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Author: MUSKAN KHATRI, IV year of B.B.A.,LL.B.(Hons.) from AMITY UNIVERSITY CHHATTISGARH Co-author: ANNANYA JOHRI, IV year of B.B.A.,LL.B.(Hons.) from AMITY UNIVERSITY CHHATTISGARH INTRODUCTION Where there are various sellers, suppliers, manufacturers, or firms in an industry; there will be a competition. Competition is actually beneficial for consumers, industry, and the economy. This provide various alternative at a best price. Healthy competition is good; however, there are times when competition tend to become a fixed game set by a few players of the industry. There are times when sellers, suppliers, manufacturers, or firms form an alliance to gain power and control over the competition and the market; through price control, bid fixation, exclusive supply, barrier for other firms, etc. This alliance are called anti-competitive agreements. Usually these agreements are of two types: Horizontal Agreements and Vertical Agreements. As simply it is to prove that there is a horizontal agreement; it is as difficult to prove vertical agreements. In India, we have a law that governs the competition of the market. It is called the Competition Act of 2002. Through this Act we have an adjudicating body called Competition Commission of India (CCI). Vertical Agreements are difficult to prove anti-competitive asthere is involvement of parties that are at different levels of production chain[i], and has a principal-agent relationship[ii]. It is to be noted that not all vertical agreements are per se illegal; sometimes, people get confused between commercial decision and illegal vertical agreements. WHAT ARE ANTI-COMPETITIVE AGREEMENTS? The Competition Act of 2002 has specifically defined an agreement and an anti-competitive agreement. According to Sec 2 (b)[iii] of the Act, any disposition or understandingin writing or not and is legal or not; is called an agreement. It basically means union or concord between people or firms for a common interest to be fulfilled, is an agreement. Further the Act also explains what agreements are anti-competitive in nature and thus are void or prohibited. According to sec 3 (1)[iv] of the Act, if any firms or supplier or group of people unity via an agreement that has some AAEC (Appreciable Adverse Effect on the Competition) is anti-competitive agreements. Further sec 3 (2)[v] discusses that any agreement with nature mention sec 3 (1) is void. Horizontal Agreement is discussed under section 3 (3)[vi] which says that any agreement between parties of same level, dealing with similar product or rendering similar services; which has effect on the competition of the market is void. Vertical Agreements is discussed under sec 3 (4)[vii] of the Act. It says that where there is an agreement or arrangement between parties of different levels and parties are subjected to principal-agent relationship; that has an appreciable adverse effect on the competition (AAEC), is called as vertical agreements. ELEMENTS OF VERTICAL AGREEMENTS There are certain elements that must be there to prove that there is a vertical agreement which is anti-competitive in nature. The elements are: 1. AGREEMENT The primary element or criteria is to prove that there is arrangement or understanding between people or enterprise. There should be relevant proof that makes it evident that there is an existence of agreement. The agreement should be in relation with the existing competition and how they can control it. The agreement should display any sort of AAEC on the market. 2. RELEVANT MARKET The next element is relevant market which is discussed under section 2 [r][viii] of the Act. There should be a market where the parties to the agreement tries to gain an upper hand. The relevant market proves whether the agreement was for the relevant product or geographical market or both. 3. PARTIES AT DIFFERENT LEVELS The parties to an agreement must stand on different levels or position. There should be a principal-agent relationship. The level of the parties should be different at the supply or production chain. For example, manufacturer and retailer, or wholesaler and retailer, etc. 4. EFFECT ON THE COMPETITION The most essential element is Appreciable Adverse Effect on the Competition. It is important to proof that there is some sort of effect on the competition or towards the consumer. The AAEC[ix] happens when there is a barrier creation for birding firms, or dispel of existing firms, or consumers are suffering, etc. ARE ALL VERTICAL AGREEMENTS ILLEGAL? As there are various difficulty there to prove whether the agreement is vertical agreement or not; another problems lies that is whether the vertical agreement is void or not. Ajay Devgan Films v. Yash Raj Films Pvt Ltd & ors[x] Facts: ADF is an actor engaged in production of films and YRF is an incorporated company engaged in film production and distribution. The Informant claimed that YRF had an arrangements with single screen theaters which is void under the Act. ADF and YRF were going to release films, named Son of Sardaar (ADF), and Ek Tha Tiger & Jab Tak Hai Jaan (YRF). YRF tended to release Ek Tha Tiger on Eid and Jab Tak Hai Jaan on Diwali, which was when ADF was going to release Son of Sardaar on. ADF said actors starred in the movies of YRF were having a lot of fame which will definitely make the film a big hit. Further as YRFs themselves had a market dominance in film industry which leads to a disadvantageous situation to ADF. YRF kept a condition for all the theaters with single screen that if they want to exhibit Ek Tha Tiger in their theaters, they had to exhibit Jab Tak Hai Jaan as well; and vice versa. Few theaters agreed and few didn’t. ADF claimed this agreement to be anti-competitive in nature and contravention of section 3 (4) (a), section 3 (4) (b), section 3 (4) (d), and section 4 (2) (a) of the Act. ADF further added that for a film business to generate income they only have production of a film, distribution of a film, and exhibition of a film. Here exhibition bring the film business the maximum revenue. As YRF had agreement for exhibition it became a negative condition for other competitors. Findings: CCI after looking at DG report and hearing the arguments, determined that: a. There was no Tie-in Arrangement as the agreement though vertical in nature however, did not had any AAEC b. YRF agreements did not fulfilled condition for AAEC given under section 19 (3) of the Act. c. Single screen theaters produces revenue up to 35% only and rest 65% is generated with multiplex theater. So, ADF could display his movie with single screen theater who did not agreed with YRF conditions and multiplex theaters as well. d. YRF did not had market dominance, rather they only had fame. e. Agreement between YRF and single screen theaters was purely a commercial decision. This case led down a basis that not all vertical agreement are void per se. Another instance is of case CCI v. SAIL[xi] CONCLUSION It is given that an agreement that has an Appreciable Adverse Effect on the Competition is void under the Competition Act of 2002. One must know that not all vertical agreements are illegal; different level of supplier or manufacturers or firms, can come into an agreement merely as a commercial decision and not with the objective of taking control over the market. CCI has led down various judgements to explain difference between commercial decision and a void vertical agreement. [i]Manoj Hirasingh Pardeshi v Gilead Sciences Inc. USA, CCI, Case No. 41 of 2012 (5 March 2026); M/s ESYS Information [ii]EC, European Commission Guidelines on Vertical Restraints; Samir Agarwal v ANI Technologies and Ors., CCI, Case No. 37 of 2018 (6 November 2025). [iii]“agreement” includes any arrangement or understanding or action in concert,— (i) whether or not, such arrangement, understanding or action is formal or in writing; or (ii) whether or not such arrangement, understanding or action is intended to be enforceable by legal proceedings; [iv]No enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India. [v]Any agreement entered into in contravention of the provisions contained in subsection (1) shall be void [vi]Any agreement entered into between enterprises or associations of enterprises or persons or associations of persons or between any person and enterprise or practice carried on, or decision taken by, any association of enterprises or association of persons, including cartels, engaged in identical or similar trade of goods or provision of services, which— (a) directly or indirectly determines purchase or sale prices; (b) limits or controls production, supply, markets, technical development, investment or provision of services; (c) shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of goods or services, or number of customers in the market or any other similar way; (d) directly or indirectly results in bid rigging or collusive bidding, shall be presumed to have an appreciable adverse effect on competition: Provided that nothing contained in this sub-section shall apply to any agreement entered into by way of joint ventures if such agreement increases efficiency in production, supply, distribution, storage, acquisition or control of goods or provision of services. [vii]Any agreement amongst enterprises or persons at different stages or levels of the production chain in different markets, in respect of production, supply, distribution, storage, sale or price of, or trade in goods or provision of services, including— (a) tie-in arrangement; (b) exclusive supply agreement; (c) exclusive distribution agreement; (d) refusal to deal; (e) resale price maintenance, shall be an agreement in contravention of sub-section (1) if such agreement causes or is likely to cause an appreciable adverse effect on competition in India. [viii]“relevant market” means the market which may be determined by the commission with reference to the relevant product market or the relevant geographic market or with reference to both the markets [ix]an agreement has an appreciable adverse effect on competition under section 3, have due regard to all or any of the following factors, namely:— (a) creation of barriers to new entrants in the market; (b) driving existing competitors out of the market; (c) foreclosure of competition by hindering entry into the market; (d) accrual of benefits to consumers; (e) improvements in production or distribution of goods or provision of services; or (f) promotion of technical, scientific and economic development by means of production or distribution of goods or provision of services. [x] CCI no 66 of 2012 [xi] (2010) 10 SCC 744

Author: Remya Gupta, II year of B.A.,LL.B. from Indian Law Society,pune, Maharashtra BLACK MARKETS AND POACHING OF TIGERS IN ASIA: ANALYSIS OF NATIONAL AND TRANSNATIONAL ENVIRONMENTAL LAWS TO CURB THIS VICIOUS CIRCLE INTRODUCTION Wildlife trade in Southeast Asia is a major development problem, draining forests of biodiversity, increasing inequality, and making good governance more difficult. Wildlife is taken from countries as diverse as Lao People’s Democratic Republic, Cambodia, Vietnam and Indonesia with an end destination of China, the largest source of demand in the region. Wildlife trade is the second largest form of black market commerce, behind drug smuggling and arms. While local poachers can make relatively good money for their illegal activity in India a single tiger skin can fetch $200 from a low-level dealer, or 6.5% of Indian per capita-the real profit goes to International dealers who can go on to sell the skin for up to $10,000.[1] CURRENT SITUATION IN ASIAN COUNTRIES Territorial domination is frequently breached by the growing hegemony of the human population and illegal means of earning a livelihood. Tiger numbers globally have been decimated by poaching, trade, and habitat destruction in the past century, though more recent conservation efforts in some countries have stabilised overall population numbers.According to TRAFFIC's report, Indonesia, Thailand and Russia saw significant increases in seizures in the first six months of 2022, compared to the same period in the previous two decades.Indonesia, home to the critically endangered Sumatran Tiger, saw an equivalent of 18 tigers seized between January and July, compared to 16 in the whole of 2021.Since 2000, an average of 150 tigers, both dead and alive, have been seized per year from 50 countries and territories worldwide - equivalent to a total of around 3,377 tigers.While the overall number of seizures has declined since 2018, notable increases were seen in China and India, as well as Vietnam, which saw a 185% jump in confiscated tigers compared to the four years prior, the group said.TRAFFIC also identified 675 social media accounts involved in the trafficking of tiger and tiger parts in Southeast Asia. About 75% of these were based in Vietnam[2]. According to Skin and Bones: Tiger Trafficking Analysis from January 2000–June 2022, the tigers and their parts were seized in 2,205 incidents, mostly in the 13 Tiger Range Countries (TRCs). India, home to more than half of the global wild tiger population, remains the top-ranked country with the most incidents and number of tigers confiscated. "The thousands of tiger parts seized are a testament to enforcement efforts, but they also speak to the continued threats tigers face. Poaching, trade and demand for tigers and their parts persist, compounded by the tiger farms which add to the illicit trade. Strong action is needed by governments to combat the pressure this puts on wild tiger populations," said Heather Sohl, Tiger Trade Leader at WWF’s Tigers Alive Initiative[3]. BLACKMARKETING AND POACHING With an Asset in the world’s Black market, the Tigers are usually referred to as ‘The Walking Gold.’ As the demand for the species is very high, the price continues to hit the sky like rocket speed. Instability and the increase in non-state, armed actors also function as conduits for the trade. These non-state actors are involved in other forms of crime such as corruption, drugs and arms trafficking, sometimes funded by wildlife trade, which elevates this matter to the level of a national security risk. As a result, the response has become increasingly militarized as states grapple with stopping multiple forms of trafficking[4]. The wildlife-trafficking-militancy-nexus are often shrouded in unproven assumptions and myths. Crucially, they divert attention from several uncomfortable truths with profound policy implications: First is that the nexus of militancy in wildlife trafficking constitutes only a sliver of the global wildlife trade and countering it will not resolve the global poaching crisis. Second, counterterrorism and counterinsurgency forces, even recipients of international assistance, also poach and smuggle wildlife and use anti-poaching and counterterrorism efforts as covers for the displacement of local populations and land grabbing. Third, corruption among government officials, agencies, and rangers has far more profound effects on the extent of poaching and wildlife trafficking. And finally, local communities are often willing participants in the global illegal wildlife trade[5]. DESTINATION MARKETS All parts of the tiger are traded and used, for traditional medicine and other purposes. Tiger bone is used in a variety of forms depending on the location. It is soaked in wine to make tiger wine, boiled down to make glue or cake, and ground into powder for use in pills, plasters, and other manufactured medicinal products. Of these, tiger wine and tiger glue (also known as cao, in Vietnamese, and gao, in Chinese) are believed to be the most sought-after products. Tiger bone is traditionally cleaned and fried in oil or vinegar to remove all flesh and cartilage. It is then ground into powder and mixed with herbs to make pills or added to camphor and menthol to make tiger balm. Certain tiger bone products are thought to have cultural preferences: tiger bone wine is more commonly associated with Chinese culture, whereas tiger glue is associated with Vietnamese culture. Aches and pain, bone and joint problems (such as arthritis and rheumatism), replenish calcium, anti-inflammatory, treat osteoporosis, boost sexual capability, and paralysis are all treated with bone wine. Fat heals Vomiting, dog bites, haemorrhoids, and scalp problems in youngstersSkins are used for clothing, magical amulets, trophies, ornamentation, and the treatment of mental illnesses.Eyeballs to treat epilepsy, malaria, fever anxiety in youngsters, convulsions, and cataracts Nose for treating epilepsy and convulsions in youngsters;Skin disease can be treated using the tail. Brain to Reduce Laziness and Heal PimplesLung Cancer Treatment Testes Lymph node tuberculosis;Blood to fortify the constitution[6]. ANALYSIS OF LEGAL FRAMEWORK INTERNATIONAL WILDLIFE LAW-The conventions like (CITES) Convention on International Trade in Endangered Species, (CMB) Convention on migratory birds. (CBD) Convention on Biological Diversity, the Ramsar Protocol, the World Heritage Convention and the regional conventions are focusing on countries like Africa, Antarctic, or Europe. The sovereign states conclude agreements voluntarily in an international legal order, the lack of centralized legislative, executive, and judicial powers typically of domestic legal orders have limitations because the international law occupies an even smaller place within the conservation. "CITES" came into force in 1975 as a mechanism for controlling the international trade of threatened and endangered wildlife.The ultimate aim of the Convention is the protection of certain plant and wildlife species against over-exploitation through international trade using rational and sustainable utilization.CITES specifically sets guidelines for states to follow in implementing their treaty obligations; however, it lacks an effective institutional mechanism for enforcement. Legitimising or total Ban?As the tiger and rhinoceros approach extinction, conservationists must confront the major issue of ongoing debate within the Convention on International Trade in Endangered Species ("CITES") about whether states should continue banning the trade of endangered species, the traditional approach to wildlife conservation, or take the more radical approach