All posts by manasvi022


Prevention of Money Laundering Act, 2002 was enacted to fight against the criminal offence of legalizing the income/profits from an illegal source. The Prevention of Money Laundering Act, 2002 enables the Government or the public authority to confiscate the property earned from the illegally gained proceeds.

The Act provides for separate provisions bearing on attachment associate degreed arrogation of property; and a separate procedure for adjudging an offence beneath the Act. Though, the Act provides for a well set proceeding remedy against the attachment of the property, it conjointly lays down the facet of a Special Court for the trial of the regular offence along side the offence beneath the Act. However, procedure relating to any attractiveness against the order of the Special Court is prescribed to be ruled by the Criminal Procedure Code.
With the scene of the on top of provisions, it’s pertinent to notice that the aggrieved party will proceed for attractiveness to the judicature, court and Supreme Court, solely with relevancy attachment or arrogation of tainted property, being yield from crime. The Act doesn’t specifically impose for any recourse against the order of the Special Courts and refers to the provisions of the Code of Criminal Procure, 1973 for any attractiveness and revision of the order of the Special Court.

The Act empowers the Director to connect and confiscate the contaminated property suo-moto, for a most amount of a hundred and eighty days, providing he has reasons to believe that the property has been non heritable out of criminal yield of a regular offence.

  • Every year Brobdingnagian quantity of cash is generated from criminal sources or criminal activities like nonpayment, false accounting practices, criminal arms sales, smuggling, or drug traffic. The funds thus non inheritable are obtainted so brought into the same old national economy to create it clean, additional usable and bonafide.

    ‘Money laundering’ is that the name given to the method by that lawlessly obtained funds are given the looks of getting been licitly obtained.

    Legal definition

    The offence of cash washing is outlined underneath Section three of the bar of cash washing Act, 2002 (hereinafter “PMLA”) which may be scan, within the style of its essential ingredients, as:
  • Whosoever directly or indirectly
  • attempts to indulge;
  • knowingly assists;
  • knowingly could be a party; or
  • is actually concerned in any method or activity connected with-
    proceeds of crime together with its concealment, possession, acquisition or use and protruding or claiming it as stainless property shall be guilty of offence of cash washing.

    The expression “proceeds of crime” is integral to sketch the offence of cash washing. Section 2(u) of PMLA provides for the which means of the said expression as follows:

    Any property derived or obtained, directly or indirectly, by a person, as a results of criminal activity about the regular offence, or the worth of such property, or the property equivalent in price command within the country within the circumstances wherever laundered property i.e. income of crime is taken or command outside the country.

    It are often ascertained that the aforesaid expression should hold a larger interpretation for the term “property” utilized in it’s been given a wide definition within the PMLA.

    In Mahanivesh Oils & Food Pvt. Ltd. v. board of directors of Enforcement, the Hon’ble tribunal of urban center ascertained that cash washing involves 3 stages, that are as follows:-

    “The initial stage is Placement, wherever the criminals place the income of crime into the traditional national economy.

    The second stage is Layering, wherever cash introduced into the traditional national economy is bedded or unfold into numerous transactions among the national economy so any link with the origin of wealth is lost.

    And, third stage is Integration, wherever the profit or income of crime are on the market with the criminals as stainless cash.”

    Some of the wide used kinds of concealing and connected gang are structuring deposits, shell firms, third-party cheques, bulk money importation, gambling, false accounting, larceny, trading or graft.

    Scheme and purpose of the Act PMLA contains seventy five sections and a Schedule. The sections ar divided amongst ten chapters. The Schedule of the Act is split in 3 parts; half A, B and C, every of that lays down offences, additionally known as predicate offence, whose income are referred as income of crime. It includes of the offences underneath Indian legal code, Narcotic medicine and psychedelic Substances, Arms Act, the Immoral Traffic Act, the Explosives Act, the bar of Corruption Act & Wild Life (Protection) Act etc.

    Pre-enactment of the legislation, the laws addressing the problems of cash washing were scattered and inadequate to fulfill the present crisis. the necessity of the hour was to return up with a certain, clear and specific bill to tackle the involved issue that without delay was turning into larger and larger threat to economy. Thus, lawmakers introduced bar of cash washing Bill to stop this prime offence and activities incidental to that, that was gone by the Parliament on seventeenth Jan, 2003 and therefore the PMLA came into force with impact from first July, 2005.

    The Act was devised to stop and management concealing in Asian nation. it absolutely was developed like to confiscate (seize underneath authority) the property obtained from criminal sources and to wear down any issue within the extent and scope of cash washing like activity.

    It has been amended from time to time to cater to purpose of the legislation and broaden its scope to achieve each corner that remained unaddressed so far. Vide change Act of 2009 that came into force on 01.06.2009, and additional the change Act of 2012, that came into force on fifteen.02.2013, the scope has been additional increased.

    Punishment underneath PMLA: Section four of the Act prescribes the penalisation for the said offence. It maintains that whoever commits the offence of cash washing shall be punishable with rigorous imprisonment for a term that shall not be but 3 years extendible up to seven years and shall even be at risk of fine. The term can even extend up to ten years if the income of crime concerned in concealing relates to any offence such that underneath Paragraph two of half A of the Schedule.

    Section forty three empowers the Central Government to represent special courts for the trial offences underneath Section four. in line with the section 45, the aforesaid offence is non-bailable.

    It should be borne in mind that power of judgment authority that is additionally appointed by the Central Government (under Section six, PMLA) is restricted to hold out the investigation on whether or not the property hooked up provisionally by authorities underneath the Act is on affordable grounds or not. Hence, overlap of powers between the manager and therefore the judiciary is avoided.
    Conventions, primarily operating to plan anti-money washing rules so as to wear down menace of cash washing and obviate such danger at world level.  International Convention for the Suppression of the funding of act of terrorism (1999) and global organization Convention against Corruption (2003).


Money laundering is associate economic menace inflicting injury to the economic, political and social material of the economy. it’s a method by that outlawed origin of the criminal income is disguised. this era of globalization has created the planet economy, world village by creating it a lot of interactive, tangled, reticulated and interconnected however at a similar time has unleashed the flood gates of opportunities for the criminals to expand, grow and prosper. Least developed economies and developing economies like Indian economy square measure a lot of vulnerable of being moving into the clutches of cash launderers. As developed economies have stronger money controls and effective laws to visualize the activities that results in the menace. Weak economic system and management existing in least developed and developing countries offer entry and helps the cash launder in establishing their foothold in same countries. This paper deals with impact of cash washing on the Indian economy and assessment of the appropriateness of a penal provision gift in India for coping with menace. The conclusion section of this paper throws chance upon the penal system prevailing in India and its good and can facilitate the policy manufacturers and legislators to require call concerning having an inspiration upon creating a lot of demanding penal provision exploitation that the menace may be checked.

Effectiveness :

It is to be noted that even after so many efforts and prevailing laws, India is among six countries being actively monitored by Interpol and International banking watchdogs after the detection of massive money-laundering because of inadequate internal compliance procedures.

