Introduction

Although the development and up-gradation of technologies throughout the world have helped humans to grow and eased their work, it also has some shortcomings and is used widely to fulfill wrong or immoral objectives. Recently the honorable supreme court in the case of Rekha Sengar Versus State of Madhya Pradesh[1] upheld the decision of the high court of Madhya Pradesh dismissing the anticipatory bail request filed by a person accused of illegal medical practices of sex­ selective abortion and observed that pre­natal sex ­determination is a grave offense with serious consequences for the society as a whole.

In a country where people worship goddesses and women are believed to be the incarnation of the goddess, girls are thought to be mere liabilities for the family and treated differently from their counterparts, practices like above are still prevalent. The worsening of sex ratio in many parts mainly the rural parts of our country indicates the practice of “sex selection” and strengthens the above hypothesis.

What is sex selection?

Sex selection is the process of controlling reproduction and using scientific technologies to achieve the baby of the desired sex. It can be done with both pre-and post-implantation of an embryo and with the emergence of new technologies it could be done even at childbirth. One of the methods of sex selection is sex determination before childbirth. In the centuries-old Indian traditional patriarchal societies, the birth of a girl child is thought of as a burden on the family and is not a cause of celebration. Because of this, illegal practices like abortion of a baby after identifying the gender of the child or even female infanticide takes place even today in many parts of India.

Laws against sex selection in India

Sex selection is strictly prohibited in India under Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003, and is commonly called PC-PNDT Act. However, the first act against sex selection came in 1996 but was not very effective as it didn’t prohibit the technique of preconception sex selection, but in September 2001 with the PIL filed by Mahila Sarvangeen Utkarsh Mandal and Dr. Sabu George, the supreme court passed an order for strict implementation of the law and included it within the ambit of the act. According to a study In 2011, the UP alone killed 1.5 lack unborn girls a year but the conviction rate of criminals was very low, and between 2003 and 2014 there were only 206 doctors convicted[2]. The state of world population report[3] released in 2020 also reciprocated the above study and indicated that around 140 million women are missing throughout the world as a result of sex selection processes taking place in the medical market. Out of them, India compromises 45.8 million females. The above cases indicate that the act is still not capable of stopping the practice completely and other methods should also be opted to prevent these kinds of practices.

History of sex selection in India

Sex selection is not a new wrong that has emerged from nowhere, the census data shows that there were huge differences in sex ratio observed from the beginning of the 20th century. The emergence of brahmins resulted in the lowering of the value of girls and women in society[4]. They advocated many customs for example putting the fire on the funeral of fathers only by the sons etc which were not gender-neutral. Because of their thoughts and rituals, the preference of the son in the households spread and dominated the society. In the past because of the absence or lack of access to technologies like sperm sorting or in-vitro fertilization, females in these kinds of societies were killed just after birth, at the hands of their own families. This has only slightly improved with the census 2011 data but is still unfavorable to women. According to it, the sex ratio in India is 940 women for 1000 men, which is considered a relatively very poor score[5].

Causes and consequences

One of the main causes for the prevalence of sex selection is the low value of girls and thinking that girls are a burden on the families and will not able to carry forward the family name. The old thinking that the birth of a girl child would also attract paying dowry and would deeply affect the socio-economic position of the parents was also one of the reasons for “sex selection” and preference of sons.

Such traditions had consequences like signs of “marriage squeeze” which resulted in sexual violence, human trafficking, or abandoning of the girl child. In many of the cases, the girl child was deprived of future opportunities and was treated very badly by their family. These poor conditions although not visible in metropolitical cities can be easily encountered in small and rural districts where people are not educated enough to understand the importance of women and girl children.

Another consequence of this practice is “gender imbalance”. Because of sex selection mainly in economically poor families, men who reach adulthood are majoritarily of low socio-economic class and face the problem of lack of marriageability. This results in antisocial behavior, violence, and in some cases threatening societal stability and security[6].

Solutions

The usual solution for preventing this practice was outlawing “sex selection” and making it illegal. However, this solution is not the ideal one and could result in the establishment of certain underground and black markets for the practice of “sex selection”. In addition to this, as seen in many countries like South Korea and China, the ban is difficult to implement and has a low level of impact as a deterrence mechanism.

According to the present circumstances, it is better to provide education to people mainly from rural and poor strata of the society and educate them on the importance of gender equality. The women in society should be empowered and taught to raise their voices and fight the old thinking of some people.
The laws should be made more stringent and authorities should closely monitor and arrest organizations or people who are undertaking any illegal and underground practices of “sex selection”.

Besides, all the duties government should undertake to achieve a society with no sex selection practices, We as human beings also have a duty to prevent these immoral practices. Everyone should take responsibility and stand firmly against these social evils and fight them in order to achieve gender equality in the true sense. According to me, debates should be undertaken against “Sex selection” which would help to tell the proponents, who believe they should have a right to choose their children’s gender, that this could result in havoc in the future in the face of gender imbalance.

One of the most important solutions for preventing “sex selection” could be “gender sensitization[7]”. We should teach people that it is fine for a male to play with dolls, or crying because of any pain or for a female to play rough sports and wear whatever they want. Society should not make a taboo and judge a particular gender on their physical behavior. This will help in achieving gender neutrality in society and establish that there are no gender-specific roles and therefore no need for any specific gender for any specific job.

Conclusion

Even after 73 years of independence India is still lacking behind to achieve equity in the social sphere and is facing problems of gender discrimination. It is therefore imperative to ensure the better working of laws and spreading the teachings of gender sensitization to the grassroots levels.
Although immoral practices are still not curbed fully, slowly, and steadily we are moving to the future of no gender biases and no such processes. International organizations like UNFPA are also working on this and in 2017 have launched Global Programme to Prevent Son Preference and Gender-Biased Sex Selection and fight gender inequalities.

In the end, I would like to cite a report from the National Commission on Population[8] under the Ministry of Health and Family Welfare who said that our country’s population would be more feminine by 2036. This report was based on the efforts of the government to promote the value of girl child and awareness generated in the minds of people. With the correct mindset and support of people in our country, we can achieve this dream of gender sensitization and equality at a faster rate and get be free from practices of “sex selection”

[1] Rekha Sengar v. State of Madhya Pradesh, LL 2021 SC 51.
[2] www.kimshealth.org, https://www.kimshealth.org/trivandrum/blog/sex-determination-in-india-illegal-and-fatal/ (last visited March 2, 2021.)
[3] https://www.unfpa.org/sites/default/files/pub-pdf/UNFPA_PUB_2020_EN_State_of_World_Population.pdf
[4] Bandyopadhyay S, Singh A. History of son preference and sex selection in India and in the west. Bulletin of the Indian Institute of History of Medicine (Hyderabad). 2003 Jul-Dec;33(2):149-167
[5] https://censusindia.gov.in/2011-prov-results/data_files/india/Final_PPT_2011_chapter5.pdf
[6] Proceedings of the National Academy of Sciences Sep 2006, 103 (36) 13271-13275; DOI: 10.1073/pnas.0602203103
[7] Browne, Tamara. (2016). The problem with sex selection. O&G magazine. 18. 38.
[8] https://censusindia.gov.in/2011-prov-results/data_files/india/Final_PPT_2011_chapter8.pdf
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Author: Vaibhav Kesarwani

 Introduction

In India, prisons and their administration is a state subject protected by item 4 of the State List in the Constitution's Seventh Schedule. Prison management and administration fall solely within the jurisdiction of the governments of the state and are regulated by the Prisons Act, 1894 and the Prison Manuals of the respective governments of the state. “The history of prisons in India and elsewhere clearly reflects the changes in society’s reaction to crime from time to time.

