“The term ‘child labour’ is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that:
The Factories Act of 1948: The Act prohibits the employment of children below the age of 14 years in any factory. The law also placed rules on who, when and how long can pre-adults aged 15–18 years be employed in any factory.
The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age in a mine. Mining being one of the most dangerous occupations, which in the past has led to many major accidents taking life of many. Children are completely banned for employment in Mining.
The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the employment of children below the age of 14 years in hazardous occupations identified in a list by the law. The list was expanded in 2006, and again in 2008.
The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime, punishable with a prison term, for anyone to procure or employ a child in any hazardous employment or in bondage. This act provides punishment to those who act in contravention to the previous acts by employing children to work.
The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free and compulsory education to all children aged 6 to 14 years. This legislation also mandated that 25 percent of seats in every private school must be allocated for children from disadvantaged groups and physically challenged children.
Major causes of child labour that can be understood keeping in mind the Indian scenario, are:
In developing countries it is impossible to control child labour as children have been considered as helping hand to feed their families, to support their families and to feed themselves. Due to poverty, illiteracy and unemployment parents are unable to bear the burden of feeding their children and to run their families. So, poor parents send their children for work in inhuman conditions at lower wages.
The poor economic conditions of people in india force them to borrow money. The Illiterate populations go to money lenders and sometimes mortgage their belongings in turn of the debt taken by them. But, due to insufficiency of income, debtors find it very difficult to pay back the debt and the interest. This vicious circle of poverty drags them towards working day and night for the creditor and then the debtors drag their children too in assisting them so that the debts could be paid off.
There are some industries such as the ‘bangle making’ industry, where delicate hands and little fingers are needed to do very minute work with extreme excellence and precision. An adult’s hands are usually not so delicate and small, so they require children to work for them and do such a dangerous work with glass. This often resulted in major eye accidents of the children.
Currently, there are nearly 30 million people held in slavery and an estimated 26 percent are children worldwide.
Poverty is the most often cited reason why children work. Pressured to provide food and shelter, as well as to pay off debt owed by the parents, some children have no other choice but to become involved in labor in order to support their families. However, some children are sold against their will and forced into slavery. Other factors that influence whether children work or not include barriers to education and inadequate enforcement of legislation protecting children.
Child labor is a complex issue, as are the solutions, but the following steps must continue to be pushed for in order to see further progress. First and foremost, child labor laws must be enforced. Another strategy would be to reduce poverty in these areas so as to limit the need for children to be forced into these situations. Finally, providing access to quality education ensures that each child has a chance for a better future.
If awareness about the cons of child labour is spread across the nation and strict policing of implementation of existing laws are done, India can combat the issue of Child Labour. Every individual must understand how important it is for the children to grow and study, as they are the ones who will shape the future of the nation.
What is Child Molestation:
The definition of child molestation, as well as the broad range of behaviors that lie within this definition (i.e., child sexual abuse, child sexual assault, and sexual exploitation of children), is examined. Child molestation is defined as “an act of a person–adult or child–who forces, coerces or threatens a child to have any form of sexual contact or to engage in any type of sexual activity at the perpetrator’s direction”.
LAWS GOVERNING RIGHTS OF CHILDREN:
A. Commissions for Protection of Child Rights (CPCR) Act, 2005
B. Protection of Children from Sexual Offences Act (POCSO), 2012 – It is one of the Indian government’s most progressive laws, to combat sexual violence against children. POCSO qualifies penetrative sexual assault on a child below the age of 12 as aggravated penetrative sexual assault, a crime punishable with a fine and a minimum term of rigorous imprisonment for 10 years, which can be extended to life imprisonment.
C. Juvenile Justice (Care and Protection of Children) Act, 2015 – It is India’s fundamental law in dealing with children in need of care and protection. It caters to their needs through care, protection, development, treatment, social reintegration, through its child-friendly approach by addressing matters in the best interest of children.