Omission of proviso provided under Sections 17(1) and 18(1) of the PMLA

In Sections 17(1) And 18(1) of the PMLA, the following provision has been deleted, namely:–

“Provided that no search shall be conducted unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 157 of the Code of Criminal Procedure, 1973(2 of 1974), or a complaint has been filed by a person, authorized to investigate the offence mentioned in the Schedule, before a Magistrate or court for taking cognizance of the scheduled offence, as the case may be, or in cases where such report is not required to be forwarded, a similar report of information received or otherwise has been submitted by an officer authorized to investigate a scheduled offence to an officer not below the rank of Additional Secretary to the Government of India or equivalent being head of the office or Ministry or Department or Unit, as the case may be, or any other officer who may be authorized by the Central Government, by notification, for this purpose.”

The impact of deleting the proviso from Sections 17(1) And 18(1) of the PMLA, is that the authorized officer under the PMLA can enter any property for purpose of conducting search and seizure, and the search of any person, even in absence of any reporting of the scheduled offence to a Magistrate or court for taking cognizance of the scheduled offence or to the Additional Secretary to the Government of India or equivalent being head of the office or Ministry or Department or Unit, as the case may be.

The deletion of the proviso is only going to have prospective operation in law. There seems to be no conflict.

Insertion of explanation to the provision of “Offences to be cognizable and non-bailable” under Section 45(2) of the PMLA

In section 45 of the PMLA, after sub-section (2), the following Explanation has been inserted, namely:–

“Explanation.– For the removal of doubts, it is clarified that the expression “Offences to be cognizable and non-bailable” shall mean and shall be deemed to have always meant that all offences under this Act shall be cognizable offences and non-bailable offences notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974), and accordingly the officers authorized under this Act are empowered to arrest an accused without warrant, subject to the fulfillment of conditions under section 19 and subject to the conditions enshrined under this section.”

This explanation puts an end to a much long controversy, as there were contradictory judgments of the various High Courts on the point whether the offence of money laundering is cognizable and non-bailable or non-cognizable and bailable.

Under the Criminal Procedure Code, 1973 (Cr.P.C), the meanings of cognizable and non-cognizable offence are as under:

  • ‘Cognizable Offence‘ means an offence in which, a Police officer may arrest without any warrants or orders of the court.
  • ‘Non-cognizable Offence’ means an offence in which a Police Officer has no authority to arrest without warrants.

In general parlance, if an offence is a cognizable offence, it means that the Police Officer has the power to arrest and investigate without the permission of the Court, and for the non-cognizable offence, it is vice-versa.

The impact of the present explanation and the question of its retrospective or prospective operation are of not much importance, as, under the PMLA, there are separate provisions for search, seizure and arrest and the same are not dependent on the provision of the Cr.P.C. As per Section 65 of the PMLA, the provision of Cr.P.C shall apply only to the extent of not being inconsistent with the provisions of the PMLA. The issue of arrest of a person or investigation under PMLA are not dependent on whether the offence is cognizable or not.

The Division Bench of the Bombay High Court in the case of Chhagan Chandrakant Bhujbal v. Union of India ( has held that it does not matter whether the offence under PMLA is cognizable or non-cognizable since the power of arrest conferred under Section 19 of the PMLA is not restricted by such characterization.

The Government of India has again brought major amendments in the PMLA through the Finance Act, 2019, by avoiding the normal route of introduction of the amendment bill in both the houses of Parliament. Needless to mention, the recent amendments in the PMLA would beget multiple litigation and challenges to such provisions, their interpretation and application.


Police are one of the most important organisations of the society. The policemen, therefore, happen to be the most visible representatives of the government. In an hour of need, danger, crisis and difficulty, when a citizen does not know what to do and whom to approach, the police station and a policeman happen to be the most appropriate and approachable unit and person for him.[1]The police are expected to be the most accessible, interactive and dynamic organisation of any society. Their roles, functions and duties in the society are natural to be varied on the one hand; and complicated on the other. Broadly speaking the twin roles of the police are maintenance of law and maintenance of order. However, the ramifications of these two duties are numerous, which result in making a large inventory of duties, functions, powers, roles and responsibilities of the police organisation. Vesting of varied powers in the hands of police, while necessary to perform their duties on the other hand leaves door to misuse and hence infringement of Human Rights. This article will deal with Powers of Police, incidents of misuse of power, legislative checks and judicial control of police activities.

Definition of Police

The term police have neither been defined in the Criminal Procedure Code nor in the Police Act 1881 nor in any State Police acts provides only the structure and organization of police force in the states.

Black’s law dictionary defines “police” As (1) “the governmental department charged with the perversion of public order, the promotion of public safety, and the perversion and detection of crime” And (2) “the officers or members of this department”.[2]

The police force as an organized body came into being in England in the 1820’s when Sir Robert Peel established London’s first municipal force.[3]Before that, policing had either been done by volunteers or by sliders in the military service.[4]

The UN Code of Conduct for law enforcement officials defines “law enforcement officials”[5]As including all officials whether they are elected or appointed who exercise police powers, especially the powers of arrest or detention[6]and also include military personnel who exercise police powers whether they are allotted with police uniform or not.[7]

The term “police” can simply be defined as any person or body of person created by the authority of the state, obligated and empowered to maintain law and order, prevention and investigation of crimes.[8]

International Commitments
one of the important purpose of the UN charter is to promote and encourage human rights and fundamental freedom which is also included in International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.

Article 3 of the UDHR provides:[9]
Everyone has the right to life, liberty and security.

Similarly, Article 6(1)of the ICCPR provides:[10]
Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Article 5 of the UDHR provides: [11]
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Further right to equality before law and right to effective remedy for acts violating the fundamental right have been guaranteed Article 9 of the Declaration provides:[12]
No one shall be subjected to arbitrary arrest, detention or exile. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligation and of any criminal charge against him. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in public trial at which he has had all the guarantees necessary for his defence. No one shall be held guilty of any offence on account of any act or omission which did not constitute a penal offense under national or international law at e time when it was committed.

Article 7 of the ICCPR further provides:
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
It has been further provided that everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. The right of fair hearing and equality before the courts has also been guaranteed.

In addition to this, there are standard minimum rules for the treatment of prisoners; declaration on the protection of all persons from being subjected to torture and other cruel, inhuman or degrading treatment or punishment; convention against torture and other cruel, inhuman or degrading treatment or punishment and code of conduct for law enforcement officials.[13]

Nature And Extent of Police Atrocities:

Due to continued police brutality and torture during the past two decades it seems that custodian of law have became the law-breakers. After the eighties the police seem to e more concerned with lathi- wielding attitude and its brutality and use of third degree methods by it has become the order of the day. The mounting police atrocities and other repressive measure are the instances of violations of human rights.

I. Police atrocities during emergency:
During the emergency period in march 1976, a satyagrahi was taken into custody by the police, but no case was registered against him. He was kept in illegal confinement for a few days during which he was subjected to various kinds of physical torture like stamping on the bare body with heeled boots, beating with cane on the bare soles of feet, beating on the spine, beating with rifle but inserting live electric wires into body crevices, burning with lighted cigarettes and candle flame, etc.[14]

In Kerala, police atrocities took ugly turn when all prisoners were stripped to their underwear and beaten by group of 10 to 12 constables. No food was provided while in custody. If physical signs of beating are too obvious they were not produced before a magistrate but moved from station to station. Madhya Pradesh was such a state where maximum number of prisoners were kept in jail during the operation of emergency. In Gwalior district jail, political prisoners were kept along with notorious dacoits and were allowed to be abused by them.[15]

II. Nature of police atrocities-after eighties:
After 1980, police has resorted to more repressive techniques as not to leave any scar of police atrocities on the body of victims. Even minors were not spared at the hands of police. Young boys were supplied to convicts for their delectation, some tortured into impotency, hanged upside down, ruthlessly beaten, given electric shocks etc. Brutal methods were adopted for forcing confessions.[16]

III. Death in police custody:
After the seventies death in police custody has became very common. These deaths are usually the result of torture to extort information or to teach the person concerned a lesson.

