Papers by Dr.Shashank Chandel
Chapter in Edited Book, 2021
Education and Society (vol.46 Issue 4)Indian Institute of Education (ISSN No-2278-6864), 2020
Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 is the ... more Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 is the codification of Supreme Court Vishakha Guidelines, which observe that every woman has help to live with dignity and it is the basic right of every individual working woman. The person barely believes that this Act has been so vital and powerful to protect the working women after pronounces the solution or way for punishing such offenses in the light of Vishaka guideline in the working environment especially in IT sector. The objective of this paper to know the adequacy of Act, 2013 to rupture the controlling of sexual harassment in working environment in Indian IT sector because most extreme sexual harassment issue occur in the IT sectors. The policy expression on Sexual Harassment of Women originated the significant investigation to develop policy for the working Women status after Vishaka case in IT sector. The given outcome of this Research is more significance through doctrinal method by utilized secondary sources which are essential for data analysis. The secondary sources are collected from on the Internet, articles, other research journals, books, decided cases and exposed acts in light of the subject.
South India Journal of Social Sciences(Vol.21 Issue 5) South India Journal of Social Sciences ISSN 0972-8945, 2023
By not allowing women access to safe abortion, you are leaving women with two choices: death (due... more By not allowing women access to safe abortion, you are leaving women with two choices: death (due to unsafe and illegal abortions) or the psychological and emotional consequences of a pregnancy they were not prepared for that." Abortion is an issue where lack of approved health care professionals and facilities. Under the rigid timelines the concern law requiring women to approach courts for remedy. The usual practice insists on consent from husband/family and most important out of them is doctor's consent for an abortion. There is lack of information that Act itself says about the consent of women for abortion. Women either married or unmarried face problem while trying to access abortion due to law related to it. However, the practical requirement for that as per rule more State-run approved facilities to be made abortion available to women. Certain changes, by introducing Amendment in Act, such as setting up of permanent medical boards, changing the requirement from two doctors' consent to one doctor for pregnancies up to 12 weeks, expanding the law to cover unmarried women, and introducing penal provisions in case privacy and confidentiality of women is violated. Increasing access to abortion in India, certain gaps in law and policy remain unaddressed regarding the dignity, autonomy, bodily integrity, and privacy of women as a human right. By this paper try to analysed the means of access of judiciary about the women's human right in term of dignity, autonomy, bodily integrity, and privacy with reference to Abortion.
Interdisciplinary Journal of Contemporary Research (vol.7 issue 11) ISSN 2393-8358,VPO Nandpur,Tehsil-Jubbal,District-Shimla, Himachal Pradesh, 2020
A woman in India has half population and they consider being an ardhagani. The concept of equalit... more A woman in India has half population and they consider being an ardhagani. The concept of equality in ancient time in the form of lord shiva as ardhnareswar. The women status in her own body is not justified in this term especially in case of abortion. Women have no right her own body because the Act on Abortion is although it made as a piece of social legislation to emancipate women. But whether it has emancipated women's choice. By this paper we try to analyze the Indian Law on abortion with reference to right to choice.
Kanpur Philosophers(Vol.X,Issue I(E) ISSN No-2348-8301,New Archaeological & Genealogical Society, Kanpur, 2023
Human rights are the rights of an individual and human civilization with its history, it witnesse... more Human rights are the rights of an individual and human civilization with its history, it witnesses the efforts of mankind which always tried it's best to ensure respect for the dignity of individuals which helps an individual to live with dignity. The termination of pregnancy is not merely a medico-technical issue but "the fulcrum of a much broader ideological struggle in which the very meanings of the family, the state, motherhood and young women's sexuality are contested." However, the pregnancy variations progress from one country to another in the time limit beyond which termination of pregnancy may not longer be performed beyond a certain stage. There is no doubt that religion play most important contraindication to legal being an essential factor in decisions concerning the authorization of the operation and become increasingly hazardous after a certain period when the fetal viability and infanticide may become pertinent. Thus valuing part of being human, the morality of termination of pregnancy causes an ethical dilemma to society and raises many controversial issues. The issue of religion affects how one translates one's religious beliefs or values. This work based on qualitative analysis and relies upon the secondary source such as books journals, periodicals and case laws. By this work we try to analyse the relation between the termination of pregnancy and human right with relation to religion. Did religion affect the human right of women to terminate the pregnancy? Because all most all religion prohibited the termination of pregnancy. Did religious prohibition of termination affect the human dignity? Because human dignity provides freedom, liberty and privacy regarding the human body.
Amnyki Vol.: 23 (January–June, 2023)(ISSN No. : 2277-4270), 2023
Democracy is a universal human concern, and has a critical relationship with gender divisions, in... more Democracy is a universal human concern, and has a critical relationship with gender divisions, in respect of dignity opportunity and rationality. Every person has inalienable democracy in term of rights as human equality, autonomy, liberty, freedom, dignity and duties. They have equal personal dignity, equal moral responsibility, the same eternal destiny, and both of them have been given earthly existence so that through truth, morality and religion they may strive for eternal life. Women are objectified after all, in order to maintain the 'democracy' of a patriarchal society. Today various forces challenge the basic democracy of the people and patriarchal society has played a role in undermining and destroying sources of democracy such as dignity, autonomy, opportunity and rationality. The reproductive right is one has critical relationship with democracy. This work seeks to examine the evolution of the concept of Democracy in reproductive right and how it has been interpreted by Indian Judiciary. Further, inculcation of our domestic laws with social response of the women related to Varanasi district has been elaborately dealt. Finally, its presents that it's only judiciary who can play the role of saviour of human dignity, when such terms can't be codified.