of legitimising the trade in order to generate the funds immediately needed to protect and save imperilled wildlife. A continued restriction on the trade of endangered wildlife is in the best interests of species conservation and will help the Convention's goals in the long run. While lifting the trade ban may provide immediate financial resources for animal conservation in the short term, it unnecessarily increases the risk of extinction. Hong Kong was the first Southeast Asian government to completely ban all international and domestic trade in endangered wildlife parts and medicine containing endangered wildlife derivatives. Its control policy, having evolved into the strictest and most comprehensive system in all of Asia, has become a model for other countries striving to improve their internal regulation of the endangered species trade. Under Hong Kong's amended endangered species ordinance, any person found guilty of importing, exporting or possessing an endangered species without a license from the Agriculture and Fisheries Department (Hong Kong's Management Authority) will face substantial fines and possible imprisonment. As of January 1995, Hong Kong had enhanced its penalties for illegal endangered species trade to make violators liable for a maximum penalty of five million Hong Kong dollars and imprisonment for two years. More recently, the territory set up an Endangered Species Protection Liaison Group comprised of customs and law enforcement representatives to strengthen enforcement of trade controls in endangered species and improve the government's intelligence-gathering system on the trade. Taiwan is recognized as the principal driving force behind international wildlife trade with a traditional medicine market both larger and more underground than that of Hong Kong. As direct trading links between Taiwan and China proliferate and the reversion of Hong Kong to China in 1997 becomes imminent, Taiwan plays an increasingly major role as the future hub for the illicit flow of tiger and rhino products into China. Although Taiwan is not recognized as a Party to CITES, it enacted its own Wildlife Conservation Law ("WCL") in 1989, which prohibits the import, export, trade, and display for sale of rhino horn and tiger parts. The Taiwanese government did not begin seriously enforcing the law until recently.' By July, it had re-evaluated its procedures for marking and registering endangered species parts and products and set up a computerized database to handle these tasks. South Korea, Since its accession to CITES in July of 1993, it has actively pursued efforts to implement the Convention by amending its existing health and environmental laws so as to comply with CITES. In 1993, South Korea amended its Pharmaceutical Affairs Law, which stipulates legal trade procedures for the import, export and manufacture of drugs and health-related products, to include in its regulatory ambit wild fauna that are used for medicinal purposes. South Korea likewise amended its National Environment Preservation Law in July 1994 to reinforce provisions for controlling the international trade of CITES-listed species and their derivatives. In streamlining its permit issuance process, the government has consolidated its management authorities to strengthen communication between the multiple agencies involved. With greater interagency and administrative cooperation, it has also launched undercover investigations of traditional oriental pharmacies, wholesalers and retailersto enforce CITES. The government has further addressed enforcement concerning the tiger trade by marking and registering tiger bone stocks[7]. In India Tiger is the mode of transport of Shiv Durga while Lion is that of Vishnu Durga . Such associations are a subtle but an effective way of giving sanctity to atleast some of the prominent species. This country not only tops in number of tiger habitats but also in variability of the tiger habitats. Furthermore, India being predominantly the vegetarian country medicaments based on tiger bones and other parts have been unknown in this country. India has a solid legal and policy framework in place to regulate and prevent wildlife trade. The Wildlife (Protection) Act of 1972 prohibits the trade of over 2000 species of flora and wildlife. To combat this trafficking, WWF-India, in collaboration with the government and other enforcement agencies, provides training and capacity building in its frontlines through TRAFFIC. Still, there is a lot of smuggling going on in India, and international markets are looking at Indian soil because of its rich biodiversity and eco-friendly nature. The Indian parliament also passed some key legislation, including:1. The Wild Life Protection Act of 1972, 2. Animal Cruelty Prevention Act of 1960, 3. Biological Diversity Act, 2002 also India launched Project Tiger in 1973. China was Asia's last major consumer country to pass legislation barring all domestic commerce in endangered animals. The State Council banned the import, export, transportation, sale, and purchase of tiger bone and rhinoceros horn in 1993; ordered medicine producers to stop using rhinoceros horn and tiger bone; and mandated that all stockpiles be 'inspected, re-registered, sealed up, and properly kept'. Its prohibition on the production and domestic trade of rhinoceros horn and tiger bone was the result of intense international pressure from CITES, the United Nations Environment Programme, foreign non-governmental organisations, and the United States government[8]. CONCLUSION “The greatness of a nation can be judged by the way its animals are treated.” ~ Mahatma Gandhi Scarcity results in enhanced financial benefits for illegal traders, who adopt sophisticated and often violent means to defend their economic interests when combined with inelastic demand and a lack of suitable substitutes. The present-day need is to collate traditional conservation knowledge with the genetic evolutionary approach. However, there are some measures that can be implemented in the form of successful campaigns that require consequences for noncompliance and so that a stigma be associated with illegal activity. There is also a dearth of what is usually referred to as "political will," which is in low supply in many developing countries. In the case of wildlife, "lack of political will" manifests itself in extraordinarily extended prosecution timeframes, minor penalties, and little or no sentence.Tiger conservation can be achieved with the allocation of money alongside a genuine commitment to conservation by the government—including the proper channelling and spending of funds, with oversight and follow-up to meet goals, for example in Nepal National Tiger Committees have been created.The trade in tiger parts often transcends national boundaries, as do the drivers of habitat loss. International links require international action and regional cooperation. Thus, to address these overarching threats, a global forum of range-state leaders at the highest level to convene as a “Tiger Summit” which aims at securing a global pledge to protect the wild heritage of Asia[9]. [1]https://www.jstor.org/stable/26999304?seq=1 [2]https://www.reuters.com/business/environment/tiger-seizures-up-parts-asia-despite-conservation-efforts-report-2022-11-02/ [3]https://www.traffic.org/publications/reports/skin-and-bones-report-2022/ [4]https://www.jstor.org/stable/resrep25972 [5] https://www.jstor.org/stable/10.2307/26542711 [6]https://www.unodc.org/documents/data-and-analysis/wildlife/2020/WWLC20_Chapter_6_Big_Cats.pdf [7] https://digitalcommons.law.uw.edu/wilj/vol5/iss1/4 [8] Julie Cheung, Comment, Implementation and Enforcement of CITES: An Assessment of Tiger and Rhinoceros Conservation Policy in Asia, 5 Pac. Rim L &Pol;'y J. 125 (1995). https://digitalcommons.law.uw.edu/wilj/vol5/iss1/4 [9]https://academic.oup.com/bioscience/article/57/6/508/236193

Author: Satyam Sah, IV year student of BHARATI VIDYAPEETH, NEW LAW COLLEGE PUNE Co-author: Krati Gupta, IV year student of BHARATI VIDYAPEETH, NEW LAW COLLEGE PUNE INTRODUCTION Justice P.N. Bhagwati once aptly stated that "legal aid means providing a regulation in society that makes the legal administration easily accessible and available to those who need to resort to it to enforce their legal rights." The Constitution of India guarantees free legal aid under Article 39A to all its citizens, but complex procedures, inadequate infrastructure, and language barriers have restricted access to legal services for many. The Constitution of India guarantees free legal aid, but complex procedures and inadequate infrastructure restrict access. Technology has revolutionized the legal landscape in India, providing tailored legal information and enhancing delivery. However, marginalized communities still struggle to access legal aid. This article explores how innovation in legal aid is making justice more accessible to all in India. It begins with the traditional legal aid system in India. Finally, it addresses the challenges and opportunities of technology in legal aid and concludes with a call to action for the legal and tech communities to join forces and ensure equal access to justice for all. The Traditional Legal Aid System The traditional legal aid system in India primarily involved face-to-face interactions between lawyers and clients. However, this approach posed several challenges that hindered the effective delivery of legal services to those who need them the most. For example, outreach to those in need of legal aid was limited, especially in remote or hard-to-reach areas. Additionally, traditional legal aid processes were time-consuming and resource-intensive, making it difficult for legal aid providers to reach a large number of people. Finally, the high cost of providing legal aid without technology was prohibitive, especially when it came to travel expenses, document processing, and administrative costs. This limited the reach and impact of legal aid services, making it difficult to serve a large number of people in need. To address these challenges, there have been significant efforts to modernize and expand legal aid services in India, including through the use of technology. Online legal aid portals and virtual consultations have helped to bridge the gap between lawyers and clients. The Hussainara Khatoon case in India is a landmark case that brought attention to the lack of legal aid services for indigent prisoners. The case led to the establishment of the first legal aid clinic in India and paved the way for the Legal Services Authorities Act of 1987, which provides free legal aid to the poor and marginalized sections of society. Initiatives such as legal literacy campaigns have helped to raise awareness about legal rights and entitlements among the general population. Additionally, mobile applications and chatbots have been developed to provide quick and efficient legal aid services to those in need. This has helped to make legal aid services more accessible and efficient, especially for those in remote areas. Overall, the modernization and expansion of legal aid services in India through the use of technology have been instrumental in promoting access to justice for all. The use of technology has helped to overcome the limitations of the traditional legal aid system and has made legal aid services more accessible to a larger number of people. However, it is important to ensure that technology-based legal aid services are accessible to all, regardless of socio-economic status or geographic location, and that they are implemented in a way that is efficient and cost-effective. HOW TECHNOLOGY HAS HELPED IN THE ADVANCEMENT OF FREE LEGAL AID? Technology has indeed made significant advancements in various aspects of our lives, including the legal field. These advancements have revolutionized the way legal aid services are delivered, making them more accessible, cost-effective, and efficient. One of the most significant contributions of technology to legal aid is its ability to make legal services easily accessible to those who are unable to physically visit legal aid centers or courts. Through the use of digital platforms, individuals can now access legal information, advice, and representation from the comfort of their homes or offices. Virtual hearings, video conferencing, and online dispute-resolution mechanisms have become increasingly popular, making it possible for individuals to participate in legal proceedings remotely. During the Covid-19 pandemic, the use of technology in the legal field has grown significantly. Virtual courts and video conferencing have empowered the consultation and removal of millions of cases. Indeed, even “the current CJI, Justice DY Chandrachud,” in the All India District Legal Services meeting, focused on enhancing the use of technology for better access to legal services. He talked about the plans he had for incorporating technology into the judicial system in the future, such as using macro data-based artificial intelligence processing, developing virtual courts, and integrating common service centers at the Gram Panchayat level with E Court facilities. The National Legal Services Authority (NALSA), Pro Bono India, LawRato, Vakalatnama, and MyAdvo are just a few of the websites and apps that provide free legal assistance in India. Users of these platforms can connect with lawyers, receive legal advice and assistance, and create and file legal documents online through these platforms. Additionally, the Indian government has taken a number of steps to offer citizens who cannot afford legal representation free of charge. One such drive is “The National Legal Services Authority (NALSA),” which gives free lawful guidance and help to individuals who can't manage the cost of it. Free legal assistance has also been provided by the government and a number of non-governmental organizations (NGOs), such as GOI- the Access to Justice Project, which is run by the United Nations Development Programme (UNDP). In addition, the government has launched the Tele-Law initiative, which provides remote and inaccessible residents of the country with legal assistance via video conferencing facilities. These projects and initiatives highlight the government's commitment to providing legal aid services to those who most need them. They are significant steps toward ensuring that everyone in India has access to justice. CHALLENGES AND OPPORTUNITIES FOR TECHNOLOGY IN LEGAL AID Innovation in legal aid has created opportunities for technology to make justice more accessible. However, there are several challenges that need to be addressed to ensure that technology-enabled legal aid services are effective and inclusive. One of the main challenges is ensuring that technology is accessible to everyone, including those who may not have access to digital devices or the internet. To address this, legal aid clinics can be set up in remote or underprivileged areas to provide legal assistance and raise awareness about legal rights. Additionally, mobile applications like Nyaya Bandhu and Vidhikarya can help bridge the gap between lawyers and clients, allowing people to access legal aid services from anywhere, anytime. Law firms can also provide pro bono work to ensure that legal aid services are available to underprivileged and economically disadvantaged communities. Another challenge is ensuring that technology is effectively integrated into legal education to promote social justice. This can be done by creating online courses, training modules, and certification programs that provide students with the skills they need to use technology to provide legal aid. Legal aid organizations can also collaborate with law schools and universities to incorporate clinical legal education into their curriculum and provide students with hands-on experience in providing legal aid services to underprivileged communities. Collaboration is also essential in promoting justice for all. Legal aid organizations should engage with law enforcement agencies, tech companies, media outlets, and other organizations to provide legal aid services that are accessible to everyone. This can be achieved through initiatives like online receptions that are available 24/7, virtual legal aid clinics, and digitization of clinical legal education in law colleges. By sharing best practices, expertise, and funding, legal aid organizations can work together to develop innovative solutions and overcome common challenges. GAJE (Global Alliance For Justice Education) is one such organization works to promote access to justice by supporting the development of community-based legal aid programs. In addition to these efforts, GAJE works to promote access to justice by fostering collaboration among legal educators, practitioners, and activists from around the world. In addition, collaborating with tech startups can also drive innovation in legal aid services. Startups are often at the forefront of technological advances and can bring new ideas and solutions to the legal aid sector. Legal aid organizations can partner with startups to develop new tools and platforms that can enhance the delivery of legal aid services. Finally, while technology is an important tool in expanding access to legal aid services, it is important to recognize that “it is not a silver bullet and must be used in conjunction with other approaches to reach the most marginalized and vulnerable populations”. Legal literacy campaigns and awareness programs can be conducted through traditional media outlets like radio and television to reach people who don't have access to technology. CONCLUSION The use of technology in legal aid has brought significant improvements to the traditional legal aid system in India. The challenges of limited outreach, time-consuming processes, and high costs have been overcome through the modernization and expansion of legal aid services. However, ensuring equal access to technology-based legal aid services for everyone, regardless of socio-economic status or geographic location, remains a priority. Cooperation between the legal and tech communities is needed to make legal aid efficient, effective, and sustainable. Ultimately, by working together, we can ensure that all individuals in India have access to justice and are not left behind.