IV. Torture:
It is a common fact that police brutality and torture have long been widespread throughout India. Such methods are frequently used when people suspected of ordinary criminal offences are interrogated by the police. In order to extract confessions or for purpose of intimidations the police use extreme type of physical harm to the suspected persons. Torture is reported to have taken place in police stations although a few cases of beating in prisons have also been reported.[17]

V. Atrocities against women:
The Mathura rape case was an incident of custodial rape in India on 26 March 1972, wherein Mathura, a young tribal girl, was raped by two policemen on the compound of Desai Ganj Police Station in Chandrapur district of Maharashtra. The Supreme Court ruled in Tukaram Vs. State of Maharashtra,[18]that there were no injuries on the person of the girl, which meant that she did not put upresistance and that the incidence was a “peaceful affair”. After the Supreme Court acquitted the accused, there was public outcry and protests, which eventually led to amendments in theIndianrape lawviaThe Criminal Law (Second Amendment) Act 1983 .


About Breast Ironing

Breast ironing which is also known as the “breast flattening”, refers to the massaging and pounding of the girl’s breasts of the pubescent period, using the heated or the hard object, it is tried to either stop them from developing or to get disappear. It is carried out by the “misguided intention” of the close female of the victim, traditionally done by a grandmother, mother, aunt, or any female guardian. According to the United Nation, it is performed to protect the girl from the rape and sexual harassment and to prevent the early pregnancy which could corrode the family name and reputation. This allows females to pursue education instead of forcing them for early marriage.

Where Does It Happen

Breast ironing is common in West and Central Africa, including Guinea-Bissau, Chad, Togo, Benin, Guinea-Conakry, Côte d’Ivoire, Kenya and Zimbabwe and it’s particularly prevalent in Cameroon: there, the number of girls who have been subjected to breast, ironing is estimated to be as high as one in three (around 1.3 million)[1].

According to the United Nation’s worldwide data, 3.8 million teenagers have been affected by breast flattening. At least 1000 girls from the west African community of the UNITED KINGDOM have been subjected.

Health Consequence Of Breast Ironing

The use of hard objects and their force and lack of aftercare may develop some serious health conditions like:

  1. Itching
  2. Cysts
  3. Tissues damage
  4. Infection
  5. Abscesses
  6. Discharge of milk
  7. Severe fever
  8. Dissymmetry of breasts

Socialization Of Young Girls

Breast ironing has been an embedded part of the socialization of young girls from affected communities for quite some time.
The growth of a girl’s breasts during puberty is seen as linked to the emergence of her sexuality; if left unchecked, this will bring “problematic” and “destructive” implications for family and community status quo (patriarchy)

However, if we go by the research it suggests that the African mothers perform this to prevent the early marriages of their daughters and keep them longer for schooling. The mentality of the females shows the view that if the breasts were held back from the development then it cannot be viewed for the rapes and sexual harassment. However, their medical consequence is ignored.

Law Against Breast Ironing

There is no specific law regarding breast flattening within the UK and no one has even ever prosecuted for regulating such practice. Breast ironing is totally “illegal and child abuse”. The child is at risk of suffering physical and mental damage. This is a complex issue which is needed to be solved.

A Global Problem
A statement by the breast flattening survivor – “My mother took a pestle, she warmed it well in the fire and then she used it to pound my breasts while I was lying down then she took the back of a coconut, warmed it in the fire and used it to iron the breasts. I was crying and trembling to escape but there was no way.[3]”

Just a wonder such practice still get regulated somewhere in this world, where everyone is so educated and live such a modern lifestyle.

The breast ironing is situated with the ideology which looks the sexuality as shameful, which is denied and hidden. In the UK there runs a social movement called “The Girls Generation” for changing the social norms and social mindset. Still, this is a global problem. The focus needs to be put on the underlying inequalities which devalue the female body. Prohibition of such practices may hopefully bring new life and values to females.

It is a harmful cultural practice around the world that doesn’t get sufficient attention. Directly it’s a child abusive practice that ultimately reflects the female submissiveness and the complete control over female sexuality. There are still a million people in this world who don’t have a little thought about such harmful regulation. Such practice needs to get the awareness of the people and the government needs to take some action for its prohibition.

The female puberty is needed to be cherished but not to be held in the vulnerable hands. Ironing the breast is not the solution to prevent sexual harassment and rape against them.

Thousands of girls have been subjected to such practice which just causes cruelty towards them and this needed to get the stop. A female body is not a shame. The Female body is so beautiful in whichever manner it is formed by the almighty. No one should be given much power which could diminish its shine and beauty. Everybody is beautiful and needed to be protected.


In India, The Medical termination of pregnancy Act was passed almost five decades ago. But, Abortion is still considered a taboo and debatable topic for many. According to National study of the incidence of abortion and unattended pregnancies, Almost 15.6 million abortion was performed in 2015.

Currently, one out of four abortions are terminated in health facilities (Public sector) which is the main source of health care for paupers & almost 3 out of 4 abortions are careered by using MMA drugs from chemists and local vendors. After fifty years of legal legislation, most the women in India are still deprived of safe abortion care due to multiple reasons like lack of proper information, the difference in socio-cultural beliefs in different rural-urban areas. This article critically reviews the history of abortion law and highlights policies for Medical Termination of Pregnancy Act.

Life began from the womb of the mother and abortion is the destruction of life. Many people also raise questions on social, moral and legal aspects of abortion and according to them, women have a moral duty to give birth to a child and protect the fetus also. From this view, the obvious question arises whether the women have the right to abortion or not?

Abortion as a human right
Human rights are those rights which are available to all the human beings irrespective of caste, colour, creed, religion and nationality etc. Right to life is the most important human right. Article 6(1) of the International Covenant on Political and Civil rights prohibits the arbitrary deprivation of human rights.

Many controversies are related to this right and right to abortion is one of them. Every mother has a right to abortion but this right has to balance with the right of the unborn child. Earlier, abortion was opposed by society and considered as a murder of the embryo. In recent years, formal policies and laws are indicating the intent of government for promoting the reproductive rights and every woman has a complete right over her body

However, the validity of abortion laws has been questioned on the basis of the constitutionality of Right to life of an unborn child. This issue becomes a debatable topic in many countries especially The United States and Northern Ireland.

In the Leading Case: Roe v. Wade[1]
: Jane Roe challenged the constitutionality of Texas Criminal Abortion laws in the Supreme Court of The United States. The petitioner pleaded that these laws were vague, unconstitutional and encroaching her right to privacy. On the other hand, The The state of Texas argued that fetus is a Person within the meaning of the Due process clause of the fourteenth Amendment of the United States Constitution.