The system of imprisonment represents a curious combination of different objectives of punishment. Thus, prison may serve to deter the offender or it may be used as a method of retribution or vengeance by making the life of the offender miserable and difficult.”

The federal government helps states strengthen prison security, rebuild and renovate old jails, improve medical services, establish borstal schools, provide facilities for women inmates, provide vocational training, modernize prison industries, train prison officers, and construct high-security enclosures.[i] “In its judgments on various aspects of prison administration, the Supreme Court of India has defined 3 general principles relating to imprisonment and custody. Firstly, an inmate does not become a non-person in jail. Secondly, under the limits of incarceration, a person in prison is entitled to all human rights.”

“It is important to remember that various punishments are to be dealt with by prison prisoners because universal punishment can hardly serve the interests of justice for any of them. As a result, inmates must be divided into various groups based on the severity of their crime and the duration of their sentence. A pre-condition for an optimal penal program is the proper classification of criminals for the purpose of treatment.

A. THE PROBLEM OF OVERCROWDING IN PRISONS

In most parts of India, jails are considered to be overcrowded. Overcrowding has the detrimental effect of eliminating segregation between convicts who have been convicted for serious and minor offenses.[ii] As a result, hardened offenders will be able to gain leverage over other inmates. Juvenile offenders detained in prisons due to a lack of alternative places to confine them come into contact with hardened criminals and are more likely to become professional offenders. “It is against this backdrop that the issue of prison overcrowding must be discussed in earnest. The All India Committee on Jail Reforms, chaired by Justice A.N. Mulla, listed different types of remission in its report (1980-83) and made valuable recommendations to streamline India's remission system. In its 78th Report (1979), India's Law Commission made several recommendations for reducing prison overcrowding. Liberalization of bail conditions, especially the release of certain categories of undertrials on bail, is one of these suggestions. Overcrowding may also be minimized by releasing an inmate on parole after completing a portion of his term. The system of remission, leaves and premature release may also be useful in tackling the problem of overcrowding in prison institutions. Another move toward reducing prison overcrowding is to keep Lok Adalats in prison to expedite the disposition of undertrials charged with minor offenses carrying a term of fewer than two years.”

B. THE PROBLEM OF PRISON DISCIPLINE

The topic of prison discipline has always piqued the interest of criminologists all over the world. The main purpose of prisonisation is undeniably negative in that it seeks to instill a disdain for criminal life among society's members, with the goal of deterring people from engaging in actions that might contribute to their imprisonment. The majority of prison staff is untrained and lacks advanced training in their profession.[iii] “While the rigors of prison life are greatly mitigated by the modern facilities available to prisoners, they are likely to become impatient if not kept under proper discipline. One might be imprisoned either for the purpose of custody, control, and discipline or from being prevented to escape or being sent to a correctional institution for treatment. Another concern that prison administrators often face is protecting against the threat of a prison riot, which is essentially the product of prisoners working together. This idea was entirely ruled out in the early days when inmates were held in separate cells and had no means of interacting with one another in the modern sense.”

C. THE PROBLEM OF CRIMINALITY IN PRISONS

Yet another problem relating to prison discipline concerns criminality among inmates inside the prison. The continuous long absence from normal society and detachment from members of the family deprives the inmates of their sex gratification which is one of the vital biological urges of human life. Since they are unable to control their sexual urges, inmates often turn to unnatural acts such as homosexuality and sodomy. To combat this danger, some advanced countries have allowed prisoners to have occasional conjugal visits in order to give them a legal way to fulfill their sexual desires and thereby eradicate crimes of this nature in prisons. “In terms of marital relationships between partners, the Indian prison system does not embrace the principle of conjugal visits since the system of furlough and parole serves a more useful function. Apart from that, such conjugal visits are not permissible due to moral and ethical considerations in light of Indian values and cultural norms.”

D. THE LACK OF LEGAL AID

“In India, legal assistance is only available to those who cannot afford to employ an attorney during the trial, not when the detainee is taken to the remand court. Since the vast majority of inmates, both in custody and in prison, have never been prosecuted, the lack of legal assistance before the point of trial significantly diminishes the importance of the country's legal representation system for the disadvantaged. Lawyers are unavailable at a time when many of them are most in need of support. The Mulla Committee also noticed that the majority of prison prisoners come from economically deprived families, which may be due to their failure to secure a bail bond.”

E. THE PROBLEM OF PRISONERS’ HEALTH

The well-being of inmates is another critical concern that requires the attention of prison officials. The word "state of health" refers to the new entrants' past and current suffering from illness, as well as the period and care they got. To resolve the issue of prisoners suffering from serious diseases, volunteers may be trained in prison nursing so that they can better support the suffering inmates and establish a system of self-help for disease prevention such as tuberculosis or AIDS.

“The High Court of Madhya Pradesh, in Anil Kumar v. State of M.P., enumerated the factors which account for an increase in the number of prisoners exposed to infection of tuberculosis in prisons. They are as follows:-
1. Delay in diagnosis, neglect of prisoner’s health problems, insufficient health services in prison and inadequate sputum smear microscopy facilities.
2. Failure of medical services to refer T.B. suspects for diagnosis or to initiate timely treatment.
3. Transfer of prisoners with infectious tuberculosis between and inside prisons.
4. Overcrowding and prolonged confinement inside cells.
5. Failure to segregate infectious cases from other prisoners.
6. Sub- standard treatment resulting in failure to cure patients and prolonged infectiousness.
7. Poor ventilation and poor nutrition may also lead to a cause of disease.”

CONCLUSION

Despite India's huge prison population, there is a complete lack of published research on the prevalence of health conditions in prisons. Constant oversight of prisons is important in order to detect inadequacies and weaknesses in the prison administration. Reforming the law and providing legal assistance to the poor is also important.

[i] Sharma P.D: Police and Criminal Justice Administration in India, (1985) p. 145.
[ii] Bhim Singh v. Union of India, 2014.
[iii] Taft Donald: Criminology (4th Ed.) pg. 419-20.
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 Introduction to surrogacy

The joy of becoming a mother figure is greater than all the pleasures of the world. Is the most expensive happiness which could be enjoyed by a woman after a patience of 9 months and suffering from Labour pain. But becoming a mother is not in everyone's destiny. So, for them, a new process was introduced which was named surrogacy.

                                        

Basically when we hire a female to carry a baby for a couple or intending parents who are for some reason are not able to do so on their own so that lady called surrogate will help these couples to give a baby and they became parents.

In other term, surrogacy is a method of production where intended parents work with a gestational surrogate who will carry and care for their baby until birth. Intended parents use surrogacy to start or grow their families when they can't do so on their own.

Mainly, surrogacy has been banned from India in 2015 the commercial surrogacy has been banned and altruistic surrogacy is valid in India. This is all happened because of the argument that intended parents who you surrogates are interested only in their reproductive ability, they see this practice as womb renting, especially when the woman carrying the pregnancy is in a financially disadvantageous position to the intended parents.

The main thing about surrogacy that it causes too many legal issues and many more such as, the rights of the children produced, the practical ramifications of the further commodification of women's bodies, exploitation of poor and low-income women desperate for money, etc.[i] 

Need for surrogacy

It is needed because everyone cannot become a parent so for this, there is a new technology founded by which women can become a mother by a surrogate mother because becoming a mother is needed for every woman after marriage and this needs to be fulfilled for them who can’t become parents because of some physical effect in the body of any in the partners. This artificial reproduction technique has given a new world for those who can’t have a child of their own.