Author: Ravishma Sharma, Law Student from Vivekananda Institute of Professional Studies, GGSIPU, New Delhi. ABSTRACT In a sociologically led country like India, the stature of women is kept on a pedestal. Women are said to be treated like the female deity and goddesses in our scriptures but the reality is different. What is on paper is much more distinct than what is practised by the masses. The morale of society continues to fall and the obscene representation of women is on the rise. As a result of multiple protests by female organisations concerning how their bodies and their gender were being perceived by society and being published in various forms of media, The Indecent Representation of Woman (Prohibition) Act of 1986 was passed by the Parliament. This act aims to punish those who use derogatory means in any visible form to portray women and their bodies indecently. Earlier, sections 292 to 294 of the Indian Penal Code were the only legislation against obscene acts by persons against women. The lawmakers keeping in mind the Indian social structure, formulated specific legislation to curb the salacious portrayal of women mainly in illustrations, magazines, advertisements and publications. With the growth and development of our culture, the need to protect the image of women n a culturally diverse society grows tenfold each day. It is imperial to keep in mind the needs of all as well as work towards the eradication of evil and instead project a proactive and empowered state of women. Background and History of the Legislation The Indecent Representation of Women (Prohibition) bill was introduced in the Rajya Sabha by Margaret Alva and was later passed by the Parliament on 23rd December 1986. It came into force on 2nd October 1987. This was in response to the women's movement against their depiction in society. There had been no specific legislation in the past to tackle the overgrowing issue of denigrating women before the act was passed. The act mentions the 'indecent' publication of women in media and its forms. The definition of 'decency' varies from person to person and has evolved keeping in mind the drastic change in the psyche of a person. It is also a concept that depends on the lifestyle, upbringing and values of individuals. The Indian Law System seeks to regulate the portrayal of women in an immoral manner. Provisions of the Indian Penal Code and Constitution of India IPC is an act enacted during British rule in 1860. Certain provisions in the act catered towards obscene works and items produced. Sections 292 to 294 discuss the above-mentioned offence. In the past, it was a strict law, but in the year 1969, the sections were amended to fit closely to the current need of society. Section 292-294 of the Indian Penal Code According to section 292, the sale of any obscene books, pamphlets, paper, paintings, etc is deemed to be offensive and obscene if it "appeals to prurient interests or its effect tends to deprave and corrupt persons". The legality of this section was challenged in the case of Ranjit Udeshi vs the State of Maharashtra on sale of the book 'Lady Chatterley's Lover' by DH Lawrence. The contention of the party was that section 292 is a violation of Article 19(1)(a) of the Indian Constitution and that the book was not obscene as a whole. The section was upheld by Justice Hidayatullah in his judgement, "That you accused Nos. 1, 2, 3, 4 on or about the 12th day of December 1959 at Bombay being the partners of a book-stall named Happy Book Stall were found in possession for sale copies of an obscene book called Lady Chatterley's Lover (unexpurgated edition) which inter alia contained, obscene matter as detailed separately and attached herewith and thereby committed an offence punishable u/s 292 of the I.P. Code". The judgement also clarified the fact that Article 19(2) puts reasonable restrictions on these rights for public welfare and decency. The Supreme Court in this case used the Hicklin Test which examines whether the matter tends to "deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall." Under the Hicklin Test, the work is viewed separately from the obscene material to check if it still violates section 292. It was said, "Where art and obscenity coexist, art must so preponderate as to throw the obscenity into a shadow or the obscenity so trivial and insignificant that it can have no effect and may be overlooked." The test was found to be no violation of Article 19. The judge concluded that the word 'Lady Chatterley's Lover' was obscene under Section 292. Section 293 talks about the "sale, hire, circulation etc of obscene objects as mentioned in section 292, to young persons below the age of twenty years" is punishable under the act. Whereas, section 294 describes the punishment for the act of "causing annoyance via any obscene acts in public places or playing, singing, reciting obscene songs, ballads or words in public places". These provisions were treated as the sole guiding light to protect against display or inappropriate acts in or near public places. But they did not provide relief to women who were suffering from immoral depictions of their bodies in media and elsewhere. The Indecent Representation of Women (Prohibition) Act, of 1986 was passed to resolve such issues. In the case of Chandra Rajkumari vs Police Commissioner, Hyderabad , the women's group raised the view that beauty pageants were unconstitutional and were against the public morality, decency and dignity of women and opposed the pageant 'Miss Andhra Personality' as they were allegedly involved in unethical tactics and illegal activities to mint money, which does not fall within the scope of welfare activities for the nation's women, especially when it is not certified and is not recognised in the industry as a distinguished or esteemed competition to participate in. The petitioner's arguments were- “A beauty pageant amounts to an immoral representation of women under the Indecent Representation of Women Act 1986. A beauty pageant in any form is unconstitutional as it is not included within the spirit of Article 21, Article 14 and Article 51A(e) of the Indian Constitution. The basis of a beauty pageant does not align with the international conventions and United Nations resolutions on women. Beauty pageants outrage the modesty of a woman and hence should be punishable under section 364 of the Indian Penal Code. Beauty contests are not a fundamental right guaranteed under Chapter III of the Indian Constitution.” The High Court of Andhra Pradesh held that it will be a matter of fact whether a beauty contest is obscene or not, depending on the facts and circumstances of each case, which should be monitored, prevented, checked, controlled, and penalised, and if possible, abolished by legislation. Sections 3 and 4 of the Indecent Representation of Women (Prohibition) Act, 1986, make the violation of Section 2 (c) of the Act completely illegal. Herein, Such a breach is penalised under Sections 6 and 7 of the Act, both in terms of offenders and abettors who directly or indirectly advocate, participate in, or aid in the holding of such contests. The court also observed that the Indecent representation of women in beauty pageants violates Articles 14, 21, and 51(a) of the Indian Constitution and the international covenants accepted by the United Nations, as well as a violation of human rights as defined by the Constitution and any law relating to the protection of human rights, and is punishable under Indian law. Article 21 and its Correlation to the Act Article 21 of the Indian Constitution provides every individual with the right to live a life of dignity. This fundamental right is available to all persons, including citizens and non-citizens, and cannot be suspended except in cases of emergency. The Supreme Court has broadened the definition of personal liberty to cover a wide variety of freedoms such as the right to privacy, the right to live with dignity, and the right to physical integrity. This means that people have the freedom to make their own decisions about their lives without intervention from the government or other people. However, personal liberty is not an absolute right and can be restricted in certain circumstances. In the case of Maneka Gandhi v Union of India , it was decided that the right to life is not limited to physical survival alone, but also includes the right to live with dignity as a human being. This means that individuals have the right to be treated with respect and given opportunities to live a meaningful life. The term "human dignity" refers to the inherent value and worth of every person, regardless of their social status or circumstances. In the case of Ajay Goswami vs Union of India , a writ petition was filed in the Supreme Court against Article 19(1)(a) pleading that no sexually exploitative content should be published in the press since it is detrimental to children. He went on to say that the right to free expression should not be permitted to override the right to educate and safeguard children. He believed that such items in the papers would affect the child's mental health and fill the child's mind with negative beliefs. He pleaded that publications be given precise rules on what they could and could not print. Furthermore, they must ensure that their content is appropriate for children and that no content is inappropriate for children unless the supervision of a teacher or a parent is required. Newspapers containing such information must be packaged separately and have a disclaimer on the first page, allowing parents to decide whether or not to purchase the paper or allow their children to read it. In its judgement, SC held that newspaper agencies are already forbidden from printing obscene materials under Section 292 of the IPC. Furthermore, it ruled that there was insufficient evidence presented to justify restricting the freedom of speech and expression guaranteed by Article 19 of the Constitution. In response to the topic of imposing a blanket prohibition, the court stated that in such a case, the newspaper would only contain items that would appeal to children and not adults. Control regulations are already in place, hence the petition was dismissed. The court held that nudity alone does not make material legally obscene. The above judgement shows that the right to personal liberty is a crucial aspect of democracy and human rights. It assures that people can follow their aims and objectives without fear of arbitrary interference. PRESENT STATUS OF THE LEGISLATION The Indecent Representation of Women (Prohibition) Act of 1986 was amended in 2021 to reinforce its provisions and make it more effective in preventing women's objectification and sexualization. The revised Act broadens the definition of "indecent representation" to encompass any disparaging, humiliating, or demeaning visual image of a woman. The use of any electronic communication to publish or transmit such material is likewise included. The Act also introduces stricter penalties for offenders, with imprisonment of up to five years and a fine of up to Rs. 10 lakhs for first-time offenders. Repeat offenders can face imprisonment of up to seven years and a fine of up to Rs. 20 lakhs. Furthermore, the amended Act also includes provisions for the establishment of an Inter-Ministerial Committee to review and monitor the implementation of the Act. BLUEPRINT OF THE ACT The act was passed by the Parliament in the thirty-seventh year of Independence. It aims to prohibit any indecent representation of women in India utilizing advertisements, writings, paintings, figures, publications or any other form. The jurisdiction of the act extends to the whole of India, including Jammu and Kashmir. The act aims to prevent the objectification and sexualization of women in media and other visual representations. The act also seeks to promote gender equality and protect the dignity of women. PROVISIONS OF THE ACT Section 2 of the Act defines various terms used in the Act. Some of the definitions are- Advertisement, includes any form of notice, wrapper, label, document or any visual representation through light, smoke or gas. Indecent representation of women is defined as the portrayal of women, their form or body or part of it in a manner that is derogatory and inappropriate and corrupts or injures morality or public order. Label, means any written, marked, printed matter affixed upon a package. Distribution, includes the distribution of samples free or paid. Section 4 of the Act is a restrictive provision that prohibits the hiring, selling, and circulation of books, paper, writings, paintings, drawings etc that are indecent or obscenely represent women. These also have certain exceptions such as material published in good faith for public interest, education or religious purposes. It also includes sculptures, paintings or idols that have archaeological or religious value. Section 5 grants powers to an officer authorized by State Government under jurisdictions. These powers include the search of premises at any reasonable time, seizure of any material that contravenes the Act, and examination of records and documents. This provision comes with certain exceptions as well given in the Proviso of the section. These include restrictions on entering a private dwelling without warrant, and the duty of the officer to inform a magistrate of jurisdiction. Section 6 of the Act lists various legal penalties and punishments for individuals who act in contravention of the rules laid down in the Act. Section 7 deals with the offence committed by a company and that the person in position at the time of commission is responsible for the act committed. Section 9 of the Act safeguards the State and Central Government from suit when they acted in good faith and public interest. Section 10 of the Act grants powers to the Central Government to make rules and carry out the provision of the act. LOOPHOLES IN THE ACT Despite the existence of laws and the implementation of severe penalties for conduct that violate the provisions of the Act, agencies and individuals uncover flaws in the Act and exploit them for their gain. There have been instances where people create and distribute pornographic material featuring women under the guise of artistic expression or freedom of speech. It was seen in the case Ajay Goswami vs Union of India that the standard for judging whether a material is "obscene" is that from the view of a common prudent man and not an "out of ordinary hypersensitive man". Keeping this in mind, several cases of indecent representation of women have been dismissed because it does not meet the level of obscene. Many advertising firms employ women as a tactic to attract a larger customer base. The representation of women is done in such a way that the majority of female models are exploited. The use of women to promote a concept or product is becoming more common. Women are employed as a persuasive tool in television advertising. Women make the bulk of purchasing decisions in many cultures, making them a significant target for these advertisers. In the case of manga, and how most women are depicted, most manga contains indecent representations of women, such as sexualized or objectified depictions of women, or illustrations of sexual violence against women, which should potentially be considered obscene under the Act. Creators abuse the exception in Section 4 of the Act by identifying their work as "art" or "literature". As a result, not all manga is necessarily obscene under the Act. In the case of United States of America vs Christopher Handley , Handley pleaded guilty to possessing obscene manga and was sentenced to six months in prison. The case raised questions about the scope of the PROTECT Act, which criminalizes the possession of certain types of pornography, including cartoons and drawings depicting minors engaged in sexual activity. Here, the manga contained material that indecently displayed minor children. Although the Indecent Representation of Women (Prohibition) Act exists and enforces penalties, there is a lack of awareness and knowledge about it in the country. This creates a gap between the act and its goal. Some suggestions for improving its execution include: Increasing the general public's and media outlets' understanding of the Act More resources for law enforcement authorities to enforce the Act effectively Making certain that the consequences for breaking the Act are severe and efficiently enforced Encourage media outlets to promote positive and diverse female representations Encouraging advertisers to refrain from using sexualized images of women to sell goods or services. CONCLUSION Lastly, this study addressed the complicated legal concerns surrounding obscene displays of women. A thorough examination of relevant case law, statutes, and scholarly opinion revealed the intricacies of the Act. While there are undoubtedly ongoing controversies and uncertainty in this area of law, the findings of this study can assist in shaping future legal advancements and policy decisions. Finally, this work will help to create a more sophisticated and just judicial system. The analysis has established the act's foundation and implementation. These discoveries have far-reaching ramifications for legal practitioners, policymakers, and academics alike. In the future, it will be critical to continue looking into these concerns and to create more powerful legal structures capable of addressing the challenges created by the Indecent Representation of Women Act. Finally, the goal must be to ensure that the law promotes justice and fairness for all.

Author: Varsha Agarwal, IV year of B.A.,LL.B.(Hons.) from National Law University, Jodhpur. INTRODUCTION “We live on veils for protecting ourselves from evil things… or for hiding our evilness.” -Yeshfin Idris The idea of an association having a distinct legal personality from its members can be traced to the case of In Re: The Kondoli Tea, where the Calcutta High court held that the Kondoli Tea Co. Ltd is a separate body. The concept was then further explained and reiterated in several other cases, the most famous being, the case of Salomon v. Salomon, where the juridical persons were classified into:- i. Corporate Body - any form of association of natural persons formed to protect the collective interest of its members; and ii. Body Corporate - corporate body which has an independent and distinct legal personality separate from the natural persons forming it. However, the corporate veil of a company can be lifted in certain situation. Thus, it becomes important to look into the grounds under which such lifting can be done, especially if such grounds are not precisely defined under law such as public interest. Current Legal Position A. Piercing of Corporate Veil The main significance of corporate veil is that it limits the liability of its members because for the defaults made by the company (there are several forms of body corporates, one such form which is registered under the Indian Companies Act is called company) in the course of its business, mentioned in the memorandum of association, it is the companywhich is made responsible, not the individuals. However, in reality, the business is conducted by these persons for their collective interest as held in the case of Gallaghar v. Germania Brewing Company –“By fiction of law, a corporation is a distinct entity, yet in reality it is an association of persons who ape in fact the beneficial owners of all the corporate property.” Consequently, there it is a possibility that under the grab of the corporate veil, they commit fraud, do any illegal activities, going beyond the scope of their memorandum of association. Thus, to restrict such wrongful conduct came, the concept of piercing/lifting of corporate veil.Such lifting of corporate veil comes from the mix of bracket theory and purpose theory. A company is made for the purpose of allowing the individuals to represent their interest collectively but if they go beyond this bracket, the corporate veil is lifted. The questions with regard to the scope and nature of the corporate veil were resolved by cases like, Life Insurance Corporation of India v. Escorts Ltd and Cotton Corporation of India v. Odusumath, where it has been held that corporate veil is not absolute, but it can be pierced only for compelling reasons. Life Insurance Corporation held that “The corporate personality may be ignored and the individual members recognised for who they are in certain exceptional circumstances… generally and broadly speaking, the corporate veil may be lifted where a statute itself contemplates lifting the veil, or fraud or improper conduct is intended to be prevented or a taxing statute or a beneficent statute is sought to be evaded or where associated companies are inextricably connected as to be in reality, part of one concern.” Similarly, Cotton Corporation held that “Lifting of the corporation veil of a company as a rule is not permissible in law unless otherwise provided by clear words of the statute or by very compelling reasons such as where fraud is intended to be prevented or trading with enemy company