Amnayiki, 2022
The Medical Termination Act, in India, was introduced with the hidden agenda of population contro... more The Medical Termination Act, in India, was introduced with the hidden agenda of population control although it is not accepted in government committee report. The Act was made as a land mark social legislation. It is key opening the door for reform and social change. Some critics describe the Medical Termination Act, 1971 (after here referred as
Education and Society, 2022
Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 is the ... more Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 is the codification of Supreme Court Vishakha Guidelines, which observe that every woman has help to live with dignity and it is the basic right of every individual working woman. The person barely believes that this Act has been so vital and powerful to protect the working women after pronounces the solution or way for punishing such offenses in the light of Vishaka guideline in the working environment especially in IT sector. The objective of this paper to know the adequacy of Act, 2013 to rupture the controlling of sexual harassment in working environment in Indian IT sector because most extreme sexual harassment issue occur in the IT sectors. The policy expression on Sexual Harassment of Women originated the significant investigation to develop policy for the working Women status after Vishaka case in IT sector. The given outcome of this Research is more significance through doctrinal method by utilized secondary sources which are essential for data analysis. The secondary sources are collected from on the Internet, articles, other research journals, books, decided cases and exposed acts in light of the subject.
In India, out of total population of 121 crores, 83.3 crores live in rural areas (Census of India... more In India, out of total population of 121 crores, 83.3 crores live in rural areas (Census of India, 2011). Thus, nearly 70 per cent of the India's population lives in rural areas. These rural populations can be characterised by mass poverty, low levels of literacy and income, high level of unemployment, and poor nutrition and health status. In order to tackle these specific problems, a number of rural development programmes are being implemented to create opportunities for improvement of the quality of life of these rural people. The term "rural development" is the overall development of rural areas to improve the quality of life of rural people. And it is a process leading to sustainable improvement in the quality of life of rural people especially the poor.
In fact often women in India are deprived of their fundamental right to dignity also; leave alone... more In fact often women in India are deprived of their fundamental right to dignity also; leave alone the question of gender parity. The “Gender Perspective” looks at the impact of gender on people’s opportunities, social roles and interactions. Successful implementation of the policy, programme and project goals of international and national organizations are directly affected by the impact of gender which, in turn, influences the process of social development. Gender is an integral component of every aspect of the economic, social, daily and private lives of individuals and societies, and of the different roles ascribed by society to men and women. Social scientists and development experts use two separate terms to biologically determined differences between men and women, which are called “sex differences”, and those constructed socially, which are called “gender differences”. Both define the differences between men and women, but they have entirely different connotations.
United Nation in its Millennium Summit in 2000 declared ‘Gender Equality and Women Empowerment’ as one among the eight ‘Millennium Development Goal’ to be achieved by the year 2015. However these goals are far from being realized in a country like India. In a country where patriarchy enjoys a deep-rooted foundation in everyday lives, women are subject to the judgement of their spouse and family. On one hand, women may be forced to undergo abortion even when they don’t want to, as with female foeticides. On the other, she may be compelled to reproduce against her wishes. Stereotypical depictions of women as homemakers and mothers only contribute to these factors. As a result, women often resort to illegal or unsafe abortion methods. Studies have estimated that millions of women undergo abortion each year and over 50% of those are done in highly unsafe environments. Justice Sikri’s speech, sprinkled with quotes and examples like the movie Pink, points to the need for an urgent discourse on the subject. “A woman’s choice to reproduce, abort or prevent pregnancy, deals with her body. It is she, who, by the virtue of her anatomy, undergoes the process eventually he said. “Reproductive right, which of course is a human right, is based on the human dignity.” “When we talk of reproductive rights, it is mixed with another right of women that is the women health and sexual right. When we talk of reproductive rights in India, there again the choice is of the husband in the family or what the elders say…when there should be a child, whether that child should be male or female etc.” Earlier the right to abortion was not permitted and it was strongly opposed by the society. The termination of pregnancy was termed to be a murder of the fetus. On dated July 28, 2017, Supreme Court decided one more case where 10 year old rape victim girl was denied to terminate her pregnancy on advice of medical board. What is her fundamental right and which one dominate either personal or social.
The prime purpose of this paper is to study the “Dignity Right of Women in term of reproductive right” in the gender justice perspective. The present paper explores the questions central to women’s right in India that is fundamentally patriarchal in nature. The objective of the paper is to evolve strategies to empower women uniformly like the men.
Keywords: Abortion, Women’s, Rights, Problems, Prospects, Empowerment, Challenges Gender Justice and Dignity.
In the long development of the human race on this planet, a stage has been reached when, through ... more In the long development of the human race on this planet, a stage has been reached when, through the rapid acceleration of science and technology, we have acquired the power to transform our environment in countless ways and on an unprecedented scale.
