office will host Liaison Officers/Consultants from several NSDC Sector skill councils to advise institutions and people on potential possibilities for skill development, evaluation and certification.

4.     Widow Care & Support Services: In due course a widows care and support office will be constructed in the E – lobby. This agency will give expert advice to windows and wards based on their specific requirements. On a functional level, this office will work with the AWWA.

5.     Financial Advisory Services: In due time, the DIAV will also provide professional financial advising services at the E – lobby. The experts will provide veterans and widows with guidance on different financial products and possibilities in order to safeguard the profitability and security of any personal investments.

6.     Miscellaneous Services: As a welfare measure for veterans, DIAV has also provided intra – cantonment transportation services. The DIAV van (8 – seater) picks up and put off veterans at predetermined sites across the cantonment, in line with established routes and timetables.

Our Achievements
Since its inception five years ago, the veterans cell, now known as DIAV, has expanded its reach in a variety of ways. The data points below show the Veterans Cell’s accomplishments.

·      Resolved 23,730 out of 30,484 grievances in various formats during fiscal year 2017 – 2018.

·      Paid out Rs. 509.90 crores to 1,24,766 beneficiaries since inception, including Rs. 42.43 crores to 7,010 recipients in FY 2018 – 2018.

·      Approximately 24 EXSM rallies across the nation received policy guidance and support.

·      During the previous year, the Army Welfare Placement Organization (AWPO) and its nodes offered 12000 employments across the country.

·      The Indian Army Veterans Portal, which was launched in June 2014, has had 15,14,372 hits as of January 15, 2018. Since its debut, the Portal has also received 5,90,410 registrations and processed around 5,100 complaints.

Future Projects and Programs
DIAV will always strive to live up to its slogan, ‘WE CARE & SUPPORT’. It is currently preparing to launch the following programs in 2018:

·       Veterans Contacts Program

·       Widows Care and Support Program

·       Disabled Soldiers Care and Support Program

·       Anomaly in Veterans Pensions & Resolution Program

Human trafficking is a big problem in India, despite the fact that it is illegal under Indian law. People are routinely trafficked illegally across India. Human trafficking is not only prohibited in India, but it is also unlawful worldwide. Human trafficking is the world’s third largest criminal sector, after drug trafficking and arms traffic. It is also the world’s fastest expanding criminal activity. Human trafficking of people, usually for the purposes of slavery, forced labor or commercial sexual exploitation for the trafficker or others. This unethical commerce and exploitation of human beings in the twenty – first century shows a sad condition of events that proves that human trafficking is today’s greatest ethical concern.

It depicts a contrasting picture of in equality among equals in terms of each individual’s right to choose his or her own life, as trafficked victims are forced to sell their innate freedom and are subjected to forceful enslavement. Their cries for aid are lost in a sea of unremitting tyranny and widespread apathy that has persisted for decades.

Human Trafficking entails the forced removal of a person’s dignity and self – worth in order to exploit the weak. Millions of people are trafficked in India each year both locally and internationally. Human trafficking is thought to be the fastest – growing business in the twenty – first century. This crime has an unimaginable human cost and is one of the most heinous aspects of modern society. Women and Children, unsurprisingly, make up the bulk of human trafficking victims in poor nations, since they are the most disenfranchised members of society. For men, women, and children trafficked for forced labor and commercial sexual exploitation, India has become a source, destination and transit county.

The United Nations Office for Drugs and Crime (UNODC) States that

·       51% Victims of trafficking are women, 28% children and 21% men.

·       72% people who are exploited in this industry are women.

·       63% of traffickers are men and 37% are women.

·       43% of victims are trafficked to different countries.

Constitutional & Legislative provisions related to Human Trafficking

·       Trafficking in Human Beings or Persons is prohibited by Article 23(1) of the Indian Constitution.

·       The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the primary piece of legislation for preventing trafficking for commercial sexual exploitation.