Laws related to surrogacy:

The immense growth of surrogacy in India led to an impeccable growth of several commercial firms and firms claiming specialty in surrogacy law and guiding and assisting foreign tourist who came in search of having an Indian mother rent her womb for the blessing of a child which can be considered to be exploitive in nature as they are not only encouraging baby-selling but also diminish the dignity of women say productive capacities and the inherent value of the children by modifying them. The 228th report of the Law Commission of India has suggested prohibiting commercial surrogacy and asked to legalized altruistic surrogacy.[ii]

The surrogacy bill

The surrogacy bill, 2016 was introduced in Lok Sabha on 21st November 2016 There were many reports have been taken place, on the basis of those reports Lok Sabha passed the bill on 19th December 2018. The bill 2016 focus on the prohibition of commercial surrogacy and allow altruistic surrogacy. The bill will also safeguard the surrogate mother and her child from exploitation from this bill. According to the provisions the married couple who are eligible in taking custody of a child with the provision of the bill can take a baby or a child from a surrogate mother as eligible as per the provision of the bill. Here the surrogate mother will not get any monetary benefit over compensation for renting her womb for the couples during her pregnancy.

Some important provisions of the bill

Section 3 - which includes the compulsory registration, no medical practitioner shall perform commercial surrogacy, no one can perform this medication without qualification, no storage of human embryo or gamete is allowed for surrogacy purpose.
Section 4 - It talks about surrogacy procedures which include a certificate of infertility to the couple intending surrogacy by district medical board, an order of court passed by a magistrate of the first class or above, regarding custody and parentage of a child, insurance of surrogate mother and child.
Section 6 - which states that written consent of the surrogate mother is necessary.
Section 7 - that no child shall be abandoned child born by surrogacy shall be deemed to be a natural child.
Section 9 - which states that there should be no pressure in any way for the surrogate mother to abort the child.
Many of the other rights are given in this act which includes the production of surrogate mothers, punishment for initiation of commercial surrogacy. Penalty for contravention of provisions of Act or rules, a presumption in case of surrogacy.

Other provisions of surrogacy bill 2019

1. The bill should be applicable to all the states of India except Jammu and Kashmir for the regulation of the surrogacy process this bill provides the constitution of both national surrogacy and state surrogacy board.
2. The bill should be only applicable for surrogacy to Indian citizens. Foreigners, NRI is not allowed. This bill also provides many provisions for the custody of the child to be born which the bill contains the provision of penalty and imprisonment if the person violated the law.
3. There should be a proper compulsory for couples who intact for surrogacy should be aged between 23 to 50 years and married for at least 5 years.
4. There is a provision in the bill that states that a woman who surrogates once in her life should be aged between 25 to 35.[iii]

Commercial surrogacy ban: A good decision.

Surrogacy on a commercial scale makes absolutely no sense. It is repugnant on moral as well as religious grounds the mother and her child share a bond that is greater than anything else this is a sacred bond that cannot be sold in an international marketplace or within a domestic place. If this is allowed then there is a possibility that women who have low moral values or little in terms of the family institution, will run the wombs of Indian women for money. It will then become a source of easy money as many women from lower-income groups in India might want to opt for something like this.

Therefore, the statute framework should be put in place that women who sell their wombs for money are proscribed and punished. Even those who trained the wombs of people in India should be proscribed as well because foreigners, NRI, and the people who are out of India are not allowed for this and in India commercial surrogacy is properly banned. If these things will going to happen continuously then there will lead to civilization decay that will be disasters in the long run.

Commercial surrogacy also has its malpractices. Surrogates are often underpaid, blackmailed, or extorted and they commonly lack legal protection and adequate health insurance. Many women become surrogates without having properly verified their fitness to carry a healthy baby to a long term.

Surrogates mothers are subjected to ethical treatment, poor living conditions, and exploitation. For financial gain, their poverty and lack of education review them again and again into the surrogacy process. As a result, they are help decline as effectively became baby-making machines year after year. 

Surrogate mothers don't even receive the kind of support services that need for themselves and their family during this emotional journey. However, these are the reasons the Indian government attempted to take steps to ban commercial surrogacy.

After all, the bill has been passed which allows ethical altruistic surrogacy to the intending infertile Indian married couple between the age of 23 to 50 years and 26 to 55 years for female and male respectively. A woman should be allowed to act as a surrogate mother only once and should be a close relative of the intending couple and should be an ever-married woman having a child of her own and between the age of 25 to 35 years.
Now, the things which are happening in India due to lack of legislation to regulate surrogacy and the practices of surrogacy which has been misused by surrogacy clinic which leads to rampant commercial surrogacy and unethical practices will be properly stopped.[iv]

Legal conflicts and implications of surrogacy in India:

Surrogacy is introduced with the motive to provide parenthood feelings to infertile couples and for economic assistance to surrogate mother who has to fight every day for her subsistence living. But due to lack of proper surrogacy legislation, only the middleman is profit earners, and intended couples and surrogate mothers are getting exploited. There are several moral and legal issues related to commercial surrogacy.

As per the latest surrogacy bill of 2019 commercial surrogacy has been banned and altruistic surrogacy has been permitted. The main reason to ban commercial surrogacy is to prevent exploitation of women, selling and purchasing of babies, illegal trading of human embryos.

The parents have to wait for 5 years and had to get a medical certificate from a doctor and have to complete certain legal formalities which is itself a very complex and time-consuming task that can take too much time. Or as we can say that it is a very sarcastic or weird issue that live-in couples are not allowed to go for surrogacy, therefore in this way we can say that it is discriminating for live-in couples who are not married. As for having a child, marriages are compulsory criteria.

This is very hard for live-in couples that they cannot enjoy parenthood feeling without getting married. As we see practically it is very difficult to find out such a woman who is close relative and ready to give a baby to intended couples free of cost. Many of the circumstances take place by the society that what the society will think about her because nowadays societal and a family impression is a big issue as a society never accept this kind of behavior and if they know about the fact that they are planning for surrogacy the society will start blaming both the surrogate mother and intended couples.

There is also a big issue that arose that attachment of mother with her child because it is very difficult for a mother to keep her child away from her because there is an emotional attachment built between the child and the mother.

At last, there are no laws made that accurately deal with surrogacy contracts. Surrogacy Merely degrades the dignity of women in the eyes of society as ultimately it is a woman carrying a pregnancy for the enjoyment of another couple who are infertile to procreate a child there is too much possibility that child could have emotional problems after knowing that he or she is not the biological child of commissioning mother.

Conclusion:

In India, people are practicing surrogacy when several children are orphans. Childless couples who want to adopt these children are subjected to a complex procedure. A common dictation law for all the cities across religion or Indian living in other countries is not present. Simple adoption procedures will reduce the rates of surrogacy. The rights of women and children should be protected through the framing of laws that will cover all the present loopholes.


At last, the surrogacy rate is higher in India. There is no proper legislation on surrogacy, the process had been misused a lot. Even the new amendment bill of 2019 has been passed by Lok Sabha in support of only altruistic surrogacies but still there are many malpractices are done under commercial surrogacies there are a lot of loopholes that needed to be removed. In the future maybe, commercial surrogacy should not be completely banned it should be legalized with certain limitations imposed for the benefit of both commissioning parents and surrogate mothers.


[i] https://www.jagranjosh.com/general-knowledge/surrogacy-in-india-1597665040-1
[ii] https://www.barandbench.com/columns/surrogacy-laws-in-india-past-experiences-and-emerging-facets
[iii] http://www.legalservicesindia.com/article/1817/Surrogacy-Its-Legal-Implications.html
[iv] https://southernsurrogacy.com/surrogacy-information/the-challenges-and-rewards-of-surrogacy-for-everyone-involved/
Author: Satyam Soni, University of Petroleum and Energy Studies.





