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Kaaviya b soman

Indian Parliament

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Trending Today Indian Parliament Addressing Judicial Issues in Revenge Porn Cases Triviality section 95 INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors Legal Framework governing reproductive rights and abortion law The Role of International Law in Shaping Domestic Constitutions Indigenous Peoples’ Rights and Cultural Heritage Preservation SPORTA TECHNOILOGIES V. HONG Y1 F35 Indian Parliament 03 Feb 2025 Introduction The freedom we enjoy today is ours due to the lifelong struggle of our ancestors who fought tooth and nail for it. People from different backgrounds joined the show, inspired by the ideology of freedom, equality and democracy. And as we know the conditions under which people were under the British Raj or colonial rule, the centuries of oppression and oppression of our ancestors made them yearn for freedom, a sense of justice and the ability to say “No” without fear of terrible punishment. The freedom movement changed the situation and brought them hope for a better and brighter future. The nationalists responsible for the movement began to educate people about right and wrong and encouraged them to fight for their rights; began publicly criticizing the colonial government and demanding equal and fair treatment for all whites. Legislation such as the Government of India Act of 1909 allowed Indians some form of elected representation under the British colonial government or commonly known as the British Raj. Established after 1947, the Indian parliament is a sign of people’s hope and faith in the democracy and secularism of the Indian government. The Indian Parliament presents to us the united front of our freedom fighters and reflects the country’s secularism and democracy. The purpose of the constitution and the parliaments formed was to ensure that corruption and other unfavorable conditions do not blind the freedom won through struggle and sacrifice. The idea of ​​”involving the people in the decision-making process and forming the government by giving them the privilege of choosing their own leaders not only made the government favorable to the citizens but also ensured that power and position could not be used by those in power with great importance because it is considered the property of the state because it consists of citizens of the country elected by the people. We know that Lok Sabha elections are usually held every five years so that no government or political authority can fulfill its responsibilities for the welfare of the citizens In short, democracy is the art and science of using the physical, financial and conceptual resources of the country for the common good of all citizens, and the parliament is a political institution that helps the government to achieve the concept of democracy and sovereignty. Composition of Parliament and Qualification of its Members Article 79 of the Constitution explains to us the structure of Parliament which consists of the President of India, the Upper House known as the Rajya Sabha and the Lower House known as the Lok Sabha. President : The President of our country is the highest form of government in our country and is considered to be the role of an emperor or queen. The President of India is the leader; the first Indian citizen to hold an executive and administrative post in the state. The president of the country is a symbol of the unity, integrity and solidarity of the nation. India’s president could be impeached for “unconstitutional” behavior before his term ends. Eligibility of the President to become the President of the country, a citizen must fulfill the requirements and requirements that he must be a citizen of India and must be 35 years of age. The president cannot be a member of either House, and if he holds any position in the Lok Sabha or Rajya Sabha, he must vacate that position on the first day  of his assumption of office. A candidate must not be employed by a government, state or public authority in an office for profit, and if he is in such a position for profit, he cannot run for president. The president must be a member of the House of Commons or better known as the Lok Sabha. Impeachment of the President of India: Impeachment refers to questioning the integrity or legitimacy of someone or something while in office; The charges explain that since the impeachment is known, the term “violation of the constitution” is not defined in the constitution. Either an Indian parliamentary building such as Lok Sabha or Rajya Sabha can raise the office of the president. ¼ of the members of parliament making the accusations must sign the accusations and the president must be given 14 days before the dismissal. A request is sent to the second chamber of the parliament to investigate and verify the accusations against the president, if 2/3 of the accusing deputies approve it. The President has the right to appear in the interrogation room and be represented to present the charges against him. If the proposal is also approved by a 2/3 majority in the second parliament, the president is considered dismissed on the same day. It should be noted here that candidate members who are not currently in office in the parliament can also participate in the impeachment process. However, elected members of state parliaments and the universities of Delhi and Puducherry cannot participate in the impeachment process, although they can vote in presidential elections and impeachment proceedings. 1.Rajya Sabha: The upper chamber of parliament is called the Rajys Sabha and has a maximum of 250 members. The members of the states and federations form a total of 238 Rajya Sabha members, the remaining 12 are appointed by the President of India from various fields of arts, literature, science and social sciences. Members representing states are elected by state legislatures, while  members representing  union territories are elected by the electoral college in those union territories that do not have parliaments, such as Delhi and Puducherry. Members are elected by one transferable vote according to the principle of proportional representation. Qualifications: to be

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Addressing Judicial Issues in Revenge Porn Cases

