THE NEED FOR NEW CRIMINAL LAWS IN INDIA

Introduction

The government has implementedthe new law which is called as BhartiyaNyayaSanhita (BNS) which is a replacement of IPC in Indiancontext. The primary objective of the Bhartiya Nyaya Sanhita (BNS) is to establish a holistic, consistent, and culturally-rooted legal framework in India that promotes equitable and empathetic dispensation of justice for every individual. Its fundamental aims include the preservation of dharma, equality, neutrality, and honesty within the community, adapting to contemporary requirements. By integrating traditional Indian legal principles with contemporary ideologies, the BNS endeavours to establish a citizen-focused, constitutionally compliant judicial system that is efficient, accessible, and compassionate.

The necessity for Implementing new criminal laws.

There are several reasons why new criminal laws are necessary. With the advancements in technology and changes in social norms, it is important to adopt new laws to combat emerging crimes. Cybercrime, hacking, online harassment, and online fraud have become significant issues that require updated legislation. Additionally, new criminal laws can address problems such as revenge porn, drug use, and sex work, which are increasing day by day. Moreover, new criminal laws can help protect public awareness of environmental issues. Overall, these new laws are essential for improving the justice system.

Women and children should be the primary focus

New criminal laws focus on crimes related to women and children. Unlike existing laws that often do not take offenses against women seriously, the new laws recognize the emotional and mental assault women face. Robbery and attacks on government officials are considered serious, but now the focus is on crimes against women and children. Under the new criminal laws, harming women’s mental and physical well-being is a punishable offense. Sexual harassment, false promises of marriage, and punishment for Making a false promise of marriage to a woman, or knowingly causing her to enter into a sexual relationship or engage in sexual activity based on such promise, is punishable by imprisonment for up to 5 years, along with a fine.

And rape is for gang rape on women under the age of 18(section 70 of BNS) and punishment for gang rape is life imprisonment of the death penalty for the crime of gang rape of a women below 18 years of age. Unfortunately, crime against women has increased by 4% according to the latest survey, the number of housewives dying by succeed is increasing every year between 2018 and 2022. The new laws also address the engagement of children in criminal activities, with imprisonment ranging from seven to ten years.

Why implement new laws instead of making amendments?

There are several reasons why the government may opt to create new laws instead of amending existing ones. One such reason is to address emerging criminal activities, such as cybercrime, which may not be adequately covered by outdated laws. In order to specifically criminalize offenses like hacking that did not exist previously, new laws were created. The existing old laws have become outdated over time, and some criminal statuses are written in outdated language. In such cases, it makes more sense to create new criminal laws from scratch rather than attempting to patch up old laws that are no longer suitable for the current times. Modifying old amendments can be challenging, especially if the original statutory language is too restrictive. It may prove difficult to adapt old amendments to fit the new societal context. On the other hand, new criminal laws can be written in a more comprehensive and holistic manner.

In conclusion, new criminal laws legislation allows lawmakers to tackle modern problems, there is a potential for over criminalization and infringement on civil rights. It is essential for legislators to carefully assess the advantages and drawbacks before introducing new offenses. Thoughtfully constructed laws that focus on genuinely harmful actions, without resorting to extreme penalties or excessive control, can be advantageous.

A Decade-Long Struggle for Women's Permanent Commission in the Indian Armed Forces

Introduction

The issue of granting permanent commissions in the Indian army to women has been a A prolonged and controversial matter, encompassing not only the intricacies of military career opportunities but also highlighting the broader struggle for gender equality. Despite the Constitution of India explicitly prohibiting gender-based discrimination, the armed forces operated under a different paradigm for an extended period.

Historical Context

The recruitment of women into the army was initiated in 1992 with the introduction of the Women Special Entry Scheme (WSESA) significant disparity arose in the military as women were consistently not given command appointments and were ineligible for government pensions, which were usually granted after 20 years of service. This inequality in career prospects and financial benefits relegated female officers to a secondary position, causing them to leave the service after only ten years, and limiting their potential contributions to the armed forces.

Legal Battleground

The legal crusade for gender equality within the armed forces gained momentum in 2003 when a Public Interest Litigation (PIL) was filed in the Delhi High Court. A series of court decisions ensued, leading to a watershed moment in 2020 when the Supreme Court mandated the provision of permanent commission to women officers in the Judge Advocate General (JAG) and Army Education Corps (AEC). This landmark decision shattered the deeply entrenched gender barriers that had persisted for years.