 Introduction

On the 20th of July 1969, for the first time in the history of space technology, Apollo 11 successfully landed on the lunar surface. After such a successful landing, many countries and organizations have used the same technology. For instance, this technology was used by the Luna 9 spacecraft[1] which was launched and successfully landed on many extra-terrestrial surfaces by the Soviet Union.

This tactic of reusing the same technology for different missions is not a new one. For instance, in India, Chandrayan 2 tried to follow the footsteps of Apollo 11 and recreate the moon landing, but it lost its connection and as a result, failed in its soft-landing attempt. Later, Chandrayan 3 was planned as the third lunar exploration mission by the Indian Space Research Organisation (“ISRO”). It is scheduled to be launched in early 2021.[2] The technology in Chandrayan 3[3] is not new, but the same as that of its previous mission. However, there are changes and improvements needed for there to be an increase in the chances of its success this time. Regarding the space laws and their legislation and the intellectual property rights in the dimensions of space, it would be interesting to see and observe that they both are contradictory in their fundamental nature.

While the idea of patents is not predominant in the space sector, compared to other manufacturers such as transportation, electronics, fast-moving consumer goods, chemical industry, pharmaceutical industry, etc.- in recent years, space patents have become increasingly crucial and into the center stage. According to the OECD[4], space patents at the global platform have almost quadrupled between the phase of 1991 and 2011. In the race for international influence, which helps a country to gain recognition and power in the field of Intellectual property and innovation in space, Canada is ahead of all the other countries comparing to its size, geographically, which is a signal of the potential that can be used to the technological advantage of the space sector in Canada. However, while space patents have shown immense potential, patenting space technologies presents some complications that are not so often encountered in more terrestrial areas of technology.

It is an extremely difficult task to measure or quantify innovation. There is no fixed or official indicator or test for innovation measurement. However, in the field of space patents, the annual production of patents is the principal and basic indicator for the quantification of innovation. This has led to the high need for protecting space inventions and work towards harmonizing space law with IP rights. The establishment of IP rights for space inventions, as it is a strong tool for the inventors to protect their inventions, will accelerate the formation of rights, breaking the boundaries of the conventional territory. Such protection will help the owner to claim the right over their inventions whenever the inventions are been exploited in space.

One of the most recent Patents, is by India in September 2019, when Chandrayan – 2 the lunar project tragically failed. Resurging in May 2020, the Indian Space Research Organisation intrigued the world community, when it announced a highly advanced patent[5] for protecting the unique and exclusive method and technique of manufacturing a simulant of highland lunar soil.

Such soil is made in bulk from indistinguishable samples of rock from ‘Sittampundi Anorthosite Complex’, which is 67km from Salem in Tamil Nadu. A crucial facet of the method-patent attained by ISRO explained that the soil had the following qualities:
Cost-effective
Reproducible
Highly scalable 

Such a lunar soil is similar to regolith (loose unconsolidated rock and dust that sits on top of bedrock) from the lunar highland region. It can be efficiently utilized for the command of the mobility of a rover for scientific exploration and discovery & in the study of the geotechnical and mechanical properties of the lunar soil. The innovation and invention ensure that it is a highly effective training stimulus for future missions on the surface of the moon.

Maria or Mare, which are flat areas in most cases, are the dark areas on the lunar surface. The high-altitude areas are mountainous and craterous. These areas comprise 83% of the lunar surface. The patent claim of the ISRO claims that while simulants produced and created by most of the countries represent this Lunar Mare region, the soil produced by ISRO can incorporate the fragmental regolith on the lunar surface. 

It is experienced and has been proved that the terrain of the lunar surface is highly illusionist and treacherous. This is the reason why several highly ambitious missions[6] across the globe have failed in the past like Columbia broke down re-entering earth, which estimates to around $16.2 billion[7] in today’s day and age. The tragic failure of Chandrayan – 2 is one such example. Replicating lunar soil in a controlled environment would provide a greater chance of success in future missions. The devices which are made especially for automated space and extra-terrestrial exploration would be conditioned to survive in this kind of terrain of the lunar surface. To understand civil engineering, as a subject to work, research, and learn from, the structures on the lunar surfaces for the reason of which a broad design philosophy will be postulated, for which a detailed research work will be performed. With the help of such mass-produced lunar-soil, for performing scientific extra-terrestrial explorations and discoveries, the operationality and the maneuverability would be improved.

In this newly explored area of regolith, the deepening of knowledge will help in the further study of the geotechnical and mechanical properties of lunar soil. ISRO has been extensively filing patents since 1973, till now ISRO database shows the number of around 270 patents, 45 copyrights, and 10 trademarks in the IP portfolio of the Indian Space agency. The creation of space laws and the space patents under IP rights are fundamentally clashing, which has led to many issues in the enforcement, questioning whether the territorial jurisdiction under intellectual property law permits the extension of each national (or regional) law to the objects which the respective country has registered and launched into outer space. Patent rights have the objective of preventing the use of the technology by any of the innovators or consumers. The space laws and the fundamental principles, “province of all mankind’, ‘common heritage of mankind’ and benefit of all countries promote the concept of shared benefit. The lunar soil patent of India’s ISRO will help India promising prospects for future missions to ensure a soft landing on the highland region.

NASA’s declassified patent of the creation of an artificial Sun

NASA has been describing the idea of creating an artificial Sun since the 1960s, locked the idea of an artificial sun between 1961- 66, where the patent of the system of artificial lighting was approved. Their plan is to, illuminate and try to replace Sun with the help of the artificial sun, maybe not for the entire globe, but at least for most of the area. They wanted to create a system where there is a facility to vary the intensity of the illumination in a wide range. But for using it for the simulation of sunlight and moonlight, there are no changes in the spectral distribution of the illumination. They have successfully brought this into reality. There are artificial suns of hexagonal shape at the time of sunrise and set. The sun drives the big reflector made by NASA into the sky from behind which allows the reflection of sunlight through itself, the artificial reflector would have to be adjusted in a way that simulates not only the sunlight but also the natural light of the earth and the moon. Most people are completely unaware of the sixty decades-old patent, but this same technology is now to be used as Nibiru, which means crossing or a point of transition. Their objective is mysterious till now and highly speculative.

The patents in space are an emerging and highly competitive market in their scope and potential. Experiments, ideas, innovations, and inventions carried out in the field of patents and intellectual property rights in space are encouraging and boosting the urge and need for patent protection. Every innovation comes with its price in this business and creativity-driven world. Patent protection in the field of space technologies and the space sector is extremely important when it comes to its extensive usage and role. The patent protection in hand is an asset for an individual, organization, or country. With the multiplication in the patent protection of the space technology innovations, the income and monopoly come in which creates a space for the innovator to gain some profits, name, and explosibility. The patent in space is an important and crucial tool that protects the innovators’ innovativeness. The innovation can be misused by using the same innovation, which is born out of the mind of an individual and his/her intellect, and unethically using it for monetary and other benefits such are the recognition out of such inventions.
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Author: Saptak Pandya, The Maharaja Sayajirao University of Baroda














[1] BBC ON THIS DAY | 3 | 1966: Soviets land probe on Moon


[2] Chandrayaan-3 to be launched in first half of 2021: Govt | Technology News,The Indian Express


[3] Chandrayaan-3: India plans third Moon mission - BBC News


[4] The Space Economy at a Glance 2014 | en | OECD


[5] Made in India ‘moon soil’: ISRO gets patent | Hindustan Times


[6] The Most Expensive Failed Space Missions Of All Time (businessinsider.com)


[7] The Most Expensive Failed Space Missions Of All Time (businessinsider.com)

 INTRODUCTION

Education is the act of teaching or training. It is the act or process of acquiring general knowledge, developing the powers of reasoning and judgment, and generally preparing one for mature life. However, most people start getting educated at a very tender age. 
Moreover, every country has children's rights. Children's rights include the right to health, education, family life, play, and a good standard of living and to be protected from abuse or harm. Children's rights cover their developmental and age. Every child deserves a family which will watch over him or her and takes good care of.

