Human rights violation have become very common now-a-days. The Newspapers and T.V. tell us that every day and at every moment, somewhat in the world, Human Rights are being violated. Broadly speaking “Human Right” means the right to life, liberty, equality, and the dignity of an individual irrespective of caste, creed or sex. These human rights are natural rights, required to be protected for peaceful existence of a provisions, the violation of these rights is very frequently taking place. The protection and preservation of Human Rights is a great challenge to every country in the world. Cases of violence, murder, torture, rape, child abuse, death due to starvation, death due to dowry, sexual harassment, custodial death have become rampant in the society.

The Human Rights of the people have been protected by “The Protection of Human Rights Act, 1993”. It has been amended by Protection of Human Rights (Amendment Act, 2006. The Act is passed for the constitution of a National Human Rights Commission (NHRC), State Human Rights Commission in States and Human Rights Courts for the better protection of human rights and for matters connected therewith or incidental thereto.

The National Human Rights Commission (NHRC) has been able to touch the tip of iceberg of the problem of Human Rights violation. But NHRC can’t be blamed, when the entire society is culpable in respect of Human Rights violations in one way when the entire society is culpable in respect of Human Rights violations in one way or the other. It is not possible NHRC to keep vigil on every human being in the country.

The Former Chairperson of the National Human Rights Commission, Dr. Justice A.S. Anand has emphasized that it is the obligation of the State to ensure everyone the right to adequate food, education and enjoyment of highest attainable standards of physical and mental health. These rights have to be respected and made available to the citizens by the State, said Justice Anand while inaugurating the two-day Capacity Building Workshop on “Economic, Social and Cultural Rights” jointly organized by the National Human Rights Commission and the Indian Institute of Public Administration.

“India being a signatory to Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights and other international instruments, is legally as well as morally committed to ensure basic human rights to all its citizens and enact laws accordingly”.
With every passing year, conviction has grown in the Commission that for right to live with human dignity, it is essential to focus in equal measures on economic, social and cultural rights and civil and political rights. The indivisibility and interrelated nature of these rights is a reality and there is a symbiosis between them. Those in the field must, therefore, ensure that the concern and anxiety, which they show for political and social rights, are also manifested in economic, social and cultural rights as we he said.

The abject poverty prevailed in the country, denies basic Human Rights to millions of poor in our country. Poverty is the major cause of various Human Rights violation. Child labor, Bonded labor and Illiteracy are various vulnerable points of Human Rights violation. The Human Rights of women are violated from birth to death. Even the female’s right to born is taken away by Sex determination tests, with termination of female fetus. Female infanticide is common in many parts of the country even as on date. Sexual abuse of female children, dowry deaths, flourishing flesh trade, rape case, pitiable conditions of windows living in Vrindawan and Varanasi are some flagrant examples of violations of the fair sex. Ours is male dominated society, where women are being treated as their subordinates. Most of the women in real terms, do not enjoy any rights at all, they are just living first as per wish of their parents and after marriage as per whims of their husband and in the old age, as per convenience of their sons and daughters in-law.

The NHRC has tried to check the human rights violations in wide range of spheres. The Commission has asked the States and Union Territories in April 2000, to compulsorily video film the post-mortem examination in all cases of custodial deaths. The Commission has asked the State governments to sensitize the police and jail officials. The NHRC also taken up the cases of victimized women in all perspective. It has also recommended that the maintenance allowance for divorced women be increased from Rs. 500 to Rs. 5000 per month. Cases of violation of children’s right, like trafficking in children, imprisonment of juveniles, child marriage, have also taken up by the NHRC. NHRC also taken up cases of rape, death and detention without trials, vehemently.

The Founding Fathers of the Indian Constitution had a vision of the Indian society, which they wanted to realize through the Constitution. That vision was primarily reflected in the Preamble, the chapters on Fundamental Rights and Directive Principles of State Policy is the product of human rights movement in the country. It is the duty of the State to guarantee what is said in the Constitution. But the shocking evidence that the State is itself the culprit, according to Mr. J.S. Verma, the former chairman of the NHRC. According to a statement made by him on Jan. 15, 2003, just a few days before his dim the office: “It is often the State which is violator of Human Rights in maximum cases in the country. But the maximum responsibility to protect and safeguard the rights of its citizens also lies with the State”.