Resistance and Stereotypes

However, this journey towards inclusivity was not devoid of resistance. Arguments asserting that women were physically weaker and more vulnerable to capture by enemies were wielded as justifications to deny them permanent commission. This line of reasoning, rooted in age-old gender stereotypes, directly contradicted the Right to Equality enshrined in Article 14 of the Constitution. The legal battle underscored the imperative to dispel preconceived notions about gender roles and capabilities, emphasizing that women are just as capable and resilient as their male counterparts.

Historical and Contemporary Role Models

Drawing inspiration from historical figures such as Sarojini Naidu and Rani Laxmi Bai, who exhibited courage and strength on par with men, the case debunked the fallacy of gender-based stereotypes.

Furthermore, contemporary achievements, including women excelling in space exploration, provided concrete evidence that physical strength is not an exclusive trait based on gender.

Ongoing Challenges

Despite legal victories, formidable challenges persist. Outdated mindsets, the prevalence of nepotism in politics, and the incomplete realization of the Constitution's ideals continue to hinder progress. Deep-rooted biases perpetuate gender inequality within the armed forces, necessitating a comprehensive effort to recognize and dismantle these barriers.

The Path Forward

In the intricate tapestry of India's legal framework, the right to free legal aid emerges as a cornerstone, safeguarded by Articles 22(1) and 14 of the Indian Constitution. Article 39-A further champions the cause by advocating for the provision of free legal aid to citizens in need, underscoring the nation's commitment to ensuring access to justice for all. The Legal Services Authorities Act of 1987 breathes life into this constitutional commitment, operationalized through the vigilant efforts of the National Legal Services Authority (NALSA). At the heart of this initiative is the recognition that justice should not be a privilege confined to those with financial means; it is a fundamental right that must be accessible to every citizen. For prisoners, undertrials, and individuals unable to afford private legal representation, the NALSA wing stationed in every district court across India serves as a beacon of hope. Complementing this national effort, each state operates its own State Legal Services Authority, working tirelessly to bridge the gap between justice and economic disparities. As of March 2022, India boasted 50,394 panel advocates or free legal service providers, comprising 46,385 at the district level and 4,009 at the high court level. However, a 2018 study by the Commonwealth Human Rights Initiative (CHRI) illuminated the persistent challenges in this pursuit of legal equity. The study revealed that India has one legal aid lawyer per 18,609 in population or, framed differently, five legal aid lawyers per 100,000 individuals.

While these statistics underscore the strides made, they also point to the need for continued efforts to fortify the legal aid infrastructure. The right to free legal aid is not merely a bureaucratic checkbox; it is a lifeline for those navigating the complexities of the legal system without the means to secure private representation. In the broader context, free legal aid stands as a bulwark against systemic injustice, ensuring that the

scales of justice remain balanced for all, regardless of socio-economic standing. It embodies the spirit of a democratic nation where every voice, irrespective of its financial resonance, holds the power to be heard and acknowledged. As India progresses, it must remain committed to expanding the reach of free legal aid, addressing the gaps highlighted by studies such as the CHRI's.

This involves bolstering the ranks of legal aid lawyers, enhancing awareness about available services, and fostering a culture where seeking legal assistance is not viewed as a luxury but as an inherent right.

Conclusion

In conclusion, the quest for women's permanent commission in the Indian armed forces has been a protracted battle, indicative of a larger struggle for gender equality. While legal victories have been secured, the fight against deeply ingrained prejudices and systemic biases is far from over. The true measure of progress lies in a collective endeavour to reshape mindsets, dismantle discriminatory practices, and uphold the principles of equality embedded in the Constitution. Only through these concerted efforts can we ensure that both men and women stand on an equal pedestal in all spheres of life, creating a future where the armed forces mirror the diversity and strength of the nation they serve. Breaking these barricades is not just a legal obligation; it is a commitment to a more equitable and inclusive society.

Addressing the Issue of Honour Killings in Rural Communities: A Legal Perspective

Introduction

Honour killings, a heinous crime that tragically persists in various parts of the world, particularly in rural communities, represent a grave violation of human rights and dignity. This article aims to delve into the legal aspects surrounding honour killings in village settings, exploring the existing legal frameworks, challenges in enforcement, and potential solutions to combat this abhorrent practice.