·       The Criminal Law (Amendment) Act of 2013 went into effect, replacing Section 370 of the Indian Penal Code with Section 370 and 370(A) of the IPC, which provide for comprehensive measures to combat the menace of Human trafficking, including trafficking of children for exploitation in any form, including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs.

·       The Protection of Children from Sexual Offenses (POCSO) Act, 2012, which took effect on November 14, 2012, is a unique legislation designed to protect children from sexual abuse and exploitation. It defines several types of sexual abuse, such as penetrative and non – penetrative sexual assault, as well as sexual harassment.

·       Other particular laws have been passed in relation to the trafficking of women and children. Apart from specific sections in the IPC, such as Section 372 and 373 dealing with the sale and purchase of girls for the purpose of prostitution, the Prohibition of Child Marriage Act, 2006, the bonded Labor System (Abolition) Act, 1976, the Child Labor (Prohibition and Regulation) Act, 1986, and the Transplantation of Human Organs Act, 1994.

·       State Governments have also passed legislation to address the issue. (Example – The Punjab Prevention of Human Smuggling Act, 2012)

Laws against Human Trafficking in India
There are various laws that deal with various types of trafficking, which are listed below:

1.     The Indian Penal Code of 1860 Human Trafficking is predominantly prosecuted in India under the Indian Penal Code, 1860.

The following are the key sections:

General Provisions:

·       Section 347 – Any person who unlawfully confines another person in order to extort money from them or force them to commit criminal conduct faces up to three years in jail and a fine.

·       Section 357 – Anyone who uses assault or criminal force to illegally restrict a person will be imprisoned for up to one year or fined up to one thousand rupees.

·       Section 363 – Anyone who kidnaps a person from India or from legitimate guardianship is subject to imprisonment for up to seven years and a fine.

·       Section 365 – Whoever kidnaps or abducts a person with the aim to covertly and unlawfully detain him or her is punishable by imprisonment for up to seven years and a fine.

·       Section 370 – This clause defines trafficking as ‘anyone who, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbors, (d) transfers, or (e) receives a person or individuals,’ by: First, threats are used, secondly by force or other forms of coercion are used, and thirdly by abduction or kidnapping, or fourth by committing fraud or deception, or fifth by abusing power, sixth by the act of trafficking is committed by enticement, including the providing or receiving of cash or advantages, in order to obtain the permission of any person having control over the person recruited, transported, harbored, transferred, or received.

·       Section 506 – The penalty for criminal intimidation is imprisonment for up to two years, a fine or both.

Special Provisions
Sex Trafficking

·       Section 354(A) -  Any man who engages in the following acts:

                        i.         Physical Contact and approaches involving unwanted and explicit sexual overtures.

                      ii.         A demand or request for sexual favors.

                     iii.         The display of pornography against the will of a woman.

Shall be imprisoned for a period of up to three years or fined or both.

·       Section 376 – The penalty for rape is imprisonment for a term of not less than 10 years and up to life imprisonment, as well as a fine or both.

Forced Marriage

·       Section 366 – Anyone who kidnaps, abducts, or compels a woman to marry is punishable by up to 10 years in jail and a fine.

Minors

·       Section 366(A) – Procurement of a juvenile girl is punishable by imprisonment for up to 10 years in addition to a fine.

·       Section 366(B) – Importation of a female (under the age of twenty – one years) from a foreign nation is punished by imprisonment for up to 10 years in addition to a fine.

·       Section 370(4) – if the offenses include the trafficking of one juvenile, the punishment is imprisonment for not less than 10 years and up to life imprisonment, as well as a fine.

·       Section 370(5) – If the offenses include the trafficking of more than one juvenile, the punishment must be imprisonment for not less than 10 years, with the possibility of life imprisonment, as well as a fine.

·       Section 372 – Anyone who sells children for the purpose of prostitution or illicit intercourse with any person, or for any unlawful and immoral purpose, is subject to imprisonment for up to 10 years and a fine.

