Law and Justice

Posts Tagged ‘India’

The judges will now be the sole judge of whether the light is likely to guarantee to play in one of eight changes to the rules of cricket, which comes into force on the first test between India and Australia.

Under the old rules, the two judges ask the batsmen if they wanted to continue when the light deteriorated.

The amendment seeks to reduce the amount of time lost as a drummer usually allowed the opportunity to leave the field.

“The next batter no longer have any influence on the decision, which was often made for tactical reasons,” a statement from the Marylebone Cricket Club, which is responsible for those rules. The first test starts in Mohali this afternoon.

Umpires will now be the sole judges of whether the light is fit to allow play in one of eight amendments to the rules of cricket which will come into effect on Friday.

Under the previous regulations the two umpires would ask the batsmen if they wished to continue when the light deteriorated.

The amendment is aimed at reducing the amount of lost time as batsmen usually accepted the option to leave the field.

“The batting side will no longer have any say in the decision, which was often made for tactical reasons,” a statement from the Marylebone Cricket Club, which is responsible for the rules, said on Thursday.

Under the previous regulation of the two arbitrators ask the batsman if they wanted to continue as the light deteriorated. The amendment seeks to reduce the amount of time lost by the batsmen generally accepted the option of leaving the field. "The next batter will no longer have a say in decision

India is not only the “most preferred” destination for foreign direct investment (FDI) such as joint ventures and Real Estate investments and New Delhi being its capital is the best place to invest but also for investment in residential and commercial properties in India. The realty sector of India is on an upsurge due to the conducive FDI policies so this is the best time to materialize a property deal in one of the most prominent cities of the world.

If you’ve plans to invest in Delhi or New Delhi, the capital of India, then you’re in the right place as our site www.zameen-zaidad.com has residential and commercial properties tied up with India’s best and world class builders, promoters, contractors and agents for providing you the ultimate Real Estate solution and best Property Deal.

Delhi in India a modern cosmopolitan city, is the best example of a multi-ethnic and multi-cultural society. It’s the center of the vast Indian bureaucracy and political system with an ever expanding economy. Delhi’s steadily-increasing quality of life, a booming economy and consumer market makes it one of the hottest destinations for investment in residential and commercial properties in India.

A residential or commercial will be a prized possession as it’s centrally located and most of the prominent cities of India and the Metros are well connected with Delhi. Delhi also houses some of the premier educational institutions of India and many quality schools and it is home to a number of renowned intellectuals, museums, art galleries and places of historic importance a part from being a residential and commercial property hub of India.

Foreign investments in residential and commercial properties in Delhi promises high return on investments, as FDI policies in India are among the most liberal and attractive in emerging economies. So, invest in Delhi, and be a part of this most promising economy.

In recent years, Indian law firms have undergone a momentous change, rising as highly viable and prepared to move along with the ongoing wave of globalization. The interest of foreign law firms to open shop in Indian market therefore is barely amazing, since India offers a wide range of expert legal services, of comparable excellence, at literally a fraction of cost that would otherwise have to be paid. The rather traditional and if anyone use the word, “protectionist ” stand of the Bar Council of India on the subject has, however, proscribed overseas law firms from working in India.
Lots of established ones, perhaps unable to oppose the vast potential of the Indian legal bazaar, and in expectation of the “globalization of legal services” under the protection of the WTO, are little by little starting their existence in India, this in a significant number of cases taking the form of their penetrating into associations with Indian law offices, and in the process, exactly operating in India indirectly, in spite of the ban against the same. A concern that has therefore ongoing to draw the awareness of not simply Indian lawyers, but also law school students, is the likely consequences of the opening of foreign firms in India. Shall this facilitate an already mounting Indian legal market, or shall it only indicate a job loss for Indian lawyers?
The reality remains that India is in the progression of globalizing its financial system. In the course, the legal market opening up to competition from the global legal market is rather predictable. Instead of deliberating about the pros and cons of the legal bazaar being opened up to foreign lawyers, it is possibly more sensible to understand that the entry of foreign firms in India is only a matter of Indian globalization. However, this should not mean that their practices should not be synchronized, since otherwise they may just push out the Indian law firms. For law school students, their existence in India could well explain into an escalating range of employment opportunities, apart from their presence in India considerably influencing the way in which the Indian legal marketplace evolves in today’s global arena.