The Court held that the State cannot restrict the women’s right to abortion during the first trimester which try to balance the State’s interest with the individual’s interest. The State can regulate the procedure during the second trimester in a reasonable way related to maternal health and in third trimester, the State can restrict abortion in a way as it thinks fit.

Indian perspective on abortion

Abortion is strictly prohibited by the Smirtis, Vedas and Upanishads. But, it was still practised clandestinely because it was illegal. But, in 1971, after passing of the Medical termination of pregnancy Act, medical termination of pregnancy by registered medical practitioners becomes legal. The object of the Act was to eliminate the high incidence of illegal abortions and confer Right to Privacy to women which includes right to space and to limit pregnancy and the right to decide about her own body.

In the leading case of Suchita Srivastava v. Chandigarh Administration[2], The Supreme Court affirmed the women’s right to choose in respect of continuing pregnancy. The Supreme Court held that the state has an obligation to protect the reproductive rights of women as a part of Article 21 of the Indian constitution.

Section 3 of the MTP Act, 1971 Act lays down condition under which pregnancy can be terminated.
It can be terminated:

  1. Where the length of the pregnancy doesn’t exceed 12 weeks and medical practitioner is of opinion that,
  2. And if the length of pregnancy exceeds 12 weeks but doesn’t exceed 20 weeks and at least two registered medical practitioner has opinion that:
    1. Continuance of pregnancy involves a risk to life or grave injury to physical or mental the health of the women.
    2. There is a substantial risk involved that child would suffer from physical or mental abnormalities as to be seriously handicapped.
  3. If pregnancy is caused by rape.
  4. Failure of any device or method which is used by the married couple to limit the number of children.

Latest amendment in MTP act, 2020

  1. On 2nd March 2020, The MTP (Amendment) Bill was introduced by the Minister of Health and Family Welfare. The bill adds the definition of the termination of pregnancy to mean procedure to terminate by surgical methods.
  2. The bill amends the section 3 of the Act also. The termination of pregnancies up to 24 weeks only apply to the categories of women which may be prescribed by the central government. The central government also notify norms for the medical practitioners whose opinion are required for termination of pregnancies.
  3. Earlier, if the pregnancy occur as a result of the failure of any method or device used by married women or her husband to limit the number of children, it amounts to grave injury to the mental health of women. The Bill replace the married woman or her husband with women or her partner.
  4. The Bill also lays down the establishment of the Medical board for every state. The board will consist of the following members: 1. a gynaecologist, 2. a paediatrician, 3. a radiologist or sinologist and 4. Any other member who may be notified by the state government.
  5. The bill also promotes the Right to Privacy and states that no medical practitioner will reveal the name and other details of women whose pregnancy has been terminated, except to the person authorized by the law. Whoever violates this the rule shall be punishable with imprisonment which may extend to one year or fine or both.
  6. The Central Government will also notify the norms for a medical practitioner whose opinion is required for abortion.

Punishment for illegal abortion

Section 312 to 316 of the IPC deals with the penal abortion. It is covered under the offences against the human body.

  1. According to Section 312, 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. A woman who causes herself to miscarry, is within the meaning of this section.
  2. According to Section 313, Whoever com­mits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 1[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.
  3. According to Section 314, 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 which may extend to ten years, and shall also be liable to fine; If an act is done without woman’s consent.—And if the act is done without the consent of the woman shall be punished either with 1[imprisonment for life], or with the pun­ishment above mentioned.

View of supreme court on termination of pregnancy

  1. Case: Mrs X v. Union of India[3]: The Court held that women’s right to reproductive choice is also a dimension of her personal liberty under Article 21 of the Constitution and right to bodily integrity allows her to terminate her pregnancy and allowed the termination of 22 weeks old pregnancy.
  2. Case: Nikhil D. Dattar v. Union of India[4]: In this case, the validity of section 3 and 5 of MTP was challenged on the ground of non-inclusion of eventualities vires of the Act. The foetus was diagnosed with complete heart blockage. The petitioner sought to terminate the pregnancy after 26 weeks. The Petitioner also contended that section 5 should be read down to include eventualities In section 3 and directions should be issued to respondent to allow the petitioner to abort the child. The Court rejected the petition and held that since the period of 26 weeks has already passed, the court cannot pass any direction for exercise of any right under section 3nof MTP Act.
  3. Case: D. Rajeshwari v. State of Tamil Nadu & Ors[5]: In this case, The 18 years old unmarried girl prayed to terminate the pregnancy of child in her womb on the ground that bearing of the child for three months made her mentally ill and the continuance of pregnancy will cause a grave injury to her mental health. The Court granted the termination of pregnancy as it was a result of rape.
  4. Case: Murugan Nayakar vs. Union of India[6], The apex allowed the termination of pregnancy of 32 weeks old pregnancy of 13 years old victim after considering the age of victim, trauma she suffered due to sexual abuse and the report of the Medical board. The Court held that it is appropriate to allow the termination of pregnancy.

An evil practice can be curbed not by cutting the stems growing on the trunk above the ground, but by eliminating the roots standing beneath. Social awakening, equality, vigorous campaigning against female foeticide, honest and full enforcement of dowry prohibition, sexual harassment laws are the steps towards uprooting the practice of female foeticide[7]

The objective behind legislating the termination of pregnancy is to provide quality abortion care to all women by increasing accessibility and affordability to safe abortion. There is also a need to bring awareness regarding abortion and contraceptive methods among the youth especially. This requires political will, adequate facilities, infrastructure and training.


As we all know rape is considered as a heinous crime in our society. Section 375 of Indian Penal Code defines the offence of rape and its essentials, while section 376 prescribes punishment with death or life imprisonment.

Under section 375 a man commits rape upon a woman under following circumstances:

  1. Against her will
  2. Without her consent
  3. When her consent is obtained by threat or fear of injury to person she is interested in.
  4. When consent is obtained by fraud or misconception of fact person representing to her as husband.
  5. With her consent when obtained by reason of unsoundness of mind or state of intoxication
  6. With or without consent when the age of woman is under 18.
  7. When she is not able to communicate her interest

After the Nirbhaya Gang Rape case: there have been demand from jurists, social workers to amend the existing laws the old laws did not provide any stringent punishment to the rapist. So the law commission decided to amend existing procedural and substantive rape laws of the country.

Section 376A was added and onus to prove innocence was shifted on the accused and identity of the victim was said to be kept confidential by the courts. Custodial and rape during the judicial separation were also included in the other words the whole rape law was changed.

The Supreme Court in many cases interpreted the section 375 one of the landmark case Dileep Kumar v/s.; State Of Bihar demarcated Against her will means sexual intercourse despite resistance whereas Without her consent means absence of proper deliberation and intelligent case.

The court also held that a false promise to rape does not amount to work if the accused is able to show that his intention was not dishonest from the beginning. Also section 90 cannot be clothed in language to convict the accused section 90 deals with consent given under misconception.

Uday vs. State of Karnataka:

It was the first time Supreme Court held that consent given on false promise to marry cannot come under section 375. It would depend on facts and circumstances of each case like the age, social and educational background of that victim, her status in the society would also be taken in to consideration.

Whereas in State of Uttar Pradesh vs. Naushad held that from the beginning accused did not have intention to marry the victim so the prima facie evidence is against the accused. In my opinion there is a difference between mere breach of promise and false promise to marry the intention will be inferred from the conduct of accused
In Gurmit Singh vs. State of Punjab while holding the accused liable under section 376 consent and submission are not of same meaning. A consent given under force or duress vitiate a valid consent.