Slavery

·       Section 371 – Imports, exports, trafficking, purchasing, selling, and so on in slaves are punishable by life imprisonment or a period of imprisonment not exceeding 10 years, as well as a fine.

·       Section 374 – Unlawful obligatory labor against the person’s will is punishable by imprisonment for up to a year, a fine or both.

Aiding Human Trafficking

·       Section 368 – Anyone who illegally conceals or confines a kidnapped or abducted person must be punished in the same manner as the kidnapper or abductor himself, namely with imprisonment for up to 10 years and a fine.

·       Section 370(A)(1) – Whoever employs a trafficked juvenile in any way for sexual exploitation shall be punished with imprisonment for a time not less than five years, but which may extend to seven years, and may also be liable to fine.

·       Section 370(A)(2) – Whoever employs a trafficked person in any way for sexual exploitation shall be penalized with imprisonment for a time not less than three years, but not less than five years, and shall also be liable to fine.

·       Section 373 – Anyone who buys juveniles for the purpose of prostitution is subject to imprisonment for a term of up to 10 years, as well as a fine.

2.     Immoral Traffic (Prevention) Act, 1956
This Act deals with Human Trafficking for the purposes of Sexual Exploitation.

·       Section 3 – The punishment for running a brothel is imprisonment for a duration of not less than one year and not more than three years, as well as a fine of up to two thousand rupees.

·       Section 4 – The punishment for living on prostitution profits is imprisonment for a time of not less than one year and not more than three years, as well as a fine of up to thousand rupees. If a minor’s profits come from prostitution, the punishment is imprisonment for duration of not less than seven years and not more than 10 years.

·       Section 5 – Procuring, inducing or taking a person for the purpose of their prostitution, with or without their consent, is punishable by imprisonment for  term of not less than three years and not more than seven years, as well as a fine of up to two thousand rupees, and if committed against the will of any person, the punishment of imprisonment for a term of seven years is extended to imprisonment for a term of fourteen years.

·       Section 6 – Detaining a person on premises where prostitution is practiced is punishable by imprisonment for a term not less than seven years, but which may be for life, or for a term that may extend to 10 years, as well as a fine.

Aside from the foregoing, this Act punishes offences such as seducing or soliciting for the purpose of prostitution, prostitution in or near public areas, and seduction of a person in custody.

3.     The Constitution of India, 1949,

·       Article 23 – Human Trafficking and forced labor are illegal and penalized by law.

·       Article 24 – Stipulates that any kid under the age of fourteen must not engage in any dangerous occupation such as a factory or a mine.

4.     The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 (Lapsed)

The goal of this law was to combat human trafficking, provide protection and rehabilitation to victims of human trafficking, and prosecute criminals. It was passed in the Lok Sabha on July 26^th, 2018, and was scheduled for passage in the Rajya Sabha, but it expired.

Other specific legislation relating to trafficking in women and children has been enacted, such as the Prohibition of Child Marriage Act, 2006, the bonded Labor System (Abolition) Act of 1976, the Child Labor (Prohibition and Regulation) Act of 1986, and the Transplantation of Human Organs Act of 1994.

Landmark Judgments on Human Trafficking

1.     People’s Union for Democratic Rights Vs Union of India (1982) 3 SCC 235
While discussing the scope of Article 23 of the Indian Constitution, the Supreme Court stated in this Judgment that “the word force must therefore be constructed to include not only physical or legal force but also force arising from the compulsion of economic circumstances which leaves no choice of alternatives to a person in want and compels him to provide labor or service even through the remuneration received for it is less than the minimum wage.”

2.     M C Mehta Vs State of Tamil Nadu (1996) 6 SCC 756
In this PIL, the Supreme Court outlined steps that should be implemented to assist child labor victims and their families. We are of the opinion that the offending employer should be asked to pay compensation of Rs. 20,000 for each child employed in contravention of the provisions of the Act; and the inspectors, whose appointments in envisaged by Section 17 to ensure compliance with the provisions of the Act, Should do this job, stated the Supreme Court.