DEFINITION AND IMPORTANCE OF EDUCATION

Education is the process of facilitating learning, or the acquisition of knowledge, skills, values, morals, beliefs, and habits. Educational methods include teaching, training, storytelling, discussion, and directed research. Proper and good education is important for everyone as it facilitates good learning all through life among people of any age group, caste, creed, religion, and region. It is the process of achieving knowledge, values, skills, beliefs, and moral habits.

Education is very important for every one of us to improve knowledge, way of living and status. Education plays a very important part in our lives, in order to leave peacefully, everyone should be educated. Most people who commit crimes are people who are not educated who do not have anything to do and end up committing different kinds of crimes. Hence people should be educated at an early age in-order not to go wrong. Most people who know the laws, who are educated do not commit crimes as they have better things or jobs to do. Education changes people's minds, personalities, and confidence. Education also plays a great role in our career growth as well as personal growth. The way an educated person thinks or acts is different than that of a person who is not educated.
Furthermore, an educated person knows what is right and what is bad, however, it is rare to find an educated person on the wrong side of the law. An educated person becomes a good citizen in society.

BENEFITS OF EDUCATION ARE SOCIETAL AND PERSONAL

Societies with higher rates of degree completion and levels of education tend to be healthier, have higher rates of economic stability, lower crime, and greater equality.

● Poverty Reduction: Lack of access to education is considered the root of poverty. Not getting an education can lead to poverty. However, access to education can mean getting out of that cycle of poverty. 
● Pursuing Your Passion: When you feel passionate about something, you work hard to achieve that. Education gives you the space to do so. You may find new passions or new areas of interest within your field of study. 
● Healthier Lifestyle: People with better education tend to live longer and have healthier lifestyles. Degree holders are also less likely to do bad things that may affect others in society.
●Connecting Across Borders: The new world of digital education is helping those who get an education to connect across the globe with people from other cultures. Students can work together across borders, increasing the cultural awareness and worldliness of the individuals. Nowadays people want to go and work in different countries and that can only happen when one is educated. 
● Sense of Accomplishment: Finishing any degree — whether it is a high school degree or higher education — is an accomplishment. Graduating gives students a huge sense of accomplishment and gives them the confidence needed to go out into the world and make something of themselves.
● Better CommunicationStudents are required to turn in written assignments, work in groups, participate in discussions, or present in front of others. This leads to excellent written communication, speaking skills, and group communication.
●Economic Growth: When an entire society is educated, productivity increases, average income increases, and unemployment decrease. This leads to the economic growth and stability of society as a whole. It all starts with education.
● Societal Benefits: A society that is well educated feels a higher sense of unity and trust within the community. Educated societies lift up the weak and bring a feeling of togetherness among all parts.
● Reduces Crime: Education teaches people the difference between right and wrong and also exposes children and young adults to the experiences of others. Understanding right and wrong and having empathy reduces the tendency to commit crimes. 
•Reduces Child Marriage: Girls with secondary or higher education are three times less likely to marry before the age of 18. Putting education first in society allows girls to be seen as people who can get an education and make their own decisions, rather than just a future wife and mother.
● Reduces Gender-Based Violence: In communities with high rates of education for both genders, gender-based violence is lower. Educated persons are more likely to support gender equality, and are more likely to take efforts to stop and prevent gender-based or domestic violence. Communities that value education for both genders are less likely to have instances of terrorist attacks on girls' schools.
●Social Experiences: College isn’t all studying. The friends that one makes during college will be the friends you have for life. They can also act as a social net, lifting you up when you are down and encouraging you to do your best in your studies, your profession, and in your life. Learning to live with others and work well with others improves social skills as well.
●Promotes Equality and Empowerment: Education provides everyone with a sense of empowerment, the idea that they have the choice to change their own lives and choose their path. Women with education have better decision-making capabilities and are more likely to take charge of their own lives.

EDUCATION AND FAMILY

Most children have parents or families who take care of them, watch over them and keep them safe. Every child has a right to education and has a family and good standardS of living. Families should be the ones who make sure that their children have access to a good education. Getting proper education is a birthright for everyone. Every parent tells their kids from childhood about the importance of education in life and all the disadvantages of being uneducated to make their mind towards better study in the future. The only problem can be chidden who don't have families, parents, or anyone to take care of them. However, there are NGOs who take care of children who don't have families and provide them with education. Also, there are children's homes that take care of children without families. Some families are poor and they can't afford to pay for their children's education but however, there are NGOs that take care of children who don't have families and provide them with education. Also, there are children's homes that take care of children without families. Some families are poor and they can't afford to pay for their children's education but however, there are countries that offer free education up to a certain standard. Education is important because other children who do well in their studies are awarded scholarships to study for free and also in other countries. For example, in Zimbabwe, most children who don’t have families end up being street kids and child marriages, or child Labour are promoted by that leading to a cycle of children who are not educated. If a parent is not educated then the children are likely to be uneducated too.

CHILDREN'S RIGHTS IN INDIA

1. THE RIGHT TO AN IDENTITY (ARTICLES 7 AND 8)Children are entitled to a name, legally registered with the government, and a nationality (to belong to a country).
2. THE RIGHT TO HEALTH (ARTICLES 23 AND 24)Medical care, nutrition, protection from harmful habits, and safe working environments are covered under the right to health
3. THE RIGHT TO EDUCATION, (ARTICLE 28)Right to free primary education is important for helping children develop discipline, life skills while finding a safe and healthy environment to nurture a child’s physiological development. This includes freedom from violence, abuse, or neglect.
4. THE RIGHT TO A FAMILY LIFE, If not family members, then children have the right to be looked after by caretakers. Children must live with their parents until they must be able to take care of themselves. Children are regarded as anyone less than 18 years old. Children who do not have access to family life, have a right to special care and must be looked after properly, by people who respect their ethnic group, religion, culture, and language. Refugee children have a right to special protection and help.
5. THE RIGHT TO BE PROTECTED FROM VIOLENCE (ARTICLE 19 AND 34) Protection from violence extends even to family members, and children must not suffer ill-treatment or sexual or physical violence. This includes the use of violence as a means of discipline. All forms of sexual exploitation and abuse are unacceptable.
6 THE RIGHT TO AN OPINION (ARTICLE 12 AND 13)All children deserve the right to voice their opinions, free of criticism or contempt.
7. THE RIGHT TO BE PROTECTED FROM ARMED CONFLICT (ARTICLES 38 AND 39)Armed conflict converts innocent children into refugees, prisoner, or participants in armed conflicts, and these are all circumstances which contravene with the spirit of War or any armed struggle can severely damage a child’s morale as well as perceptions of ethics, and this must be corrected in a nurturing safe environment. While seeking to rehabilitate children affected by war, the government must also ensure that children are not forced to participate in any armed struggle.
8. THE RIGHT TO BE PROTECTED FROM EXPLOITATION As exploitation is usually achieved through violent means, protection from violence is critical for freeing children from exploitation. This extends to abuse, negligence, and violence by parents, even if it is justified as an instrument of achieving discipline at home. Further, children cannot be made to work in difficult or dangerous conditions. Children can only volunteer to work doing safe chores that do not affect their health, or access to education or play 

CONCLUSION

Anyone who is under the age of 18 is a minor and therefore should be well taken care of by any family member or caretaker. It should also be known that children have rights and these rights differ from country to country. Above all children have the right to bring to a certain family and a right to education.  
Author: Thandeka Mzungwana, Parul University, Vadodara, Gujarat


 INTRODUCTION

Since time immemorial, the harmony between market dynamics and consumer interests has always been a thin rope to tread on for governments across jurisdictions. Markets have been inclined toward profit margins with scant interests to consumers. With the new avenues of conducting business opening up such as e-commerce platforms, the gap is only widening.