Environment protection and conservation is integral part of Indian religious practices and beliefs. It is belief of all Indian religions that to preserve the environment is one of the ways to serve the humanity and God. For full development as human beings, exercise and enjoyment of Human Rights by all the people is necessary. Human Rights and fundamental freedoms help us to develop our basic qualities, aptitude, talents and ethics to meet our material and divine needs. It is needless to state that without the recognition of the right to education, realization of the right to development of every human being and nation is not possible. Historically, education is an instrument of development and an important factor for social change.
Humanity’s capacity to transform its surroundings, if used wisely and with respect to the ways of nature, can bring to all communities the opportunity to enhance the quality of life.
To large numbers of humanity, especially communities that have been termed ‘ecosystem people’ (people depending on the natural environments of their own locality to meet most of their material needs), natural resources are the base of survival and livelihoods. Given this close interdependence of humans and their environment, it is not surprising that the culture of societies is so greatly influenced by their environment. They seek inspiration, knowledge, spirituality and aesthetics within their natural surroundings. Wrongly or recklessly applied, or applied in unfair ways, the same power can do incalculable harm to human beings and their environment.
Several hundred million people have been increasingly forced to live far below the minimum levels required for a decent human existence, deprived of adequate water, food, clothing, shelter and education, health and sanitation. Development, which was supposed to alleviate such problems, has often increased them, especially by allowing the powerful sections of society to appropriate the natural resources of poor and resource-dependent people. In the above context, it is important to recognize our dependence on the earth’s natural resources. Natural resources such as air, water, and land are fundamental to all life forms: they are, much more than money and economic infrastructure, the base of our survival. An interesting precedence on this has been set by a 1993 judgment of the Philippine Supreme Court, in the case Minors Oposa vs. Secretary of the Dept. of Environment and Natural Resources 33 ILM 173 (1994). The Court allowed a class action by Filipino children, acting as representatives for themselves and for future generations, arguing for a halt in timber cutting in national forests. The Court held that the petitioners were qualified to sue on behalf of current and future generations, and accepted their statistical evidence about how much forest cover is required to maintain a healthy environment for all generations.
We see around us growing evidence of human-caused harm in many regions of the earth:
dangerous levels of pollution in water, air, earth and living beings;
destruction and depletion of irreplaceable life forms and natural resources;
major and undesirable disturbances in the earth’s climate and protective layers;
gross deficiencies, harmful to physical, mental and social health, in the living and working environments of humans, especially in cities and industrial complexes.
An issue that is increasingly coming up in discussions relating to the right to a safe environment is that of the rights of future generations. Do unborn generations have a legal right to a secure natural environment, much as we in the current generation would like to have? Even if one were to accept this in principle, how would this translate into law? This is a critical issue for resolution and action in India. This paper tries to establish relation between Indian environmental laws and constitutional provision in respect of human right.
We drink without being thirsty and make love at any time; that is all that distinguishes us from... more We drink without being thirsty and make love at any time; that is all that distinguishes us from other animals. Beaumarchais Abstract* Marriage under all matrimonial laws is union imposing upon each of the spouses certain marital duties and gives to each of them certain legal rights. The necessary implication of marriage is that parties will live together. The sections relating to the restitution of conjugal rights in various Acts as unconstitutional in the wake of the apex courts recent Right to Privacy ruling1.
Abstract
Wife burning, mental & physical torture, desertions and other bodily abuses have become ... more Abstract
Wife burning, mental & physical torture, desertions and other bodily abuses have become a common phenomenon in society these days. Many progressive legislative measures have been enacted to empower women to assert their individual as well as spousal rights on par with men yet traditional inertia of the society as a whole has kept the pace of change in slow motion so far. Public opinion is being shaped by many NGOs to enlighten women in particular to assert their political, legal and individual rights. Courts are also becoming sensitive to social causes and newer innovative judicial pronouncements are aiding social change in keeping with the changing times. Ultimately, on dated October 11, 2017 in writ petition W.P. (C) No. 382 of 2013, apex court give historical judgement in favour of juvenile married women. According to that without consent of wife intercourse is offence. It is foundation for right against marital rape in India.
Many men will be unable to marry, creating social unrest and sexual violence against women, known as rape. While marital rape is non-consensual sex in which the perpetrator is the victim’s spouse. As such, it is a form of partner rape, of domestic violence, and of sexual abuse. Once widely ignored by law, spousal rape is now repudiated by international conventions and increasingly criminalized but still, in many countries, spousal rape either remains legal or is illegal but widely tolerated and accepted as a spouse’s prerogative and India is not out of it. It is ironic to note that in India where much hue and cry has been raised of late for making penal provisions for rape more stringent, the unprecedented silence that shrouds the issue of marital rape has still remained unchanged, recently, only apex court give some relief in this regard. In India, where thousands of women remain afflicted with unbearable atrocities within the four walls of their house, marital rape is shameful narrative of suffering women, an issue which has remained grossly neglected owing to the utter patriarchal mindset of the society, which fails to recognise rape within the bonds of marriage. According to the UN Population Fund, more than two-thirds of married women in India, aged 15 to 49, have been beaten, or forced to provide sex. In 2011, the International Men and Gender Equality Survey revealed that one in five has forced their wives or partner to have sex.