is sought to be defeated.” The courts may lift the corporate veil may broadly under the following two categories:- i. Under statutory provisions: Under the Indian Companies Act [Hereinafter “ICA, 2013”], mentions sections like section 12, section 35, section 39, etc. expressly state that the members will be personally liable; Foreign Exchange Management Act and other statues. ii. Under judicial interpretations: The courts have also lifted the corporate veil, even in absence of statutory provisions,by citing public interest. B. Public interest Public interest is the second ground to pierce the corporate veil. Statutory provisionsare defined in certain terms, but not public interest. Consequently, it becomes important to look into its usage, scope and meaning. I. Case Laws There are numerous cases where public interest has led to the lifting of corporate veil. In the case State of Rajasthan v. Gotan Lime Stone, the corporate veil was used to do an act indirectly which is directly prohibited by law, i.e., sale of the license to a company outside the corporate group, without informing the government and without payment of transfer fee, which goes to the public exchequer and is used for public welfare. Thus, the action was held to be violative of public interest and led to lifting of corporate veil. In other cases, public interest has been usedto protect government revenue (Sir DinshawManeckjee Petit Re), to prevent sham incorporations (Delhi Development Authority v. Skipper Construction), prevent use of company for illegal purposes (PNB Finance Limited v. Shital Prasad Jain), and so on. II. Definition and Scope Black law’s dictionarydefines public interest as the interest of the society at large as compared to that of an individual person or an entity. A thing is said to be in public interest where it is or can be made to appear to be contributing to the general welfare rather than to the special privilege of a class, group or individua, as per NR Murthy case. However, there is no particular general definition which is given to the term public interest by courts. It remains as a case-to-case analysis, where as per the facts and the context, the meaning is given to public interest. In State of Bihar v. Kameshwar Singhit was observed that the phrase “public purpose”, is not capable of being given a precise rigid meaning. It is an elastic concept which takes its colours from the statute in which it occurs, the concept varying with the time and state of society and its needs. The Supreme Court in Life Insurance Corporation v. Escort held that “it is neither necessary nor desirable to enumerate the classes of cases where lifting the corporate veil is permissible, since that must necessarily depend on the relevant statutory or other provisions the object sought to be achieved, the impugned conduct, the involvement of the element of the public interest, and the effect on the parties who may be affected etc.”Thus, the scope of public interest in the Indian jurisprudence remains wide open. Analysis “The idea of public interest is a vague, impalpable, but all controlling consideration.” - Frankfurter, J The scope of public interest seems to be ever expandingdue it being not defined anywhere. There are disadvantages to leaving things wide open. An open-ended definition can be misused to unnecessarily interfere with the working of corporates. There will be no certainty that the corporates would have with their actions because without the a precisedefined anyone can object to its decisions on the ground of being violative of public interest, increasing the litigations and thereby increasing the costs and wasting time of the corporate as well as the courts when cases are frivolously filed. The judges can mold the concept as per their whims and fancies. However, despite these disadvantages, there are stronger reasons to keep the term open-ended:- I. Significance of Public interest It was public interest for which the political system was created. Social contract theories state that humans created civil society to ensure better protection of their life, liberty and interests which were always under a threat in the state of nature. If one closely looks at the concept of corporate veil/corporate legal personality, one can see it also came for interest of the people. It came to allow its members protect their collective interest better by forming an association as well as to help them limit their liability. So, it would be ironical and absurd to allow its usage to go against the public interest, to use the veil to legitimize acts against the public. This is the rationale behind keeping public interest as a ground to lift the corporate veil. The importance of the term public interest is so much so that it is a ground not just to lift corporate veil, but several other actions. The phrase public interest has been used numerous times in the ICA, 2013- under section 210, public interest allows the government to investigate into the affairs of the company; under section 462 certain companies in public interest can exempted from the provisions of the ICA, 2013; under section 446A, public interest is a ground to determine the level of punishment; etc. Not just in company law, public interest is used as a defence against so many other actions ranging from making contracts to exercising fundamental rights. Defining such a significant term in few limited words is undermining its importance. II. Dynamic term With the frequent changes in our social, political, technologicaland economic environment, the concept of public interest is destined to alter as well, and giving a rigid definition to the same will defeat the purpose of it being a ground to lift corporate veil. One can simply look at the idea of crypto-currencyto realize that new ideas keep on evolving and are too complex to be anticipated. III. No agreement Everyone believes in the idea of protecting public interest but what the concept exactly entails, is what creates a divide among the people. There are as many definitions of public interest as many as the people in this world. So, how could someone expect the judges to define such a significant dynamic concept in precise terms. The situation is very similar to that in Kesvanada Bhartiwhere the majority judges agreed that there is a basic structure but as regards to what constitutes the basic structure there is a divide. IV. Only partial breach It is also to be noted that when the corporate veil is lifted, the lifting is limited. Only the officers in default read with controlare held responsible, not every person. For instance, in the case of Escort there was a need to determine the nationality or origin of the shareholders.The corporate veil was lifted to only that extent and no more. V. Loopholes One can simply look at the rationale for the development of competition law and reasons for criminalizing insider trading, money laundering, other economic offense to realize human beings always wish to maximize their wealth. Similarly, the company owners and managers are always on the lookout for maximizing their share value/improving their returns. They don’t care about the interest of the society at large. So, once the phrase ‘public interest’ is defined, they would obviously find loopholes in the same as creating a fool-proof definition is not a possibility. VI. Absurdity A body corporate is said to be amixing point of realist and artificial person theorybecause though it a real person because it has an interest which is protected by substantive law, it still possesses no brain of its own. The body corporate depends on its natural persons to take decisions and explained as above is the nature of humans. So, once the term is defined, corporate will be held responsible for acts against public interest, that don’t fall in the definitioninstead of the members who run it, which is absurd. VII. Rule of law It is true that having certainty in law is a fundamental part of rule of law but an equally fundamental part is making sure that the law is wholesome. To make the law wholesome, it is necessary that the judiciary must have a tool in its hand to safeguard the society and such tool is possible only when the definition of the term public interest is kept open, because when all grounds fail, public interest is there as a last resort to do complete justice. VIII.Other Solution to the objections As regards to the objection about having certainty, the court can instead of defining the term public interest completely provide some instances of what the term includes and anyways, each judgment itself acts an instance providing the body corporates, a basic sense as to what the term entails.Also, if the company is not doing anything unethical, it doesn’t have a problem with the term being undefined. Regarding the problem of litigation and whimsical judges, such a problem exists not just for companies but for all entities and the solution for it is efficient judiciary, rather than definition of public interest. Thus,though there are arguments to define the term there are even stronger arguments to keep it open. CONCLUSION “Virtue has a veil; vice has a mask.” -Victor Hugo Corporate veil refers to the fictitious barrier between the body corporate and the persons forming it.Two circumstances allow for its lifting —statutory provisions and judicial interpretation/public interest. The Indian courts have kept the term public interest open-ended, but a vaguedefinition can be misused to unnecessarily interfere with the corporates. However, defining the same creates larger problems because the meaning of the term changes with time;being such a wide and significant term even in the present time, it can’t be defined; definitionswould differ highly among the judges, definition won’t be fool-proof making it liable to be misused, which is one of the objections against keeping it open, and such others. The objections to it can be resolved by other ways like giving a tentative list of instances covered by public interest. If every human was an angel, there would be no need of governance but since this is not the case, public interest must be protected, for which an expansive meaning of public interest is needed. End Notes · In Re: The Kondoli Tea Co. Ld. v. Unknown, (1886) ILR 13 Cal 43. · Salomon v. A Salomon & Co Ltd, [1896] UKHL 1. · Indian Companies Act, 2013, No. 18, Acts of Parliament, 2013 (India). · Gallaghar v. Germania Brewing Company, [1893] 53 MINN. 214. · Life Insurance Corporation of India v. Escorts Ltd, 1986 AIR 1370. · Cotton Corporation of India v. G. C. Odusumath, ILR 1998 KAR 2553. · GK Kapoor,Company Law and Practice 19-27 (Taxmann 2019). · Foreign Exchange Management Act, 1999, No. 42, Acts of Parliament, 1999 (India). · State of Rajasthan v. Gotan Lime Stone, AIR 2016 SC 510. · Sir DinshawManeckjee Petit Re, AIR 1927 Bom. 371. · Delhi Development Authority v. Skipper Construction Company (P.) Ltd., 1996 SCC (4) 622. · PNB Finance Limited v. Shital Prasad Jain, [1983] 54 Comp. Cas. 66 (Delhi). · Public Interest, Black’s law dictionary (14th ed. 2021). · N.R. Murty v. Industrial Development Corporation of Orissa Ltd., [1977] 47 Comp. Cas. 389 (Ori.). · State of Bihar v. Kameshwar Singh, AIR 1952 SC 252. · Kesavananda Bharati vs State of Kerala, AIR 1973 SC 1461.

Author: SUKASHNI P, II year of LL.B. from GOVERNMENT LAW COLLEGE, COIMBATORE Dwarka, was very happy and enthusiastic, received her father, Prof. Krish, with a glittering smile in her face, the reason for her happiness is that she got selected in most reputed school of her locality to purse her higher secondary, the family members felt very pride and happy because the institution had produced lot of legends, now her daughter too got an opportunity to study in the institution. Dwarka got the admission form to fill her details, her father instructed her to go through the form once, then proceed, obeying the words of her dad she started to go through the application, after some lines in the column of Gender she caught the new category called OTHERS, she was surprised what is mean by others, she interrogated with her fatherregarding the category called other, her father explained that those are the people who biologically different from heterogenous gender people. Dwarka was become curious and started to research about the people. After reading some articles she came to know about the THIRD GENDER people existence and their pathway of living. Dwarka came to her father in the evening, asked her father to answer her question, her father was ready to answer, Dwarka started stating her father to imagine the situation by replacing him in that situation and answer. Dwarka started to narrate the situation to her father,“you’re happy with your family, studying in school and having en-number of friends in the school, moreover you are the best boy in your neighborhood who excel in studies, games and in discipline. One day suddenly your parents threw out of the home, beating you constantly, asking you go anywhere don’t come here at all, the neighbors started to shut their doors and friends moving out from you, everyone just watching and treating you like a monster or some alien. You have neither the financial assistance noreven a penny, no relatives, friends or even anyone is ready to hear you, you don’t know where to go and how to survive, but the most devasting thing is you don’t know what happening to you and why your parents and friends behave like such”, dad in this scenario what you will do dad and how you will survive?The situation was really shaking Prof. Krish! suddenly he replied, this imaginary situation is cruel in nature how like such could happen to anyone? Dwarka replied in the calm tone, yes dad this situation is really cruel in nature, we can’t even imagine ourselves in this situation, but dad this is reality for lot of our so called “OTHERS” category people, they suffer lot and even more dad. Prof. Krish was stunned by Dwarka words because the words of her is true, being in the society we never thought of these people, never had an interest to know about these people, we just always came over about these people existence only during filing any form or in the negative perspective, as we people always tame them in the negative dominion, forgot them even as the normal Human being like us. As the above anecdote is the reality, we the people in this independent world still chain the lot of people and exclude them not even considering them as the living creature, those too have feeling, pain and especially have the same birth right that what we all enjoy. This is time to raise the SOCIAL WELL BEING OF THE OTHERS to promote the humanity and uphold the enshrined rights of them to enjoy. The intent of this article to enlighten and aware ourselves to niche for the welfare of the Sexual minorities, not as exclusion, but to the inclusion of the society. As often the sexual minorities are been treated as an invisible one in the society because we people are not intending to recognize and remember them, that they possess the rights and equality as we enjoy. In this article the focus is main on the social wellbeing, the social well being place a vital role in every human being to lead a happy, healthy and dignified life in the society. The extreme social exclusion, discrimination, stigma and atrocities diminish self-esteem and sense of social responsibility2. The landmark judgment of Supreme Court in,Olga Tellis case recognizes that,” Right to live hood is the integral part of Right to life Article 21” of the constitution, without the existence of right to live hood the right to life shall not be exist3, but here in the scenario the sexual minorities are often exclude from the majorities, they totally dealt to think that they are different from the majority one, especially this exclusion leads them to deprivation of the Fundamental rights under the Part III of the Constitution and Universal Declaration of Human Rights. The social exclusion, illiteracy, no job opportunity and poor implementation of government policies pushes them in the vitiated situation, leads them to divert and finally makes them to get into trouble9. The non-acceptance of the majority people and social exclusion makes them to face difficulties in obtaining the basic necessities to live i.e., food, shelter, clothes, education and job. The darkness of the exclusion and discrimination chase them everywhere, in educational institution, workplace, temples, public places and in their own home, this agony create chaos, leads them to mental depression leads them to commit suicide. The research says, High level of discrimination may underline the observations of greater morbidity risk among sexual minorities4. The non-attainment of basic necessities and discrimination makes them to get involved in the sex work, there they even face exploitation, trafficking and slavery, even treated as the bonded sexual worker, because abuser is aware about the circumstances of their exclusion in the society and easily struck into the trap8. Most of the sexual minorities undergo sex work only to attain the daily wages and daily necessities, the vulnerability of them is non-explainable. Sex work by the sexual minorities invites exploitation by both, clients and police. There has been a landmark judgment by Delhi high court in Naz Foundation5, upheld their rights, the court recognized the anachronism sociated with Section 377 IPC and interpreted it to exclude sexual acts between consenting adults, thus decriminalizing homosexuality. This judgment may be regraded as one of the stepping stone to uphold the rights of sexual minorities. In sometimes the Media also tends to play the negative role in projecting the sexual minorities as violent and criminal in nature. The Media may also focus on the pain and agony undergo by the sexual minorities in order for their upliftment. This structural stigma leads to increase in the death rate of sexual minorities, HHS Public access6 conducted the structural analysis, the objective of the analysis to assess the impact of structural stigma within a given community on accelerating the time to death by 2008 for sexual minority populations. To utilized Cox proportional hazard models were adopted, the five test procedure. The findings of the report says that structural stigma would be the consequences associated with the morality among sexual minorities. The analyzation is the proof, the discrimination and stigmatization are the worst mental pressure which abet the people to commit suicide. In the bottom line the discrimination of these people is equal to creating an atmosphere for them to end their life. As the human being with the humanity let’s stops the chain for the atmosphere for suiciderather promote the humanity to the sexual minorities and accept them in the society for their social well being to the attainment of the rights. The court also ruled that the Indian Constitution mandates the recognition of a third gender on official documents, and that Article 15 bans discrimination based on gender identity7. The violation of basic human rights of this community and need the proper implementation of the provision enacted, in need for their protection and equal opportunities like any other law abiding the citizen1. As per the law of land the discrimination shall be stopped on the sexual minorities and envisage soon to recognize and merge them to the society by eradicating them from the list of marginalization. END NOTES 1. Report of PUCL (People’s Union for Civil Liberties). Human PUCL-K fact-nding report about Bangalore 2001. Available rights violations against sexuality minorities in India. 2. Khan SI, Hussain MI, Parveen S, Bhuiyan MI, Gourab G, Sarker GF, et al. Living on the extreme margin: social exclusion of the transgender population (hijra) in Bangladesh. 3. Olga Tellis Vs. Bombay Municipal Corporation 1985 SCC (3) 545 4. Mays VM, Cochran SD. Mental health correlates of perceived. 5. Naz Foundation Vs. NCT Delhi 2009 160 Delhi Times 277 6. HHS Public Access Public Document 7. LGBTQ+ Rights in India Wikipedia. discrimination among lesbian, gay, and bisexual adults in the United States. Am J Public Health 2001; 91 : 1869-76. 8. "Global Human Rights Defence". Ghrd.org. Archived from the original on 13 November 2020. Retrieved 26 January 2021. 9. "7 Indian LGBT icons you need to know about, from Lilly Singh to Dutee Chand". South China Morning Post. 6 June 2022. Retrieved 16 April 2023. J Health Popul Nutr 2009; 27 : 441-5