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India Law Firms are playing a vital role in corporate world, and creating great opportunities for Indianlawyers to show their talent. With the increasing investment of big private industries and growing Indian economy business houses needs the services of Indian law firms to overcome their legal issues. The Indian lawyers have got opportunity not only to work with Indian companies but with the big MNC’s as well, which has helped Indian law industries to achieve new heights.

Most of Indian law firms have established their law offices in not only in different stated of India, but in different countries as well. Through these law offices these firms are providing various services like intellectual property, real estate& construction, corporate & commercial, acquisition, company registration, joint venture etc. Some of well known law firms of India are Indus law, Anand & Anand associates, Majumdar & co. , Manupatra, Singhania.com, Meg’s group, Kochhar & co.

These Law firms comprises of well qualified and great experienced lawyers, which provided various legal services not only to domestic but to international companies as well. At current scenario big private companies instead of hiring their private lawyers prefer to give contracts to Law Firms as it is both the time and cost effective.  Instead of sitting in courts and waiting for the clients, Indian lawyers prefer to work with Law Firms, as with the increasing corporate industries these Law firms are giving great opportunities to work with big corporate and are also offering handsome salaries to Indian lawyers

With the booming Indian law industry, the new generation entrepreneurs are establishing their small Law Offices and providing services at cheap rates. This scenario is attracting different International companies to outsource their business to India, as it helps them in cost cutting and also provides good services of our Indian lawyers where client will find efficient implementation of corporate dealings by working on the result oriented services.  Looking at the current scenario of Indian Law firms and increasing Law offices we can expect a great future for Indian Law industry and the Indian Lawyers.

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                                       Indian Constitution – A Bold Experiment

      

 Our constitution is not a novel formation of the constituent assembly, the various parts of the constitution has been derived from the working constitutions of other nations. As we know the fundamental rights enshrined in Part 3 and our federal structure of governance with a strong centralizing tendency has been taken from the American Constitution. The fundamental duties from the Irish Constitution and the parliamentary system of democracy with an independent judiciary from the England. We have been fortunate enough that our founding fathers took the initiative to inculcate such essential freedoms and form of governance in the most sacred law of the land, without which perhaps we would have resorted to an autocratic form of government akin to the British rule in India. Our forefathers had given us the tools that were essential for building a nation that had been ravished by the scourge of multi-ethnic wars and colonialism for decades, but in my respectful submission the moot question which they possibly did not envisage was whether our diverse cultures coupled with the burden of illiteracy would be able to handle these tools effectively. Sixty years down the line we might say that our democracy is the largest in the world and has been a grand success, but if we look minutely we can find that it is working mechanically. When we look into the majority flooding our constituent assembly we can see power hungry ministers who hardly have any concern for the masses.

 

If we go back to history we can find a possible answer as to why we have such a gloomy situation in our country. The ideologies of democracy, federalism and fundamental rights have been taken from the Western world, where people have attained there rights through struggle. The French Revolution of 1789 resulted in the: La Déclaration des droits de l’Homme et du citoyen) which is one of the fundamental documents of the French Revolution, defining a set of individual rights and collective rights of all of the estates as one. Influenced by the doctrine of natural rights, these rights are universal: they are supposed to be valid in all times and places, pertaining to human nature itself. We can also draw inspiration from the American Declaration of Independence in 1776 which came after 8 long years of war and it declared that “…..We hold these Truths to be self-evident, that all Men are created equal, that they are endowed, by their CREATOR, with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness….” These monumental documents arose out of an unprecedented social and political struggle.