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Trending Today Addressing Judicial Issues in Revenge Porn Cases Triviality section 95 INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors Legal Framework governing reproductive rights and abortion law The Role of International Law in Shaping Domestic Constitutions Indigenous Peoples’ Rights and Cultural Heritage Preservation SPORTA TECHNOILOGIES V. HONG Y1 F35 Addressing Judicial Issues in Revenge Porn Cases 30 jan 2025 Introduction An irreplaceable asset in today’s world for a person is their privacy, dignity, respect and safety. The invention of the internet and the existence of social media has certainly connected us all to a global platform where communication and collaboration was effortless, but joining it comes with its own risks, and one such risk is lack of privacy. We humans are generally motivated by knowing what is happening inside and around us; we tend to invest our shares in the lives of others, which has now become easier thanks to various social media. Revenge pornography, or sharing intimate images without consent, is one such risk that has increased over the years, with the aim of threatening, brutally humiliating and using a person’s shame for selfish pleasure. We live in a society where rape, prostitution, human trafficking, public humiliation, acid attacks, honor killings, dowry etc. The bitter truth of society is that even with proper education and knowledge of the circumstances, society raises questions about the victim’s behavior instead of taking a stand against the criminal. Social media is now a target for such malicious people who target innocent people and use their private moments  to torture and blackmail them to satisfy their barbarity. Before we read more about revenge porn, let’s first find out what is pornography? Presenting sexual activity to excite one person is called pornography. It can be understood as a clear presentation of sexual activity that focuses only on sexual pleasure and nothing else. Various researchers and theorists argue that pornography represents a patriarchal society that views women as objects that must always be silent and subservient to them. There have been various studies that show that these pornographically provocative videos have deceived viewers and often show excessive violence against a person. Now that we are aware of pornography, let’s look at the topic of revenge porn in a little more detail and what it is all about. Revenge pornography refers to the misuse of a person’s personal information and involves stalking and intimidating behavior. It concerns the dissemination of explicit images and videos of a person’s intimate time online without the person’s consent, with the aim of publicly slandering the person and causing shame and humiliation. Usually, when such crimes are mentioned and carried out, it is assumed that only women go through such a traumatic experience, but this could not be further from the truth. This form of non-contractual pornography involves sharing material online or offline, such as uploading and sharing on the Internet, adult websites, social media, sharing via email, etc. The reason for such an unethical act can be as simple as feeling betrayed, anger, resentment for the actions of people or even just a desire to harm others to satisfy one’s fragile ego. Yet nothing is said or done to justify such immoral actions. People who indulge in such actions for a moment of anger or temper are often shallow and lack empathy for others. The difference between revenge porn and regular porn is the purpose for which the video was made. The parties of the pornographic video are aware of  the purpose behind the creation of the video and are aware what the video is created contains and agree to upload the video at their own will; whereas in revenge pornography cases pornographic content is often uploaded as a means of intimidation where offender seeks to ruin the reputation of the victim and in most cases the victim is not aware of this kind betrayal or revenge. Also, the purpose and motto of the uploading such content to the website is different. If the porn content is uploaded to increase the ratings of the porn star, to make a profit and to build a name and gain popularity; the idea behind revenge porn is to hurt the victim and humiliate the victim’s family and cause irreparable damage to the victim’s character. There are also cases where the photos of the victim have been changed into images of porn stars with the help of modern technology, tarnishing their name and character in society, although the victim is not really guilty. Those films or images are taken covertly without the knowledge of the person and are used as a source or source of shame or even in certain cases these videos are used as blackmail material. Porn films are exaggerated videos that are filmed in a similar way to films with regular high definition cameras, with the aim of profiting from these films. They have no reality and are often based on a story that the stars are acting. These are not intimate private moments between people, but the collective work of the entire team that benefits from the distribution of this film. Revenge porn is a crime The intentional distribution of non-contractual porn on the Internet is a type of cyber bullying that occurs when an acquaintance of the victim or a hacker posts a private intimate moment of the victim online as a tactic to punish or humiliate the victim. Cases of revenge porn often make news for celebrities, who often publicly confront such stalkers. Legally, revenge pornography is a form of cyber sexual harassment and in some cases is defined as cyber bullying. Cases of revenge porn are on the rise in our country, and new technological advances are not helping matters. The distribution of such non-consensual content is often considered virtual rape because it offends a person and causes a person’s life value of trauma and confusion. Because revenge pornography is considered a cybercrime, it can be punished with imprisonment and fines. In such scenarios,