Honour killings, defined as the murder of individuals, predominantly women, by family members due to the perception that the victims have brought shame or dishonour upon the family, constitute a severe breach of human rights and are unequivocally condemned by international law. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) explicitly uphold the right to life and prohibit arbitrary deprivation of life, irrespective of cultural or traditional beliefs. At the national level, many countries have enacted legislation to address honour killings. However, enforcement remains a significant challenge, particularly in rural areas where traditional norms often clash with legal statutes. Legal frameworks must be robustly implemented and accompanied by effective law enforcement mechanisms to ensure accountability and deterrence.

Challenges in Enforcement

In rural communities, deeply entrenched patriarchal structures, coupled with social and cultural norms that prioritise family honour over individual rights, perpetuate the impunity surrounding honour killings. Law enforcement agencies may face reluctance or resistance from local communities to investigate or prosecute such cases, fearing social backlash or ostracization. Additionally, inadequate access to justice, lack of awareness about legal rights, and limited resources further impede the effective enforcement of laws against honor killings in rural areas. Moreover, corruption and collusion within law enforcement agencies can undermine efforts to deliver justice to the victims and their families.

Potential Solutions

Addressing honour killings in rural communities necessitates a multi-faceted approach that combines legal measures with socio-cultural interventions. Strengthening legal frameworks by enacting specific legislation criminalising honour killings and imposing stringent penalties is imperative. Furthermore, sensitising law enforcement personnel and judiciary about the gravity of honour killings and providing training on handling such cases with diligence and impartiality is crucial. Community engagement and awareness-raising initiatives are essential to challenge deep-seated norms that perpetuate honour-based violence. Empowering women and girls through education, economic opportunities, and support networks can mitigate their vulnerability to honour killings and empower them to assert their rights. Collaboration between government agencies, civil society organisations, religious leaders, and grassroots community members is essential to create a conducive environment for combating honor killings. Providing support services to survivors and at-risk individuals, including shelters, legal aid, and counselling, is vital to ensure their safety and well-being.

Conclusion

Honour killings in rural communities represent a flagrant violation of human rights and a significant challenge to the rule of law. Efforts to combat this abhorrent practice require a comprehensive and coordinated response that addresses legal, socio-cultural, and economic factors contributing to its perpetuation. By strengthening legal frameworks, enhancing law enforcement capacity, and fostering community-led initiatives, we can endeavour to eradicate honour killings and uphold the inherent dignity and rights of every individual, regardless of gender or cultural background

A DEEP ROOTED SOCIAL MALAISE

Millions of lives are still impacted by casteism, a long-standing social malady that is ingrained in Indian society and perpetuates injustice, inequality, and prejudice. For many people, caste-based discrimination persists as a harsh reality, limiting their access to opportunities, resources, and dignity in spite of progressive legislation and constitutional safeguards. In this blog, we explore the causes of casteism, how it still exists in modern society, and why it is so important that we work together to end this evil.

In ancient India, society was divided into hierarchical groupings called varnas, which is where casteism first appeared. Social structure was based on the four main varnas: Brahmins (priests and academics), Kshatriyas (warriors and rulers), Vaishyas (traders and farmers), and Shudras (labourers and service providers). The Dalits, often referred to as untouchables, were placed below these varnas and assigned to menial jobs because they were seen as existing outside of the Varna system.

This inflexible hierarchical structure was eventually reinforced by societal norms and practices as well as encoded into religious writings. Caste identity turned into a hereditary trait, with members of a given caste being born into duties that are predetermined for them. There was almost no mobility between castes, and relationships between them were frequently regulated by rigid laws meant for purity and hierarchy.

Although caste-based discrimination was officially outlawed with the passage of laws like the Protection of Civil Rights Act and the Indian Constitution, the actual situation is very different. Education, work, marriage, and politics are just a few of the areas in which caste still has a significant impact.

Children from lower castes frequently experience prejudice and exclusion from schools and universities, which feeds the cycles of deprivation and poverty. For many children from Dalit and Adivasi backgrounds, access to high-quality education is still out of reach, even in spite of affirmative action rules designed to foster diversity.

Political parties continue to take advantage of caste affinities in order to achieve electoral advantage, and caste-based identity politics continue to rule electoral landscapes. Reservation laws have given marginalized populations the ability to exercise their political agency, but caste-based vote-bank politics frequently put local concerns ahead of the general well-being of society.

**Difficulties and Possibilities**

A multimodal strategy that includes legal changes, social awareness campaigns, economic empowerment programs, and grassroots organizing is needed to combat casteism. Legislative actions have been vital in the fight against caste-based discrimination, but systemic prejudices and deeply ingrained social attitudes make it difficult for them to be effectively implemented.