To protect the interests of consumers, governments across the world have stepped in and have enacted legislation. India has been no exception to the challenges and has ensured fair competition in the market through the Competition Act, 2002. However, what touches the individuals in their daily needs as a consumer is Consumer Protection Act. With market dynamics changing every single day, and with e-commerce platforms becoming a new trend, it was imperative to completely revamp the consumer protection law keeping in mind the challenges and providing effective recourse against the same. It was with this intention that the Consumer Protection Rules, 2019 came into effect.

CONSUMER PROTECTION (E-COMMERCE) RULES, 2020

In recent times, the Indian e-commerce industry had been in a phase of upward growth for quite a period of time and thus was further accelerated by the nationwide lockdowns resultant of the unprecedented Corona Virus pandemic. Due to the pandemic and nationwide lockdown Online shopping was no a longer a luxury, but a necessity especially in the urban and suburban areas. As a result, the India Brand Equity foundation also predicted that India is destined to become the second-largest E-commerce market in the world by 2034. But with such rapid growth of the e-commerce market and industry, there have been equally growing concerns around the sale of false and spurious goods through e-commerce sites. So, to protect the consumers from unfair trade practices and to address their concerns, the Ministry of Consumer Affairs, Food, and Public Distribution on July 23, 2020, notified the Consumer Protection (E-Commerce) Rules, 2020. 

The E-commerce Rules have primarily been formulated with the objective to regulate the E-commerce sector in India and protect consumers from unfair trade practices on such platforms. The Consumer Protection (Ecommerce) Rules 2020 attempts combine the teeth of the Consumer Protection Act 2019, Indian exchange control laws (IEC Regulations), and the Information Technology Act 2000, to ensure fair play in technology and data-driven e-commerce environment. If we look at the statistics it is projected that nearly 220 million Indian citizens are going to buy products online, which means approximately 55% of the total Indian mobile users will shop online. By looking at this number, we can assume that new rules and act is going to be very useful to Indian users. Earlier the Information Technology Act, 2000 and Intermediate Liability Guidelines, 2011 provided for regulatory guidelines for the intermediaries i.e. the online sites, but this was not enough. Moreover, what adds to this is that since the consumer cannot see the product physically, identifying a genuine product online becomes difficult. Thus, there was an urgent need to define the duties and liabilities of e-commerce entities and to strengthen the laws so that to put a responsibility on the intermediaries to restrict the abuse of their infrastructures for illicit trade. It is with this intention that the e-commerce rules have been introduced by the government.

APPLICABILITY AND SCOPE 

The intention and motive of the Parliament to specifically deal with online transactions and e-commerce entities was visible from the enlargement of the definition of consumer under Section 2(7) of the Act by including both online and offline transactions within the scope of ‘buying goods’ and ‘hiring services’. Further, the Act now categorically defines relevant e-commerce, electronic service provider, and misleading advertisement while also specifically addressing the commonly faced issues such as refusing to refund the amount or refusing to take back defective goods. The Rules are applicable to all goods and services bought or sold over the electronic or digital network that includes all the digital products, all models of e-commerce (including marketplace and inventory models of e-commerce), all e-commerce retail (including multi-channel single-brand retailers and single-brand retailers in single or multiple formats) and all forms of unfair trade practices across all models of E-commerce.

The Rules are pretty exhaustive in their nature and declares their application to:
(i) All goods and services bought or sold over the digital or electronic network including digital products.
(ii) All forms of unfair trade practices across all models of e-commerce.
(iii) All e-commerce retail, including multi-channel single-brand retailers and single-brand retailers in single or multiple formats.
(iv) All models of e-commerce, including marketplace and inventory models of e-commerce.

Therefore, now it is abundantly clear that this legislation has brought all possible forms of e-commerce entities and retail models i.e., B2B, B2C, and B2B2C incorporated inside and outside India. Thus, all the types of e-commerce entities whether operating on the inventory model or the marketplace model including e-commerce platforms that are engaged in providing services or renting/leasing goods will fall within the meaning of “e-commerce entity” as defined under the E-Commerce Rules and consequently will be subject to the legal regime prescribed under the Consumer Protection Act and the E-Commerce Rules.

CONCLUSION

Though the E-commerce Rules legislation can be said to have said some loopholes in it, overall, it can be said that the legislature has walked an extra mile and tried to cover every aspect and done a tremendous job. It can be said that the government has finally started taking consumers and online frauds seriously. The enforcement of the rules will certainly help the consumers to make more informed purchases. Thus, in a nutshell, it can be hereby concluded that the latest incarnation of the e-commerce rules can be said to be robust under the Consumer Protection Act, 2019 and at par with international standards. The rules and regulations that were brought under Consumer Protection Act, 2019 which at last replaced the three-decade-old Consumer Protection Act, 1986, was the need of the modern Indian consumer. But in the end, how effectively these rules are enforced with the passage of time will dictate the terms and future of the market place and this is a thing to be carefully observed.

REFERENCES

https://www.barandbench.com/columns/consumer-protection-e-commerce-rules-2020-reining-in-of-an-unruly-horse
https://inc42.com/resources/ecommerce-rules-2020-the-road-ahead-for-etailers/
www.icsi.edu
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Author: Vibhor Jain of Government Law College, Mumbai 








 Introduction

A very prominent jurist William Blackstone said: “Better that ten guilty persons escape than that one innocent suffer.” The term ‘Wrongful Conviction’ refers to the state of being proved guilty. It is a judgment of guilt in a court of law. An individual can be wrongfully convicted due to a lot of reasons such as false confessions, eyewitness misidentification, improper forensics, etc. The only way by which these victims are released is via DNA exonerations. In the last few years, the rate of wrongful conviction has increased gradually.
                                                 
As per the studies it is stated that after an individual who was wrongfully convicted is released that individual suffers a great deal. He is a victim who faces a psychological, financial, emotional, social crisis. It also greatly affects his lifestyle as he has uncountable sleepless nights, haunting nightmares, anxiety, mistrust, etc. Most of the victims of wrongful confinement suffer from Post-Traumatic Stress Disorder (PTSD).

I personally feel that after an individual is wrongfully convicted that individual loses faith in the system of justice and is more prone to perform crimes. The convict is psychologically ill until proper care is taken off. But even after the convicted is released his life can never go back to normal as he will be haunted by the dreadful terrors of prison which he had to face without any fault on his part.
Reasons for Wrongful Conviction

False Confessions

Many big politicians, businessmen, etc. pay out a huge amount of cheques to the witnesses for making a false statement and hide the truth. Such false confessions result in the wrongful conviction of an individual whose entire life is brought to ashes.

Eyewitness Misidentification

Sometimes the eyewitnesses present at the spot of crime misidentify the criminal as someone else and the wrong individual is convicted. The eyewitnesses can not always be trusted as human memory can take leaps and at the same time functions wrongfully as well.

Improper Forensics

The forensics report can be tampered with or even sometimes the reports are not accurate enough which leads to wrongful confinement of the non-crime committer. The forensics reports are of utmost importance and if they have tampered then the future of the accused is doomed.

Remedy

The only remedy available to the victims of wrongful conviction is that the judiciary grants monetary compensation or damages to the victims under Article 32 of the Constitution of India, 1949 and Article 226 of the Constitution of India, 1949. This is the reason these two articles are considered as the heart of our Indian Constitution without which thousands of individuals would suffer as their fundamental rights would have encroached.