Author: Vandana, II year of B.A.,LL.B. from SRM UNIVERSITY ABSTRACT “Elections belong to the people. It's their decision. If they decide to turn their back onthe fire and burn their behinds, then they will just have to sit on their blisters.”[1] - “Abraham Lincoln” India, that is Bharat, is the country with 3.287million square kilometer of area, bounded by the great Himalayas in North and spread to Indian Ocean in South, widely known for its motto of “Unity in Diversity[2]”. India has a long historical past from Mughals to Britishers that plays crucial role in shaping and re-structuring India, especially its political arena. India has a long historical past played an crucial role in shaping and re-structuring the political regime of the country. Certainly, there is no wonder in the view of fact that familiarity with the system , collective responsibility , and nature of Indian society made us to opt for the parliamentary system of government over the presidential one [3]. The same idea has been promulgated by DrAmbedkar in his constituent assembly debate that “A democratic executive must satisfy two conditions: stability and responsibility. Unfortunately, it has not been possible so far to devise a system which can ensure a both in equal degree. The American system gives more stability but less responsibility. The British system, on the other hand, gives more responsibility but less stability. The -Draft Constitution in recommending the parliamentary system of Executive has preferred more responsibility to more stability.”[4] In a parliamentary form of government, the President is the nominal leader (De Jure) of the country and the country's first person and works with the help and advice of the Cabinet and the President. But the point to ponder over is on the election process of the president which is based onmechanism of indirect election.As Article 55 of the constitution of India determine manner of election of president.[5] After the repeal of article 370, the state's constituencies have changed, and this article will mainly deal with changes in elections. The President appointed the university after the repeal of Article 370. KEYWORDS Article 370 of the Constitution, Certificate of Non-Representation, Employment of Representatives, Employment Bureau, Federal Law, Single Election, Presidential and Presidential Election Act, 1952 INTRODUCTION AND MECHANISM OF PRESIDENT ELECTION The Article 52 of constitution states that “There shall be a President of India.” which indicates that there is mandate of office of the president[6]. This shows the authority of the president. But the question is how such leaders are chosen. To strengthen and reform this constitution, the Legislature passed the Presidential and Vice Presidential Elections Act of 1952, along with the rules made under that law. TO QUALIFY AS PRESIDENT OF INDIA There are certain prior conditions which needs to be fulfilled to qualify the eligible of the president of India. The article 58 describes the same as : “Art 58. Deals with the Qualifications for election as President: (1) No person shall be eligible for election as President unless he (a) is a citizen of India, (b) has completed the age of thirty five years, and (c) is qualified for election as a member of the House of the People (2) A person shall not be eligible for election as President if he holds any office of profit under the or the Government of any State or under any local or other authority subject to the control of any of the said Governments Explanation For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or VicePresident of the Union or the Governor of any State or is a Minister either for the Union or for any State”[7] The lifeblood of election of president is enshrined in the Article 54 and 55 of constitution which are as follows: “Article 54 states that The President shall be elected by the members of an electoral college consisting of – (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. Explanation: In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union territory of Pondicherry.[8] Art55. Manner of election of President (1) As far as practicable, there shall be uniformity in the scale of representation of the d different States at the election of the President (2) For the purpose of securing such uniformity among the States inter se as well as parity b between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner: (a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly; (b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub clause (a) shall be further increased by one; (c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub clause (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one half being counted as one and other fractions being disregarded (3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot Explanation n this article, the expression population means the population ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census”.[9] OFFICE OF PROFIT The idea of "working for profit" was preluded to ensure the independence of the legislature and to avoid conflicts of interest that can arise if a member of the legislature and his or her work as a leader work hard. finance and financial support[10]. Under Indian law, a profit office is defined as an office or designation created by or on behalf of a government, including local government, state government or local government. If anyone is in this position, he should resign before he becomes president.. ELECTORAL QUALIFICATIONS The Electoral Board consists of members elected by the Indian Parliament, the states Legislative Councils and the Ministry of Justice, Delhi Justice and Pondicherry who appoints the President in his capacity as Head of State. INDIRECT ELECTION When citizens of a country directly elect their representatives, it is called direct elections. An example of direct election is the Lok Sabha election. For example, in indirect elections, the voters who ultimately elect their representatives are chosen by the electorate rather than the actual voters (i.e. the people). THE PRESIDENTIAL ELECTORAL COLLEGE Although the electoral board is established by the legislature, not all members of the legislature have the right to vote in the presidential election. Deputies can be divided into two groups according to the distance they come from: Elected Members of Parliament These deputies are elected by election. This refers to those who participate in the Lok Sabha or the State Legislature as by-election or state legislature In the case of Rajya Sabha, it refers to those who join the House of Representatives after elections have been held in the state legislature to which they are concerned. Nominee Members These legislators are appointed by the President or Governor (if applicable) without going through the selection process. Elected members include: • 2 members appointed by the central government to the Rajya Sabha to represent the Anglo-Indian community; • If the state government decides that the community is represented in the Legislative Assembly, 1 member is elected by the state government on behalf of the state. Firstly, Only elected members of the Parliament i.eloksabha and rajyasabha and secondly ,state legislatures can vote in presidential elections. Therefore, candidates are not eligible. Also, those belonging to VidhanParishad (states with Electoral Colleges) cannot hold office in Electoral Colleges. PARTICIPATION OF UNION TERRIOTORY IN PRESIDENTIAL ELECTION Interestingly, the 70th Amendment Act to the Indian Constitution, allows union territory of Puducherry and delhi only to participate in the election due to presence of the state legislative assembly in these states. It implies that rest of union territory cannot participate in election ELECTORAL COMMITTEE VOTE SHARE Not only is the election of the President conducted through an electoral college, but it also doesn’t follow the concept of “one man, one vote.” Given the fact that the election is an indirect one, and geared to represent the choice of the country as a whole, the Constitution prescribes a specific formula to calculate the value of the vote cast by every elector. The election of president is different from other elections as it is not based on the concept of “one vote for one man” .There is totally different methodology used for calculating the value of the vote casted, which is based on principle of uniformity and parity . · Uniformity This principle was enshrined to provide the equal status of all states , neglecting the differences in their size , population or otherwise. · Parity This model aims to achieve equality between all Indian states and the Union territories in order to preserve the idea of ​​federal structure. This model preludes several ways to calculate MP and MLA weights. Calculation of the vote share of an MLA SINGLE TRANSFERRABLE VOTE The basic origin of this mechanism can be traced back to Britain ,Northern Ireland ,the Republic of Ireland ,Malta Scotland and Australia. This system is also known as “the ranked choice system” based on the proportionate representation. Electoral Quotas= {total number of valid votes /(no. of vacancy+1)}+1 The working of this system depends on the quotas ,in which the candidate who manages to secure more number one than quota , wins and is elected. In case , no candidate is able to pass the quota ,then counting is done to eliminate the least popular leader. Illustration Let take a hypothetical example of presidential election where the total number of valid voter(let say) be 200 Case1 In this scenario the the candidate should get atleast 101 valid votes to win the election i.e (50%plus 1) .But here in the scenario ,the candidate A gets only 88 votes and need 13 more votes to win the election . Therefore ,we will look for the second preference of the people in order to win the election as voting was based on the single transferrable votes and for this , we will eliminate the candidate with the least number of votes. Case2 Second round counting Herein ,the candidate C has the least number of votes .therefore ,we will look for the second preference of the voters of candidate C. Let say ,out of 25 valid voters that C has obtained : A is second preference of 10 candidates B is second preference of 8 candidates D is second preference of 7candidates It is observed that still,no candidate manage to win .henceforth, third round counting will take place and the process will be caried out further Case 3 Third round counting Herein ,the candidate B has the least number of votes .therefore ,we will look for the second preference of the voters of candidate B Let say ,out of 35 valid voters that B has obtained : A is second preference of 18 candidates D is second preference of 17candidates And we will look for the third preference of the votes attained by B i.e 8 votes which were transferred from C to B A is second preference of 5 candidates D is second preference of 3candidates Therefore ,it can be seen the A pass the said criteria and win the election with 121 votes i.e 60.5% VACANCY IN OFFICE OF PREDIENT The office of president gets vacate on the following scenario: 1. Due to death 2. by Resignation 3. By removal or Impeachment 4. On expiry of the term period of president CHANGES IN ELECTORAL COLLEGE OF PRESIDENT AFTER ABROGATION OF ARTICLE 370 Article 370 of constitution is perceived as the temporary provision which provides Jammu and Kashmir a special status .But , it is seen that after abolition of article 370 , Jammu and Kashmir gets divide into two territories and Union territories of j&k; will have a legislature and Ladakh will have no legislative assembly similar to Chandigarh. As per the people representation act, the state legislature was dissolved and the new legislative assembly was yet to be reconstituted .Henceforth , It was not supposed to participate in the presidential election of 2022.In the presidential election of 2022 , 87 MLA of J&K; were removed from the total number of MLA of 4120. “Moreover out of 771 MP entitled to votE (05 VACANT) and similarily out of total 4025 MLA entitled to vote (06 vacant and 02 disqulified CONCLUSION In the 2022 presidential election BJP candidate DrapadiMurmu contested against Yashwant Sinha . “Murmu benefited from cross-voting in her favour, as she got 1,349 votes valued at 483,299 out of 1,886 votes valued at 673,175 after the third round, in which votes cast by MPs and MLAs of ten states were covered. Sinha polled 537 votes valued at 189,876.The former governor of Jharkhand took a big lead after the first round of counting, which covered the votes cast by MPs, winning 540 votes valued at 378,000 out of the total 748 valid votes valued at 523,600. Sinha got 208 votes valued at 145,600, while votes of 15 MPs were declared invalid.” [1]Murmu wins the elction with 64% of votes and became the first female tribal president of India [1]The economic times,https://www.thehindu.com/news/national/droupadi-murmu-elected-15th-president-of-india/article65667766.ece,(last accessed on 8 may,2023) [1]https://www.slideserve.com/briar/civil-war-timeline(last accessed on 8 may,2023) [2]https://knowindia.gov.in/profile/the-union.php(last accessed on 8 may,2023) [3]https://archive.org/stream/political-science-books/INDIAN%20POLITY%20M.%20LAXMIKANTH%20NEW_djvu.txt(last accessed on 8 may,2023) [4]M laxmi kanth ,Indian polity,6th edition (last accessed on 8 may,2023) [5]http://eci.nic.in/eci_main1/current/FAQ_08062017.pdf(last accessed on 8 may,2023) [6]Constitution of India 1950 [7]Constitution of India 1950 [8]Constitution of India 1950 [9]Constitution of India,1950 [10]https://blog.ipleaders.in/president-election/(last accessed on 8 may,2023)

Author: Ishita Sethi, II year of B.Com.,LL.B.(Hons.) from Jindal Global Law School Abstract Cruelty can be both physical and mental. While physical cruelty can be proven in court using medical records and injury marks, establishing mental damage can often be more challenging given the legal definition of “cruelty” is based only on court rulings. Only “reasonable apprehension of danger” can be used to describe the mental component of cruelty. Through the current paper, the author seeks to delve into the legal and historical context of mental cruelty as a ground for divorce under the ambit of Hindu Law. The research highlights how mental cruelty is still somewhat an abstract concept and how the judiciary has interpreted the concept with the help of various cases wherein mental cruelty was cited as a reason for divorce. Furthermore, it has been discussed in the paper how refusal to indulge in sexual intercourse can amount to marital rape is problematic. Contentions against mental cruelty on women and the emerging concept of cruelty on men is examined, with a discourse on why the establishment of mental cruelty as a ground for divorce is pivotal. Introduction The manner in which religious practices were once carried out has undergone an unprecedented change in India, a nation of many different faiths and sects. Marriage was considered a necessary union between two individuals in Hindu households and their practices, which until recently, were largely based on outdated conventions. It was not just a business deal for Hindus, but rather a religious partnership between two families. The Scriptures suggest that they believed the All-Powerful had arranged a union of seven births. Hindus were expected to follow the ashram system, which required them to visit numerous ashrams during their lives. The four ashrams were Brahmacharya (student), Grihasta (housekeeper), Vanaprashtha (forest dweller), and Sanyassa (abandoning the world). According to common belief, Grihastha was the most significant ashram. This framework serves as the foundation for many Indian personal laws. Attempts to codify Hindu personal law stretch back to 1920, albeit reluctantly. Correct codification, on the other hand, occurred in 1955 and 1956, after Congress passed four major acts. The legislation in question were the Hindu Marriage Act of 1955, the Hindu Adoption and Maintenance Act of 1956, the Hindu Succession Act of 1956, and the Hindu Minority and Guardianship Act of 1956. Religious Hindus, Jains, Buddhists, and Sikhs are all legally classified as Hindus and hence subject to the aforementioned regulations. Hindu Marriage Act, 1955 on Mental Cruelty It is relatively easy to assess or interpret whether a person has been physically abused. However, the negative effects of mental cruelty are difficult to see with the naked eye because it is impossible to read another person’s mind. Most of the time, the victim of mental cruelty is obliged to remain with the other party because they find it difficult to prove mental cruelty in court. In reality, it has a significantly greater impact on the victims’ lives than physical brutality, although it appears to be widely overlooked. Cruelty was never considered as a reason for divorce and was only used in circumstances of judicial separation. The aggrieved party or petitioner had to demonstrate that the cruelty is so severe or painful that it is making it difficult to continue living with their spouse. However, the Supreme Court upheld this in the landmark case of Narayan Ganesh Dastane vs. Sucheta Narayan Dastane in 1975. The court cited the case of Cooper v. Cooperand held that in the cases of cruelty, “very slight fresh evidence is needed to show a resumption of the cruelty, for cruelty of character is bound to show itself in conduct and behaviour, day in and day out, night in and night out.” This resulted in an amendment to the Act that included cruelty as a reason for divorce, as well as the establishment of a legal definition of the term cruelty under this Act in 1976. Given changes in social morals, the 1976 revision of the law made cruelty a reason for divorce. The Court did, however, clarify that courts should only consider matters involving cruelty based on the subject matter of the case. Except for two words added to the act, there was little difference between the grounds for judicial separation and the grounds for divorce after the amendment. This provision gave significantly more weight to proving cruelty as a grounds for divorce than it did to proving it as a ground for judicial separation. Section 10(1) of the Hindu Marriage Act of 1955 added this reason, and "cruelty" now has its own definition. Even before the 1976 amendment, in Dastane v Dastane (1975), the Supreme Court considered the issue of judicial cruelty as well. In that case, the court ruled that the wife’s threats to terminate her life, as well as verbally harassing the husband and his father, constituted to mental cruelty, and granted the husband divorce. Justice YV Chandrachud at the time contended that, “The inquiry therefore has to be whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for him to live with the respondent. It is not necessary, as under the English law, that the cruelty must be of such a character as to cause “danger” to life, limb, or health or as to give rise to a reasonable apprehension of such a danger.” Special Marriage Act, 1954 on Cruelty According to Section 27 (d) of the Special Marriage Act of 1954, “cruelty” is defined as any conduct or behaviour by the respondent towards the petitioner that results in physical or mental suffering, endangers the petitioner’s life or health, or renders it impossible for them to live with the respondent after the marriage has been solemnised. Additionally, the definition of cruelty under the Special Marriage Act bears resemblance to the definition under the Hindu Marriage Act. Indian Divorce Act, 1869 on Cruelty Cruelty to the husband was not regarded as a legal basis for filing for divorce prior to the passage of the Indian Divorce (Amendment) Act of 2001. However, the wife could ask for a divorce due to the husband’s cruel actions as well as his adultery. According to the amended provision of Section 10 of the Act, the petitioner shall be deemed to have a just and reasonable basis for seeking a divorce if the respondent has treated the petitioner with such cruelty as to give rise to a reasonable fear in the petitioner’s mind that it would be harmful or injurious for the petitioner to continue living with the respondent. Indian Penal Code, 1860 on Cruelty In addition to the existing personal rules, Section 498A of the Indian Penal Code makes it illegal to treat women cruelly. It is clearly stated in the clause that any spouse or relative of a husband who subjected a woman to any type of cruelty was subject to a maximum three-year sentence in prison as well as a corresponding fine. It is important to highlight that the criminal offence of cruelty to women, as defined by the Code of Criminal Procedure, 1973, is not subject to bail, is cognizable, and is not compoundable. This law’s scope extends to mental cruelty as well, including torture and deviant behaviour, in addition to physical cruelty. It is important to remember, nevertheless, that Section 498A of the IPC only offers remedies for women who have suffered abuse at the hands of their spouses or family. Sadly, this provision does not offer similar recourse to men who have been victimised by their spouses’ acts of cruelty, especially mental cruelty. Protection of Women from Domestic Violence Act, 2005 on Cruelty The Indian Parliament passed the powerful Protection of Women from Domestic Violence Act, 2005 (PWDVA) with the noble intention of protecting women from the evil of domestic abuse and enhancing their right to life guaranteed by Article 21 of the Indian Constitution. Under the protection of this significant law, any act of domestic violence committed against a wife is severely punished, with a maximum sentence of one year in prison and a maximum fine of Rs. 20,000. This stringent regulation emphasises how serious domestic violence is and how vital it is to safeguard the most vulnerable members of society from its devasting