The inspectors appointed under Section 17 would ensure that the employer pays Rs. 20,000 for each child worked in contravention of the Act’s requirements, which money would be put in a fund to be known as the Child Labor Rehabilitation – cum – welfare fund.

Even if the employer wishes to discharge the currently employed kid, his responsibility does not end there. It could be reasonable to establish such a fund on a district or region basis. The resulting fund will establish a corpus, the proceeds of which will be utilized only for the benefit of the kid in question. The quantum might be the interest gained in the corpus put in the name of the kid. Funds can be put in high – yielding schemes of any nationalized bank or other public agency to produce more revenue.

3.     Bachpan Bachao Andolan Vs Union Of India (2011) SCC (5) 1
In this case, the solicitor general of India argued that each state government should select an official who is in charge of enforcing child – related legislation. It was decided that no kid will be robbed of his fundamental rights provided by the Indian Constitution, which would lead to child trafficking and maltreatment.

Human Trafficking is Global Business
According to the ILO study, commercial sexual exploitation accounted for two – thirds of the anticipated total of US $99 Billion, while forced economic exploitation, which included domestic labor, agricultural, and other economic activities accounted for US $51 Billion, resulting in total earning of US $150 Billion.

·       Sexual exploitation accounts for 66 percent of human trafficking revenues, despite the fact that only 19 percent of victims are transported for sex. According to the organization for security and cooperation in Europe, the average yearly revenues made by each woman in forced sexual slavery ($100,000) are six times more than the average profits generated by each trafficking victim globally ($21,800). (OSCE)

·       According to OSCE research, sexual exploitation may provide returns ranging from 100% to 1000% while enslaved laborers can generate more than 50% profit even in less profitable sectors (e.g., agricultural labor in India).

·       Investigators in the Netherlands were able to assess the profit made by two sex traffickers from a large number of victims. According to the OSCE, one trafficker made $18,148 each month from four victims (for a total of $127,036), while a second trafficker earned $295,786 in the 14 months that three women were sexually exploited.

·       Forced labor saves money but sexual exploitation makes money Chinese kitchen workers in Germany were paid $808 for a 78 – hour work week in one occasion. According to the OSCE, a cook was entitled to $2,558 for a 39 – hour work week under German law.

Individual traffickers, family networks, small enterprises, and wide spectrum of criminal group operate and perpetuate the modern slave trade. Human trafficking is a major social issue since it has been shows to sever familial ties, fuel organized crime, exacerbate public health issues such as HIV/AIDS, and undermine the credibility of law enforcement and government organizations.

Human trafficking has risen to become the world’s third largest criminal industry and is rapidly expanding. Unfortunately, the majority of trafficking happens through the exploitation of vulnerable communities. The bulk of victims of human trafficking are abducted from less developed parts of the globe (Africa, South and Southeast Asia, Central and South America) and moved to more ‘profitable’ parts of the world. Nonetheless, wealthier countries are also concerned about human trafficking. The United States, for example, is both a destination country for international trafficking and a supplier of its own national trafficking networks.

Human trafficking’s financial gains have skyrocketed in the twenty – first century. The international Labor Organization estimated the yearly earnings of the human trafficking sector to be around $44 billion in 2005. Only 9 years later, in 2014, had the figure climbed to approximately $150 billion every year. The injustice of human trafficking is clearly working as a vast worldwide enterprise that can no longer be overlooked.

All of the money or revenue earned by people trafficking, which amounts to $150 billion, is used to support terrorists, acquire weapons, smuggle, bribe or engage in a variety of other illicit crimes. The money obtained by human trafficking is black money, which cannot be traced. This money may be spent for anything and anyplace because there is no record of it. Human trafficking as a business may support a variety of other illicit acts, making it critical to put an end to human trafficking.