D. Constitution of India and in particular Article 15(3) mandates making of Special laws for the welfare of children.
E. UN Convention on the Rights of the Children (UNCRC) adopted by the UN General Assembly in 1989 delivers universal recognition of children’s rights to its member nations.
THE WAY FORWARD HOW TO OVERCOME THE CHILD MOLESTATION:
NOTE: In the specific case of sexual abuse, clarifying the responsibility of the offender, discussing information about sexually abusive behaviors and future safety of the child are issues that can be addressed by pediatricians. Child protection should be the goal of any treatment, promoting the well-being of the children and their families, their safety and the guarantee that they belong to a family and have a home. When someone suffers an act of violence, he/she experiences feelings of helplessness and inability to control the situation. If the victim is a child, these feelings are also felt by family members. It is crucial to consider and try to reverse these situations. In fact, one of the most important roles of emergency pediatricians is to prevent the post-traumatic stress syndrome (PTSS), which affects 15 to 67% of children and adolescents exposed to violence.
INTRODUCTION:
Divorce is the legal dissolution of marriage. A divorce is among the most traumatic misfortunes for any couple but at the same time it can be a beginning of a new dawn. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce one should be aware of the fact that a divorce procedure in India extents for almost a year and in some special cases of disputes the procedure may continue for years.
LAWS GOVERNING DIVORCE IN INDIA:
India is a secular country and a wide number of religions are freely practiced. The major religions practiced include Hinduism (inclusive of Sikhism, Jainism and Buddhism), Islam and Christianity. People solemnize marriages in accordance with religious rituals and ceremonies, which are mostly codified by statutory personal laws. Therefore, the matrimonial laws in India, including laws on marriage, divorce and other connected issues, are essentially governed by the personal laws of the parties depending on their religion, which are codified by statute in most cases:
In addition, the Special Marriage Act 1954 applies to all persons of all religions. This is a civil legislation and parties from all religions, caste or community can elect to marry under it. A divorce would then be governed by the Special Marriage Act 1954.
All these laws apply throughout India.
WHY IT IS NECESSARY THE DIVORCE LAWS TO BE THERE:
Divorce is the process of separation through legal intervention. A decree of divorce that is granted by the family court or local district court allows for the separation of the parties as the marriage has been dissolved. Once the divorce is granted the parties are free to re-marry, if so they wish. Divorce in India is governed by personal laws and depend upon the religion of the parties. Despite the personal law one might follow some grounds that are applicable universally. It’s important to understand Divorce law in India. To allow for the petition of Divorce to be executed smoothly, the laws lay down two kinds of divorce. So, according to the divorce laws in India under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court through a divorce lawyer. Mutual consent means that both the parties agree for peaceful separation. However, in case there is no consent, the parties will have to contest the matter in court of law before the decree of divorce is granted.
Closely connected to issue of Divorce is issue of maintenance and custody of children. However, as stated before, the laws are based on faith of the persons and this causes a great amount of ambiguity and trouble for females. The status of women across religion is bad and thus need for a unform law to help women and protect their life and dignity
What is Domestic Violence: –
Domestic violence refers to violent behaviour between current or former intimate partners – typically where one partner tries to exert power and control over the other, usually through fear. It can include physical, sexual, emotional, social, verbal, spiritual and economic abuse.
Laws for the protection of women:-
The Immoral Traffic (Prevention) Act, 1956
The Dowry Prohibition Act, 1961 (28 of 1961)
The Indecent Representation of Women (Prohibition) Act, 1986
The Commission of Sati (Prevention) Act, 1987 (3 of 1988)
Protection of Women from Domestic Violence Act, 2005
The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013
The Criminal Law (Amendment) Act, 2013 – New offenses that are punishable by law were introduced by the amendment as well. These include, but are not limited to:
Background of Domestic Violence:
Domestic violence or intimate partner violence (IPV) as it is sometimes called, is a worldwide problem.Domestic abuse includes physical, emotional and sexual violence of any form. In India, the PWDVA also includes economic abuse under the definition of domestic violence. A 1999 study examined the prevalence and characteristics of domestic abuse in five districts of northern India during 1995–1996. The study reported that in those five districts, lifetime prevalence of domestic abuse ranged from 18% to 45%.