This paper focuses on the prevalence of this problem in the society to explore into this crucial socio- legal issue with special reference to the need of criminalisation of marital rape in India where some relief provide by court is not adequate, as soon as possible, for the sake of human dignity and in the interest of justice. In its justification, this article identifies the motivations & other co-factors for why men rape their own wives in order to ensure gender justice.
Keywords - Perpetrator, Victim’s Spouse, Sexual Abuse, Intercourse, Rape, Marital Rape Criminalisation, Legal scenario
Recently our apex court decided a case related to Privacy and says it is a fundamental right and ... more Recently our apex court decided a case related to Privacy and says it is a fundamental right and after some days it says without wish of wife intercourse fall within perview of Rape.
LEGAL NEWS & VIEWS, 2017
India is a country of people from diverse religions and backgrounds. As there are many religions... more India is a country of people from diverse religions and backgrounds. As there are many religions, so there are numbers of religious laws too, that governs the people of different religions. Every religion has its own personal laws relating to marriage divorce, maintenance, guardianship and succession governing the Hindus, Muslims and Christians, etc. There is no Uniform Civil Code in India. The women have fewer rights than the men under the religious personal laws. The society has plonked verdicts on the women. The women not only feel inferior but also helpless because the upbringing of the girls has been done in such a way that they do not raise their voices against such discriminations. Though the government has made the efforts to lift the status of women via implementing civil code, yet there is need to change the thinking pattern of people to give sense of credence to women about their potential. This legal struggle of Muslim women and defending position of Muslim community has become a strong weapon in the hands of state and other interested parties to raise the demand for Uniform Civil Code (UCC). Those who argue for UCC have not been able to convince the minority groups who regard the call for UCC as a threat to their Personal laws. The Right wing group concerns on the issue make it doubtful whether the purpose of UCC is to remove the gender inequality or to maintain superiority of one law over the other. The present day debates on this issue have nothing about substantial of Islamic law and the rights guaranteed to women under it. Since the debate around Triple talaq is at its height today therefore, we confine ourselves to the issue pertaining to divorce. The court said it would examine whether the practice known as "triple talaq" was fundamental to the religion. India is one of a handful of countries in the world where a Muslim man can divorce his wife in minutes by saying the word talaq three times. But activists say the practice is "discriminatory". Many Muslim groups have opposed the court's intervention in their religious matters, although the move has the backing of the current Indian government of Prime Minister Narendra Modi.
insight plus, 2016
Abstract
Nobody grows old merely by... more Abstract
Nobody grows old merely by living a number of years. We grow old by deserting our ideals. Years may wrinkle the skin, but to give up enthusiasm wrinkles the soul. Samuel Ullman Aging is a natural process, which occurs in a human life cycle. It brings about lots of changes in the life of the elderly, which are mostly by the changes in their body, mind, thought and the living patterns. Senior Citizens should have access to adequate food, water, shelter, clothing and health care through the provision of income, family and community support and self-help. Older persons should have the opportunity to work or to have access to other income generating opportunities. Older Persons should remain integrated in society and participate actively in the formulation of policies which effect their well-being. Parents should have access to health care to help them maintain the optimum level of physical, mental and emotional well-being. Senior Citizen should be able to pursue opportunities for the full development of their potential and have access to educational, cultural, spiritual and recreational resources of society. In India currently has nearly 10 crore people who are above 60 and the number is expected to touch 32 crore by 2050, which will about one-fifth of the country's population then. The survey 1 of 1,200 elderly conducted in 12 cities, including Mumbai and Nagpur, states that nearly 50 per cent of the respondents faced some form of abuse. The figure was 23 per cent last year. Analyzing the situation and legal protection given to the senior citizens in India, India being the most lawful country has got constitutional as well as Legislative protection (which no one knows). This paper analysed the Act, whether older Persons should be able to live in dignity and security and should be free from exploitation and mental and physical abuse, which provides the rights to older person in India.
Social welfare (CSWB), 2017
To call woman the weaker sex is a libel; it is man's injustice to woman. If by strength is meant ... more To call woman the weaker sex is a libel; it is man's injustice to woman. If by strength is meant brute strength, then, indeed, is woman less brute than man. If by strength is meant moral power, then woman is immeasurably man's superior. Has she not greater intuition, is she not more self sacrificing has she not greater powers of endurance, has she not greater courage? Without her, man could not be. If nonviolence is the law of our being, the future is with woman. Who can make a more effective appeal to the heart than woman?"