It should be noted that penetration is sufficient to constitute the offence of rape
Some landmark cases are Raghubir Singh vs. State of Himachal Pradesh, Mohan Singh vs. National territory of Delhi

After reviewing the landmark cases I have reached the conclusion that sections 375 is a complete rode and section 90 holds no application in the offence of rape. Therefore the law makers have rightly amended the existing rape laws which were repugnant with the social conditions. There have been major developments in the field of law like the minimum punishment for the rape is not less than 7 years. We can only hope from the society that they will be bound by the rules .


Over the last few years, the Media and Entertainment Industry (M&E) has grown and gained significance in India. It is estimated to generate approximately USD 35 million in revenue. The M&E Industry has gained innovative technological trends and increase in internet usage by suppliers and consumers.

Being a wide sector, there is high probability of misuse in M&E. For effective regulation, various legislations with equally varying purposes have been enacted. Legislations like Cinematograph Act, 1952, The Cable Television Network Regulation Act, 1995, The Information Technology Act, 2000 is applicable for regulating content on mediums of exhibition like cinema theatres, television and internet.

Legislations like Copyright Act, 1957 and Trademarks Act 1999 was enacted for protecting intellectual properties like trademark and copyrights. The punishments for offences such as defamation, hurting religious sentiments, etc. that take place in this industry are dealt under the Indian Penal Code, 1860.

The first area of concern in the M&E sector is Right to free speech and censorship. The freedom of communication and expression through mediums such as electronic media and published articles is a fundamental right under Article 19 of the Constitution of India. Article 19 guarantees freedom of speech as an integral aspect of each individual’s right to self- development.

In Brij Bhushan & others vs. State of Delhi, the court held that censorship will impose obvious restrictions on freedom of speech and expression.

Various authoritative bodies like CBFC, I&B Ministry are imposing restrictions by censoring films to curtail creative freedom of speech and expression. Examples of such censored films include Udta Punjab, Lipstick under My Bhurkha etc. As Democracy is the most important feature in today’s world and an effective democracy requires free expression of opinion.

The second area of concern in the M&E Sector is copyright infringement and trademark protection. The Copyright Act, 1957 provides copyright protection and registration of literary, drama, music, sound recording and artistic work. The main purpose of the act is to prevent the abuse of monopolies provided by the copyrights and creating an equal balance between individual rights and public interest. The Trademarks Act of 1999 mandates protection to names, titles, word, letter, graphic artwork, shape of products, words and combination of colors. This act incorporates the provisions for remedies in case of infringement of trademark.

The third area of concern is piracy. Online piracy means stealing an owner’s property from the internet that has already been licensed and resulting in damage and loss. Under the M&E Industry, the film sector loses $2.8 billion of its total revenue to piracy every year. The rise of digital downloads and availability of cheap rental options makes the movie theatre business go down. The major source of piracy is because of cam- cording in theatres and release of films in other countries a day before the release of the film. These films are released online even before the actual release.

To prevent piracy of the films, producers and film makers has to obtain John Doe orders from the court. In Shreya Singhal v/s Union of India, the court held that removal of the online content should be done only if the adjudicatory body issues an order compelling intermediaries to remove the online content. When the involved parties fail to comply with the order to eliminate illegal content, the Supreme Court decision protects the intermediaries from liability.

Under the Copyrights Act, 1957, sections 54 to 62 deals with the provisions of civil remedies that are available for copyright protection in civil courts. Section 63 to section 70 deals with the provisions for criminal remedy when a person knowingly infringes the copyright in a work, other rights conferred by the act or knowingly abets the infringement.

Any person held guilty will be prisoned up to 3 years but not less than 6 months, has to pay fine not less than fifty thousand rupees but may extend up to 2 lakhs, searching and seizure of the infringing goods and delivery of the infringed goods to the owner. There has been an increase in the criminal cases filed for hurting of religious sentiments, defamation, sale of obscene objects, etc. Most complaints filed are for the sake of publicity and media attention. The nuisance caused due to such cases is a big hurdle in the industry.

The M&E industry is a continually innovating industry which is governed by multiple regulations. The key areas of concern – Right to free speech and censorship, Trademark infringement and Piracy are driving factors to ensure protection of right and establish fair rules of playing in the market. Legislations in these areas pave the way for the expansion of the industry.

Fashion and Intellectual Property

Intellectual Property is the basis for protecting your concept and your idea, regardless of whether you are in Fashion or in any other industry. Intellectual Property is the body of Law that protects the creative process. Intellectual Property is simply an intangible property. The ideas are not protectable, but artistic expression of an idea is. Intellectual Property Law is basically a mix of Trademark, Copyright and Patents.

Fashion industry covers a wide ambit of Intellectual property rights within it. Fashion industries are just only with collection of clothes but also footwears, jewelry’s, accessories etc. fashion industry is rapidly growing and many Indian Designers such as Ritu Kumar, Rahul bal , JJ Valya have succeeded in protecting their fashion designs.

As per study conducted by the associated chambers of commerce and industry India (ASSOCHAM), the domestic designer apparel industry in India by year 2020 will cross over Rs 11,000 crore. Even though contribution of Indian designer worldwide is minimal to 0.32% but by year 2020 it may reach by 1.7%.


Trademark Law probably has the biggest impact on Fashion. It’s the brand or the logo. It can be also more than just a name. Every great brand has a Trademark like Kate Spade, Calvin Kevin, Ralph Lauren, Channel, Gucci, LOUIS VUITTON, H&M, Tiffiny & Co. etc . All of these brands are well known and Trademarked. I believe that the real primary purpose of Trademark Law is to avoid confusion in the marketplace amongst costumers.

Can you Trademark Colour?

Christian Louboutin V. Yves Saint Laurent[1]
This case can be said to be landmark case to create awareness in public regarding the Fashion Law. A Trademark case involves Christian Louboutin and his red soles. Christain louboutin is a French designer who has Trademarked in the US and in a number of other countries around the world. It is widely recognized that when you see that red, you knew it its Christian Louboutin shoe. It is very high definition of Trademark.

Ferrari red, tiffinay & co. colour blue. There are many companies that have established good Trademark rights in color.

Copyright protection

A Copyright is nothing more, nothing less, than a right to Copy. Its designed to encourage more artistic creation and expression by giving creation control. The moment you put pen or paper to draw a design or drawing, creating sculpture or compose a musical piece , you have a Copyright in that work. Overall, the cut and silhouette and shape of a dress is not protected by Copyright Law. You don’t want Copyright to protect, for example the cut of Jacket because Jacket has two arms and buttons, think of your standard blazer.

For example Diane Von Furstenberg wrap dress, the wrap dress itself is not protectable, but the design is protectable.

Star Athletica V. Varsity Brands[2]

The star case Athletica case dealt with a simple question which is if you have series of sizes and shapes on an article of clothing, is that protectable? An employee of this company that made pretty much all the cheerleaders uniform in the country went to another country and copied some of the designs of his original employer. His new company was sued for Copyright infringement. The Court looked into two different aspects of the designs. Theirs is the more Utilitarian Design , Like the cut of the uniform, versus the designs, the images that were on the uniforms. The Court states that the Copyright would not protect the cut of the apparel , but would protect the design.