According to a BBC report, in 2013, around 309,546 crimes were reported against women of which 118,866 were for domestic violence alone.
The constitution of India provides for adequate safeguard to protect the rights of women. The parliament enacted the Protection of Women from Domestic Violence Act, 2005 and this law came as a big relief to women suffering from domestic violence. Before this act there was no any particular act for domestic violence. As stated in the famous law maxim ubi jus ibdi remedium means where there is wrong there is a law. If law is not there nothing can be called as crime. So to punish the criminals such laws are very important.
Challenges faced by Women’s after Domestic Violence:
Domestic violence against women is a reality and is being committed in every alternate house of India. The law has to be rightly supplemented by social awareness and economic incentives. Now a days many helpline numbers has been started by the government for the help of women’s suffering domestic violence. NGO’s too have important role to play in tackling the issues concerning domestic violence.
INTRODUCTION:
Fundamental rights are those rights which are essential for intellectual, moral and spiritual development of citizens of India.
LAWS GOVERNING THE FUNDAMENTAL RIGHTS:
Articles 12-35 of Indian Constitution deal with Fundamental Rights. These human rights are conferred upon the citizens of India for the Constitution tells that these rights are inviolable. Right to Life, Right to Dignity, Right to Education etc. all come under one of the six main fundamental rights. There are six kind of fundamental rights guaranteed by Indian Constitution and are as below:
The Supreme Court of India and High Courts are the defender of the fundamental rights of the citizens. For that, it has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of the citizens. The five types of writs are:
WHAT IS THE IMPORTANCE OF FUNDAMENTAL RIGHTS IN INDIA:
Fundamental rights are very important because they are like the backbone of the country. They are essential for safeguarding the people’s interests. According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an express provision for judicial review. The SC and the High Courts can declare any law unconstitutional on the grounds that it is violative of the fundamental rights. Article 13 talks about not just laws, but also ordinances, orders, regulations, notifications, etc. Any changes to the fundamental rights require a constitutional amendment that should be passed by both the Houses of Parliament. The amendment bill should be passed by a special majority of Parliament. The question is whether a constitutional amendment of fundamental Rights can be termed law or not.
In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the Constitution including fundamental rights.
In 1973, a landmark judgment ensued in the Kesavananda Bharati case where the SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.” The Court further held that Fundamental Right forms basic structure of the Constitution.
This is the basis in Indian law in which the judiciary can strike down any amendment passed by Parliament that is in conflict with the basic structure of the Constitution. In 1981, the Supreme Court reiterated the Basic Structure doctrine. Fundamental rights are such rights which are protected by the Supreme Court and the remedy of violation of fundamental rights is itself a fundamental right, as provided in Article 32 of Constitution.
What is Restitution of Conjugal Rights:-
Conjugal right means right to stay together by virtue of entering into a marital bond with the life partner. Restitution of conjugal rights basically comprises of two major words, Restitution and Conjugal Right.
Restitution: – The restoration of something lost.
Conjugal rights: Rights relating to marriage or the relationship between husband and wife.
To claim this right, the marriage should be a legal marriage.
The concept of restitution of conjugal rights was introduced in India in the case of Moonshee Buzloor Ruhneem vs. Shumsoonissa Begum, where such actions were regarded as consideration for specific performance.
Laws governing Restitution of Conjugal Rights:-
In modern India, the remedy is available to Hindus under Section 9 of the Hindu Marriage Act, 1955, to Muslims under general law, to Christians under Section 32 and 33 of the Indian Divorce Act, 1869; to Parsis under section 36 of the Parsi marriage and Divorce Act, 1936 and to persons married according to the provisions of the Special marriage Act, Section 22 of the Special Marriage Act, 1954.
Why Restitution of Conjugal Rights is necessary :-
“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Explanation: – Where a question arises whether there has been reasonable excuse for withdrawal from the society of other, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society”.