Social welfare (CSWB), 2017
" Women have served all these centuries as looking glasses possessing the magic and delicious pow... more " Women have served all these centuries as looking glasses possessing the magic and delicious power of reflecting the figure of man at twice its natural size. "-Virginia Woolf Abstract A Room of One's Own Women has always been considered as the weaker sections of the society, as the victims. They have been shown merely as characters in a man's world. What they don't realise is that women are leaders everywhere you look, from the CEO who runs a Fortune 500 company to the housewife who raises her children and heads her household. Whatever glory belongs to the race for a development unprecedented in history for the given length of time, a full share belongs to the womanhood of the race. Sexual violence against women is the greatest human right scandal of our times. From birth to death in times of peace as well war, women face violence at the hands of the State, the community and the family. Rape and sexual abuse by relatives, other men, security officials or armed combatants, are inflicted on millions of girls and women every year. Some forms of violence related to family and other are related to workplace, in order to dehumanise the women or girls, it fills their lives with pain and terror, from which some never recover. Harassment of women is ramified or divided or separated into branches. They may be taken to or construed as disturbance agitation, trouble and or, harassment of rape. There is different way of violence against women and in addition of working women at the place of employment. The Act is the outcome of the Supreme Court's guidelines in Vishaka Vs State of Rajesthan1 and Delhi Gang Rape Case2, but it has some pros and cons which needs further elucidation. Constitution of India has done a magnificent job in insuring gender justice in country and it is the supreme law of the country. It recognises women as a class by itself and permits enactment of laws. The present article deals with the critical overview of the Sexual Harassment of Women at Workplace (Prevention, prohibition and Redressal) Act, 2013 and its obligations and implications for companies and employees. Finally, we argue that sexual behaviours must be understood in context, as interplay between organizational control and individual agency.
Violence should not happen to anybody, ever Period. But it does and when it does, there is help. ... more Violence should not happen to anybody, ever Period. But it does and when it does, there is help. Maybe you have lived with abuse, maybe it happened just once; maybe you work or live next to someone who is being abused right now.
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Papers by Dr.Shashank Chandel
United Nation in its Millennium Summit in 2000 declared ‘Gender Equality and Women Empowerment’ as one among the eight ‘Millennium Development Goal’ to be achieved by the year 2015. However these goals are far from being realized in a country like India. In a country where patriarchy enjoys a deep-rooted foundation in everyday lives, women are subject to the judgement of their spouse and family. On one hand, women may be forced to undergo abortion even when they don’t want to, as with female foeticides. On the other, she may be compelled to reproduce against her wishes. Stereotypical depictions of women as homemakers and mothers only contribute to these factors. As a result, women often resort to illegal or unsafe abortion methods. Studies have estimated that millions of women undergo abortion each year and over 50% of those are done in highly unsafe environments. Justice Sikri’s speech, sprinkled with quotes and examples like the movie Pink, points to the need for an urgent discourse on the subject. “A woman’s choice to reproduce, abort or prevent pregnancy, deals with her body. It is she, who, by the virtue of her anatomy, undergoes the process eventually he said. “Reproductive right, which of course is a human right, is based on the human dignity.” “When we talk of reproductive rights, it is mixed with another right of women that is the women health and sexual right. When we talk of reproductive rights in India, there again the choice is of the husband in the family or what the elders say…when there should be a child, whether that child should be male or female etc.” Earlier the right to abortion was not permitted and it was strongly opposed by the society. The termination of pregnancy was termed to be a murder of the fetus. On dated July 28, 2017, Supreme Court decided one more case where 10 year old rape victim girl was denied to terminate her pregnancy on advice of medical board. What is her fundamental right and which one dominate either personal or social.
The prime purpose of this paper is to study the “Dignity Right of Women in term of reproductive right” in the gender justice perspective. The present paper explores the questions central to women’s right in India that is fundamentally patriarchal in nature. The objective of the paper is to evolve strategies to empower women uniformly like the men.
Keywords: Abortion, Women’s, Rights, Problems, Prospects, Empowerment, Challenges Gender Justice and Dignity.
Environment protection and conservation is integral part of Indian religious practices and beliefs. It is belief of all Indian religions that to preserve the environment is one of the ways to serve the humanity and God. For full development as human beings, exercise and enjoyment of Human Rights by all the people is necessary. Human Rights and fundamental freedoms help us to develop our basic qualities, aptitude, talents and ethics to meet our material and divine needs. It is needless to state that without the recognition of the right to education, realization of the right to development of every human being and nation is not possible. Historically, education is an instrument of development and an important factor for social change.
Humanity’s capacity to transform its surroundings, if used wisely and with respect to the ways of nature, can bring to all communities the opportunity to enhance the quality of life.
To large numbers of humanity, especially communities that have been termed ‘ecosystem people’ (people depending on the natural environments of their own locality to meet most of their material needs), natural resources are the base of survival and livelihoods. Given this close interdependence of humans and their environment, it is not surprising that the culture of societies is so greatly influenced by their environment. They seek inspiration, knowledge, spirituality and aesthetics within their natural surroundings. Wrongly or recklessly applied, or applied in unfair ways, the same power can do incalculable harm to human beings and their environment.
Several hundred million people have been increasingly forced to live far below the minimum levels required for a decent human existence, deprived of adequate water, food, clothing, shelter and education, health and sanitation. Development, which was supposed to alleviate such problems, has often increased them, especially by allowing the powerful sections of society to appropriate the natural resources of poor and resource-dependent people. In the above context, it is important to recognize our dependence on the earth’s natural resources. Natural resources such as air, water, and land are fundamental to all life forms: they are, much more than money and economic infrastructure, the base of our survival. An interesting precedence on this has been set by a 1993 judgment of the Philippine Supreme Court, in the case Minors Oposa vs. Secretary of the Dept. of Environment and Natural Resources 33 ILM 173 (1994). The Court allowed a class action by Filipino children, acting as representatives for themselves and for future generations, arguing for a halt in timber cutting in national forests. The Court held that the petitioners were qualified to sue on behalf of current and future generations, and accepted their statistical evidence about how much forest cover is required to maintain a healthy environment for all generations.