 

We did recognize these rights in our constitution but our illiterate masses remained oblivious to its true meaning as they were far away from these ideologies as they struggled for their basic necessities; which were further enhanced in the aftermath to the creation of two separate countries after independence when millions were left homeless and thousands were massacred. We still have people who are unaware of their own basic rights. Our founding fathers had borrowed these principles from the Western society and had imported and transplanted them on our backward, semi-feudal society. Consequently our constitution and our society do not correspond with each other the former being modern while the later being backward. The belief that by merely importing and transplanting a modern Constitution on a backward society will result in our society quickly becoming modern has proved to be a mistake. We have still today a lot of casteism and communalism in our society.

 

At the same time it cannot be said that the Indian constitution is merely a paper document, by setting up modern ideals the Constitution is pulling society forward the goals of creating a modern society. No doubt that it has not done so automatically merely by its promulgation but it has reduced the pain, agony and duration which Western societies had to go through during the period of their transition from feudal agricultural society to modern industrial society. This transitional period is a very painful period and its is only after going through this fire that a transformation can be brought about

 

India is presently passing through this fire. We need to first bring our society and its attitude at par with the modern world, free from all the bias and inequality; after all the constitution is for the people, of the people and by the people of this nation .Our constitution makers had indeed made a bold experiment when they created the constitution in the backdrop of the society which prevails in our country.  However the Constitution if implemented in its true spirit, will be a boon to us, it is up to us to give it teeth and make the dream of our founding fathers a reality.

 

 

THE RAPE LAWS IN INDIA, revisiting the concepts  .

 

Is ‘Rape’ merely a word described in section 375 of the Indian Penal Code, 1860, to be interpreted stricto senso? Or is it a psychological phenomenon to be understood and dealt with, with more empathy and less legality? What is the scope of this word and its narrow definition according to law and what is the impact of this definition on the judgments meted out to the hapless victims of this excruciating mental agony? This project aims to study the lacunas in the present definition and scope of the phenomenon called Rape.

The word ‘Rape’ is derived from the Latin term ‘Rapio’, which means ‘to seize’. Thus, rape literally means a forcible seizure and that is the essential characteristic feature of the offence. In common parlance, it means intercourse without her consent by force, fear or fraud. In other words, rape is violation with violence of the private person of a woman.

Though the law is said to grant justice to the innocent, the same is sadly not true in case of rape victims. Justice prides herself on being blind to everything but the truth – yet as far as rape is concerned, the facts paint a different picture. Rape laws in India are extremely antiquated. Although the laws outline the crime in clear terms, the courts are filled with people who favor the accused and challenge the veracity of the victim’s allegation.

The Supreme Court has opined in Maharashtra v Madhukar Narayan Mardikar , that
“..even a woman with easy virtue is entitled to privacy and no one can invade her privacy as and when he likes. So also, it is not open to any and every person to violate her person as and when he wishes. Therefore, merely because she is a woman of easy virtue, her evidence cannot be thrown overboard.”

Rape laws in India are antiquated; Instances where justice has failed the victim because of interpretation of law, assessment of evidence, long delays at the trial and harsh and humiliating cross-examination of the victim are reported with alarming frequency. This report deal with the incumbencies in the existing laws relating to rape in India and certain recent developments in this field.

Rape is a weapon that distorts a woman’s sexuality, restricts her freedom of movement and violates her human rights. It leaves a woman feeling exposed, humiliated and traumatised. A rapist not only violates the victim’s privacy and personal integrity, but also causes serious physical and psychological damage. The law must take a fresh look at itself and take positive steps to make it more difficult for an accused to get judicial reprieve. . What is sad about rape in India is the lack of seriousness with which the crime is often treated.Statistics from 2000 showed that on average a woman is raped every hour in India

As observed by Justice Arjit Pasayat:
“While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.”
Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such men (those committing sexual harassement) would try fulfilling their desire.

Rape

Rape means an unlawful intercourse done by a man with a woman without her valid consent. (Section 375 of the Indian Penal Code)
A man is said to commit “rape” if he has sexual intercourse with a woman under circumstances falling under any of the six following descriptions :-

Against her will.

Without her consent.

With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

With or without her consent, when she is under sixteen years of age.