It becomes clear that education is a powerful instrument for dispelling caste stereotypes and promoting inclusive attitudes. The ideals of social justice, empathy, and equality can be fostered at educational institutions to produce a new generation of change makers who are dedicated to dismantling caste based inequality.

Initiatives for economic empowerment that focus on entrepreneurship, skill development, and financial resources can pull underprivileged populations out of poverty and end the cycle of prejudice based on caste.

Campaigns for social awareness and advocacy are essential for dispelling deeply held beliefs, encouraging unity within castes, and elevating the voices of people who are oppressed by casteism. Stories of resiliency and resistance can be made more widely known through media, art, and storytelling, which can motivate people to take up collective action for social change.

Adivasi and Dalit activists have spearheaded grassroots movements that have been crucial in opposing caste-based discrimination and promoting the rights and dignity of underprivileged groups. Allies can help the movement towards caste justice by raising their voices, endorsing their projects.

Addressing Forced Early Marriages in Villages: A Call for Consent and Protection

In rural communities worldwide, a distressing trend persists: the early marriage of girls, often without their consent or understanding. In many villages, cultural norms and societal pressures condone the practice, perpetuating a cycle of inequality and violation of human rights.

Girls between the ages of 18 to 21 are particularly vulnerable targets for such marriages. The reasons behind these unions are complex, ranging from economic factors to deeply entrenched traditions. However, one common thread binds them together: the absence of consent.

Consent, a fundamental human right, is often disregarded in these scenarios. Girls find themselves thrust into unions they neither desire nor comprehend fully. Such practices not only deprive them of agency but also expose them to various risks, including health complications, limited education opportunities, and increased vulnerability to abuse.

Furthermore, the notion of age as a threshold for marriage, often linked to adulthood, is flawed. Maturity, emotional readiness, and the ability to make informed decisions transcend chronological age. Therefore, using age alone as a determinant for marriage overlooks the complexities of individual development and autonomy.

Addressing this issue requires a multifaceted approach rooted in education, advocacy, and policy reform. Communities must be empowered to challenge harmful traditions and promote gender equality. Education plays a pivotal role in empowering girls with knowledge of their rights and the confidence to assert them.

Legal frameworks must also be strengthened to safeguard the rights of minors and ensure that marriages are entered into willingly and with full understanding. Efforts to raise the legal age of marriage and enforce existing laws are crucial steps in this direction.

Moreover, economic empowerment initiatives can provide alternative pathways for girls, reducing their dependency on marriage for financial security. By investing in education, skills training, and economic opportunities, communities can empower girls to shape their own futures on their terms.

Ultimately, eradicating forced early marriages requires a collective commitment to upholding human rights, gender equality, and dignity for all. It demands a shift in cultural norms, attitudes, and practices that perpetuate inequality and harm. By championing consent, education, and empowerment, we can create a world where every girl has the freedom to choose her own path and realize her full potential.

Comprehending the Intricacies of Domestic Abuse

Beyond national, cultural, and economic barriers, domestic abuse is a widespread problem. Victims of abuse may experience physical, emotional, psychological, or financial in its many manifestations, all of which leave permanent scars. This global problem affects people and families despite awareness-building and prevention efforts. In-depth discussions of the origins, effects, and available resources for assistance and intervention are provided as we explore the nuances of domestic abuse in this piece.

Comprehending Domestic Abuse

The fundamental theme of domestic violence is control and power. In close partnerships, it takes place when one partner uses abusive methods to try to control and dominate the other. These strategies might be as subtle as coercion and manipulation or as overt as violent acts. Despite popular belief, domestic violence involves a variety of actions intended to make the victim feel dependent, fearful, and submissive. It is not just physical abuse.

Different Types of Domestic Abuse

Involving acts of violence like striking, kicking, or using weapons to inflict harm, physical abuse is arguably the most well-known type of domestic violence. Nevertheless, the wounds and bruises that are readily apparent are not always the only legacy of domestic abuse. The victim's sense of value and self-esteem can be severely damaged by emotional and psychological abuse, which can have an equally catastrophic effect. Attacks using words, threats, seclusion, and gaslighting—a type of deception intended to cause the victim to question their reality and perceptions—can all fall under this category.

Another subtle means by which abusers attempt to keep control is financial abuse. This could be limiting the victim's financial resources, impeding their ability to find work, or forcing them into financial dependency. Furthermore, coercion, deception, and non-consensual activities are characteristics of domestic violence, and sexual abuse occurs within intimate relationships.