We see around us growing evidence of human-caused harm in many regions of the earth:
dangerous levels of pollution in water, air, earth and living beings;
destruction and depletion of irreplaceable life forms and natural resources;
major and undesirable disturbances in the earth’s climate and protective layers;
gross deficiencies, harmful to physical, mental and social health, in the living and working environments of humans, especially in cities and industrial complexes.
An issue that is increasingly coming up in discussions relating to the right to a safe environment is that of the rights of future generations. Do unborn generations have a legal right to a secure natural environment, much as we in the current generation would like to have? Even if one were to accept this in principle, how would this translate into law? This is a critical issue for resolution and action in India. This paper tries to establish relation between Indian environmental laws and constitutional provision in respect of human right.
Wife burning, mental & physical torture, desertions and other bodily abuses have become a common phenomenon in society these days. Many progressive legislative measures have been enacted to empower women to assert their individual as well as spousal rights on par with men yet traditional inertia of the society as a whole has kept the pace of change in slow motion so far. Public opinion is being shaped by many NGOs to enlighten women in particular to assert their political, legal and individual rights. Courts are also becoming sensitive to social causes and newer innovative judicial pronouncements are aiding social change in keeping with the changing times. Ultimately, on dated October 11, 2017 in writ petition W.P. (C) No. 382 of 2013, apex court give historical judgement in favour of juvenile married women. According to that without consent of wife intercourse is offence. It is foundation for right against marital rape in India.
Many men will be unable to marry, creating social unrest and sexual violence against women, known as rape. While marital rape is non-consensual sex in which the perpetrator is the victim’s spouse. As such, it is a form of partner rape, of domestic violence, and of sexual abuse. Once widely ignored by law, spousal rape is now repudiated by international conventions and increasingly criminalized but still, in many countries, spousal rape either remains legal or is illegal but widely tolerated and accepted as a spouse’s prerogative and India is not out of it. It is ironic to note that in India where much hue and cry has been raised of late for making penal provisions for rape more stringent, the unprecedented silence that shrouds the issue of marital rape has still remained unchanged, recently, only apex court give some relief in this regard. In India, where thousands of women remain afflicted with unbearable atrocities within the four walls of their house, marital rape is shameful narrative of suffering women, an issue which has remained grossly neglected owing to the utter patriarchal mindset of the society, which fails to recognise rape within the bonds of marriage. According to the UN Population Fund, more than two-thirds of married women in India, aged 15 to 49, have been beaten, or forced to provide sex. In 2011, the International Men and Gender Equality Survey revealed that one in five has forced their wives or partner to have sex.
This paper focuses on the prevalence of this problem in the society to explore into this crucial socio- legal issue with special reference to the need of criminalisation of marital rape in India where some relief provide by court is not adequate, as soon as possible, for the sake of human dignity and in the interest of justice. In its justification, this article identifies the motivations & other co-factors for why men rape their own wives in order to ensure gender justice.
Keywords - Perpetrator, Victim’s Spouse, Sexual Abuse, Intercourse, Rape, Marital Rape Criminalisation, Legal scenario
Nobody grows old merely by living a number of years. We grow old by deserting our ideals. Years may wrinkle the skin, but to give up enthusiasm wrinkles the soul. Samuel Ullman Aging is a natural process, which occurs in a human life cycle. It brings about lots of changes in the life of the elderly, which are mostly by the changes in their body, mind, thought and the living patterns. Senior Citizens should have access to adequate food, water, shelter, clothing and health care through the provision of income, family and community support and self-help. Older persons should have the opportunity to work or to have access to other income generating opportunities. Older Persons should remain integrated in society and participate actively in the formulation of policies which effect their well-being. Parents should have access to health care to help them maintain the optimum level of physical, mental and emotional well-being. Senior Citizen should be able to pursue opportunities for the full development of their potential and have access to educational, cultural, spiritual and recreational resources of society. In India currently has nearly 10 crore people who are above 60 and the number is expected to touch 32 crore by 2050, which will about one-fifth of the country's population then. The survey 1 of 1,200 elderly conducted in 12 cities, including Mumbai and Nagpur, states that nearly 50 per cent of the respondents faced some form of abuse. The figure was 23 per cent last year. Analyzing the situation and legal protection given to the senior citizens in India, India being the most lawful country has got constitutional as well as Legislative protection (which no one knows). This paper analysed the Act, whether older Persons should be able to live in dignity and security and should be free from exploitation and mental and physical abuse, which provides the rights to older person in India.