Explanation : Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception : Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Impediments to Justice:
Rape is defined in India as intentional, unlawful sexual intercourse with a woman without her consent. The essential elements of this definition under Section 375 of the Indian Penal Code are ‘sexual intercourse with a woman’ and the absence of consent. This definition therefore does not include acts of forced oral sex, or sodomy, or penetration by foreign objects; instead those actions are criminalized under Section 354 of the IPC, which deals with ‘criminal assault on a woman with intent to outrage her modesty’ and Section 377 IPC, covering ‘carnal intercourse against the order of nature’.

The definition leaves a few questions unanswered. For instance, what about sexual intercourse by a man with his wife, and without her consent, where the wife is over 16 years of age? Judicial interpretation has also meant that sexual intercourse in a custodial situation (police station, public hospital, remand homes, and jails) is deemed an offence, without going into the question of consent. Also, anal or oral penetration and penetration with objects do not fall within the ambit of section 375.

It also does not recognize other forms of sexual assaults, like protracted sexual assault by relatives, marital rape etc. as aggravated forms of rape. This causes grave injustice to many victims. In many cases of child rape, the child has been penetrated through fingers or by objects or been force to perform oral or anal sex; yet this is not considered rape by the Courts.

Also, if the victim is a minor, the onus is on the accused to prove his innocence. But if the victim is a major, it is up to her to prove her charge. Therefore, the defence finds it worthwhile to prove that the victim is a major. Another problem is that unless the woman is examined medically within 24 hours, it becomes difficult forensically to prove that rape has occurred. Very often, unable to prove penetration, judges find themselves trying “rape” cases under more watered down sections: ‘outraging the modesty of a woman’, for instance, carrying much lighter punishment.

 Adding to this is Section. 155(4) of the Evidence Act (Repealed), which allows the victim to be questioned of her past sexual history which the defense uses to humiliate the victim in the Courtroom. At the same time, section 54 stated: “In criminal proceedings (including rape) the fact that the accused person has a bad character is irrelevant, unless evidence has been given (by him) that he has a good character, in which case it becomes relevant.”

Section 375 of the Indian Penal Code (IPC) only considers forced peno-vaginal penetration to be rape. Penetration with any other object, be it life-threatening (a knife, an iron rod, etc), though more physically harmful is not rape. The penis is accorded a privileged position in comparison with other objects that can be inserted, because of the primacy put on the virginity of women. The rupture of a woman’s hymen — the ultimate symbol of her sexual purity — must be avoided at all costs. “Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape,” according to this section. In other words, forced sex within marriage is outside the scope of the offence of rape.

 The manner in which some courts have interpreted the law or assessed the evidence has often proved to be an obstacle also. In spite of Supreme Court judgments to the contrary, lower court judges often insist on evidence of physical resistance or marks of injuries to hold that a woman has not consented. A woman’s evidence without corroboration is not considered sufficient.

Therefore rape laws in order to be of great deterrence, must have a cooperative victim, professional investigation, diligent prosecution; and an expeditious trial. For otherwise it shall not be the law, that fails, but the applicants, the process and application

 

 

Earlier Developments

 Several difficulties with the rape law were highlighted through some insensitive treatment by the judiciary

·        The Mathura rape case is illustrative.( TukaRam v. State of Maharashtra, AIR 1979 SC 185In March 1972, a 16-year-old tribal girl was raped by two policemen in the compound of Desai Ganj police chowky in Chandrapur district of Maharashtra. Her relatives, who had come to register a complaint, were patiently waiting outside even as this heinous act was being perpetrated in the police station. When her relatives and the crowd threatened to burn the police chowky down, the two guilty policemen, Ganpat and Tukaram, reluctantly agreed to file a panchnama. At the Sessions Court, Mathura was accused of being a “liar” and that since she was “habituated to sexual intercourse”, her consent was given. The Nagpur bench of the Bombay High Court set aside the judgment holding that that passive submission due to fear induced by serious threats could not be construed as willing sexual intercourse. However, the decision of the Supreme Court remains a blot on its record to this day. The rationale for acquittal was that Mathura had not raised an alarm and there were no visible marks of injury on her body. The judgment did not distinguish between consent and forcible submission

 