Case Laws

Rudul Shah vs. State of Bihar, 1983

In this case, the petitioner, Rudul Shah was illegally imprisoned for 14 years. A writ of habeas corpus was filed demanding his immediate release. The Supreme Court held that if by the wrongful act of the state any right of an individual is violated, then that individual will receive compensation and be granted a compensation of Rs. 30,000/-.

Ram Lakhan vs. the State of UP

In this case, the petitioner, Ram Lakhan was illegally imprisoned for 11 days and fought a legal battle for 10 years. A writ was filed for compensation. The Supreme Court ordered a compensation amount of Rs.15 lakhs to the petitioner who fought a prolonged legal battle for ten years and also spent 11 days in jail.

S. Nambi Narayanan vs. State of Kerala

In this case, an ISRO scientist was wrongfully accused of espionage. After a long legal battle of 24 years, the Supreme Court awarded Rs. 50 lakh as compensation to him. The fact that restitution was granted 24 years post the wrongful conviction significantly reminds the need to ‘rectify wrongdoings promptly’.

Conclusion

Hence, a proper and more systematic system of justice shall be created so that no innocent individual shall suffer wrongfully. Moreover, a proper compensation policy for victims of wrongful confinement shall also be formulated. There is a need for a uniform compensation legislative framework. Wrongful conviction not only affects the victim but also his family, and even after the convict’s release no amount of compensation can bring him the time, reputation, respect, etc. he has lost to his family and friends. Thus, before convicting an individual all the aspects shall be rechecked so that no individual’s future and life are doomed.

References

https://innocenceproject.org/causes-wrongful-conviction./
https://www.lawctopus.com/academike/the-lost-right-to-compensation-of-wrongfully-convicted-victims-a-critique/#:~:text=Over%20the%20last%20few%20years,%2C78%2C600
https://eji.org/issues/wrongful-convictions/
Image Source
Author: Sneha Mahawar, a law student at Ramaiah Institute of Legal Studies.


Introduction to censorship

Supervising and prohibiting the information ideas that are circulated among the people within a society. It refers to the examination of books, play, films, television live-streaming apps at other communication media for the purpose to cut or remove some parts which are thought to be objectionable or offensives. 
                                          
This censorship is mainly done by a governmental authority, local national, by a religious body, or occasionally by a powerful private group.
If this has to understand in the broadest sense, it refers to suppression of information, ideas, or artistic expression by anyone, whether government officials, private pressure groups or speakers, writers, and the artists themselves. In the more legalistic sense, censorship means only the prevention by official government action of the circulation of messages already produced. Thus writers who censor themselves before putting words on paper, for fear of failing to sell their work, are not engaging in censorship in this narrower sense, nor are those who boycott sponsor or dislike television shows.[i]

Yet all of these restraints have the effect of limiting the diversity that would otherwise be available in the marketplace of ideas and so may be considered censorship in its broadest sense. Not all censorship is equal, nor does all arise from government or external force. People self censor all the time such restraint can be part of the price of rational dialogue.

What are OTT platforms?

Over-the-top platforms, or audio and video hosting and streaming services started out as content hosting platforms but soon branched out into the production and release of short movies, feature films, documentaries, and web series themselves.

These platforms offer a range of content and use artificial intelligence to suggest to you the content they are likely to view based on their past on the platform most totally paid platforms generally offer some content for free and charge a monthly subscription fee for premium content which is generally unavailable elsewhere. The premium content is usually produced and marketed by 30 platforms themselves, in Association with stylish production houses with historically have made feature films.
As in India, there are no laws or rules regulating OTT platforms as it is a relatively new medium of entertainment.

Concept of censorship

There are different types of freedom or forms of liberation that everyone needs to be able to feel comfortable and accommodate in our society. Intellectual freedom is the right of each individual to access information that is both receiving and pursuit exclusive of any restriction or containment. Free expression of ideas at all angles can be termed as intellectual Liberty first of censorship is the control of informatory materials that are seen to be of great threat dangerous or might bring fierce public debate to our society, a nation, or even international.

In consequence, the main aim generally for his art in our society is to restrain and concealed beneath the disguise of defending the main fundamental public amenities that is the state, family, and the interest of society.

Laws related to censorship

In India, the film certification was set up under the cinematographic act, 1952 far stop the act long with rules 1983 and guidelines 1991, set out the manner in which films are to be certified for exhibition in India by the censor board And this act states that “a film shall not be certified for public exhibition if in the opinion of the authority competent to grant the certificate the film or any part of it is against the interest of society”.

Censorship is practiced by institutions such as CBFC in the central Bureau of film certification established under the cinematograph act 1952. The CBFC is a film regulatory body that not only adheres to primitive standards of censorship but it's also rigid about these standards.

Censorship is exercised through registration search section 95 of CCP which has the power to declare certain publications forfeited and to issue search warrants for the same.

In India, most of the laws can be easily manipulated and fit into convenient narratives. It is important to be aware of the legislation concerning censorship and to know that if the social media platforms are OTT platforms are censored.[ii]

What happens now to the OTT platform and how should OTT platforms be regulated?

The government has been decided to bring films and audiovisual programs made by these online content providers and their first challenge before the audit platforms would be keeping a check on their content. And the central government has brought the various platforms under the I&B ministry and this ministry also means that these platforms would also have to apply for certification and permission of anything which they want to present to the live streaming platforms. This in itself would give rise to many conflicts as most OTT platforms have content that could otherwise be censored by the certification boards in India.

There is a various point of views which was made by the movie directors, creators that creating regulation for OTT platforms such as Netflix, Disney hot star, Amazon Prime Video, And others to level the playing field between movies released in theatres and those released on streaming platforms. It is stated that the movies that directly released on OTT platforms do not have certification by CBFC and get an advantage over those that release in theatres. on the other hand, someone argued that there would be no regulation and if there will be a regulation then there should be self-regulation which should be limited to the certification the choice to view content, whether in the theatres should be left to the viewers. One time when it is going to certified then whether the content has violence, nudities, strong language, or any other predetermined feature it should be up to the people that they want to watch it or not and for the children occupied forms also provide the parental control. Anyone what they want to see or not all these things depend on them. This was the main aim that was argued by the directors.

Is censorship of OTT platforms is good or bad:

There are various bans that are made on the OTT platforms which were disliked by the public or which are against their society. The content which is provided on such a platform though in violation of various laws of the nation is still under Supreme Court's observation. Whether the platform shall be under a self-regulatory body or there shall be proper legislation that provides for a statutory body to control and censor the content streaming on such platforms is an important question. Censorship is mainly supported by the people who are adults of the age of 40s. The main argument here is that censorship is that content on the OTT platforms is subscription on-demand, where viewers have a choice to pay and select what to watch. Apart from this the piracy of movies another factor why filmmakers take the route of OTT there are a large number of artists who don't have enough money to portray their creative thoughts through cinema so here OTT comes as a great breakthrough for them. These platforms are the perfect platforms where a director can build a great story, and this is the reason why most of the viewers get attracted to the content provided by such platforms. On that platform, they are fearless of any event and they show various socio-political issues which cannot be seen in mainstream cinema. Even after censorship and cinema still, there has been a huge dispute with regards to various movies like Padma vat, PK, etc. So there exists no reason that after censorship of OTT platforms the content will not face any position. Also, the content available on subscription forms are affordable, belongs to the native language, deal with regional content, provides free trial facilities to the user and most importantly is convenient. In the current pandemic-like situation there is a huge rise in the viewers of OTT platforms. Which creates a greater increase in the income level of the streaming apps.