The former Chairperson of the National Human Rights Commission, Dr. Justice A.S. Anand stressed the need for making human rights the focal point of good governance. He called for greater role for National Human Rights Commission in the work of United Nations, its treaty bodies and specialized agencies, stressing the need to further develop cooperation between them. He made these observations while delivering a Statement to the 60th Session of the Commission on Human Rights at Geneva on 14th April 2004.

He emphasized the protection of human rights not only requires vigilance by various agencies but sustained cooperation at regional and international levels.
No commission or no Police station can police every nook and corner of the country. No NGO, no any other agency can be present everywhere to protect the Human Rights. It is the we people; it is the duty of every civilized person to rise to the occasion. This can be brought about only through general awakening which make everyone understand the eternal values of life and dignity of an individual irrespective of caste, creed or sex. In the words of Swami Vivekananda that the “Self in you is the Self everywhere.”

Adultery is defined as a voluntary sexual intercourse by a married person with a partner other than his/her spouse. The legal definition of adultery varies in different jurisdictions and statutes. Adultery in India is a criminal offence and hence there are provisions related to adultery Indian Penal Code, 1860. Section 497 defines adultery as:

“Whoever has sexual intercourse with a person who is and whom he knows, or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”

For instance, if Naina is married to Samar, and Naina has an affair with Kuljeet, then Samar can bring charges against Kuljeet, but Naina will not be charged under this offence.

It is important to lay down an establishment, that from the very onset, this law does not seek to preserve the sanctity of marriage- but it pursue to secure the structure of the institution. In case of V. Revathi v. Union of India, it was held that the man was seducer, not woman. Basically it was said that, Section 497 does not provide any right to the wife to prosecute the husband who has committed adultery with another woman. the above mentioned law is striking in its pursuit to incarcerate only the ‘outsiders’ in the marriage and the community also believes to punish the outsider who breaks into a matrimonial home and violates the sacredness of marriage.
In India, Section 497 of IPC a history of 150-year colonial period and, since from its commencement, it has been spinning into debatable and questionable controversies on several accounts, such as its gender bias approach, questioning equality clause, reflecting cultural conflicts, and strong arguments were raised either for its retention, alteration, or complete modification and deletion from penal statutes.
The object, philosophy and justification of legal regulation of the adulterous behavior of a person in society has been examined appropriately on time scale so as to estimate whether its modification, retention, or deletion is imperative in the contemporary context or otherwise.

History
Incidents related to husbands having illicit affairs with other women and wives cheating behind their husband were not unknown in ancient India. Hinduism never favored Adultery, it was established as a mortal sin. According to Hindus, marriage is a pious and sacred relationship and the sanctity of marriage should be upheld all the times. Infringing the sacred commitment of marriage would lead to ruthless sin and a bad karma.

Hindu law are very strict against adultery, for both moral and social reasons. The ancient Hindu law also categorized the relationships which involved married women from those who are unmarried and the former attracted harsher punishment. There were also different acts for treating adultery, involving different caste of women. Ancient Hindu Society was not free from the obstacle of Adultery. Hindu Mythology illustrated many stories in which god themselves were indulge in adulterous thoughts and action. For instance how Lord Rama banished his wife into forest due to mere allegation of adultery. Manuscript has laid down chapters on the act of adultery. The book explains why adultery occurs, how to secure it and the ruthless punishment for the ones who are caught in such relationships. Centuries ago, this sin was punishable by death, either by public stoning, hanging, or even worse.

When the Indian Penal Code, was drafted Lord Macaulay didn’t approve adultery/ infidelity as a provision in IPC, but in the second report the presidents disfavored Macaulian’s perceptions about adultery and imposed heavy reliance upon his marks and concluded that committing adultery was a heinous crime and the offender will be liable for punishment. Hence, section 497 was instituted in Indian Penal Code.