Taking the Cycle Off

Breaking the cycle of abuse is one of the most difficult problems in treating domestic violence. Seeking treatment can be difficult for victims

for a variety of reasons, such as shame, societal stigma, and fear of reprisals. Furthermore, the dynamics of abusive relationships can be complicated, causing victims to feel a variety of contradictory feelings, such as fear, hopelessness, and love.

An interdisciplinary approach is necessary to empower victims to leave abusive situations. As part of this, safe havens, legal defense, therapy, and financial assistance must be available. Challenging cultural norms and attitudes that support violence in intimate relationships and maintain gender inequity is another aspect of it.

Aid and Intercession

Several parties, including law enforcement, healthcare professionals, social services, and community organizations, must work together to support victims of domestic abuse. Early intervention is essential to preventing escalation for victims to receive the support they require to start over.

When it comes to combating domestic abuse, awareness and education are crucial. We can fight the mindsets and actions that give abuse a platform by promoting an environment of accountability, empathy, and respect. It also entails teaching consent and limits, encouraging positive relationship dynamics, and giving people the tools they need to spot abuse and take action.

Conclusion

We must all pay attention to and take action against domestic abuse because it is a complicated and diverse problem. We may try to create a society where every person is treated with respect and dignity by comprehending its underlying causes, identifying its many manifestations, and offering assistance and intervention to those impacted. As a society, let's work to end the taboo around domestic abuse and build an abuse-free future.

Unveiling the Shadows: Mob Lynching in Indian Villages

Mob lynching is a menacing phantom that lurks in the Indian heartland, where the vivid colors of culture blend with the rustic simplicity of everyday life. Even in the midst of development and technology, Indian communities deal with a grim reality that is sometimes ignored. This blog explores the causes, effects, and pressing need for societal change in order to bring attention to the troubling trend of mob lynching in rural India.

Historical Context:

Investigating the historical origins of mob lynching is necessary to comprehend this occurrence in Indian villages. A culture of vigilantism has been fostered by a poisonous atmosphere driven by long-standing prejudices, caste divisions, and religious hostilities. Because of the historical social stratification’s continued influence on attitudes, underprivileged communities are still easy targets.

Trigger Factors:

Events involving mob lynching are frequently caused by gossip, false information, or social unrest. Violent mob reactions have frequently been triggered by mere allegations of theft, cow smuggling, or ties between castes. When deeply held preconceptions are combined with a lack of education, the likelihood that these incidents will quickly spiral out of control and become tragedies increases.

Consequences:

Incidents of mob lynching have terrible aftereffects that damage both people and communities. Innocent lives are lost, families are broken, and the fabric of social harmony is ripped apart. Furthermore, the terror such acts induce create a climate of mistrust and anxiety that impedes the growth and development of communities.

Role of Social Media:

In the information era, social media has become a two-edged weapon. It can motivate people for constructive change and bring people together, but it can also serve as a haven for hate speech and rumors. The necessity for appropriate online behavior is highlighted by the fact that some mob lynching instances in rural India have been sparked by the rapid dissemination of false information through digital channels.

Legal Framework:

Examining the legal framework surrounding mob lynching in India reveals a patchy landscape. While the Indian Penal Code criminalizes

violence, the absence of specific laws addressing lynching has created loopholes. Calls for a comprehensive anti-lynching legislation have gained momentum, emphasizing the importance of holding perpetrators accountable and deterring future incidents.

Community Engagement:

It will need a multipronged strategy, including community involvement and education, to end the mob lynching cycle. Mob violence can be prevented by empowering villages through awareness campaigns, encouraging communication between diverse populations, and cultivating a sense of solidarity.

Media Responsibility:

The media is crucial in influencing how the general population thinks. Reporting that is sensationalized has the potential to increase tensions and lead to an increase in violence. The propagation of misleading narratives that can encourage a mob mentality must be stopped by ethical reporting and responsible journalism.

Government Intervention:

If the underlying reasons of mob lynching have to be addressed, government intervention is essential. More equitable access to resources, aggressive prosecution of offenders, and the implementation of educational reforms can all help to build a society that is more inclusive and just.

Conclusion:

Urgent attention is required to address the lingering threat of mob lynching in Indian villages. Collaboration between the government, media, and society is essential in eliminating the ingrained prejudices that give rise to these horrific acts. India can only expect to banish the memory of mob lynching and create a more peaceful future by working together and making a commitment to promote tolerance and understanding.