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INTERNATIONAL DAY AGAINST DRUGS

DRUG a word which can be used in two sense, one which can be life saver the other can be life taker. Its only a matter of choice which ultimately makes difference in anyone’s live. hence, to restrict that choice United Nation has begin to celebrate “INTERNATIONAL DAY AGAINST DRUG ABUSE AND ILLICIT TRAFFICKING” to mark the importance of the fight against drug abuse and illicit drug trafficking. it was observed since year 1989. The date June 26 is to commemorate Lin Zexu’s dismantling of the opium trade in Humen, Guangdong, ending in June 25 1839,just before the First Opium War in China. UN every year celebrates theme and in year 2020 theme is ” A better knowledge for better care”  emphasizes the need to improve the understanding of the world drug problem and how in turn, better knowledge will foster greater international cooperation for countering its impact on health, governance and security. so, lets fight against such evils of society and make it better place to live. if you want to contribute some visit this site and you’ll find content and material to aware people about drugs. https://youtu.be/BezhcBNa-Uo

Featured

Money Makers: Movies

So the year is about to end and our list of countdown is about to begin. This year also i am going to take you to some interesting countdown lists. The lists of things and subjects that you hardly think about. But i am beginning with the Movies of 2018 which makes a lot of stuff this year. so lets begin it..

2018 is so good for Marvel Studios as well as for the super heroes. In the list of most grossing movies maximum are super heros movies.

6. Mission: Imposible- Fallout

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A movie with 97% rotten tomatoes score can surely define about the efforts and action done by the Hollywoods A-lister Tom cruise. The movie directed by Cristopher McQuarrie’s is greatly admired by moviegoers. With the increase in numbers in Tom Cruise age ,the number of stunts are proportionally increasing which makes movie a must watch movie. Movie with 17.8 crore USD budget earns a good amount of 79Million USD

5. VENOM

A thrilling science fiction movie based upon an anti-hero starring Tom hardy as journalist named Eddie brook who turned into venom. the movie was directed by Ruben fleischer. however the movie got only 30% score on rotten tomatoes. But who cares when viewers loves the movie and makes good sum of 854.4 Million USD in just 116 Million USD. venom has its own facebook page https://www.facebook.com/VenomMovie/

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4. Incredible 2

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Movie which come back in the market after 15 years with new action and thrill in it. Movie directed by Brad Bird. This time Helen (voice of Holly Hunter) is in the spotlight. it scores 94% rotten tomatoes and becomes the 2nd highest grossing animated film of all time. The budget of movie was about 200 Million USD and it collects about 124 billion USD.

3. Jurassic world: Fallen kindom

the sequel of jurassic world in which Owen Grady and Claire Dearing return to the island of Isla Nublar to save the remaining dinosaurs from a volcano that’s about to erupt. the movie directed by J.A.Bayona. the movie is not able to score good at rotten tomatoes but 90% google user liked the movie. Fallen Kingdom has banked a massive $1.30 Billionworldwide

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2. Black Panther

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After the introduction in Civil war .Everyone knew Black Panther would be a seismic hit, but few predicted that it would become insanely successful. Black Panther is now the highest-grossing comic book film of all-time in the U.S., and is gaining on that title worldwide. it got 97% rotten tomatoes . Movie budget was 200 Million USD and its collection is 1.35 Billion USD.

1.Avengers: Infinity war

Most awaited movie of 2018 when realesed in theaters collects good cash. Movie directed by joe and anthony russo. a multi hero and multi starrer movie becomes the blockbuster of the year, setting new all-time records for both best domestic and worldwide opening weekends. critically acclaimed (84% on rotten tomatoes) perfomes so well and collects 2.05 Billion USD in budget of 400 Million USD. after this movie everyone is waiting for its sequel(END GAME) releasing in coming april. which gives it position in list of most awaited movies of 2019.