The restitution of conjugal rights is often regarded as a matrimonial remedy. The remedy of restitution of conjugal rights is a positive remedy that requires both parties to the marriage so live together and cohabit.
The Challenges :-
In Sushila Bai v. Prem Narayan, the husband deserted his wife and thereafter was totally unresponsive towards her. This behaviour was held sufficient to show that he had withdrawn from the society of his wife, and therefore the wife’s petition for restitution of conjugal rights was allowed. The defence to this principle lies in the concept of a ‘reasonable excuse’. If the respondent has withdrawn from the society of his spouse for a valid reason, it is a complete defence to restitution petition. The court will normally order restitution of conjugal rights if:
The court has held in various cases that the following situations will amount to a reasonable excuse to act as a defence in thus area:
It is significant to note that unlike a decree of specific performance of contract, for restitution of conjugal rights, the sanction is provided by the court where the disobedience to such a decree is willful that is deliberate, in spite of opportunities.
Outcome of the Restitution of Conjugal Rights:-
A very important feature of restitution of conjugal rights to be emphasized is that it is a remedy aimed at preserving the marriage and not at disrupting it as in the case of divorce or judicial separation. It serves to aid prevention of the breakup of marriage, thus is a means of saving the marriage. So, the restitution of conjugal rights remedy tries in promoting reconciliation between parties and maintenance of matrimonial relationship.
What is Judicial Custody?
Judicial Custody means the person will be kept in prison on the orders of the Magistrate. In other words, we can say that the accused is in the custody of the Magistrate. When the accused is presented before the Magistrate after that he can be sent to jail or can be sent back to police custody. In judicial custody, the suspect becomes the responsibility of the Court.
Laws governing Judicial Custody?
Once you have correctly understood the judicial custody meaning, it becomes imperative to gather deeper knowledge about the laws that govern such type of custody. Remember, When Police takes a person into custody, the Cr.P.C kicks-in and Accused has to be produced before a Magistrate within 24 hours of the arrest.
The suspect is assumed to be innocent till the charges against him are proved and only after that, the Court will punish him for the crime reported. As per Section 167 of The Code of Criminal Procedure, 1973 the suspect can be in police custody for 15 days, but only on the orders of the Magistrate. However, the person can be under judicial custody for upto 90 days when the person has committed an offence with a punishment of death, imprisonment of life or period of imprisonment exceeding 10 years and for upto 60 days for all other crimes, if the Magistrate thinks fit for the interest of the justice.
A Judicial Magistrate can give the order to extend the duration of any custody upto 15 days and an executive magistrate can extend it upto 7 days. You might ask the question what happens after 14 days judicial custody. The answer will be that on completion of the 15days remand at the judicial custody, the accused will be taken to court again. There a further extension of the remand period might be ordered by the Judge.
Wondering how long can a person be kept in judicial custody? If the police report is not filed within 60 or 90 days (as the case may be) then the person can be released on default bail. But if the police report is filed within the required time period then the accused won’t be released on default bail and thus will continue to be detained under judicial custody because after investigation the process of inquiry has started.
The maximum period on which a suspect can be under judicial custody is half of the punishment awarded for the concerned offence. When the accused is kept under police or judicial custody, it is important to keep in mind that they have some rights too. Many decisions have been taken by different Courts stating that the accused should not be treated badly. Different provisions of The Code of Criminal Procedure, 1973 and The Constitution of India provide the rights of the arrested person.
Why it is necessary?
Custody is often extended of people who are suspected of having committed a crime. Both judicial custody and police custody limit the liberty and range of movement of a person. The law and its agents (specifically, the police and the courts) employ a protective and preventive method by taking an individual who is suspected of a crime away from the general public. This allows law enforcement to properly investigate the accusation of a crime and have the suspect stand trial for the crimes accused to him.
In police custody, the police officer detains any offender or suspected person under his custody as an action taken by him, but in Judicial custody, the accused person is kept in jail upon the order of the concerned magistrate.