In Rajesh Masrani v Tahliani Design [3] 30the Division Bench of the Delhi High Court was provided with an opportunity to respond to some aspects highlighted above. In the case, the Plaintiff alleged that the drawings which it made in the course of developing garments and accessories were artistic works under Section 2(i)(c) of the Copyright Act, 1957. The patterns printed and embroidered on the fabric were also alleged to be artistic works, as were the garments finally designed. The plaintiff also alleged infringement of copyright in these various artistic works, and a Single Judge issued an interim injunction in its favor.


Piracy is very common in art and design industry. It involves unauthorized copying of original fashion designs. Designs are counterfeited and knocked off.
Designs made by fashion designers can be protected under various categories of Intellectual Property as follows:

  1. The sketch design can be registered as artistic work under copyright act, 1957.
  2. Design can be well protected under desgins act under class 02,03,05,10 and 11 of third schedule of design rules 2000).
  3. Colour combinations can be protected under copyright act,1957.
  4. Fabric or any material used in art or design can also be protected under designs act, 2000 and patents act 1970.
  5. Logo designs are protected under the trademarks act, 1999. Louis Vuitton handbag covered with repeating pattern of brand is well known by LV mark.

Revelant Legal Provisons relating to this Industry

IPR Law in India provides protection to the fashion design under three legislations i.e.

  1. The Designs Act, 2000,
  2. The Indian Copyright Act, 1957,
  3. The Trademarks Act, 1999 and GI Act, 1999.

From the perspective of Fashion Industry, the Acts do not protect the entire garment as a whole; rather it protects the particular/individual aspects like shape, pattern, colour etc. of the garment.

  1. Protection under Design ActThe Designs Act 2000, is drafted for the protection of the non-functional aspects of an object, having visual appeal, such that design that include the features of shape configuration, pattern, ornament or composition of lines or colours applied to any two dimensional or three dimensional or on both forms. Such a design right remains in force for a period of ten years, extendable subject to conditions, for a total period of 15 years.

    Section 22 of The Design Act [4]states that in the case of piracy of a registered design, the infringer shall be liable to pay the registered proprietor of the design a sum not exceeding Rs25,000 recoverable as a contract debt; if the proprietor elects to bring a suit for the recovery of damages for any contravention of the rights conferred to him and for an injunction against repetition of it, damages may be awarded and the person may be restrained by injunction.

    The design registration system in India is time bound and the fastest of all IP registration procedures. Once registered the proprietor enjoys monopoly and exclusive rights not only against copies of the protected design, but also against substantially similar products.
  2. Protection under Copyright ActA fashion design which is capable of being registered as design under the Designs Act, 2000[5] and registered as per the provisions of the Act will get copyright protection only under the Designs Act and nowhere else. In this scenario, copyright in registered fashion design will subsist for a maximum period of fifteen years. Fashion design, which is capable of being registered as design under the Designs Act, 2000 but not so registered will get copyright protection under the Copyright Act, 1957. Copyright in fashion design, in this context, will subsist up to fiftieth (50th) reproduction by an industrial process of the article to which design has been applied.

    Section 15 of The Copyright Act [6]provides for special provisions stating that copyright shall not subsist in any design, which is registered or capable of being registered under The Design Act. Another important parameter of this provision is that copyright in the design shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or with his license by any other person. This clause stymies the inherent protection accorded by copyright that a person enjoys merely by virtue of creation.

    The original artistic work, as contrasted with the applied artistic work i.e. the design would continue to fall within the ambit of artistic work under copyright Act and shall be entitled to full period of copyright protection. The commercial/industrial manifestation of original work such as the design derived from and founded upon the original artistic work for the purpose of industrial production of furnishings would be covered by the limitations under Section 15 of the Copyright Act.

    To protect his/her creations under the Copyright Act, 1957, Fashion designer needs to prove:
    1. That his/her creation is an original artistic work within the meaning of the Copyright Act, 1957 and is not a design within the meaning of the Designs Act, 2000; and
    2. That the article (e.g. garment), to which the design derived from the creation has been applied, has not been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his license, by any other person.

  3. Protection under Trade mark Act [7]A trademark is useful for a fashion design only in a situation where it is visibly integrated into design to such an extent that it becomes an element of the design. There is a growing tendency among fashion designers to incorporate a trademarked logo on the outside of the garment at the time of creation of clothing and accessory designs. In these circumstances, the logo becomes part of the design, thus trademark provides significant protection against design copying. Further, the brand names as such also become the subject matter of protection under the Trade Marks Act, 1999.
  4. Protection under Geographical Indications Act, 1999 [8]The Fourth schedule of the GI Act provides for a classification of goods protectable under the Act. The registration of geographical indications evidently depicts the protection of fashion apparel vis-a-vis the texture and artistic value in the fabric used to create apparels and accessories. Till now about, 15 kinds of GIs have been registered in respect of textiles in India like Kasuti Embroidery from Karnataka, Kutch embroidery from Gujarat, and Sujini embroidery works from Bihar, etc.


Martial law is a law managed by the Martial as opposed to a regular citizen government. Martial law might be proclaimed in a crisis or reaction to an emergency, or to control an involved area. Martial law, brief guideline by Martial authorities of an assigned zone in time of crisis when the civil authority is esteemed incapable to work. The legitimate impacts of an assertion of Martial law contrast in different locales, yet they by and large include a suspension of ordinary social equality and the expansion to the regular citizen populace of synopsis Martial equity or of martial law.

Although temporary in theory, a condition of Martial law may in certainty proceed inconclusively. Martial law is an extreme and rare measure used to control society during war or times of common distress or disorder. As per the Supreme Court, the term Martial law conveys no exact significance. In any case, most assertions of Martial law have some regular highlights. By and large, the establishment of Martial law ponders some utilization of Martial power. To a fluctuating degree, contingent upon the Martial law request, government military work force have the position to make and implement common and criminal laws.

The assertion of martial law is an uncommon and momentous decision choice for a regular citizen government to make and for a valid justification. At the point when martial law is proclaimed, regular citizen control of a few or all parts of government activities is surrendered to the military. This implies, on account of chose governments, the agents picked by the democratic populace are no longer in power. Regular citizens have in this manner surrendered control of the nation in return for the expected reclamation of request with the likelihood that control may not be recovered later on.

At the point when martial law is proclaimed, common freedoms, for example, the option to free movement, free speech or security from nonsensical quests, can be suspended. The equity framework that regularly handles issues of criminal and common law is supplanted with a military equity framework, for example, a military tribunal. Regular citizens might be captured for disregarding curfews or for offenses that, in typical occasions, would not be viewed as sufficiently genuine to warrant detainment.

Laws identifying with habeas corpus that are intended to prevent unlawful detention confinement may likewise be suspended, permitting the military to keep people inconclusively without the chance of response.

The utilization of martial law in the wake of natural disasters is less normal. Instead of announce martial law and hand over capacity to the military on account of a typhoon or quake, governments are significantly more liable to proclaim a highly sensitive situation. At the point when a highly sensitive situation is pronounced, the legislature may extend its forces or breaking point the privileges of its residents.