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Provision of offences against women in IPC part 3

In my previous two blogs I wrote about the provisions of offences against women in IPC and some provisions are still remaining so I’m discussing here in brief. You can find it all in detailed sections of India Penal Code,1860.
I’m continuing with the offence of acid attack.
There was no separate legislation to deal with acid attacks before the passing of The
Criminal Law (Amendment) Act. 2013. The offence was registered under Sections 320, 322, 325, 326 and 307 of the Indian Penal Code (I.P.C).
Now we have two different sections dealing with acid attack. These sections are gender neutral, meaning that victims of any gender are protected under these sections.
326A. Voluntarily causing grievous
hurt by use of acid, etc.-
This section deals with the cases of acid attacks and specifies punishment for such a crime.
Punishment: Imprisonment for not less than 10 years to Life with Fine paid to the victim.

Section 326 B: Voluntarily throwing or attempting to throw acid, etc.
Punishment : It shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
The basic difference between Sections 326A and 326B of IPC is the presence of actual injury under Section 326A.
Explanation 1 of section 326B explains “acid” in detail for the purpose of both sections.
By the amendment of 2013 a new clause also added in section 100 of IPC that is 7th clause which provides right to private defence of the body, to the voluntary causing of death or of any other harm to the assailant, if the offence is an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that gravious hurt will otherwise be the consequence of such act.

Now I’m coming to the sexual offences. These offences are given from the section 375 to 375 E of the IPC. We got these sections in present form after the Criminal Law (Amendment) Act 2013 and Criminal Law (Amendment) Act 2018.

Section 375 : Rape
If we go throughout this section we can see that rape is an offence which is gender specific which means rape can be committed only by a man and only against a woman.
In the definition of rape there are 4 clauses are given which cover all the acts, if any one of them committed in any of the further giving 7 circumstances constitute offence of rape.
It means after the amendment of 2013 the offence of rape is no more restricted to the penile vaginal intercourse.
Section 376 Punishment for rape :
1.If the age of victim is not under the age of sixteen years, it shall be published with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
2. If it covers under (a to n) special cases, it shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
3.If the victim is under sixteen years of age, it shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

Section 376 D: Gang rape:
This section is also inserted by the amendment of 2013. Which can be understood by its ingredients they are:
1.There must be a group of persons,
2. They are acting in furtherance of a common intention and
3. All or some of them committed rape.
Then it shall be deemed to be an offence of gang rape .
It means for this offence it is not required that the victim must have been raped by each and every person of the group.
Punishment for gang rape : it shall be punished with rigorous Imprisonment for 20 years to Imprisonment which may extend to Natural-Life and Fine paid to the victim.
Section 376 DA : punishment for gang rape on a woman under sixteen years of age: Imprisonment for Natural-Life and fine paid to the victim.
Section 376 DB : Punishment for gang rape on woman under twelve years of age:
Imprisonment for life which shall mean imprisonment for the remainder of the at person’s natural life and with fine paid to the victim or with death.

Marital Rape:
In India, a wife is presumed to deliver perpetual consent to have sex with her husband after entering into marital relations so that IPC does not criminalise the marital Rape.


https://www.drishtiias.com/daily-updates/daily-news-editorials/marital-rape-in-india

We can see exception no 2 of the of the section 375 that is: Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
It means for the make liable for this offence, the age of his wife must be under the fifteen years of age.
But in the year of 2017 in case of
Independent Thought v. Union of India a division bench of the Supreme Court of India read down Exception 2 to Section 375, Indian Penal Code (hereinafter, IPC), which now stands thus altered,
“Sexual intercourse by a man with his wife, the wife not being less than 18 years of age, is not rape”.
https://www.sociolegalreview.com/post/independent-thought-v-union-of-india-and-the-unconstitutionality-of-marital-rape#:~:text=In%20Independent%20Thought%20v.,age%2C%20is%20not%20rape%E2%80%9D.