The Mathura rape case galvanised the women’s movement into asking for reforms of the criminal law that dealt with rape. In 1983, the government passed the Criminal Law Amendment Act. It amended Section 376 IPC and enhances the punishment of rape it also provides enhanced punishment of minimum of 10 years of imprisonment for police officers or staff of jail, the remand homes or other places of custody established by law. The Act further inserts a new Section 114-A IEA, by raising a presumption as to absence of consent in cases of custodial rape, rape on pregnant women and gang rape at least partially, removed the infirmity from the evidence of a victim of rape that was hitherto unjustly attached to her testimony without taking note of the fact that in India, unlike the occident a disclosure of the girls identity, rehabilitation in society for all times to come and unless her story was painfully true she would not have taken such a grave risk merely to malign the accused.The Act also provides for trial in camera. It also inserts a new section in the IPC Sec 228(A), which makes disclosure of the identity of the victims in These amendments were not enough to stem the rise in the number of cases of sexual violence against women. One crucial defect in the law was the definition of rape under Section 375 of the Indian Penal Code (IPC), which took into account only penile-vaginal penetration. Other physical and mental injuries were left to be dealt with under Sections 354 and 509 of the IPC as `outraging the modesty of a woman’.

 

 

Although the amendment had only partly accepted the demands of the campaign, the enactment was an indication of some measure of success. However, the inadequacy of these measures became clear in the Suman Rani case.[In spite of the rigorous punishment brought in through the amendment in cases of custodial rape, the Supreme Court reduced the sentence to five years on grounds that the woman was of ‘questionable character’ and ‘easy virtue’ with ‘lewd’ and ‘lascivious behaviour’. The court also dismissed a review petition filed by women’s groups. The Suman Rani case was no exception; the judiciary was routinely awarding less than the minimum sentence in rape trials despite the statutory mandate laid down by the amendment. In Mohd.Habib v. State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis, which the High Court presumed was indicative of consent.

·        In Mohd.Habib Vs State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis- which the High Court presumed was a indication of no resistance. The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court. Even the eye- witnesses who witnessed this ghastly act, could not sway the High Court’s judgment.   

·        In another instance of conscience stirring cases, Sakina- a poor sixteen year old girl from Kerala, who was lured to Ernakulam with the promise of finding her a good job, where she was sold and forced into prostitution. There for eighteen long months she was held captive and raped by clients. Finally she was rescued by the police- acting on a complaint filed by her neighbour.With the help of her parents and an Advocate, Sakina filed a suit in the High Court- giving the names of the upper echelons of the bureaucracy and society of Kerala.The suit was squashed by the High Court, while observing that ‘ it is improbable to believe that a man who desired sex on payment would go to a reluctant woman; and that the version of the victim was not so sacrosanct as to be taken for granted.’

·        Whereas, in State of Punjab Vs. Gurmit Singh, the Supreme Court has advised the lower judiciary, that even if the victim girl is shown to be habituated to sex, the Court should not describe her to be of loose character.

·        The Supreme Court has in the case of State of Maharashtra Vs. Madhukar N. Mardikar, held that "the unchastity of a woman does not make her open to any and every person to violate her person as and when he wishes. She is entitled to protect her person if there is an attempt to violate her person against her wish. She is equally entitled to the protection of law. Therefore merely because she is of easy virtue, her evidence cannot be thrown overboard."

In Chairman, Railway Board Vs. Chandrima Das, a practicing Advocate of the Calcutta High Court filed a petition under Article.226 of the Constitution of India against the various railway authorities of the eastern railway claiming compensation for the victim (Smt. Hanufa Khatoon)- a Bangladesh national- who was raped at the Howrah Station, by the railway security men. The High Court awarded Rs.10 lacs as compensation. 

The Supreme Court also held that the relief can be granted to the victim for two reasons- firstly, on the ground of domestic jurisprudence based on the Constitutional provisions; and secondly, on the ground of Human Rights Jurisprudence based on the Universal Declaration of Human Rights, 1948 which has international recognition as the ‘Moral Code of Conduct’- adopted by the General Assembly of the United Nation. 

 In view of the above, the Supreme Court has laid down the following guidelines for the trial of rape cases:

1.The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted.