A person lodged in police custody has to appear before the concerned magistrate within 24 hours but the person detained in judicial custody is kept in jail until Court gives bail.
Police custody begins when a police officer arrests a suspect upon receiving a complaint or FIR. Whereas, the Judicial custody begins when the public prosecutor satisfies the court that for the purpose of the investigation, custody of such accused is necessary.
The maximum period of police custody is 24 hours and which may be extended to 15 days as a whole by the appropriate magistrate Whereas in Judicial custody the maximum period of detention is 90 days where the investigation is related to offenses punishable with death, imprisonment for life or imprisonment for a term not less than ten years and 60 days where the investigation is related to offenses punishable with imprisonment for a term less than 10 years.
Police custody is under the security provided by the police whereas in judicial custody the security is provided by the judge/magistrate. Life in judicial custody and police custody, both are difficult. But one can apply for a bail. Once it is granted they can fight the case by appearing before the court as and when required.
The Challenges:-
In serious offences, the court may accede to police request to remand the accused in judicial custody after the expiry of police custody so that evidence or witnesses are not tampered with. Law mandates filing of charge sheet in serious criminal cases within 90 days. If the charge sheet is not filed within 90 days, the court normally grants bail to the accused. But in heinous offences, like murder and rape, the accused is normally kept in judicial custody (kept in jail under the court’s custody) for a longer time despite filing of the charge sheet so that the process of trial is not influenced.
Conclusion:-
It is well settled by SC that jail is exception and bail is the rule but in cases of heinous offences, including money laundering cases, the court had held that custodial interrogation is needed to unearth the truth and held that any protection given to accused during the investigation would hamper the probe.
Case laws:-
In Central Bureau of Investigation, Special Investigation Cell-I, New Delhi v. Anupam J.Kulkarni (AIR 1992 SC 1768) the question regarding arrest & detention in custody was dealt with it was held that the Magistrate under S.167(2) can authorise the detention of the accused in such custody as he thinks fit but it should not exceed fifteen days in the whole. Therefore the custody initially should not exceed fifteen days in the whole. The custody can be police custody or judicial custody as the magistrate thinks fit. The words “such custody” and “for a term not exceeding fifteen days in whole” are very significant. On a combined reading of S.167(2) and (2A) it emerges that the Judicial Magistrate to whom the Executive Magistrate has forwarded the arrested accused can order detention in such custody namely police custody or judicial custody under S.167(2) for the rest of the first fifteen days after deducting the period of detention order by the Executive Magistrate. The detention thereafter could only be in judicial custody.
Understanding what is judicial custody is crucial for the individual who is impacted by the law. You can obviously gain deeper understanding of the intricate legal provisions by reading up on it. However, there are major intricacies and you should be best suited by taking legal counsel and visiting a competent and well trained advocate nearby for proper assistance.
Industrial dispute” is defined as, “Any disputes or differences between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person”.
Wages: Low wages of industrial workers constitute a major cause of industrial disputes in the country. Wages have not been rising in proportion to the rise in prices (Inflation). Hence, laborers demand higher wages which management may deny and it consequently leads to disputes.
Bonus: It is the second major cause of industrial disputes. The workers feel that, they should have a greater share in the profits of the industrial concern and demand higher bonus which management may deny and it consequently leads to disputes.
Working Condition: The working conditions such as working hours, the security of a job, better safety measures in the factory, restrooms, leave, canteen, gratuity facilities, etc. are important for workers for their motivation towards the job. Lack of or insufficient working conditions are also responsible for many industrial disputes.
Trade union: Recognition of trade union and rivalry between different trade unions is also a main cause of industrial disputes.
Retrenchment: Due to modern techniques and modern machinery, production is simplified and requires less Labour. In such a case, the management tries to reduce the manpower by retrenchment. This may create insecurity in the minds of workers and may lead to an industrial dispute.
Political Influence: Most of the trade unions are associated with one or another political party. To score political point politicians may indulge in creating disputes in the industry.