Section 376 A: punishment for committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state: it shall be rigorous Imprisonment for 20 years to Imprisonment for Natural-Life or Death.
Section 376 B: punishment for sexual intercourse by husband upon his wife during separation: it shall be imprisonment of either description for a term of 2 to 7 years of and Fine.
Section 376 C : Punishment for Sexual intercourse by a person in authority: it shall be rigorous Imprisonment for 5 to 10 years and Fine.
Section 376 E: Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section1 376AB or section 376D or section 376DA or section 376DB and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

For the purpose of sexual offences in the section of 376 an important explanation no.2 has been added which explains the meaning of consent. And with this addition in the Indian Evidence Act 1872,
section 53A (Evidence of character or previous sexual experience not relevant in certain cases) and section 114A ( Presumption as to absence of consent in certain prosecution for rape) have also been added.
We should have to aware about some other provisions under IPC which give protection from disclose the identity and right of treatment to the rape victim:

Section 228 A of IPC:
Disclosure of identity of the victim of certain offences, etc : If provision of this section is not followed it shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

Section 166 B of IPC Punishment for non treatment of victim : Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 357C of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

For part one do visit https://monkeycapblog.wordpress.com/2020/10/19/provision-for-womens-offence-in-ipc-part-1/
For part 2 do visit https://monkeycapblog.wordpress.com/2020/10/25/provision-of-offences-against-women-in-ipc-part-2/
For other women’s law (other than IPC)do visit
https://monkeycapblog.wordpress.com/2020/10/05/womens-law-in-india-till-2000/

Provision of offences against women in IPC part 2


Here I’m discussing few other offences mainly occuring against women’s Or girl child. beginning from where it all started.
Female foeticide is not hidden to us. It is a curse in today’s India. It is separately a very wide topic to discuss, like from history to present conditions , what are the so called reasons behind this curse and the different steps of government to overcome from this curse. But I’m referring here some sections of IPC (312 to 318)


THE CAUSING OF MISCARRIAGE, OF INJURIES TO UNBORN CHILDREN, OF THE EXPOSURE OF INFANTS, AND OF THE CONCEALMENT OF BIRTHS – INDIAN PENAL CODE (IPC)
As we can see, this heading is not specifically covering offences against women. Although, these sections is not discriminatory between male and female child but if we go in the deep, we can find these offences is generally committed against female child.
According to the Population Research Institute (PRI), around 15.8 million girls went missing in India due to prenatal sex selection between 1990 and 2018. Approximately 550,000 girls went missing in 2018 alone, PRI said.
Our Indian government passed the Preconception and Prenatal Diagnostic Techniques (PCPNDT) Act, 1994 making sex-selective abortion illegal. However, merely making it illegal did not stop it.
(For more information visit https://pndt.gov.in/)
We have also The Medical Termination of Pregnancy Act, 1971 allows for abortions where pregnancy carries the risk of grave injury to women’s health, therefore, making Ultrasound machines continued to be widely available throughout the country.
https://main.mohfw.gov.in/acts-rules-and-standards-health-sector/acts/mtp-act-1971

https://www.prsindia.org/billtrack/medical-termination-pregnancy-amendment-bill-2020
In the ground reality, somehow these offences is being committed in our society.
If people don’t miscarriage ,child is killed.
After giving birth Child is subjected to exposure and abandonment.
So we also have provisions for punishments in IPC for the related offences.
Section 312. miscarriage:
Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation-
A woman who causes herself to miscarry, is within the meaning of this section
Section 313. Causing miscarriage without woman’s consent :
It shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 314. Death caused by act done with intent to cause miscarriage :
Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term may extend to ten years, and shall also be liable to fine;
If act done without woman’s consent- And if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above mentioned.
Explanation-
It is not essential to this offence that the offender should know that the act is likely to cause death.


Sections 315 & 316- envisage the provisions relating to injury caused to an unborn child: They cover the situations where an act is done with the intention of preventing such child to be born alive; or causing the death of a child who’s quick unborn by an act amounting to culpable homicide.
Section 315. Act done with intent to prevent child being born alive or to cause it to die after birth :
If such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
Section 316. Causing death of quick unborn child by act amounting to culpable homicide.
It shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 317. Exposure and abandonment of child under twelve years, by parent or person having care of it :
This section deals with the offence of exposing a child under twelve years of age with an intention of wholly abandoning it, done by a parent or any person having care of it. An offender under this Section shall be liable with imprisonment of upto 7 years/fine/both.