effects. The PWDVA offers innumerable women who have up to now endured in silence a legal framework through which they can seek restitution and live lives of respect and dignity, serving as a beacon of hope for them. What constitutes as mental cruelty? In any of the legislations, Parliament did not provide a comprehensive definition of mental cruelty. As a result, the judiciary has come to understand the phrase based on how it has been construed throughout the years, when the courts have formed grounds for awarding relief for both physical and mental cruelty. The Courts have had various discourses regarding the “intention” part in context with mental cruelty. In Shobha Rani v Madhukar Reddi, the court contended that the context and setting in which the word ‘cruelty’ is employed in the Section 13(1)(i-a) of Hindu Marriage Act suggests that intention is not a required component of cruelty. Similarly, the Bombay High Court found in the case of Bhagwat v. Bhagwat that the husband did not intend to be cruel to his wife, but his actions were cruel. He was suffering from schizophrenia; however, his intentions were nonetheless cruel and hence was convicted. In the case of Samar Ghosh v. Jaya Ghosh, the Apex Court gave their contentions as to what constitutes as mental cruelty. They gave certain illustrations to determine what and what not comes under the ambit of mental cruelty: (i) In light of the parties’ entire married existence, extreme mental pain, agony, and suffering that would make it impossible for the parties to live together could fall within the broad criteria of mental cruelty. (ii) A thorough examination of the parties’ whole marriage history reveals that the situation is such that the offended party cannot fairly be expected to put up with such behaviour and continue to live with the other party, then it would constitute as mental cruelty. (iii) While mere coldness or lack of affection cannot be considered cruelty, frequent rudeness of language, petulance of manner, apathy, and neglect can reach a point where the married life for the other spouse is completely intolerable and would thus lead to mental cruelty. (iv) The act of mental cruelty is a state of mind. If one spouse feels deep anguish, disappointment, and frustration due to the conduct of the other for a long period of time, this may lead to mental cruelty. (v) Mental cruelty is also abuse and humiliation which is intended to torture, discommode, or otherwise make the spouse’s life miserable. (vi) A spouse’s persistent unjustifiable behaviour actually affects the physical and mental health of the other spouse. There must be an extremely grave, substantial, and weighty danger or apprehension resulting from the treatment complained about for it to fall under the scope of mental cruelty. (vii) Mental cruelty can also be constituted by sustained reprehensible conduct, studied neglect, indifference, or total departure from conjugal kindness resulting in mental injury/sadistic enjoyment. (viii) To grant a divorce based on mental cruelty, the conduct must go far beyond jealousy, selfishness, possessiveness, which can cause unhappiness and dissatisfaction. (ix) Divorce based on mental cruelty cannot be granted for trivial irritations, quarrels, or normal wear and tear of marriage. (x) Several isolated incidents over a long period of time do not constitute cruelty in the context of married life. Where the relationship has deteriorated to the point where, due to the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, the ill-conduct may amount to mental cruelty. (xi) Sterilisation surgery may be considered mental cruelty if a husband undergoes it without the consent or knowledge of his wife and without any medical reasoning, or a vasectomy or abortion without any medical reasoning may be regarded as mental cruelty if the wife undergoes it without her husband’s consent or knowledge. (xii) If a person unilaterally refuses intercourse for a prolonged period without valid reason or physical incapacity, it may amount to mental cruelty. (xiii) After marriage, either spouse unilaterally decides not to have a child from the marriage, then that would lead to mental cruelty. (xiv) After a long period of continuous separation, the matrimonial bond may be considered irreparable. Although there is a legal tie between the couple, the marriage is merely a fiction. Whenever the law refuses to sever that tie, it violates the sanctity of marriage and disregards the feelings and emotions of the parties. Mental cruelty may result in such situations. This list, however, is not exhaustive. Another source of contention is the Supreme Court and several High Court judgements ruling that denying sex constitutes mental abuse. The court has authorised this idea, but it has yet to rule on the subject of marital rape. Although marital rape has not yet been criminalised, it is a form of mental cruelty against a wife. This shows a lack of respect, dignity, and sensitivity towards his wife, as well as a violation of her right to life and freedom under Article 21 of the Indian Constitution. The woman cannot be considered as someone “who has no control over her body and has no right to refuse sexual intercourse with her husband.” The Delhi High Court in 2022 acknowledged certain petitions which sought to criminalize marital rape which was then filed to the Supreme Court wherein Justice Shankar held that exception 2 to Section 375 of the Indian Penal Code is not in violation of the Indian Constitution. However, it must be stated that acts that psychologically harm a spouse fall under the category of mental cruelty. Putting a wife under duress by forcing her to have sexual intercourse with her husband breaches her constitutional rights. Such a heinous conduct not only causes the spouse significant psychological distress, but it also jeopardises the fundamental foundations of human dignity and respect enshrined in our Constitution. Marital rape is defined as seeing the wife’s body as something owed to the husband and participating in sexual practises against her will. The right to respect for physical and mental integrity includes the right to bodily integrity; any disrespect or violation of bodily integrity is a violation of individual autonomy. Mental Cruelty against Men The law regarding a wife’s cruelty to her husband is less clear than the law about the opposite. Given that men continue to have an advantage over women in our society, it can be challenging for women to accept that they are treating their husband cruelly. Due to the wife’s repeated acts of mental cruelty, Indian courts have taken note of this multiple times and permitted divorces for the husbands. In the case of Mrs. DeepalakshmiSaehiaZingade v. Sachi RameshraoZingade the petitioner/wife falsely accused her husband of having a girlfriend, which was later proven incorrect in court. As a result, was held that the woman was mentally cruel to her husband. Similarly, in Kalpana v. Surendranath, it was noted that a wife’s refusal to make tea for her husband’s friends was deemed to be harsh to her husband by the court, thereby it was considered a ground for divorce on the account of mental cruelty. Additionally, the Supreme Court ruled in the case of Narendra v. K. Meena that cruelty would be committed if the wife pressured the husband to live apart from his elderly parents or from the joint family without providing a valid reason or justification. In the case of Smt. Anita Gaur v. Sri Rajesh Gaur, on May 12, 1999, the pair was wed using Hindu customs. Husband established a business after the couple relocated to Mumbai, and they had two kids. However, the wife’s behaviour changed, and priceless items started to disappear. She had borrowed money and made purchases using credit, it was discovered. The couple escaped to Dehradun when the husband was threatened by the lenders. In a village meeting, the wife admitted her error, but their disagreements persisted. The husband’s divorce was allowed by the court because the wife’s actions were deemed to be mentally cruel against him. Why is mental cruelty as grounds for divorce important? One’s right to dignity and freedom is severely breached by cruelty towards their spouse. In various nations, including India, domestic violence affects thousands of people every year. The Indian Constitution guarantees the right to live with dignity, which is a fundamental component of the right to life. Violations of this right cause bodily, mental, and emotional suffering. Due to urbanisation and weakening family structures, India’s divorce rate has been increasing each year. IPC Section 498A complaints have also increased correspondingly since the turn of the century, according to the National Crime Investigation Bureau. Given these problems, it is imperative to have precise mental cruelty legislation. Instead of leaving the word hanging, legislators must provide solid foundations as to what exactly mental cruelty is, and under what circumstances it can lead to becoming a ground for divorce. Once the concept of cruelty is established, it will be up to the judiciary to decide whether a particular act qualifies as cruelty or not, considering the specifics of the case, the parties involved, and other relevant factors. Furthermore, it is crucial to remember that domestic violence disproportionately affects women, despite concerns that some laws are discriminatory. For instance, women have historically been subjected to marital rape without being able to take legal action. For the purpose of advancing gender equality and ensuring that women’s rights are upheld, laws that particularly protect women from such types of violence are essential. Despite numerous verdicts elucidating what may constitute mental cruelty, the lack of a definitive explanation has resulted in its assessment in trivial cases, as demonstrated in the Kalpana v. Surendranathlawsuit. Incongruous definitions of mental cruelty, on the other hand, have delayed its identification, resulting in some situations where it should have been established but was not, including cases of marital rape, which falls outside the realm of mental cruelty. Because Hindu personal rules are based on traditional schools of thought and stigmatise divorce, judges are hesitant to demonstrate mental cruelty unless it is practically immoral to allow the union to continue. This scenario, along with a lack of consistency in determining what constitutes mental cruelty, has hurt those seeking legal protection for spouse mental suffering. A consistent understanding of mental cruelty would rationalise such situations and provide a more relevant basis for determining whether divorce is needed in individual cases. Conclusion In Hindu Law, the idea of mental cruelty has been an emotive subject, especially in relation to whether it qualifies as grounds for divorce. Although there is no standard definition, the Supreme Court has offered some guidance by establishing a reasonableness standard and taking into account subjective factors. In evaluating mental cruelty, additional aspects including cultural and traditional beliefs have also been considered. It’s critical to keep in mind that every case is distinct and necessitates a thorough examination of the relevant facts and circumstances. Examining the potential effects and reform options for Hindu law in the future is made possible by the current debate regarding the acknowledgment of mental cruelty as a reason for divorce. There is a need to rethink and reframe the reasons for divorce in Indian society as mental health and emotional wellbeing become more crucial. End Notes 1. Manupatra (no date) Manupatra, Articles. Available at: https://articles.manupatra.com/article-details/CRUELTY-AS-A-GROUND-FOR-DIVORCE-ANALYZING-THE-SPHERE-OF-MENTAL-CRUELTY (Accessed: April 30, 2026). 2. Narayan Ganesh Dastane v. Sucheta Narayan Dastane (1975), 1975 AIR 1534 3. Cooper v. Cooper (1966) 144 N.W.2d 146 4. Dastane v Dastane (1975) AIR 1975 SC 1534 5. Section 27 (d), Special Marriage Act, 1954 6. Section 10, Indian Divorce (Amendment) Act, 2001 7. Section 498A, Indian Penal Code, 1860 8. Code of Criminal Procedure, 1973 9. Protection of Women from Domestic Violence Act, 2005 10. INDIAN CONST. art. 21 11. Shobha Rani v. Madhukar Reddi, (1987) 1988 AIR 121 12. Bhagwat v. Bhagwat (1993), 1994 AIR 710 13. Samar Ghosh v. Jaya Ghosh, (2007) 14. Indian Penal Code, 1860, S. 375 exc 2 15. Editor_4 et al. (2021) [marital rape] ker HC: Is marital rape a form of Cruelty? can it be a ground for divorce? HC examines, SCC Blog. Available at: https://www.scconline.com/blog/post/2021/08/10/marital-rape/#:~:text=Treating%20wife’s%20body%20as%20something,a%20violation%20of%20individual%20autonomy. (Accessed: April 30, 2026). 16. Mrs. DeepalakshmiSaehiaZingade v. Sachi RameshraoZingade (2009) AIR 2010 Bom 16 17. Kalpana v. Surendranath, (1985) AIR 1985 All 253 18. Narendra v. K. Meena, (2016) 19. Smt. Anita Gaur v. Sri Rajesh Gaur, (2020) 20. 498a for NCW - feministlawarchives.pldindia.org (no date). Available at: http://feministlawarchives.pldindia.org/wp-content/uploads/498A-Report-for-NCW-final.pdf (Accessed: April 30, 2026).

Author: Om Raj Ankit, II year of B.A.,LL.B.(Hons.) from Amity University Jharkhand INTRODUCTION Trafficking refers to an unlawful trading. Trading with other persons takes place during human trafficking. Humans have been trafficked for the purposes of forced marriage, forced labour, domestic servitude, commercial sexual exploitation, organ or tissue harvesting. The third-largest organised crime in the world, behind the trafficking of drugs and the trade in weapons, is human trafficking. The major purpose of human trafficking worldwide is sexual exploitation, and women and children are the most common victims of it. There are many reasons why people are trafficked, but unhappily, the Immoral Trafficking Prevention Act (ITPA), which was passed in our nation, only combats human trafficking when it is carried out with the intention of sexual exploitation. Therefore, to stop human trafficking in India, the overall legislative requirements pertaining to it must be reinforced. People's human rights are violated as a result of human trafficking, and they also risk becoming victims again. To ensure that the laws against human trafficking are effective in preventing crime, they must be tightened. Human trafficking is categorically condemned as immoral and illegal under the Fundamental Rights provisions of Part III of the Indian Constitution. The concept of fundamental rights, and trafficking of humans are all closely related. The essential rights to the freedom of speech and expression, which includes the right to free movement, to life and liberty, and to equality are all recognised by the Indian Constitution. The ban of forced labour and human trafficking is discussed in Article 23[4], which also gives all of its people a right against trafficking. Furthermore, in the absence of a distinct articles or fundamental right outlawing human trafficking, it would have violated Article 14's "golden triangle" of basic rights, which is made up of Articles 14, 19, and 21. Regarding this further, subclause (d) of Article 19's protection of certain rights related to freedom of speech and expression also guarantees the right to travel around without restriction anywhere on Indian territory. It is one of the rights that is directly tied to human trafficking, and there are many other rights that will be impacted by or violated as a result of the freedom to practise one's trade or conduct business. Article 21 safeguards everyone's fundamental right to life and liberty in India, including that of citizens and non-citizens. Considering the reasoning offered in the Kharak Singh v. State of Uttar Pradesh case as an example As it was said: There is a lot more to life than just existing as an animal. Therefore, selling people as commodities or as animals would violate their fundamental right to life. The right to life guaranteed by Article 21 of the Indian Constitution encompasses not only the physical right to life, but also the right to live in dignity as was quite correctly stated in the Maneka Gandhi v. Union of India case. Therefore, no any act of obligated human dealing may impair dignity. CAUSES OF HUMAN TRAFFICKING Human trafficking occurs for a variety of causes. Political, economic, and cultural forces influence them. According to the supply and demand theory, there is human trafficking. First, the nation is affected by a number of variables, including the need for work, dire social conditions, armed or war-related incidents, a lack of stability in politics and the economy, improper availability of education and information, etc. Second, there is a demand for low-cost goods, low-cost labour, and low-cost services in industrialised and wealthy nations. By combining the first and second instances, the organised crime groups have discovered a way to connect supply and demand and generate enormous profits. These factors result in increasing migration, but limited migration as a result of several State policies. People who participate in human trafficking expose themselves to exploitation, dishonesty, violence, and abuse through smuggling methods. IMPACTS OF HUMAN TRAFFICKING In the course of human trafficking, the victims are mistreated and exploited in ways that can lead to short- and long-term mild and severe mental and physical assaults illnesses, including STDs or HIV viruses. This illness has the potential to cause both death and lasting impairment. Aggression, despair, confusion, isolation, and attention problems are all direct effects of human trafficking. Numerous studies have demonstrated that traumas and injuries suffered throughout the course of trafficking can persist for a considerable amount of time even after the victim has been freed from exploitation. This is most often the case when the sufferer is not provided with the appropriate treatment and guidance. Even the victims' recovery procedure cannot be guaranteed to produce a specific outcome. Even when the victims are freed from their physical ailments, the trauma and psychological issues prevent them from fully recovering from the effects. Numerous of the victims have a hard time returning to the usual lives they had before. The tragic thing about human trafficking victims is that their rights continue to be violated long after they are no longer being used as slaves. They frequently become victims again. The willingness of the trafficked individuals to collaborate with the appropriate authorities directly affects the protection offered to them in a number of the countries. However, this conditional protection is in conflict with the full enjoyment and preservation of human rights, and it is forbidden to employ trafficked individuals as tools in legal procedures. INDIAN LEGAL FRAMEWORKS TO COMBAT HUMAN TRAFFICKING Indian Penal Code 1860 It's interesting to note that the Indian Penal Code, which was established in 1860, addresses the issue of human trafficking. Sections 370 and 370 A of the Indian Penal Code discuss it. It forbade the trafficking of girls and women and outlined harsh penalties for offenders. According to the law, anyone found guilty of purchasing or selling a minor for the sake of prostitution, sexual exploitation, or any other immoral activity faces up to 10 years in prison and a fine. It also recognizes cross-border prostitution trafficking, and anyone caught bringing a girl below the age of 21 into India from another country with the intention of forcing her into illicit relations with another person or knowing it is probable that she will be seduced into doing so faces up to ten years in prison as well as a fine. Indian Constitution The Indian Constitution forbids human trafficking and upholds many of the widely recognised different human rights principles, including one's right to life and personal autonomy, gender freedom, and access to legal remedies. One of the essential rights guaranteed to everyone in India is the right to be protected from exploitation. The Juvenile Justice Act, 2000 There is no differentiation between an underage person and a child in accordance with this Act. Children are all those who are below the age of eighteen. a youngster in need of protection and care (National Legal Research Desk 2016). The Scheduled Castes and Scheduled Tribes Act of 1989, which prohibits atrocities against such groups: Numerous victims of trafficking are members of underrepresented communities. Only areas that are illiterate and socially underdeveloped are targeted by traffickers. This provides a further tool to protect women and girls who are members of scheduled castes and tribal groups and also places more of a duty on traffickers or offenders to demonstrate their lack of complicity in the crime. This statute can be utilised to effectively combat human trafficking if the perpetrator knows the victim is a member of one of these groups. Atrocities perpetrated against members of Scheduled Castes and Scheduled Tribes are covered in Section 3 of this Act. It covers several types of trafficking, including the exploitation of women for sexual purposes and coerced or bonded labour. If the crime is covered by Section 3, initial punishment of nine months is mandated, and it may be increased to a five-year sentence. CONCLUSION To ensure that the laws against human trafficking are effective in preventing the crime, they must be tightened. To stop people from becoming victims, human trafficking must be made known to those who live below the poverty line throughout the nation. The country can host a number of national and international conferences and seminars so that the general public and the government can work together to stop human trafficking. In order to prevent them from becoming victims of human trafficking, the government must provide protection for the most vulnerable members of society. Only those who fall below the poverty line become victims of human trafficking, thus the crime can be considerably reduced if the government assists the underprivileged members of society and offers them access to suitable job and education. REFERENCES · https://www.coespu.org/articles/human-trafficking-violation-human-rights · https://combathumantrafficking.org/blog/2018/12/10/human-trafficking-human-rights-violation/ · https://www.ohchr.org/en/trafficking-in-persons/about-trafficking-persons-and-human-rights#:~:text=In%20fact%2C%20trafficking%20and%20associated,under%20international%20human%20rights%20law