The common consequences of industrial disputes are loss of production, income and employment and increase in inflation and cost of living. Alternatively speaking, industrial disputes injure economic welfare of the nation broadly in two ways.
Firstly, work-stoppages impoverish the workers actually involved in the disputes and, thus, lessens, their demand for the goods manufactured by other industries.
Secondly, if the industry under work-stoppage manufactures items that are used in the conduct of other industries, it lessens the supply of raw materials for their production.
This ultimately results in loss of output and, in turn, reduces the national income. To quote the value of production loss, which was Rs. 537.8 lakhs in 1961, has increased to Rs. 4,545.9 lakhs in 1995, i.e., an eight-time increase in the production loss
The consequences of an industrial dispute are hazardous to the employer, employees, organization, society and the economy. However, it is taken as a useful tool by the workers, to raise their voice and put up their demands in front of the management or employers. It empowers the labors and protects their rights of speech & service in the organization.
The concept of Contempt is several centuries old. In England, it is a common law principle that seeks to protect the judicial power of the king, initially exercised by him, and later by a panel of judges who acted in his name. Violation of the judges’ orders was considered an insult to the king himself. Gradually any kind of disobedience to judges, or obstruction of the implementation of their directives, or comments and actions that showed disrespect towards them came to be punishable.
Contempt of Court means Civil Contempt or Criminal Contempt;
“Civil Contempt” means willful disobedience to any judgment, decree, direction, order, writ or other process of a court, or willful breach of undertaking given to a court.
“Criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which—
Contempt, in law, insult to, interference with, or violation of a sovereign court or legislative body. The concept of contempt is of English origin and is found only in countries that follow the common-law system. The primary importance of the notion of contempt is that it warrants judicial action in defense of the judicial or legislative power itself. Often, the power to enforce a contempt violation is without many of the safeguards that generally restrict the power of the state in the punishment of civil or criminal wrongs.
Contempt of court is an offence of disobedience or disrespect towards a court of law and its officers in the form of conduct that opposes or challenges the authority, justice and dignity of the court. Contempt of Court is a constitutional power vested with the Supreme Court of India.
Article 129 of the Indian Constitution of India states “The Supreme Court of India shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself”. Superior courts of record have the powers to punish contempt relating to the judges of those courts and the proceedings therein. The principal aim of the jurisdiction is to protect the dignity of the court and the due administration of justice.
Section 20 deals with period of limitation for initiating contempt proceeding. Section 20 provides that no court shall initiate contempt proceedings either on its own notions or otherwise after the expiry of one year from the date on which contempt is alleged to have been committed. The period of limitation is applicable in Civil as well as Criminal Contempt. Contempt proceedings can be initiated either by filling an application or by the court itself suo moto. In both the cases, contempt proceedings must be initiated within one year from the date on which contempt is alleged to have been committed.
In criminal contempt, contempt is alleged to have been committed the moment scandalization of court or interference with the administration of justice takes place. Consequently, the period of limitation immediately starts running. But, in case of civil contempt the period of limitation does not start from the date of the order. It starts running after expiry of period mentioned in the order after service of certified copy of the order upon the other side. If no time limit is mentioned in the order, the order should be complied within a reasonable period.
It will not be wrong to say that law for criminal contempt gets in conflict with India’s democratic system which recognizes freedom of speech and expression as a fundamental right. In this manner, the judiciary draws resemblance with the executive, in using laws for a chilling effect on freedom of speech.
R. Krishna Iyer, Former Justice of Supreme Court, famously termed the law of contempt as “having a vague and wandering jurisdiction, with uncertain boundaries; contempt law, regardless of the public good, may unwittingly trample upon civil liberties”.
Thus, if the definition of contempt is removed, subordinate courts will suffer as there will be no remedy to address cases of their contempt.
The content of this document do not necessarily reflect the views / position of RKS Associate, but remains a probable view. For any further queries or follow up please contact RKS Associate at [email protected]