Section 318. Concealment of birth by secret disposal of dead body :
Whoever, by secretly burying or otherwise disposing of the death body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Here we can see these sections is not discriminate between the legitimate child and illegitimate child.
Sometimes these offices is committed against the will of women, especially in the case of illegitimate child .
This is not enough. For marriage and after marriage demand of dowry and cruality is also done with women.
For preventing, we have DOWRY PROHIBITION ACT, 1961.
https://wcd.nic.in/act/dowry-prohibition-act-1961

We also have punishments in relation to some offences in IPC.
Section 304-B (Dowry Death)



This section was added in act in 1986.According to this if a woman dies within seven years of marriage by any burns or bodily injury or otherwise than normal circumstances and it was revealed that before her marriage she was exposed to cruelty or harassment by her husband or any other relative of the husband in connection to demand dowry then the death of the woman will be considered as a dowry death.
In this section burden of proof is on the accused.
Section 113B of the Indian Evidence Act,1872 states the presumption as to dowry death.
Punishment: Minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life.

Section 498A. Husband or relative of husband of a woman subjecting her to cruelty :- The object of this section (introduce in 1983 ) to protect married women from being subjected to cruelty by the husband or his relatives for demanding dowry.
Punishment: Imprisonment for a term which may extend to three years and shall also be liable to fine.
We should also read Section 113-A of the Indian Evidence Act,1872 Presumption as to abetment of suicide by a married woman.
Section 498: Enticing or taking away or detaining with criminal intent a married woman.—
Whoever takes or entices away any woman who is the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 493 :Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
In this section if a man by deceit causing a woman not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief it is a offence.
Punishment: It shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(For detailing of sections refer http://legislative.gov.in/actsofparliamentfromtheyear/indian-penal-code)
In the next blog I’ll be continued discussing this series of offences and conclude it.

For other women’s law (other than IPC)do visit https://monkeycapblog.wordpress.com/2020/10/05/womens-law-in-india-till-2000/

For part one do visit https://monkeycapblog.wordpress.com/2020/10/19/provision-for-womens-offence-in-ipc-part-1/

PROVISION of OFFENCE AGAINST WOMEN IN IPC PART-1

In this modern society in the one side where we are talking about women’s rights, we are looking for the true meaning of feminism and on the other side we can’t ignore the rising number of offences (specially sexual offences) and cruality against women .

It is not hidden from us how the people are raising Voice to make more effective & strict laws but if we go throughout  our existing legislations we can find more than sufficient existing laws & punishments.

 In the court you are not permitted to plead ignorance as a defense but practically there is exist the lack of knowlegde and it is obvious in this country( National Statistical Office (NSO) 2017-18, India’s average literacy rate is 77.7%.) .

If we spread awareness about these legislations and punishments so people will be aware about these kind of acts and may think ones before the committing these type of offences  and on other side victims will be aware about their protective rights.

I am referring here some relevant sections of Indian Penal Code, 1860  :-

Section 354: Assault of criminal force to woman with intent to outrage her modesty.

This section makes it a special crime to use force against a woman, or even threaten to use force, if the intention is to ‘outrage her modesty’. It treats it more seriously than normal and criminal force by allowing the police to make arrests for such crimes without a warrant.

Punishment: Imprisonment for the time of between one and five years along with a fine.

Section 354A : Sexual harassment and punishment for sexual harassment

 Sexual harassment is the:

*Unwelcome touching or other physical contact

*Asking or demanding sex or any other sexual activity

*Making remarks which are of a sexual nature

*Showing pornographic material which may include videos, magazines, books etc.

 Punishment: Imprisonment for the first three kinds of sexual harassment is three years as compared to the fourth type (making sexually coloured remarks) which is one year.

There is a separate law on sexual harassment at workplaces – The Sexual Harassment of women at workplace (prevention, prohibition and redressal) Act and Rules 2013.

Section 354B: Assault or use of criminal force to woman with intent to disrobe.

Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing1 or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Section 354C: Voyeurism 

According to Section 354C IPC, it is a crime to look at or capture (say by means of a photograph or video) a woman going about her private acts, where she thinks that no one is watching her. This includes a woman:

*using a toilet, or

*who is undressed or in her underwear, or

*engaged in a sexual act.