Author: Sneha, III year law student at Geeta Institute of Law, Panipat Abstract “If all men are born free, how is it that all women are born slaves”- Mary Astel “if women have the same opportunities and security at the workplace as men they would grow our Gross domestic production”When we talk about women, we praise them for being women who give birth to the world, we consider them a goddess having true love and affection and many times we state that "behind a successful man there is a hand of great woman" after listening all this kind of praising it seems that life of a woman is very great and proudful, But when we look out at the dark reality of women's life; it is filled with pain,stress, insecurity, the everyday struggle for better survival, inequality and daily abuse by men, sexual harassment and so on torturing things.Being a woman is great, but it is the society and patriarchal mindset of men that convert this greatness into a curse.Women face violence everywhere whether at home or the workplace. Violence is a behaviour or acts that harms or damages somebody and the damage inflicted by violence may be physical or psychological. And women are facing both kinds of violence at their workplaces. (violence at workplaces refers to incidents where workers are abused, threatened or assaulted or physically or mentally torched)According to a report by the national crime record Bureau crime against women increased by 15.3% in 2021 as compared to the year 2020 and violence at the workplace is increasing day by dayIf we want all kinds of growth(social, economic and political), it is possible only when men and women have similar opportunities and a safe environment at their workplaces, but women face many kinds of violence in the form of sexual harassment, physical and mental abuse, assault, rape and so on at their workplace.Swami Vivekananda quoted that "there is no chance for the welfare of the world unless the condition of women is improved and a bird can't fly on only one wing". Article 14,21article 15(3), article 16, article 39A,42, 51Aetc of the Indian constitution talks about women's rights, provides them equality and help in protecting them from violence in the workplace, Indian parliament enacted various laws from time to time for the protection of women from violence at the workplace. In this paper we will analyse gender-based violence in the workplace and what are the laws to protect women from such kind of violence and what could be the best solution to stop violence against women in the workplace. Introduction “If women thrive, all society benefits and succeeding generations are given a better start in life” ---Kofi Annan Every human being by performing any economic activity contributes to the GDP and development of a country and if men and women both will earn it will be socially, politically and economically beneficial for any country, but because of the patriarchal mindset of men; women suffer everywhere both at home and at the workplace. Violence at the workplace is the major factor in decreasing the performance of women's participation in the Economy of India, various kinds of violence at the workplace like sexual harassment, rape, abuse or assault by men etc forced women to live at home. Due to this insecure environment at the workplace highly educated women do not want to do any job. “Violence at workplace locked many talented women behind the four walls of home”. According to data from the world bank in 2012, only 27% of adult Indian women had a job or were actively looking for one, compared to 79% of men. Over 20 million women dropped out of the workforce between 2005 to 2012, this is equivalent to the entire population of Shri Lanka. [1]Participation rates and rates of gender-based violence remain unacceptably high and it is hard to develop inclusively and sustainably when half of the population is not fully participating in the economy. India could boost its growth by 1.5% points to 9% per year if around 50% of women could join the workforce. A report by Mckinsey Global Institutehas estimated that just offering equal opportunities to women in India could add 770 billion dollars to its GDP by 2025. During the pandemic, India's gender gap widened by 4.3% owing to the dipping economic opportunities for Indian women leading to a decline in their participation in the formal workforce.[2] India’s Female Labour Participation Rate (FLFPR) has fallen from 31.2% in 2011-2012 to 24.5% in 2018-2019. The number of women jobs declined by 10 million. The Global Gender Gap revealed that India ranks 140th of 156 countries, compared to its 98th position in 2006. An NCRB report-based study A study analysed data from crime in India published by the National Crime Records Bureau (NCRB) assessed crimes that deter women from stepping out to work and raise perceptions of lack of safety. It found that the all-India FLFPR saw an 8%-pointdecline and the rate of CaWandG (crime against women and girls) more than tripled to 57.9% between 2011-2017. The rate of Kidnapping, abduction and sexual harassment increased by more than three times and the rate of Rape and molestation is doubled. States which had the lowest (FLFPR) Bihar, Assam and Tripura also had among the highest crime rates. This gender-based violence discourages women from participating in the workforce. The IMF (International Monetary Fund) estimates that India’s GDP would be 27% greater if women participated in economic activities in numbers equal to those of men. [3] There are so many provisions to protect women from violence and provide equal rights and protection, like the Sexual harassment of women at workplace (prevention, prohibition and redressal) act 2013, punishment for Rape under section 376, section 66(1)(b) of factories acts 1948 and so on various laws made by parliament and constitutionalprovisions (article 14,21,15(3),16, 39A,42,51 etc). But these provisions did not function well and have many loopholes at some places these provisions are not implemented properly and in many places, the law fails to provide proper protection to women. The objective of the paper To grab the attention on this issue I choose to write on this topic. The main objective of this paper is to: - 1. Define various kinds of violence in the workplace. 2. What are various laws for the protection of women from violence in the workplace. 3. What are the faults in current lawsand the system of providing justice to aggrieved women. 4. What are solutions to prevent violence at the workplace various kind of violence in the workplace A wise man of great intellect and power once said, “The best measure of a nation’s progress is the way it treats its women”. And when men and women both will work, it will lead to national progress but women in India face various kinds of violence at the workplace. Sexual harassment According to the Equal employment opportunity commission (EEOC) sexual harassment includes unwelcome advances requests for sexual favour and other verbal and physical harassment of a sexual nature in the workplace or learning environment. [4]According to a report by the National crime records bureau (NCRB) there is 30% increase in sexual abuse cases at shelter homes was observed in the report. From a total of 707 incidents, the highest number of reports were from UP (288) followed by Maharashtra (161). 730 cases of sexual harassment in public transport were reported by women and 401 cases were filed as harassment in the workplace NCRB recorded more than 18,000 cases of sexual assault on women in other places.[5] Rape Section 375 of the Indian penal code defines rape, the meaning of rape is sexual intercourse without consent. A total of 31,677 rape cases were registered in India during 2021 – or around 87 rape cases every day on average – reveals the latest compilation by the National Crime Records Bureau (NCRB). Rajasthan recorded the highest number of rape cases in the country, while Madhya Pradesh and Uttar Pradesh followed. A total of 4,28,278 crimes against women were registered in the country. The report also shows that there was a 13.2% increase in overall crimes against women in 2021 compared to the year before.Rajasthan reported the highest number of rape cases in the country in 2021, with an increase of more than 19% in comparison to 2020. Of the total 31,677 rape cases registered across the country last year, 6,337 were reported in Rajasthan, followed by 2,947 in Madhya Pradesh and 2,845 in Uttar Pradesh. Maharashtra (2,506) was the only other state which reported more than 2,000 rape cases in 2021.Nagaland registered the least cases of rape (4) in 2021, followed by Sikkim (8). All the Northeastern states – except Assam (1835) – registered below 100 cases of rape.[6] Acid attack Section 326A,326B of the Indian penal code talks about the acid attack, which is also a violent crime against women, egoistic male tries to destroy the beauty of women. Data Intelligence Unit (DIU) has found that between 2014 and 2018, there have been 1,483 victims of acid attacks in the country.[7] According to the NCRB report, the number of acidattacks against women reported from across the country stood at 174 in 2021, with West Bengal topping the chart with 34 such cases.[8] Other types of violence or abuse by men Women are subjected to abuse by men because she is a women (egoistic and patriarchal mindset). This kind of abuse may also be caused by gender-based violence or gender-based abuse. Types of abuses faced by women Physical abuse Social abuse Stalking /haraSexual abuse/assault Economic abuse Bullying And so, on types of violence committed against women through different ways. laws for the protection of women from violence in the workplace · THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013: - Objectives of the Act: To protect against sexual harassment of women at the workplace and for the prevention and redressal of complaintsof sexual harassment and matters connected therewith orincidental thereto. It addresses: 1. Sexual harassment results in violation of the fundamentalrights of a woman to equalityunder articles 14 and 15 ofthe Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and the rightto practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment; 2. The protection against sexual harassment and the right towork with dignity are universally recognised human rightsby international conventions and instruments such as the Convention on the Elimination of all Forms of Discriminationagainst Women, which has been ratified on the 25th June1993 by the Government of India; 3. To make provisions for giving effect to the said Convention for the protection of women against sexual harassment in the workplace. Constitutional Rights which seek to protect women: · The state shall not discriminate against any citizen of India on the ground of sex [Article 15(1)]. · The state is empowered to make any special provision for women. In other words, this provision enables the state tomake affirmative discrimination in favour of women [Article 15(3)]. · No citizen shall be discriminated against or be ineligible for any employment or office under the state on the groundof sex [Article 16(2)]. · Traffic in human beings and forced labour are prohibited [Article 23(1)]. · The state to secure for men and women equally the right to an adequate means of livelihood [Article 39(a)]. · The state is required to ensure that the health and strength of women workers are not abused and that they are notforced by economic necessity to enter avocations unsuited to their strength [Article 39(e)]. · The state shall make provisions for securing just and humane conditions of work and maternity relief [Article 42]. · It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women [Article 51-A(e)]. Legal Rights to Women Immoral Traffic (Prevention) Act (1956) is the premier legislation for the prevention of trafficking for commercialsexual exploitation. In other words, it prevents the trafficking of women and girls for prostitution as anorganised means of living. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent representation of women throughadvertisements or in publications, writings, paintings, figures or in any other manner. Maternity Benefit Act (1961) regulates the employment of women in certain establishments for a certain period beforeand after childbirth and provides for maternity benefits and certain other benefits. Medical Termination of Pregnancy Act (1971) provides for the termination of certain pregnancies by registeredmedical practitioners on humanitarian and medical grounds. The Equal Remuneration Act (1976) provides for payment of equal remuneration to both men and women workers forthe same work or work of a similar nature. It also prevents discrimination on the ground of sex, against women inrecruitment and service conditions. Legal Services Authorities Act (1987) provides free legal services to Indian women. Mines Act (1952) and Factories Act (1948) prohibits the employment of women between 7 P.M. to 6 A.M. in minesand factories and provides for their safety and welfare. National Commission for WomenAct (1990) provided for the establishment of a National Commission for Women to study and monitor all mattersrelating to the constitutional and legal rights and safeguards of women. faults in current laws and systems of providing justice to aggrieved women: - There are various constitutional laws and legal laws for the protection of women but still, various kinds of violence are committed against women because of improper implementation oflaws at the ground level, and due to various loopholes in laws misuse of law is common.The report, jointly prepared by the Women’s Rights Initiative and the International Centre for Research on Women (ICRW), says that judges are hesitant to grant ex-prate orders even when the circumstances demand such orders and that the proceedings are seldom completed within a reasonable time frame. [9]The factory worker, the domestic worker, the construction worker, we have not even recognized the fact that they are sexually harassed and assaulted daily," said Delhi-based lawyer Rebecca John. "But poverty leaves them no choice, they know whatever earning they make is far more important." One woman, a domestic worker, told Human Rights Watch that sexual harassment in the workplace has become so normalized, women are simply expected to accept it.[10]after the implementation of various laws, many women have started speaking out against sexual harassment but that’s only been limited to the formal sector. It has not been of much help to the women employed in the informal sector.For example,the MeToo movement erupted in October 2017, with millions of survivors posting to social media about their own experiences of gender-based violence, many women in India—mostly from the media and entertainment business, as well as others able to access social media in English—started using the hashtag to publicize their accounts of abuse. This led to new public scrutiny of high-profile male figures and led to some resignations and legal action. However, in part, because it was led on social media, the #MeToo movement in India excluded women from the informal sector, where 95 per cent of women are employed.[11] There the women still find it difficult to report such cases because of the stigma, fear of losing their job and lack of belief in the justice system.There the women still find it difficult to report such cases because of the stigma, fear of losing their job and lack of belief in the justice system.For protecting domestic workers India needs to ratify the International Labour Organization's Domestic Workers Convention which hasn't been done yet. The provisions of the POSH Act say that for domestic workers the Local Committees have to report the case to the police. The fear of humiliation at police stations and threats of losing work makes domestic workers reluctant to report such cases. Women are even scared to report rape cases let alone file a complaint about sexual harassment. Martha Farrell Foundation interviewed a part-time domestic workerwhere she was asked about her awareness of the POSH Act. She said in the interview that though she is aware of this Act, would never think of going and reporting an incident to the police because this law doesn't do anything to protect them. "Even if we complain, nothing happens. When we protest against an incident the police pressure us to be silent. The employers file false complaints against us when we think of complaining to the police." [12] Martha Farrell Foundation in 2018 revealed that many districts in the country have either failed in establishing the committees as declared in the Statute or have failed to maintain harmony with the legal provisions in the Statute.[13] What are solutions to prevent violence in the workplace We have many laws but still, women are not safe, the only reason is men harassing behaviour, and women's lack of knowledge regarding laws, and where women are aware of their rights and law, they hesitate in filing complaints and many times police officer did not perform their duty well, and many times procedure of court trials are very harassing and tiring and takes too much time in providing justice; instead of raising voice women remain silent. So, for ensuring women's protection we should adopt a system in a society where women are safe and it is possible when: Laws are properly implemented. Increasing awareness about laws for the protection of women. The number of fast-track courts and judges should be increased. separate courts for harassment cases should be established. strict guidelines should be provided to the police officer regarding the registration and investigation of the case. the judicial procedure should be made easy for aggrieved women. reduce gender-based discrimination by spreading awareness regarding the equal rights of women. Strict punishment and high composition should be imposed on offenders. Every organisation must have a complaint redressal committee. Employer assists the employee if she is sexually harassed government must widen the scope of vishakacommittee guidelines. Conclusion Men and women can work together only in a safe environment with basic humanitarian rights. But women face violence in the workplace, which is a violation of their fundamental rights (provided in the Indian constitution) and it will stop the development of the nation because the participation of women in economical activity leads to an increase in the GDP of a country. Men and women are equal but in actuality, women face gender-based discrimination everywhere due to the patriarchal mindset of society. There are several laws made after a long-struggling fight of women for justice which provide protection to women in the workplace but these laws are not implemented properly, we can see the failure of the police department and judicial procedure in seeking justice for aggrieved woman. Only honest and serious following of the above-mentioned solutions can improve the situations of women and protect them from violence. [1]Women in India's Economic Growth (worldbank.org) [2]The Role of Women in India’s Economic Growth Story - CII Blog [3]Drishti IAS Coaching in Delhi, Online IAS Test Series & Study Material [4]https://www.rainn.org/articles/sexual-harassment#:~:text=What%20is%20sexual%20harassment%3F,Employment%20Opportunity%20Commission%20(EEOC). [5]https://www.pratisandhi.com/ncrb-report/ [6]https://thewire.in/women/crimes-against-women-rape-cases-india-2021-ncrb-data [7]https://www.indiatoday.in/diu/story/india-saw-almost-1-500-acid-attacks-in-five-years-1636109-2020-01-12 [8]https://www.thestatesman.com/bengal/ncrb-report-kolkata-safest-city-crimes-women-alarming-bengal-1503106651.html [9]https://frontline.thehindu.com/social-issues/article30178977.ece [10]https://www.hrw.org/report/2020/10/14/no-metoo-women-us/poor-enforcement-indias-sexual-harassment-law#8567 [11]https://www.hrw.org/report/2020/10/14/no-metoo-women-us/poor-enforcement-indias-sexual-harassment-law#8567 [12]https://blog.ipleaders.in/critical-analysis-of-loopholes-in-the-posh-act/ [13]https://blog.ipleaders.in/critical-analysis-of-loopholes-in-the-posh-act/