The administration does not nonetheless, need to hand control over to its military. At times, an administration may conjure a highly sensitive situation explicitly to suppress dissent or opposition groups. So, what might occur if, in the midst of the frenzy of the coronavirus pandemic, the president attempted to announce martial law? Beyond a shadow of a doubt, military powers coordinated by state governors—and maybe even, in extraordinary cases, by the president—might be particularly ready to help get us through the current emergency.

In any event 20 state governors have now called up their National Guard to help with conveyance of food and clinical supplies, clean open offices, and adjust a portion of those offices to house patients if emergency clinics become overpowered. Watchman staff could likewise help authorize isolates requested by state governors, and even capture violators. In any case, their job is to help, not supplant, common specialists. The states’ lawful capacity to do this is clear; it isn’t martial law.


Secularism way that everyone enjoys the complete religious freedom because of this that government will not compel all people to adopt any unique faith. Religious freedom is our critical right, and is written in our constitution. Everybody has the freedom to publicize any religion, to espouse any religion or acquire any non-secular building.

No particular religion is maybe concept in college textbooks. India may be a country of diverse religions and to supply freedom to religion to everyone, and for equality of religion, India become declared a Secular country. The word secular modified into brought into the preamble with the help of way of the 42nd Amendment (1976). As in step with the written Constitution of India, India is an earthly state (India), and that we as residents of India must signify it.

Secularism clothed to be progressively conspicuous under nation guideline in India as Religion became an indivisible piece of governmental issues and public activity. At the season of Independence, secularism was the central point of the political pioneers. Every single unmistakable pioneer of the Indian National Congress like Nehru were focused on secularism. In any case, shockingly, the right inverse occurred, collective brutality prompted the unit of India and Pakistan in 1947 as independent countries.

Be that because it may, after Independence, India became a standard nation within which the Indian state failed to have any state religion, but rather her kin were allowed to pursue or receive any conviction within the Country. This task additionally looks forward towards the importance of secularism in different protected systems as an example in America the concept of detachment of state and religion when all is alleged in done, and therefore the correct importance of the ‘Foundation proviso’ specifically, has been the topic of much discussion and contention.

Notwithstanding its experience, subsequently, it’s being recommended that the philosophical force behind the U.S Secularism has dependably been to ‘Shield religion from the State.’ don’t see a lawmaker in France tie his or her religion or individual convictions into his or her legislative issues when casting a ballot on laws which will influence everyone– in any event not freely; it’s simply illegal.

In India, the thought of Secularism assumes an important job. Secularism in India may be a positive, progressive and complete idea which takes inside its breadth all of the networks in India following some religions. Secular might be against Religious as in an exceedingly mainstream State will be an enemy of spiritual State. In this sense, the Constitution of India isn’t common, on the grounds that the on to the opportunity of faith is an ensured major right.

The word Secular may mean that as far because the State is anxious, it doesn’t support any religion out of Public funds, nor does it penalize the profession and practice of any religious conviction or the correct to manage religious institutions as provided in Articles 25 and 26.

Secularism As Part Of Basic Structure Of Indian Constitution:

At independence in 1947, India was a nation embarking on a replacement and challenging endeavor of building an economically independent democracy that might treat all its citizens equally. As an element of this enterprise, India committed to ‘secularism,’ which within the context of the two nation theory and therefore the creation of Pakistan by religion, acquired even more significance.

The message was that India wouldn’t construct its citizenship and nationality by religious identity. During the drafting of the Indian Constitution, despite the reluctance of the Constituent Assembly to include the word secular, and despite the very fact that the word Secular was formally inserted within the Preamble to the Constitution of India by the 42nd Amendment of 1976 to the Constitution of India, still, a survey of the provisions of the Indian constitution suggest that India as a state is become independent from religion and would guarantee religious freedoms to the citizens of all faith, while not discriminating against any citizen on the idea of faith.

Thus, the Indian Constitution guarantees both individual and collective freedom of religion through the Articles 25-28 enshrined partially III of the constitution which deals with Fundamental rights. Article 15 and 16 also guarantees nondiscrimination on the ground of faith. The Indian constitution through its preamble, fundamental rights, and directive principles have created a secular state supported the principle of equality and nondiscrimination.

With the event of Indian Constitutional philosophy of social and economic democracy, secularism has been held to be one amongst the ‘Basic Structures’ of Indian Constitution. Thus, the character of polity promised within the preamble is incapable of alteration even within the exercise of the ability to amend the Constitution under article 368.

Religion may be a matter of religion. Though the critics won’t agree, because it is certainly a fact that India and its people though have entered the globalized era, but still preserve the deep religious values at the core. This picture of ‘Secularism’ in India is indeed a cause of concern.

Today, the secular character of the Indian democracy is taken into account to be under threat. The razing of the Babri Mosque in Ayodhya (Uttar Pradesh) led to riots and killings by Muslims and by Hindus. The recent massacres of innocent Hindus in Godhra (Gujarat), presumably ignited by smoldering Muslim resentments against the Hindutva proponents over Ayodhya, touched off an enormous massacre of equally innocent Muslims in tit-for-tat killings that destabilized yet further the hostility under which these religious societies had lived earlier in Gujarat State in an environment of secularism. From periods the Supreme Court of India has been inferring the concept of Secularism in the Indian Constitution in a very different system.

The Supreme Court expressed his views on the Secular nature of the Constitution for the primary time within the case:

  1. Sardar Taheruddin Syedna Saheb v. State of Bombay explained that the Articles 25 and 26 embody the principle of spiritual toleration that has been the characteristic feature of Indian civilization from the beginning of history. The instances and periods when this feature was absent being merely temporary aberrations Besides, they serve to relinquish emphasis to the secular nature of the Indian democracy which the founding fathers of Secularism considered to be the very basis of the Constitution. This case is additionally called The Ex-Communication case.
  2.  Similarly, in Keshwananda Bharti v. The State of Kerala:
    The court is of the opinion that Secularism could be a part of the fundamental Structure of the Constitution. Enumerating the elementary features of the Constitution, Ld. J Sikri named secular character of the Constitution joined of them. Ld. J Shelat and Grover, stated that:
    secular and federal character of the Constitution were amongst the most ingredients of the essential structure enumerated therein. Jaganmohan Reddy Ld. J, stated clearly that Liberty of thought, expression, belief, faith, and worship couldn’t be amended at any cost as they’re the part of elementary features of the Indian Constitution. Though in Keshwananda the Court in no uncertain terms laid down that secularism forms part of the essential structure of the Constitution, in Ahmedabad St. Xavier’s College

Evolution Of The Globe Secular Within The World:

The origin of the word secular is from the Latin word speculum meant a set period, roughly 100 years just about. Within the Romance languages, it evolved into century. In Christian Latin, Secularism was a useful term for distinguishing this temporal age of the world from the divinely eternal realm of God. Anything secular has got to do with any kind of affairs rather with spiritual affairs.

The English language Dictionary records this meaning for secular: Belonging to the planet and its affairs as distinguished from the church and religion; civil, lay, temporal. After the Enlightenment, the term secular gained additional meaning as thinkers found more and more earthly affairs which ought to be separate and independent from religious classification and control. Two primary examples are the gradual disentanglement of capitalist economics and democratic politics from religion during the 17th and 18th centuries.

it’s viewed as a process, the secular came to be understood as something that originates in degrees, has stages, and can gradually evolve from time to time. During the 19th century, more freethinkers conceived of a future ideal society that would become thoroughly secular.