 Punishment:  imprisonment for the time of between one and three years along with a fine. If someone is found guilty of committing the same crime more than one time, the punishment is jail time of between three and seven years along with a fine.

Section 354D: Stalking

According to Section 354D IPC, Stalking is Continuously following a woman or contacting her,Either online or in person. Where she has clearly shown she doesn’t want the attention. It is punished by imprisonment for three years for a first offence, and five years for repeat offences with fine.

(https://vikaspedia.in/social-welfare/social-awareness/legal-awareness/legal-provisions-related-to-sexual-offences-against-women)

Sometimes we face this type of offences but we ignore.This is how we indirectly support those unwanted elements of society and later they commit more serious crimes.

Section 360 :Kidnapping from India Section.

361 :Kidnapping from lawful guardianship.

These sections are not only for the protection of women.

Section 363 : Punishment for kidnapping 

It shall be punished with imprisonment which extend to seven years and shall also be liable to fine.

Section 366: Kidnapping, abducting or inducing woman to compel her mar­riage, etc.—

It states that whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

(https://www.vakilno1.com/legal-news/sc-mere-abduction-does-not-establish-offence-366-ipc.html)

366A. Procuration of minor girl: 

Whoever, by any means whatso­ever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

Section 366B:  Makes  punishable  to Importation of girl from foreign country.

Punishment – It shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

Section 372 & Section 373 :

Selling & buying minor for the purpose of prostitution and punishment for these crime under Indian Penal Code is defined under Section 372 and 373 of Indian Penal Code 1860.  

Punishment : It shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

In the next blog I’ll be discussed some other provisions with respect to these type of offences.

WOMEN’S LAW IN INDIA TILL 2000

women’s, one of the most strongest living being on earth emotionally, mentally and sometimes physically too. They carry within themselves huge amount of energy to do all the things which would impossible for single individual to do. they are playing multiple roles at the same time she’s mother, daughter, wife, teacher, home-maker and leader too. but ,despite all this she’s the one who suffers the most. her sufferings started from very beginning means from her birth(i.e. Female Foeticide ) and she suffers till she left her body(i.e. sati). This suffering is not new but is as old as the existence of civilizations. though life is changing and India is developing yet women’s are suffering this can be easily seen in the stats provided by NCRB, which is increasing year by year and hence laws are need to be make more stringent and women’s were made more aware about these laws. here are some statutes already existing.

LAWS SPECIFICALLY FOR WOMENS IN INDIA

IMMORAL TRAFFICKING (PREVENTION) ACT, 1956 –

The act is in pursuance of international convention signed at New York on 9,may 1950 for the prevention of immoral trafficking. The act is dealing with trafficking of women’s and children’s. defining various terms like brothel, prostitution, child etc. Act also provides for the punishment for offence of human trade. it provides for the system for rescuing, providing shelters and body for speedy resolution of offence related to trafficking.

HINDU MARRIAGE ACT,1955-

Its an Act to amend and codify the law relating to marriages among Hindus. Act deals with various definitions and how marriage is concluded. It provides women right for restitution of conjugal rights under section 9 of the Act. It also provides remedy for women’s for getting Divorce under section 13 on the grounds provides and also on mutual basis under section 13.B of the act, one may can also apply for the judicial separation under section 10 of the act. it also talks about maintenance, alimony Etc. under 24 and 25. further act provides for punishments for offences and procedure and jurisdiction of bodies.

DOWRY PROHIBITON ACT, 1961-

This Act prohibits taking and giving of Dowry. This Act ensures Dowry in any form to be prohibited. This act provides what is Dowry and how one commits offence of it and about its punishment. it also provides that whatever one receives as gift must be used by her and her heirs. the act further provides about the procedure to obtain relief.

