Category Archives: Law and Order

Law and Order

LEGALITIES OF LOCKDOWN: an abstract law analysis.

By Kartik Sharma

Picture Credit: Starlineart, India Lockdown due to Coronavirus Pandemic Infection Outburst.https://en.clipdealer.com/vector/media/A:143289831.

Amidst pandemic, India joined the league of nations which declared country-wide lockdown. Following the ‘Janta’ curfew, which was a one-day voluntary curfew, India saw more than 70 days of lockdown. It involved shutting off all the economic activities except essential services. This step by the government pop crucial questions about its legality. From where did the Government derive this power and whether these restrictions are reasonable restriction under Article 19(5)?[1]

The Government derived this power from the Disaster Management Act, 2005 (DMA) and the Epidemic Diseases Act, 1897 (EDA).[2] Although none of them defines ‘curfew’ and ‘lockdown’, EDA grants powers to the Government to restrict movement to prevent the spread of disease.[3] It also grants the Government with the power to take necessary steps for the same.

Also, the National Disaster Management Authority (NDMA) declared COVID-19 a ‘notified disaster’ under DMA.[4] This move gave power to the Union to create a three-tier Disaster Management Authority (National, State, & District) to discuss, plan and issue guidelines on issues arising from the disaster.[5] This declaration also opened the gates for the States to use ‘State Disaster Response Fund’, as described in DMA.[6] Hence, deriving such powers, the Union Government was able to formulate necessary guidelines and restrict movement across the country. At this juncture, another question arises. What if the state(s) did not agree with the Centre to impose lockdown? Or they revolted on the Centre’s decision?

Article 256 stipulates that “the Union can give directions to the State as may appear necessary to enforce a law enacted by the Parliament”.[7] So, having constitutional validity for directing state governments, the Union used EDA and DMA to lead the States on the implementation of guidelines and other policies. Although the Union decided lockdown in consultation with the States, these directions are not merely advisory, and the Centre can enforce them. The Centre could invoke National Emergency[8] or State Emergency[9] enshrined in the Constitution. Invoking emergencies will allow the Centre to take punitive measures against the States which are disobeying Centre’s directions.[10]

Now to discuss Freedom of Movement enshrined in Article 19(d),[11] I will say these are reasonable restrictions. Article 19(5) exonerates imposition of restrictions if it is in the interest of the general public,[12] which is the case. The imposition of lockdown was to prevent the uncontrollable spread of Coronavirus in the country. This imposition helped prevent a sudden spike of cases in India to a great extent. Therefore, the actions of the Government are neither illegal nor do they violate any Fundamental Rights. The restrictions imposed by the Government are reasonable.

[1] The Indian Constitution, 1949, art 19(5).

[2] Prashasti Awasthi, Centre Invokes ‘Epidemic Diseases Act’ and ‘Disaster Management Act’ to Prevent Spread of Coronavirus, The Hindu BusinessLine March 12, 2020, https://www.thehindubusinessline.com/news/national/centre-invokes-epidemic-act-and-disaster-management-act-to-prevent-spread-of-coronavirus/article31049161.ece#.

[3] Epidemic Diseases Act, 1897, §2, 2A.

[4] Disaster Management Act, 2005, §6.

[5] Ibid.

[6] Id, §48.

[7] Supra note 2, art 256.

[8] Supra note 2, art 352.

[9] Supra note 2, art 356.

[10] Supra note 2, art 353, 357.

[11] Supra note 2, art 19(d).

[12] Supra note 2, art 19(5).

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Culture and History, Law and Order, Social Studies

Disrespect, not Dress, does it – The increasing rape cases are a serious concern for mankind

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By- Ekta Sain

Looking at the current state it looks like after some time we will be living in a country where we won’t be giving birth to a human, we will give birth to a human who is worse than an animal. This nation is becoming unsafe not for only girls but also for boys. Not only streets, roads or workplace but our homes are becoming dangerous for us.

Every year there are many cases of molestation and rape came across. Some are registered, some not. Why are these happening in our country? Why are these molesters or rapists moving freely?

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According to the Indian Constitution, the definition of Rape is “when a man forcibly does any sexual activity with women then it is considered as rape.” They never recognized that a man can also be raped.

According to a study conducted by NDTL on an average of 8 women get molested every day in India. But the research of the Centre for Civil Society says that the victims of assault are 57.3% males and 42.7% females. In such cases, family members of female victims avoid disclosure and maintain the confidentiality of the victim and sometimes they complain about the crime. But when it comes to males being a victim for sexual molestation, they don’t get reported for it. It is a myth in our society that boys cannot cry in front of everyone they have to be mentally strong. This myth stops boys from confessing their molestation.

Men believe this myth and feel lots of guilt and shame because they got physically aroused during the abuse. It is important to understand that males can respond to sexual stimulation with an erection or even an orgasm – even in sexual situations that are traumatic or painful. That’s just how male bodies and brains work. Those who sexually use and abuse boys know this. They often attempt to maintain secrecy and to keep the abuse going, by telling the child that his sexual response shows he was a willing participant and complicit in the abuse. “You wanted it. You liked it,” they say.

But that doesn’t make it true. Boys are not seeking to be sexually abused or exploited. They can, however, be manipulated into experiences they do not like, or even understand, at the time

There are many situations where a boy, after being gradually manipulated with attention, affection and gifts, feels like he wants such attention and sexual experiences. In an otherwise lonely life (for example, one lacking in parental attention or affection – even for a brief period), the attention and pleasure of sexual contact from someone the boy admires can feel good.

But in reality, it’s still about a boy who was vulnerable to manipulation. It’s still about a boy who was betrayed by someone who selfishly exploited the boy’s needs for attention and affection to use him sexually

There was a study conducted by a research scholar of Babu Banarsi Das University Lucknow in which she described myths related to rape cases. According to her,  “rape myths exist for a number of historical and cultural reasons including gender role expectations, acceptance of violence and misinformation about sexual assault and they are the one reason why victims are shamed into remaining silent.”

According to this research, the reason why rapes are happening is women are dressing provocatively and that turns out as a problem for her. This is believed by 45% of individuals. Many of them blame the girls who drink. According to them if a girl drinks then she deserves to be raped. Another reason for rape is a girl in the relationship and some blamed the girls who stay outside late at night.

Till when we only ask our girls to hide their beauty and innocence can’t we ask boys to control and behave themselves? If these cases were not taken seriously in our country then it is natural that after some time we won’t find a road where girls will walk freely, it will be hard to find a home where they could live freely.