United Nation in its Millennium Summit in 2000 declared ‘Gender Equality and Women Empowerment’ as one among the eight ‘Millennium Development Goal’ to be achieved by the year 2015. However these goals are far from being realized in a country like India. In a country where patriarchy enjoys a deep-rooted foundation in everyday lives, women are subject to the judgement of their spouse and family. On one hand, women may be forced to undergo abortion even when they don’t want to, as with female foeticides. On the other, she may be compelled to reproduce against her wishes. Stereotypical depictions of women as homemakers and mothers only contribute to these factors. As a result, women often resort to illegal or unsafe abortion methods. Studies have estimated that millions of women undergo abortion each year and over 50% of those are done in highly unsafe environments. Justice Sikri’s speech, sprinkled with quotes and examples like the movie Pink, points to the need for an urgent discourse on the subject. “A woman’s choice to reproduce, abort or prevent pregnancy, deals with her body. It is she, who, by the virtue of her anatomy, undergoes the process eventually he said. “Reproductive right, which of course is a human right, is based on the human dignity.” “When we talk of reproductive rights, it is mixed with another right of women that is the women health and sexual right. When we talk of reproductive rights in India, there again the choice is of the husband in the family or what the elders say…when there should be a child, whether that child should be male or female etc.” Earlier the right to abortion was not permitted and it was strongly opposed by the society. The termination of pregnancy was termed to be a murder of the fetus. On dated July 28, 2017, Supreme Court decided one more case where 10 year old rape victim girl was denied to terminate her pregnancy on advice of medical board. What is her fundamental right and which one dominate either personal or social.
The prime purpose of this paper is to study the “Dignity Right of Women in term of reproductive right” in the gender justice perspective. The present paper explores the questions central to women’s right in India that is fundamentally patriarchal in nature. The objective of the paper is to evolve strategies to empower women uniformly like the men.
Keywords: Abortion, Women’s, Rights, Problems, Prospects, Empowerment, Challenges Gender Justice and Dignity.
Environment protection and conservation is integral part of Indian religious practices and beliefs. It is belief of all Indian religions that to preserve the environment is one of the ways to serve the humanity and God. For full development as human beings, exercise and enjoyment of Human Rights by all the people is necessary. Human Rights and fundamental freedoms help us to develop our basic qualities, aptitude, talents and ethics to meet our material and divine needs. It is needless to state that without the recognition of the right to education, realization of the right to development of every human being and nation is not possible. Historically, education is an instrument of development and an important factor for social change.
Humanity’s capacity to transform its surroundings, if used wisely and with respect to the ways of nature, can bring to all communities the opportunity to enhance the quality of life.
To large numbers of humanity, especially communities that have been termed ‘ecosystem people’ (people depending on the natural environments of their own locality to meet most of their material needs), natural resources are the base of survival and livelihoods. Given this close interdependence of humans and their environment, it is not surprising that the culture of societies is so greatly influenced by their environment. They seek inspiration, knowledge, spirituality and aesthetics within their natural surroundings. Wrongly or recklessly applied, or applied in unfair ways, the same power can do incalculable harm to human beings and their environment.
Several hundred million people have been increasingly forced to live far below the minimum levels required for a decent human existence, deprived of adequate water, food, clothing, shelter and education, health and sanitation. Development, which was supposed to alleviate such problems, has often increased them, especially by allowing the powerful sections of society to appropriate the natural resources of poor and resource-dependent people. In the above context, it is important to recognize our dependence on the earth’s natural resources. Natural resources such as air, water, and land are fundamental to all life forms: they are, much more than money and economic infrastructure, the base of our survival. An interesting precedence on this has been set by a 1993 judgment of the Philippine Supreme Court, in the case Minors Oposa vs. Secretary of the Dept. of Environment and Natural Resources 33 ILM 173 (1994). The Court allowed a class action by Filipino children, acting as representatives for themselves and for future generations, arguing for a halt in timber cutting in national forests. The Court held that the petitioners were qualified to sue on behalf of current and future generations, and accepted their statistical evidence about how much forest cover is required to maintain a healthy environment for all generations.
We see around us growing evidence of human-caused harm in many regions of the earth:
dangerous levels of pollution in water, air, earth and living beings;
destruction and depletion of irreplaceable life forms and natural resources;
major and undesirable disturbances in the earth’s climate and protective layers;
gross deficiencies, harmful to physical, mental and social health, in the living and working environments of humans, especially in cities and industrial complexes.
An issue that is increasingly coming up in discussions relating to the right to a safe environment is that of the rights of future generations. Do unborn generations have a legal right to a secure natural environment, much as we in the current generation would like to have? Even if one were to accept this in principle, how would this translate into law? This is a critical issue for resolution and action in India. This paper tries to establish relation between Indian environmental laws and constitutional provision in respect of human right.
Wife burning, mental & physical torture, desertions and other bodily abuses have become a common phenomenon in society these days. Many progressive legislative measures have been enacted to empower women to assert their individual as well as spousal rights on par with men yet traditional inertia of the society as a whole has kept the pace of change in slow motion so far. Public opinion is being shaped by many NGOs to enlighten women in particular to assert their political, legal and individual rights. Courts are also becoming sensitive to social causes and newer innovative judicial pronouncements are aiding social change in keeping with the changing times. Ultimately, on dated October 11, 2017 in writ petition W.P. (C) No. 382 of 2013, apex court give historical judgement in favour of juvenile married women. According to that without consent of wife intercourse is offence. It is foundation for right against marital rape in India.