Immediately after the institution in the Constitution of India, Section 497 Indian Penal Code was impugned on the ground that it usually goes against the spirit of equality inculcated in the Constitution. One of the most controversial cases was in 1951, when Mr Yusuf AbdulAziz, who was charged for adultery, grappled before the Bombay High Court that Section 497 of IPC is unconstitutional as it, in infringement of Articles 14 and 15 of the Constitution, as it operates unequally between a man and a woman by making the former only responsible for adultery. Therefore, he argued, its discrimination in favor of women and against men exclusively on the ground of sex.

In most of the foreign jurisdictions, adultery, exclusively from being a ground for divorce, it has been realize as a criminal wrong against marriage. Coincidentally, in these jurisdictions, both spouses are generally adhered criminally responsible for their extramarital sexual intimacy.

However, the law of adultery in India is commenced on the one and a half century ancient caste- based “social norms” in the reference of the traditional conservative property-oriented familial ideology. It is also pre conceived on a few obsolete and moot assumptions of sexuality, sexual agency and unequal marital rights.

The era of nuclear warfare conceived the idea of a system which could even survive the devastation of nuclear weapons. “A post-apocalypse command grid” was the original idea for Internet -‘Bruce Sterling’ has stated. The idea of ‘internet’ was conceived in the early 60’s while a code for its regulation was mooted in late 90’s . This clearly brings about the reason for the complication of cyber-crime. Cyber-Crime may be said to be an act which violate netesthetics.

INTRODUCTION

The word cyber and its relatives are probably the most commonly used terminologies of the modern era. In the information age the rapid development of computers, telecommunications and other technologies has led to the evolution of new forms of trans-national crimes known as “cyber crimes”. Cyber crimes have virtually no boundaries and may affect every country in the world. They may be defined as “any crime with the help of computer and telecommunication technology”, with the purpose of influencing the functioning of computer or the computer systems.

The extent of loss involved worldwide of cyber crimes is tremendous as it is estimated that about 500 million people who use the Internet can be affected by the emergence of cyber crimes. Cyber crimes are a very serious threat for the times to come and pose one of the most difficult challenges before the law enforcement machinery Most cyber crimes do not involve violence but rather greed, pride, or play on some character weakness of the victims. It is difficult to identify the culprit, as the Net can be a vicious web of deceit and can be accessed from any part of the globe. For these reasons, cyber crimes are considered as “white-collar crimes”. To understand cyber crime as a significantly new phenomenon, with potentially profoundly new consequences, it is necessary to recognize it as a constituent aspect of the wider political, social and economic reconstructing currently effecting countries worldwide. This new technology not only provides opportunities for the profitable development of an international information market but has also raised the specter of new criminal activities to exploit them.

The very technology that enables multinationals to do business more effectively and challenge the individual controls and regulations of nation states, also offers the prospect of globally organized criminal networks. Moreover the free flow of uncensored information on electronic networks and web- sites is as attractive to insurgents and extremist groups as it is to dissidents proclaiming their human rights. Just as crimes have changed with the growth of information technology so have the categories of criminals who engage in such crimes. There are three basic categories of criminals who engage in such crimes, ranging from hackers, information merchants and mercenaries, to terrorists, extremists and deviants.

 Now speaking about the types of cyber crimes, there are divided mainly in four types; Financial, Privacy, Hacking and Cyber Terrorism. Financial crimes means the steal of money of the user or account holders. Likewise, the stole data of companies which leads the financial crimes. Secondly, Privacy crimes includes stealing the private data which leads to ruin the people and let them suffer by misusing their personal data. In, hacking they intentional deface a website to cause damage or loose to the public or owner and diminish its values. Here last but not least the cyber terrorism is not related to terrorist or its organizations but to threat someone on level of creating fear is also the same.

To conclude, we can say that cyber crimes is a violation of not law but the human rights too and to avoid that all we need is some common sense and logical precautions.