2. Legal assistance should be provided at the police Station, since the victim may be in a distressed state.

3. The police should be under a duty to inform the  victim of her right to a counsel before being interrogated.

4. A list of lawyers willing to act in these cases should be kept at the police station.

5. Advocates shall be appointed by the Court on an  application by the police at the earliest, but in order that the victim is not questioned without one, the Advocate shall be authorized to act at the police Station before leave of the Court is sought or obtained.

6. In all rape trials, anonymity of the victim must be maintained

7. It is necessary to setup Criminal Injuries Compensation Board with regard to the Directive Principles contained under Article. 38(1) of the Constitution of India. As some victims also incur Substantial losses.

8. Compensation for the victims shall be awarded by the Court on the conviction of the offender and by the Criminal Injuries Compensation Board- whether or not a conviction has taken place. The Board will take into account pain, suffering, shock as well as loss of earnings due to pregnancy and child birth if this accrued as a result of rape.

Recent Developments

In 1997, Sakshi, an organisation involved in issues on women and children, approached the Supreme Court through a writ petition asking for directions concerning the definition of rape in the IPC. Although the Supreme Court did not interpret the provisions of Section 375 IPC to include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vagina penetration, finger/anal penetration, and object/vaginal penetration within its ambit. Instead, the judges sought refuge behind the strict interpretation of penal statutes and the doctrine of state decisis - a view that any alteration [in this case, of the definition of rape] would result in chaos and confusion, it directed the Law Commission of India to respond to the issues raised in the petition. The Law Commission, under the chairmanship of Justice P. Jeevan Reddy, responded by saying that the 156th Law Commission Report had dealt with these issues. The Supreme Court, however, agreed with Sakshi that the 156th Report did not deal with the precise issues raised in the writ petition. In August 1999, it directed the Law Commission to look into these issues afresh. (Sakshi v. Union of India)

After detailed consultations with the organisations, the Law Commission released its 172nd Report on the Review of Rape Laws, in 2000. The Law Commission recommended changing the focus from rape to `sexual assault’, the definition of which goes beyond penile penetration to include penetration by any part of the body and objects, taking into account cunnilingus and fellatio.

The report recommended the deletion of Section 155(4) of the Indian Evidence Act, which would prevent a victim of rape from being cross-examined about her `general immoral character’ and sexual history. It suggested graded sentences, with higher punishment for rape committed by the relatives and persons in `trust or authority’, public servants, and superintendents, management and staff of hospitals. It introduced a new Section 376(E), which would include sexual harassment at the workplace.

The commission recommended shifting the burden of proof of consent to the accused. It suggested specific provisions that would deal with the medical examination of the victim as well as the accused by a registered medical practitioner. It said that girls who are victims of rape should be questioned only by a female police officer, in the absence of whom a qualified woman from a recognised social organisation should do the questioning. The commission suggested that the law relating to sexual assault be made gender neutral, that is, men and women can be charged with the rape of men, women and children. This meant that for the first time the sexual assault of minor boys was made prosecutable under the law. It asked for Section 377 of the IPC to be dropped, thus decriminalising sodomy.

However, the recommendations did not take into account marital rape. It raised the age of consent of the wife from 15 to 16 years, after which the woman is not protected from rape by the husband. It also continues to provide a window for Judges to reduce the sentence in case of convictions below the minimum sentence specified, as suggested by the commission which states: “Any number of situations may arise, which the Commission cannot foresee th Based on the Law Commission’s recommendations, the government enacted an amendment in the winter session of Parliament in 2002, which deleted Section 155(4) and inserted a proviso to Section 146 of the Indian Evidence Act, which means that a victim of rape can no longer be questioned about her past sexual conduct and her `general immoral character’..