Many men will be unable to marry, creating social unrest and sexual violence against women, known as rape. While marital rape is non-consensual sex in which the perpetrator is the victim’s spouse. As such, it is a form of partner rape, of domestic violence, and of sexual abuse. Once widely ignored by law, spousal rape is now repudiated by international conventions and increasingly criminalized but still, in many countries, spousal rape either remains legal or is illegal but widely tolerated and accepted as a spouse’s prerogative and India is not out of it. It is ironic to note that in India where much hue and cry has been raised of late for making penal provisions for rape more stringent, the unprecedented silence that shrouds the issue of marital rape has still remained unchanged, recently, only apex court give some relief in this regard. In India, where thousands of women remain afflicted with unbearable atrocities within the four walls of their house, marital rape is shameful narrative of suffering women, an issue which has remained grossly neglected owing to the utter patriarchal mindset of the society, which fails to recognise rape within the bonds of marriage. According to the UN Population Fund, more than two-thirds of married women in India, aged 15 to 49, have been beaten, or forced to provide sex. In 2011, the International Men and Gender Equality Survey revealed that one in five has forced their wives or partner to have sex.
This paper focuses on the prevalence of this problem in the society to explore into this crucial socio- legal issue with special reference to the need of criminalisation of marital rape in India where some relief provide by court is not adequate, as soon as possible, for the sake of human dignity and in the interest of justice. In its justification, this article identifies the motivations & other co-factors for why men rape their own wives in order to ensure gender justice.
Keywords - Perpetrator, Victim’s Spouse, Sexual Abuse, Intercourse, Rape, Marital Rape Criminalisation, Legal scenario
Nobody grows old merely by living a number of years. We grow old by deserting our ideals. Years may wrinkle the skin, but to give up enthusiasm wrinkles the soul. Samuel Ullman Aging is a natural process, which occurs in a human life cycle. It brings about lots of changes in the life of the elderly, which are mostly by the changes in their body, mind, thought and the living patterns. Senior Citizens should have access to adequate food, water, shelter, clothing and health care through the provision of income, family and community support and self-help. Older persons should have the opportunity to work or to have access to other income generating opportunities. Older Persons should remain integrated in society and participate actively in the formulation of policies which effect their well-being. Parents should have access to health care to help them maintain the optimum level of physical, mental and emotional well-being. Senior Citizen should be able to pursue opportunities for the full development of their potential and have access to educational, cultural, spiritual and recreational resources of society. In India currently has nearly 10 crore people who are above 60 and the number is expected to touch 32 crore by 2050, which will about one-fifth of the country's population then. The survey 1 of 1,200 elderly conducted in 12 cities, including Mumbai and Nagpur, states that nearly 50 per cent of the respondents faced some form of abuse. The figure was 23 per cent last year. Analyzing the situation and legal protection given to the senior citizens in India, India being the most lawful country has got constitutional as well as Legislative protection (which no one knows). This paper analysed the Act, whether older Persons should be able to live in dignity and security and should be free from exploitation and mental and physical abuse, which provides the rights to older person in India.
The Rural development generally refers to the process of improving the quality of life of the people who live in less develop and economic well-being of people living in relatively isolated and sparsely populated areas. To remove rural poverty and unemployment, by way of generating demand for productive labour force in villages. By this way it provides an alternative source of livelihood which will have an impact on reducing migration, restricting child labour, alleviating poverty, and making villages self-sustaining through productive assets creation such as road construction, cleaning up of water tanks, soil and water conservation work, etc. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is one which has been considered as the largest anti-poverty programme in the world. In this paper, based on the secondary data, an attempt has been made to comprehensively understand the development effort to rebuild the rural life and livelihood on the basis of various secondary data.
Keywords: India; Rural development; Development; MGNREGA.
The institution of marriage gives respectability to women, enhances their personal happiness welfare and provides family support & companionship. Now a day’s our Apex Court hit the basic root of marriage when it decided the cases on restitution of conjugal right and intercourse with her wife and Adultery. Adultery no longer a criminal offence in India. In 1985, Nalini Chidambaram and Seita Vaidalingam, two lawyers, challenged the law on adultery drafted in 1860. They argued that this ‘protective’ provision in the IPC was sexually discriminatory and therefore, unconstitutional. The government has defended the law, saying adultery must remain a crime so that the sanctity of marriage can be protected, after a petition called for the law to be scrapped as it does not treat men and women equally.
This paper evaluates the position of adultery with respect to institution of marriage, in light of Right to Privacy which includes dignity of both, is a fundamental right judgment given by Hon’ble apex court. In recent time, judgment of apex court says, that the intercourse with another’s wife is not an offence . Adultery is defined as a voluntary sexual relationship between two individuals who are not married to each other. The act of infidelity occurs in marriage when one of the spouses willingly engages in sexual intercourse with an individual of the opposite gender other than the marital partner. India's apex court has striking down a 158-year-old colonial era law which it said treated women as male property. Where is dignity of husband? and why husband take liability on the basis of marriage. Under IPC, adultery consider as an offence against marriage and husband of wife. Although, married women not considered co-conspirator with man or abettor, in the name of gender justice, whether do justice with husband. Previously any man who had sex with a married woman, without the permission of her husband, had committed a crime. The judgment given by apex court although helps the women empowerment but same time it can be destroying the institution of marriage as well dignity of husband.
of Women to provide a book on various issue relate to women.
Women in Indian scenario not live in a dignified situation. They face
day to day examination occurred by members of the society, family.
They are not free from
The contributors of this edited book are strengthened by their
effort to make this book useful in the legal fraternity for further work
in this field. In this book total 16 articles and research work
compiled in edited form.