The term secularism was created in 1846 by George Jacob Holyoake to explain a form of opinion which concerns itself only with questions, the problems of which might be tested by the experience of this life. Secularism didn’t explicitly portray the concept in opposition to religion; rather, it only refers en passant to the concept of that specialize in this life reasonably than speculation about the other natural life. That undoubtedly excludes many religious belief systems, most significantly the religious belief of Holyoake’s day, but it doesn’t necessarily eliminate all possible religious beliefs.

Secularism currently signifies:
secularism is affirming the on to be free from religious standard and lessons, or, in a very state proclaimed to be nonpartisan on problems with conviction, from the inconvenience by legislature of faith or religious practices upon its kin.

Comparative Study Of Importance Of Secularism In Various Constitutional Frameworks:

  1. the Importance of Secularism within the USA The main alteration lapsed the USA on lapsed Congress September 25, 1789. Confirmed on December 15, 1791 which states that Congress will make no law regarding a foundation of faith, or precluding the free exercise thereof; or condensing the correct to talk freely, or of the press; or the directly of the final population quietly to amass, and to request of the govt for a change of complaints.

    The first change lapsed the USA could be a tremendous fix for the partisan wars that had been so harming, and it likewise helped towards the clearness of various concerns held by religious groups that had fled to flee oppression by their legislatures to America from Europe. The first law joined the region immediately of its very establishing. This law was fundamental for one more intention was that to clear up that America isn’t only a Christian country.

    Numerous individuals have begun to trust that America may be a Christian country and the condition of disparity occurring from the premise of faith would have turned into a significant issue. Do Christians overwhelm the final public by numbers  Indeed, however that’s the explanation it absolutely was so important to form laws in regards to the lucidity of true of law within the USA so individuals rehearsing some other religion within the Nation is ensured by it.
  2. The Importance of Secularism in France Laïcité which implies mainstream quality may be a French idea of secularism. France is one of the most western nations to demand this concept. It had bolstered this idea since 1905 when a law was passed with the arrange to advance more freedoms. This idea was considerable in France for the protection of minor as from social weights and to keep up a strategic distance from any contention between the minors who demonstrate their religious connection. it’s significant for a minor to acknowledge the various decisions made by the opposite individuals and regard their choice.

    There’s more noteworthy social assorted variety in France today than previously, which is that the reason the state needs secularism now like never before, for it empowers all residents, whatever their philosophical or religious convictions, to measure respectively, getting a charge out of opportunity of still, small voice, opportunity to rehearse a faith or to choose to not, do to rights and commitments, and republican club.

    Secularism isn’t a sentiment among others, but instead the chance to own an end or the assessment. It’s anything but a conviction, yet rather the rule approving all speculations, giving they regard the idea systems of opportunity of still, small voice and equivalent rights. Thus, it’s neither genius nor hostile to religious. On this premise, adherence to confidence or philosophical conviction is altogether a difficulty of opportunity of still, small voice for every man or lady.
  3. The Importance of Secularism in India. The idea of Secularism assumes a vital job in India. Secularism in India may be a positive, progressive and thorough idea which takes inside its range all of the networks in India following some religions. it is not unfavorable within the earth, it isn’t hostile to God. Indian secularism perceives the importance of non secular conviction in human life. It trusts that no religion has the restraining infrastructure of philosophical knowledge it enables all religious to release their capacity inside their genuine words. On the off chance that nationals have to venerate their God, Indian secularism perceives the requirement and directly for such supplication and love.

It doesn’t recommend the act of a selected religion. Complete opportunity of religion is anchored in our Indian Constitution. The Indian Constitution guarantees equality of all religions before the law. In that respect, our constitution is strictly founded on a secular concept. Our constitution guarantees fundamental rights of non secular freedom. The concept of secularism has a firm root in India. The full world recognizes this fact.

From the above question, it’d be avowed that everyone has the prospect to advance any religion, to urge any religion or build up any religious building. No particular religion will be thought at school course books as Religious Freedom is our key right because it might be seen that the word ‘Standard’ was incorporated the prelude of the Indian constitution by 42nd Amendment in 1976.

At the amount of Independence various pioneers were within the help of procuring Secularism the country, anyway because of shared viciousness, it lands up vast. The regular character of the Indian prominent government is reflected to be under peril thanks to the annihilating of the Babri Mosque in Ayodhya (Uttar Pradesh) provoked hordes and killings by Muslims and by Hindus. The butchers of legit Hindus in Godhra (Gujarat, etc. At the purpose when stood out from various countries like USA, Russia, France, etc. Secularism isn’t wanted truly by India.


It is often said that we live in a male dominant or a patriarchal society. However, when it comes to law in India, do we really have laws favouring the men at all?
When we talk about Gender Equality, it does not simply means equality for women, it means gender equality for all which includes men also. We often hear cases about violence against women, be it sexual harassment, domestic violence, dowry cases, etc. however, crimes against men are not that often reported or even discussed in India.

We have all kinds of laws for crimes against women i.e. for rape, sexual harassment at workplace, domestic violence, dowry cases, etc. and we often raise our voice against these crimes against women. On the other hand, we fail to realise and acknowledge that even men can be victims of sexual abuse, domestic violence, etc. and if we really preach about equality, then does that equality even exist? This can be explained through an example that Delhi Metro has an entire coach reserved for ladies.

Yet, if a man sits on the seat reserved for ladies in the general coach, then he is made to get up from that seat completely ignoring the fact that the man might genuinely need to sit. We raise our voice whenever injustice is done with the women but why don’t we do the same when a man is the victim?

Sections 354A to 354D and 375 of Indian Penal Code, 1860 clearly states that only a woman can be the victim of the offences as stated in the abovementioned sections and a man would be the perpetrator.

The Protection of Domestic Violence Act, 2005 itself states that it is an act favouring women who have been allegedly subjected to the domestic violence. There is absolutely no provision as to what remedy is available to a man if he is subjected to domestic violence.

Often due to these women favouring laws, men have to face false accusations and trials as some women use these laws as a tool to harass the men.

It is high time that we should really start focussing on equality in the words gender equality. We, as a society, need to understand and raise our voices against the crimes against men. Even though we know that there are no cases where men are subjected to sexual abuse or domestic violence, because these cases are not reported. We, the Indians, have to change our perception that men are too strong or men are not emotional. A man is often brushed aside if he shares with anyone that he is being sexually harassed by person of same gender or an opposite gender or he is considered weak if he raises his concerns regarding any such unfortunate incident. Due to these, the crimes against men are often go unreported. This very mind set of our society needs to be changed.

Even though, now our courts are recognising the crimes against men and even there is a Criminal Law Amendment Bill, 2019 which is pending to make the crime of rape as gender neutral, after the decriminalisation of Section 377 of Indian Penal Code, 1860. The Indian Courts are also punishing women who are misusing the law just to harass men.

However we have long way to go. The stereotypical attitude towards men and masculinity needs to be changed. Men need to open up about their problems that they face and as a society we need to acknowledge and accept the problems faced by men in a society and help and support them. Everyone should be treated equally in the eyes of law and there should be no gender biasness in the name of gender equality.