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Triviality section 95

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Trending Today Addressing Judicial Issues in Revenge Porn Cases Triviality section 95 INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors Legal Framework governing reproductive rights and abortion law The Role of International Law in Shaping Domestic Constitutions Indigenous Peoples’ Rights and Cultural Heritage Preservation SPORTA TECHNOILOGIES V. HONG Y1 F35 Triviality section 95 28 jan 2025 Abstract: Actions that are insignificant and cause as little harm as possible and does not require the intervention of judicial proceedings, are called trivial actions. Section 95 of the Indian Penal Code describes recklessness as acts causing slight or no appreciable harm which no person of common sense and character would complain of as appreciable harm. Section 95 of the IPC can be divided into two important parts which apply to an act to determine whether an act is a “significant act” or not. Such action should be done without a reason or intention to cause serious damage to the person; the intention to cause such damage is such that it would not compel an ordinary person to complain about a trivial act. These small actions are done with a small motive or purpose; it could be as simple as stepping on someone’s toe or grabbing a paper from someone’s desk. The purpose of the introduction of this section is to avoid the severe punishment of trivial or trivial actions; otherwise, the courts would be flooded with such complaints that the court, burdened with  these  and other minor matters, could not concentrate on solving the problems of people who have really significant problems that can damage or break their lives. Behind this concept of thought is the maxim “de minimis non curat lex”, which means that when a person is faced with such stupid and trivial actions, he must deal with it himself and the court does not interfere in the matter where the subject of the dispute is. Trivial in nature, but the parties concerned must ensure that none of the parties agrees to such actions that may incriminate them in the eyes of the law. The word harm or intent to harm in trivial actions means “lack of importance” in a man’s actions. Magnitude of the term “injury” The term injury or damage is used in many different parts of the IPC in different senses. The meaning of damages is not defined exclusively  in any of these sections and may be interpreted according to the wording of those respective sections. As, for example, when the term damage in section 415 refers to damage caused to a person’s body, mind, property and reputation. On the other hand, section 95 of the same law uses the term in its broadest sense and includes everything from physical injury caused to a person to emotional stress experienced by him, from financial loss to damage to a person’s reputation and humanity dignity etc. If the harm caused to a person is trivial, for example, someone scratched due to carelessness or even stepping on someone’s toes in a crowded market cannot be considered as a serious matter that requires the intervention of the court. The parties can deal with and resolve the matter themselves without having to go to court and judicial authorities. However, the fact that the damage caused to a person is trivial or minor does not mean that the negligence of the criminal who caused the damage has no consequences. According to the concept of mens rea, the conscious and guilty mind of a person is equally capable of making a person responsible for his actions, even if the damage caused to another person is insignificant. For this, the court ensures that the criminal pays a fine or some kind of compensation that enlightens the person and prevents him from repeating the act in the future. For example, if a person parks a vehicle in a no-parking zone or intentionally or negligently exceeds the speed while driving, he is liable for his negligence even if he did not cause serious damage or injury to anyone. To hold people accountable for such mistakes, the government collects fines and fees to prevent people from making such mistakes. And a person cannot avoid such fines and compensation by taking the defense of negligence mentioned in section 96 of the Civil Code. Is insulting women trivial? Harming women mentally or physically has always been a concern throughout history. Women have always been seen in our society as a weaker and exploitable species that can be abused by men in a patriarchal society, over the decades the perspective of society slowly changed as women gained rights and freedom and rose to a clearer position in society when compared to men. Minor damage or injury to the dignity and respect of women is to be treated as a crime and cannot be considered a trivial act under Section 95 of the Criminal Code. There are several provisions in the IPC which prevent unfairness. Section 354 of the Penal Code deals with crimes that scandalize the modesty of a woman, stating that anyone who attacks or insults a woman with the intention of defaming her modesty and knowing that such an act of the offender can degrade said women in society. Under the section, the offender has been made liable under the IPC for his indecency towards women and  also faces simple or rigorous imprisonment for a term of one to five years or fine or both. Furthermore, Section 509 of the same Act clearly stated that any word or gesture  done intentionally to insult the honor of a woman or violate her privacy. Then, performing such audacity, unpleasant actions are punished by simple imprisonment up to 1 year and a fine, which is decided by the competent court as in the case of Rupan Deol Bajaj vs. KPS Gill (1995). Rupan Deol Bajaj vs. KPS Gill case summary: In that case, the accused was a Superintendent of Police who patted the victim’s (an IAS officer) posterior when they

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INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors

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INDIAN YOUNG LAWYERS ASSOCIATION v. STATE OF KERALA & Ors 25 jan 2025 Historical Background The Sabarimala temple is one of the most prominent pilgrimage sites in India, located in the Periyar Tiger Reserve in the Western Ghat mountain ranges of Kerala. It is dedicated to the Hindu deity Ayyappan. The temple is estimated to be over 1000 years old. The Sabarimala temple attracts over 50 million devotees each year, making it one of the largest annual pilgrimages in the world. It is open to worshippers of all faiths and backgrounds. One of the longstanding traditions at Sabarimala was the restriction on the entry of women of menstruating age (generally defined as between 10 to 50 years old). This practice was justified on the grounds of preserving the temple’s sanctity and the belief that the presence of women of menstruating age would disrupt the ascetic practices of the male devotees. In 1990, S. Mahendran filed a plea challenging the ban on women’s entry into the temple, arguing that it violated principles of equality and non-discrimination. However, the Kerala High Court dismissed the plea, upholding the temple’s traditional practices. Subsequently, in 2006, another plea was filed by young Indian lawyers seeking to allow women’s entry into the Sabarimala temple. The case sparked significant debate and legal scrutiny regarding gender equality and religious practices. On 28th September 2018, the Supreme Court of India passed a landmark verdict in the case, overturning the centuries-old ban and allowing women of all ages to enter the Sabarimala temple. The Supreme Court’s decision was based on principles of gender equality and non-discrimination, emphasizing that religious practices cannot discriminate against women based on biological factors such as menstruation. The verdict led to widespread celebrations among activists advocating for gender equality and women’s rights, while it also sparked protests and resistance from certain religious groups and traditionalists who argued that the court’s decision interfered with religious customs and beliefs. In conclusion, the entry of women into the Sabarimala temple represents a significant milestone in India’s legal and social landscape, highlighting ongoing debates between religious freedom and individual rights, particularly concerning gender equality within religious traditions. Introduction The case of Indian Young Lawyers Association v. State of Kerala & Ors marks a significant legal battle that unfolded in India, revolving around the issue of women’s entry into the Sabarimala temple in Kerala. Traditionally, the temple had barred women of menstruating age (between 10 to 50 years) from entering its premises, citing religious customs and the need to preserve the temple’s sanctity and ascetic traditions. Initiated by the Indian Young Lawyers Association in 2006, the case challenged this age-old practice, asserting that it infringed upon fundamental rights guaranteed by the Indian Constitution, particularly the rights to equality and non-discrimination. The legal challenge sparked intense debates across the country, drawing passionate arguments from supporters advocating for gender equality and opponents defending religious traditions. After a series of judicial proceedings and deliberations, the Supreme Court of India delivered a landmark verdict on 28th September 2018. The court’s decision overturned the ban on women’s entry into Sabarimala temple, affirming their right to worship without discrimination based on biological factors such as menstruation. The verdict was hailed as a significant step towards gender justice and equality under the law, while also prompting varied reactions and further debates on the balance between religious practices and constitutional rights in India. The case remains pivotal in India’s legal discourse, illustrating the judiciary’s role in interpreting and safeguarding fundamental rights amid cultural and religious diversity. Issues addressed: Whether the prohibition on women’s entry into Sabarimala violated their fundamental rights to equality under Articles 14, 15, and 17, as well as freedom of religion under Article 25 of the Constitution. Whether freedom of religion under Article 25 can allow restrictions based on biological factors exclusive to women, such as menstruation. Whether the Sabarimala temple qualifies as a denominational temple with autonomy over its religious practices under Article 26. Case facts: The Sabarimala case revolves around the longstanding practice of barring women of menstruating age (generally 10-50 years old) from entering the Sabarimala temple in Kerala. This custom was rooted in the belief that the presence of women of reproductive age could disrupt the celibate and ascetic environment of the temple, which is dedicated to Lord Ayyappa. The legal challenge began in 1990 when S. Mahendran filed a petition in the Kerala High Court seeking to lift the ban on women’s entry, arguing that it violated their fundamental rights of equality and non-discrimination under the Indian Constitution. Despite efforts, the Kerala High Court upheld the temple’s tradition, citing religious practices and beliefs. In 2006, the Indian Young Lawyers Association renewed the legal battle by filing a petition in the Supreme Court of India, challenging the exclusion of women from Sabarimala temple. The case gained national attention and sparked intense debates across various segments of society regarding gender equality, religious freedoms, and cultural traditions. After extensive hearings and deliberations, on 28th September 2018, the Supreme Court of India delivered a landmark verdict. The court ruled that the practice of prohibiting women of menstruating age from entering Sabarimala temple was unconstitutional and discriminatory. The judgment emphasized that religious beliefs and customs cannot override fundamental rights guaranteed by the Constitution, particularly the rights to equality and freedom of worship. The Supreme Court’s decision was hailed as a significant step towards gender justice and equality in India. It marked a pivotal moment in the country’s legal history, highlighting the judiciary’s role in interpreting and safeguarding constitutional rights amid diverse religious practices and societal norms. While the verdict was celebrated by proponents of gender equality and women’s rights, it also prompted protests and resistance from traditionalists and religious groups who viewed the ruling as interference in religious traditions. The Sabarimala case continues to resonate in legal and social discussions, underscoring the complexities of balancing religious freedoms with constitutional guarantees of equality and non-discrimination. The bench of judges who delivered the judgment comprised: Chief Justice

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