Author: Aditya Sharan, I year of B.B.A.,LL.B. from Symbiosis Law School, Noida INTRODUCTION Vaping or using e-cigarettes has become increasingly popular worldwide in recent years, and India is no exception. Vaping involves inhaling and exhaling aerosol, or vapour, produced by an electronic device that heats a liquid (usually containing nicotine, flavourings, and other chemicals). While some people consider vaping a safer alternative to smoking traditional cigarettes, others argue that it can be just as harmful, if not more so.[1] This Blog will examine the use of vaping in India, the current laws governing its use, and the addiction issue. Vaping is inhaling an aerosol produced by an electronic cigarette (e-cigarette) or similar device. E-cigarettes are battery-powered devices that heat a liquid to produce an aerosol that the user inhales. The liquid typically contains nicotine, flavourings, and other chemicals. Vaping has become increasingly popular in recent years, particularly among young people. In India, the number of people using e-cigarettes has doubled in the past two years. VAPING IN INDIA Using e-cigarettes and other vaping products is illegal in India under the Prohibition of Electronic Cigarettes Act 2019.[2] The law was enacted to protect public health and to prevent the spread of vaping among youth. According to the Ministry of Health and Family Welfare, using e-cigarettes has become a "new public health threat" and has the potential to create a new generation of nicotine addicts.[3] The ban on vaping in India has been controversial, with some arguing that it infringes on personal freedom and others arguing that it is necessary to protect public health. However, the Indian government has taken a firm stance on the issue, with Prime Minister Narendra Modi stating, "E-cigarettes and other such products are not only harmful but also a trap to convert our youth into addicts." LAWS GOVERNING VAPING IN INDIA Under the Prohibition of Electronic Cigarettes Act, 2019, any person who produces, imports, exports, manufactures, distributes, or sells e-cigarettes or similar products can be punished with imprisonment of up to three years and a fine of up to Rs. 5 lakhs.[4] The law also prohibits using e-cigarettes in public places and advertising such products.In addition to the Prohibition of Electronic Cigarettes Act, the use of e-cigarettes in public places is also banned under the Cigarettes and Other Tobacco Products Act 2003. Violations of this ban can result in fines of up to Rs. 200 for first-time offenders and up to Rs. 1,000 for repeat offenders. E-cigarette manufacturers and users in the courts have challenged the Prohibition of Electronic Cigarettes Act 2019. However, the Rajasthan High Court upheld the ban in a ruling in March 2021, stating that "there is no absolute right to do business in harmful products".The laws on vaping in India are complex and constantly changing. However, it is generally illegal to sell or import e-cigarettes in India. It is also illegal for minors to use e-cigarettes.[5] The Indian government has taken some steps to regulate the use of e-cigarettes. In 2018, the government banned the sale of e-cigarettes to minors. In 2020, the government banned the import of e-cigarettes.The government's decision to ban the sale and import of e-cigarettes was met with mixed reactions. Some people supported the ban, arguing that it would protect young people from the dangers of vaping.[6] Others opposed the ban, arguing that it would deprive adults of a safer alternative to smoking.The debate over the use of e-cigarettes is likely to continue for some time. However, one thing is clear: vaping is a serious public health issue. Vaping can be addictive, leading to several health problems, including lung disease and cancer. ADDICTION AND VAPING One of the main concerns about vaping is its potential for addiction. E-cigarettes contain nicotine, which is highly addictive and can lead to physical dependence. Nicotine is also known to affect young people's brain development negatively.A study conducted in 2019 found that around 1 in 10 Indian teenagers have tried e-cigarettes, with many stating that they were attracted to the different flavours available.[7] The study also found that e-cigarette use was more common among students who had tried smoking cigarettes or bidis.According to a 2022 “National Survey on Drug Use and Health”, 1.8% of adults in India use e-cigarettes.[8] The use of e-cigarettes is controversial. Some people believe that vaping is a safer alternative to smoking traditional cigarettes. Others believe that vaping is just as harmful as smoking and can lead to addiction and other health problems. While some argue that vaping can be an effective tool for smokers trying to quit, others point out that e-cigarettes can lead to nicotine addiction and may even serve as a gateway to smoking traditional cigarettes. The Indian government has taken a firm stance against vaping, citing the potential for addiction and the lack of long-term research on the health effects of e-cigarettes. HOW CAN I QUIT VAPING? If you are addicted to vaping, several resources are available to help you quit. You can talk to your doctor, a therapist, or a support group. Some online resources[9] can help you quit vaping.Quitting vaping is not easy, but it is possible. You can overcome your addiction and live healthier lives with proper support. CONCLUSION The use of vaping in India has been on the rise in recent years, especially among young people. However, the Indian government has taken a firm stance against vaping, implementing laws to prohibit its use and sale in order to protect public health and prevent the spread of nicotine addiction. The Prohibition of Electronic Cigarettes Act, 2019[10], imposes severe penalties for the production, distribution, and sale of e-cigarettes, as well as the use of these devices in public places. The ban on vaping has been a subject of controversy, with arguments for personal freedom conflicting with concerns about public health. Despite legal challenges, the ban has been upheld by the courts, highlighting the government's commitment to curbing the use of e-cigarettes. Nicotine addiction is a significant concern associated with vaping. E-cigarettes contain nicotine, a highly addictive substance that can lead to physical dependence and negatively impact brain development, particularly in young individuals.[11] The availability of various flavors has contributed to the appeal of vaping, especially among teenagers. While some debate the potential benefits of vaping as a smoking cessation tool, the lack of long-term research on the health effects of e-cigarettes raises concerns about their safety. As such, the Indian government emphasizes the need to protect individuals from addiction and the potential harm caused by vaping. For those struggling with vaping addiction, it is essential to seek support and resources to quit. Healthcare professionals, therapists, and support groups can provide assistance and guidance in overcoming addiction. Online resources are also available to help individuals quit vaping and lead healthier lives. The issue of vaping in India is a complex one, encompassing public health, personal freedom, and addiction concerns. The government's ban on vaping reflects its commitment to safeguarding public health, particularly among young people. While the debate surrounding vaping continues, it is important for individuals to access support and resources to quit vaping and improve their overall well-being. [1] Daniel Givelber, 'Cigarette Law' (1998) 73 Ind LJ 867 [2] (National Tobacco Control Programme - NHP) accessed 15 May 2026 [3] (ICMR guidelines for - indian council of medical research) accessed 15 May 2026 [4](National Tobacco Control Programme - NHP) accessed 15 May 2026 [5]2022 SCC OnLine Raj 2558 [6] Daniel Givelber, 'Cigarette Law' (1998) 73 Ind LJ 867 [7]Daniel Givelber, 'Cigarette Law' (1998) 73 Ind LJ 867 [8] ‘National Survey on Drug Use and Health’ (SAMHSA.gov) accessed 15 May 2026 [9] ‘Find Addiction Treatment Centres & Helpline Numbers in India’ (Find Addiction Treatment Centres & Helpline Numbers in India | Indianhelpline.com) accessed 15 May 2023; ‘How to Quit Smoking’ (Centers for Disease Control and Prevention, 6 March 2026) accessed 15 May 2026 [10](National Tobacco Control Programme - NHP) accessed 15 May 2026 [11] Daniel Givelber, 'Cigarette Law' (1998) 73 Ind LJ 867

Author: Ayush Tripathi, II year of B.A. LL.B. (Hons in Adjudication and Justicing) from Maharashtra National Law University Nagpur Co-author: Smriti Sharma, II year of B.A. LL.B. (Hons in Adjudication and Justicing) from Maharashtra National Law University Nagpur Introduction to the problem The topic that we are going to unravel today is often viewed in its simplistic form in which any sane human being would agree to the proposition that rape is an inhumane activity that needs to be abhorred and punished. We all would also agree to the proposition that an act of sexual assault or forced sexual intercourse between husband and wife is subject to condemnation and even legal sanction. The distinction between the viewpoints held by individuals holding differential stances on the topic of the infamous "marital rape" arises when the call comes for its criminalization, or in the legal sense, to remove Exception 2 under Section 375 of the Indian Penal Code. The major argument given by the plaintiffs in the case of RIT Foundation v. Union of India stems from the judgments of the supreme court itself in which it has been held that consent cannot be in perpetuity and that it can even be revoked in between of intercourse (which itself is problematic in nature but we shall be dealing with that in a different article) and by extension, it can be said that the consent cannot be in perpetuity in a marriage and the same laws should be applied to a husband as a stranger. Another argument presented is that the act of marital rape has been criminalized in other democracies around the world and hence India should follow suit. The flaws in the petitioner's argument are manifold. In the present article, we shall be dealing with such flaws and attempt to find a middle ground by proposing practical solutions to the problems ensuing with the removal of the exception of protection to marital rape. Why the exception to Section 375 should not be removed? Without much ado we ought to address the elephant in the room. If I am favouring the non-removal of the exception against marital rape what are the reasons for it? The reasons are mentioned herein. To begin with, we need to understand that it goes against the very thread of society. What we need to have into perspective when we think from the angle of public policy is that law is essentially a social construct. We cannot enforce a law which goes against the public as a whole because a law which cannot be enforced is as good as no law in place. As Professor Shruti Rajagopalan of New York Universoty said that we need to take into account the cost of under enforcement of laws. She goes on to critique that in opposition ot the majority belief that a stricter law may cause more deterrence, in reality it may cause less deterrence because of the lower enforcement rates. Under enfrocement also leads to arbitrary enforcement and malicious prosecution. We need to keep these two terms into persepctive when we deal with the rest of the article. We shall get back to them at a later stage. Rajagopalan also states that the legislators eed to be practical in their framing of laws and instead of laws which look good on paper, we need to look towards making laws which genuinely make a difference on the ground realities. In a country like India where illiteracy is an epidemic, where people are not aware of their rights and obligations, bringing a law from the westernized socieities and applying it to the Indian familial set-up would result in a greater harm than ever envisaged. After that, we need to understand that the criminalisation of marital rape shall result in adverse outcomes of marriages and will lead to a breakdown of marital institutions. The centre and the state government of Delhi aslo stated that the criminalisation will lead to the destabilisation of the marriage institution which rests on the very bedrock of trust and companionship. The institution of marital rape as a crime will only act as an instrument of duress against the men and will add to the tally of the fake cases burdening the courts with dismally low conviction rates. We live in a country where the protection of the institution of marriage is of utmost importance, right now the act of sexual abuse against women can be penalised under the Protection of Women from Domestic Violence Act (“PWDVA”) Section 3(a) which encapsulates sexual abuse into the category of violence for the purpose of PWDVA. Attention has to be drawn that when we classify marital rape as an offence under Section 375 of the IPC we make it a non-compundable offence thereby removing any chance of compromise between the partners and thereby defeating the very basis of laws regulating marital affairs in the country. In addition to the above, we also need to consider the question of influx of fake cases and the havoc which will be created by them. The above statement has not been made arbitrarily. We have data at hand which shows the conviction rates in the cases related to Section 498A and The Dowery Prohibition Act are dismally low being 12.1 % and 15% respectively. We also need to note that the punishment under Section 498 is 3 years and for dowry it is 2 years at the maximum. The arrests in offences having punishment below the limit of 7 years are governed by the Arnesh Kumar Guidelines given by thhe apex court which lays down that the arrests have to be an exception and due inquiry should be done when the punishment is less than 7 years. It does not take much to connect the dots that if marital rape is criminalised all the false cases which arefiled under numerous sections will boil down to a single section which will be Section 375 as the punishment in the particular section is over 7 years hence it will lead to immediat arrest and will become the perfect instrument of torture. Another thing to steel man the argument is taking into perspective the Phool Singh v. State of Madhya Pradesh case in which the apex court laid down that only victi testiimony is enough for conviction is cases related to rape. When you take a step back and see the whole picture it only points towards the blatant misue of the protection given to women for material gain. The problem of probable misuse of the protection brings me to my next contention which is the belittling of actual rape victims. Consider the situation when the courts are flooded with Section 375 cases, what will the reaction of the society be? It will be a loss of sentiment towards the actual victims because as soon as the rare becomes the routines the view of people towards it changes and hence this activism for laws against marital rape could be self-sabotaging. The influx of false cases will dis-credit the real cases. We can even see it happening with 498A cases. People now have a default view that there might be some foul-play involved. If we criminalised marital rape, this is what will the situation of Rape in general. This is how the human society works. Finally, when we look at the call for criminalisation of marital rape, we find that what they are focussing on is not the benefit of the common women of the country but that on the change in the system which causes more harm than good. In a developed country like Canada 70% of the cases relating to sexual offences go unreported, contrasting to this the plaintiffs in the RIT Foundation cases feel that in a country like India, where we have so much iportnace places on the family as a whole, the marital rape cases will get reported which is like them not addressing the situation that the said act of coriminalising it is not in consonance with the mental aptitude of thenation currently and its benefits will go missing among the very loopholes which we cannot fill at the moment which will result in a catastrophe. Probable solutions to the problem at hand The problem we deal wiith is an intricate one. On one hand where it is correct that forceful sexual intercourse desrves to be a crime regardless of the status of the women involved we cannot be deaf to the ground realities in our nation. However there are some solutions we can seek to implement before the act of marital rape can be criminlaised to prevent the blatant misuse. To start with, we need to explore the arguments of the plaintiffs in the RIT foundation case. We see that the argument that other countries have criminlaised marital rap while India has not is an argument which is often thrown at botht the judiciary as well as the legislature. When the petitioners quote such laws, they forget or take for granted the strong protections these developed counties have against perjury, false accusations and malicious prosecution. In India, neither of this is strictly present. When was the laws time any of us heard a man getting any compensation for being falsely accused of rape? On the other hand all of us remeber the case of Manav Singh a seventeen year old teen who committed suicide after he was falsely accused and bullied for rape. If we want this gross miscarriage of justice to stop we need to have a strong system which protects the accused till they are convicted and offers them a chanel for relief if they are acquitted because a reputation lost never comes back while the false accusers get to live their lives normally. We cannot ignore the ground realities and the patterns so vividly in front of us while deciding laws for the nation. We need to have strong perjury laws and laws to punish people who are guilty of falsely accusing other individuals. Furthermore, When the petitioners in the RIT Foundation case quoted the laws in other nations being neutral on the marital status of the victim when considering rape, they failed to mention that each of those countries also has a gender neutral treatment of rape which gives equal opportunities to men and women to voice those opinions if they are victims of sexual abuse. A research sruvey conducted by Insia Dariwala found that out of the 1500 surveyed men 71% of the men agreed to have been sexually abused . India, despite having such rates of male abuses, does not considers the propostition that males can be raped by females as the Section 375 only lays down the rape of a woman by a man. When we talk about the gender neutrality of the laws historically they have been criticzed by the feminist movement leaders like Catherine Mckinnon, Patricia Novotny and Nagire Naffaire. The gender neutral laws have been criticzed because the above mentioned leaders though they could dilute the attention to the rights of women. Another idea that somehow gender neutral laws would lead to the ill-effects to the idea of female victim hood were given by the leaders like Christine Boyle. The detailed discussion between feminist movement and the gender neutral laws is beyond the scope of this article. Conclusion As mentioned earlier, the issue at hand is nuanced and should not be dealt as a simplistic one because if it is done so then the society at large will see the detrimental effects it will have. We need to elaborate fill in the loopholes before we bring about a law which removes the second exception to the offence of Rape under the Indian Penal Code. It is not the question of for or against nut the question to raise against the injustice and the probable miscarriage of justice. This is in no way to say the victims of sexual abuse should not be given the remedies under the eyes of law but to say that until appropriate checks and balances are established it is in the benefit of the general populace to postpone any such law. We also should divert the attention of the activists towards the appropriate documentary Martyrs of Marriage in which Deepika Bharadwaj has covered various case studies which highlight how the loopholes regarding sexual offences are miused on a daily basis. The fundamental question that we ought to answer is that whether a mere creation of a law will facilitate the need of justice or whether wee need to create the mechanism which stops its misuse first? Ends dont justify the means. We need to understand that the petitioners and the respondents need to walk in each others shoes on this issues and understand the dilemma we are in. The petitioners need to understand that the environment and the legal frame work is not cohesive to make reforms at the moment and the respondents need to understand that the correct legal frmaekwork and suitable checks and balances are needed in order to bring about legal reforms long overdue.