 

Criminal Law Amendment Bill of 2005

The Bill, drafted by Ms Kirti Singh advocate and legal convener of AIDWA, is based on 172nd report of the Law Commission to amend the laws relating to sexual assault in Section 375, 376, 354 and 509 IPC and the relevant sections of the Code of Criminal Procedure 1973 and the Indian Evidence Act 1872. The recommendations are based on the national consultation on the issue organized by the national commission for women

·        The major changes sought to be brought about through this amendment are substitution of existing section 375 of the IPC with the following:

“375.Sexual Assault: Sexual assault means –
(a) The introduction (to any extent) by a man of his penis, into the vagina (which term shall include the labia majora), the anus or urethra or mouth of any woman or child–
(b) the introduction to any extent by a man of an object or a part of the body (other than the penis) into the vagina(which term shall include the labia majora) or anus or urethra of a woman
(c) the introduction to any extent by a person of an object or a part of the body (other than the penis) into the vagina(which term shall include the labia majora) or anus or urethra of a child.
(d) manipulating any part of the body of a child so as to cause penetration of the vagina (which term shall include labia majora) anus or the urethra of the offender by any part of the child’s body;”

Similarly, Amendment, 2005 brought forth many changes in rape laws, especially related to detailed procedure of examination of victim and accused both by inserting new sections: 164-A, 174 (1A), (b), and 53-A (a) CrPC, and made it clear that in addition to physical examination, it also shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the RMP thinks necessary in a particular case. Section 174 (1A), (b), CrPC inserted to make mandatory inquiry by the Judicial Magistrate in cases of custodial rape and murder cases.

Changes recommended in the Indian Evidence Act, 1872 are in S

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A constitution is the supreme law of a free country. It is the system by which a government of a country functions. Constitution of India was adopted in the in the constituent assembly on 26th November 1949. It is document that contains set of instructions and policies that a government in power of India must follow. Indian constitution came into force on 26th January 1950, the republic day of India, defining India as a republic union of states. Indian constitution also defines the fundamental rights, directive principles and fundamental duties of a citizen of India. Constitution of India declared India as a state to be sovereign, democratic republic but later in the amendment of constitution of 1976 the India was added to be a socialist and secular state.

The constitution of India is the longest written official book than any other of an independent country. Indian constitution is considered the best constitution that an independent country has in the world. It is a well drafted book that is a result of research of years. India is still a young independent country and hence the makes of India constitution have adopted several effective articles and laws from different constitutions of other countries. It has given a permeable that is just a complete crux about it. Preamble of India is again considered the best in the world. It contains 22 sections including 395 articles, 12 schedules and 83 amendments.

The committee that drafted the constitution of India was headed by Dr. B.R. Ambedkar and other six members as Jahwahar Lal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad and Shyama Prasad Mukherjee. All these members were great politicians and major scholars of India. Indian constitution is written in the hand writing of Dr. Ambedkar.

Indian constitution is the best official draft one must read to know how a democratic and independent republic nation works. It will provide a deep insight of the laws and principles that Indian government follows to run the union of India.

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<p>The judicial system of India is basically made up of the supreme court of India which stands at the apex of the entire country’s hierarchy. There are a total of twenty one high courts which are at the top of the hierarchy for every state. The India high court has a jurisdiction over the particular state or over the group of union territories and states or even over union territory. Below the <a rel=”nofollow” onclick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=”http://www.jotwani.com”>Indian High Court</a> there is the hierarchy of subordinate courts which are called as criminal courts, family courts, civil courts and other district courts. All the high courts of India are organized as constitutional courts through the Chapter V, Part VI and Article 214 in the Indian constitution.</p>

<p>The Indian Supreme Court is the highest court for the entire country which is established by the Indian constitution. According to the Indian constitution, the role of <a rel=”nofollow” onclick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=”http://www.jotwani.com”>India Supreme Court</a> is the same as that of federal court which also acts as the guardian for the constitution of India. It is also the place for the highest appeal for any individual.</p>

<p>There is also the patent law in India where the entire patent system of India is managed or governed by superintendence of the general controller of designs patients, <a rel=”nofollow” onclick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=”http://www.jotwani.com”>India Trademark</a> patent and also by the geographical indications. There are a total of four patent offices in India in which the head office if situated in Kolkata. Anyone can be granted patent for their products or services but it is important to follow the proper procedure. This can be better done through a professional lawyer in India.</p>

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