MATERNITY BENEFIT ACT,1961-

This Act is to regulate the employment in certain establishments for certain period before and after child-birth and to provide for maternity benefits and certain other benefits. This act has series of benefits like maternity leaves for up-to 26 weeks, she may claim for maternity payments and benefits, she is also entitled to medical bonuses, woman shall also entitled leaves for tubectomy, miscarriage. After birth of child, in office she is also entitled to have nursing brakes. it also protects when employer dismisses the employee for reason of absentees in pregnancy and it is in accordance with provision of the act. This act also prohibits contacts and agreements in contravention of the provision of this Act. this act has been amended recently in year 2017.

THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971-

An Act to provide termination of certain pregnancies by registered medical practitioners and for the matters connected therewith or incidental thereto. simply this act enables women to terminate her child for the reasons provided under section 3, which also provides for termination in case pregnancy leads to any harm to mother. and protects her from being merely way for succession of the family.

THE INDECENT REPRESENTATION OF WOMEN(PROHIBITION) ACT, 1986

An Act to prohibit Indecent representation of women through advertisement and publications, writing, painting, figures, or in any other manner and for matters connected therewith or incidental thereto. this Acts aim is to ensures the protection of the dignity of women by prohibiting any kind and any manner of Indecent representation. this act provide for penalties to offender of such act.

THE PREVENTION OF SATI (PREVENTION) ACT,1987-

An Act to provide for the more effective prevention of the commission of the sati and for its glorification and matters connected therewith or incidental thereto. this Act provides protection to women from practice of sati and punish those who involved in its glorification. it protects life of widow after the death of her husband. this act also prohibits, individuals who abets to commit sati, from inheriting property.

THE PRE CONCEPTION AND PRE-NATAL DIAGOSTIC TECHNIQUE(PROHIBITION OF SEX SELECTION) ACT,1994

This Act provide for the prohibition of sex selection before and after conception and to prevent use of pre-natal diagnostic technique for sex determination leading to female foeticides. This act was enacted to promote gender equality and to stabilize sex ratio at various states. this act prohibits not only scientific but also non-scientific and spritual methods for determining gender of the child. This acts protect the killing of girl child.

so, these were the acts which were enacted for eradication of situation of women’s India society after the independence and till 2000s. all these laws are special laws.

for complete legislation visit- https://www.indiacode.nic.in/

for crime against women data visit- https://ncrb.gov.in/en/crime-in-india-table-addtional-table-and-chapter-contents

featured image- pink legal

STORY OF PUBG in INDIA

PUBG (player unknown battleground) is not just a game for Indians, it is much more than that. the game is for someone’s reason for joy, for some its a way to become cool, for some its way to relax and stay connected with friends and for few its a career choice. Pubg is so common and famous in India that it only has potential to make person win election. This game has huge number of followers but at the same time it has hatters to who are the parents of those followers. it is so common that you can easily find a player in any colony of India. as per the gadgets NDTV Indian player constitutes about 24% of the total i.e 175 million installs, further India constitutes about 5% of the revenue of Pubg mobile i.e. 100 million dollars from India in 2019.

Now the government has banned Pubg mobile for Indians the reason is many one of them is clashes between India and China and the developer of Pubg mobile is Chinese company so, this will have effect monetary terms however government has said that the information used will be effecting sovereignty and security of India, Defence and public order and that’s the reason for ban for all other applications too. the other reason is to promote self reliance and the make in India ideology.

since Pubg mobile is banned in India people are looking for alternatives but it should kept in mind that PUBG PC is still in operation and you can still play It in PC. well everyone is looking towards FAU-G as alternative lets hope for the best from FAU-G wish it will stand on our Indians expectations.

feature image credit- div shots https://www.instagram.com/div_shots/

TIK TOK AND 58 OTHERS ARE BANNED IN INDIA !!

During the tension at galwan valley between INDIA and CHINA, Indians are desperately demanding boycotting Chinese products and services. Including websites and applications such as tik tok which recently, trending because of Youtube V/S Tik Tok war in India. Now, Indian government on 29 june 2020 has banned 59 Chinese applications after getting credible information about the apps being used for breaching privacy and security of citizens of India. also it is also provided under press release that these listed apps are somehow dangerous to sovereignty and integrity of the India, defence of India, security of state and public order.

so, from where does govt. get power to restrict our right to access information guaranteed by Article 19 of constitution.

firstly, from constitution itself under Article 19(6) which provides restriction on freedom provided under Article 19.

secondly, The Information and Technology act,2000 which was enacted for punishing offences related to computers and internet. it has only one major amendment that is in year 2008, adding various new offences. Indian govt. has banned these apps on androids and ios by invoking their power under section 69(A) of the IT act,2000 which provides as follows-

69 A Power to issue directions for blocking for public access of any information through any computer resource. –

(1) Where the Central Government or any of its officer specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2) for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.

so, under this law Indian govt. act and the press release is attached here with reason and list of apps https://pib.gov.in/PressReleasePage.aspx?PRID=1635206

featured image by- vaibhav div at https://www.instagram.com/p/CAxYAVwpGYm/

Legislation related to LOCKDOWN

COVID -19 have very deep effect over our lives all around the globe, whether its Economy of country, life style of people, scientific progress and development and even the laws of various countries. some countries adopted completely new legislation to deal with situations like United Kingdom. while other made amendments in existing laws like India. here we have made list of laws existing in various countries to deal with the situations of emergencies like LockDown.

Legislation in United Kingdom to deal with lockdown are-

Public health(control disease) act,1984

Corona virus act,2020-protects business and economy, along with this regulations were added like

health protection regulation act,2020

Italy another country which seriously affected by the virus provides following legal laws to deal with it-

constitution of Italy provides provison related to it under Article 35 and Article 77

other than this they provided Decree laws i.e. a decree having force of law, adopted by the Government in case of necessity and urgency, some of them are Decree law no. 23 and an other Decree law – is 6/2020

Laws related to lockdown in China are-

PRC law on the prevention and treatment of infectious disease,1989

Regulation on contingent public health emergencies,2003

PRC law on emergency response,2007

Laws in America are little to vague as because of its federal nature and hence America is not yet completely shut. however some of the laws are-

Public health and service act,1944

Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020

Disaster Mitigation Act of 2000

Pandemic and All-Hazards Preparedness and Advancing Innovation Act

so these were the Laws in force related to deal with current situation, if you find any thing contrary or incomplete. please do comment below and like if you find it informative. stay at home and stay safe.

if you wants to know laws related to lockdown in India you can see my last blog.

Legal Consequences of breaking Lockdown

Its been very difficult for many of us to stay at home during this lockdown. but its a necessary step for govt. to do, as it not only ensures your safety but also but also of others. staying at home have many advantages like safety from corona and protection from legal prosecution that can be initiated against you. so. if police find you they can charge you under following acts

1.Disaster management act,2005,

2. Epidemic disease act,1897,

3.Indian penal code.1860

In India penal code you can be charged under following section:-

section 188:Disobedience to order duly promulgated by public servant :- according to this section if any order passed by the public servant and any act in its disobedience or obstruction in his way will be punished with simple impris­onment for a term which may extend to 1 month or with fine which may extend to 200 rupees, or with both;https://indiankanoon.org/doc/1432790/

section 269:Negligent act likely to spread infection of disease danger­ous to life.—Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to 6 months, or with fine, or with both. https://indiankanoon.org/doc/734195/

Section 270:Malignant act likely to spread infection of disease danger­ous to life.—Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to 2 years, or with fine, or with both.https://indiankanoon.org/doc/1164731/

if you like it or wants to know any thing else do let me know in comments below.

BLOOD: LIFE LINE

Hello everyone, today I will be sharing some unknown facts about the most precious element of human body i.e blood – the lifeline let’s begin

Blood was first discovered by Karl Landsteiner in 1901 and also known as father of blood grouping and immunochemistry. He has discovered ABO blood group. He’ll be given Nobel Prize in 1930 for medicine.

William harvey in 1628 discover the circulation of blood

Roger Lee has defined the term Universal donor and Universal recipient and provide that O blood group can be infused in any blood type.

Blood contributes approximately 7% to human weight. That is somewhere stand between 4.5 to 5.5 in an healthy adult human body.

In 1952 bombay blood group was discovered by Y. M bhende which is available in about 0.004% only. If you like it do let me know in the comments below.