The main reason for doing this censorship is the shows which are streaming on the OTT platform like sacred games, in this series, was criticized as it mentioned some speculative lines on Rajiv Gandhi and also mentioned the before scams and this series has also hurt the feelings of Hindus by promoting Hindu phobia. Other than Netflix coming to Amazon prime they also deleted the scenes of political drama Madam Secretary because it was said that this show hurt the sentiments of various people as it deals with Hindu nationalism, India occupied Kashmir, the violence of Muslims by majoritarian society, etc. There was a plea filed to deal with the regulations against alleged streaming of obscene and sexually explicit content. They were alleged that these media content streamers are broadcasting content that is unregulated that is not to be shown on this series they are legally restricted they are showing nudity and insulting the reputation of the people they hurt the feelings of the people and what they are doing they have to be punished because the content can also be viewed by children under 18 years of age which exposes them to sexual acts terrorist activities and vulgar content and which is not good for our country because it can lead to the terrorism rape and other criminal activities etc. With regard to explicit visual content which could trigger trauma content scenes that are often a part of action films or films surrounding mental health, there should be a content warning disclaimer. Again a content warning disclaimer is not censorship of content but a piece of information for the potential viewer about what they should expect from the film. Film censorship is a tricky field since it has no objective boundaries it is based on the viewer's sense of morality and morality, to a large extent is subjective. There were multiple questions have been raised regarding the autonomy of the CBFC to stop the motto of the CBFC'S to ensure the certification of films without restricting artistic liberties expression. The CBFC principal function is the certification of films and not the censorship of content.[iii]

There were many arguments that stated that censorship is wrong because for some people films seem to be unsafe but for others, it may seem progressive. So, it is unfair to dictate what to watch and what not to watch. These days, people are preferring OTT content over television content, because of the quality of content to stop but if it is censored the content stored to the same level as television content. This may discrete investment of the OTT platforms. Audit platforms created many employment opportunities, and lack of investment reverses the progress. There's so much explicit content present on the Internet censoring only, OTT platforms leaving the entire Internet seems unfair.

So these are the arguments and these are the things which are stated here which conclude that censorship is both right and wrong because for some it is good and for some it is bad. Censorship in India today is a complicated offer due to ever-changing ideals of acceptability. We are at a time when all of us need to be more tolerant and more understanding of voices and ideas that stand in opposition to ours. 

Conclusion

As we are looking at the scenarios which are going on nowadays there should be a need for an unbiased regulatory body. Internet content streaming cannot be controlled by a self-regulatory body and the body shall distinguish responsibility content on regulations total platforms and the government shall work together on this and end this issue once and for all. Nowadays public is looking for content that will bring out the truth of society deal with political issues and provide us regional varieties of content that don't hurt the sentiments of a single class of people.

[i] https://media.okstate.edu/faculty/jsenat/censorship/defining.htm
[ii] https://www.youthkiawaaz.com/2019/03/a-brief-analysis-of-censorship-in-todays-india/
[iii] http://www.legalserviceindia.com/legal/article-3418-censorship-of-ott-platforms-a-boon-or-bane.html
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Author: Satyam Soni, Student of University of Petroleum and Energy Studies.


 




About IJALR

It is an international, quarterly, peer-reviewed, online journal that provides an interactive platform for the publication of Short Articles, Long Articles, Book Reviews, Case Comments, Research Papers, Essays in the field of Law. It is a platform to promote legal research among law students across India.

About the Workshop

Law Firm Certified Workshop will be dealing with the aspects of POCSO Act. The Workshop will purely focus on the recent scenario. It will be better explained with the help of presentations. The discussion will revolve around the topic mentioned in the Workshop Brochure.

Workshop Instructor

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Last date of Registration

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INTRODUCTION

India has moved towards digitalization, which has brought technical strength. People explore via the internet and make their lives simple and relaxed. They explore the unfamiliar and intermingle virtually, anywhere, anytime in the world with every person. Digital space has opened doors to cybercriminals, and cybercrime is a universal outbreak, and time and again women are their goals. 
Cybercrime and victimisation of women are on the rise with the arrival of technology and it poses a major challenge to a person's safety as a whole. India is one of the very few countries to implement the IT Act 2000 to tackle cybercrime but this act still remains unbothered with regard to women. The said Act defined such offences as hacking, posting pornographic contents on the web interfering with information as punishable offences. But the significant threat to women's defence, in general, is not enclosed completely under this Act.

“Cybercrime is a term for any illegal activity that uses a computer as its primary means of commission. It is an offence that is committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as the Internet.”

TYPES OF COMPUTER GENERATED CRIME AGAINST WOMEN

In plain language, any criminal activity that uses a processor as the major means of commission of offence can be regarded as cyber-crime. It is prolonged to take account of acts such as illicit wrongdoing on the internet, an infringement of internet laws, an illegal activity committed by the means of the internet, workstation crime, and infringement of any network law, internet bribery, and disturbance of performance via a malicious programme. Cyber-crimes may be perpetrated against individuals, possessions and administration. Below is a discussion of the prevalent forms of cyber-crimes:-

· Stalking via E-mail: It is not the latest notion. It is very close to letter-based abuse. This involves blackmailing, maltreatment, coercion, and even cheating through emails. While E-harassment is parallel to note aggravation, creates concern quite often when posted from fake ids.[i]

· Cyber pornography: This is the main risky to the female population. This may include pornographic websites or pornographic periodicals that are created to download & distribute pornographic photographs, pictures, writings, etc., “using computers to publish and print the material” on the Internet. Nearly 50% of websites currently contain pornographic content on the Internet. This makes the character of a woman unsafe as cyber criminals use women's images to fix them with bare photographs or the photos and videos resemble that the woman only.[ii]

· Cyber Stalking: The secrecy that the internet provides support stalkers. He might “be on the other side of the earth, or a” friend “next door, or a relative” nearby! It includes tracking the movements of a person by means of the Internet by messaging comments (at times frightening) “on the victim's bulletin boards, accessing the victim's chat rooms, continuously” attacking “the victim with emails, etc.” The stalker, in general, seeks to inflict emotional harm and his messages serve no valid intent.[iii]

· Cyber Grooming: Cyber Grooming is when an entity develops an online relationship with a youthful individual and tricks or forces him or her to perform sexual acts.

IMPACT OF CYBERCRIME

The most affected victims in this era of technological advancement are females. Every domain of life now a day, begin & finish with digital involvement i.e. processor technical intervention. The useful in addition to obstructive parts also appear in the light of this. A universal phenomenon is a cybercrime. The growth of technology, cybercrime and female victimisation is on the rise and it poses a significant threat to the protection of an individual as a whole. With this rising cybercrime problem in cyberspace, the solitude and individual security of the user are in danger.[iv] Cyberspace was a gift to human civilization. The Internet has linked individuals around the world.

· A new arena for interacting has been formed by social networking websites.
· Regardless of every distinction, women in society are rejoicing to the fullest with this emancipation.
· It has made the life of Indian women simple, from online shopping to net banking, from e-ticketing to e-tax filling.[v]
· The Internet serves as a boon, but on the other hand, due to increasing cybercrime in the virtual world, it has made women's lives vulnerable.
· India is mainly an ancestral & conventional country, plus women who are victimised are held responsible and there is no exemption for online victims.

VIRUS HOAX

In general, a virus hoax occurs as an e-mail message that identifies a specific virus that does not actually exist. These words of warning are meant to build fright to computer users. The warning is e-mailed by the writer or writers and holds an appeal for the person who reads to forward it to others. The message then spreads like a chain letter, circulating across the Internet as it is received by individuals and then forwarded unknowingly. The "Good Times" virus hoax, for instance, was published in 1994 and since then has circled the world several times. Instead of performing it, it is often advisable to ignore or delete such hoax viruses.

“CYBER LAWS IN INDIA”

The punishments for these offences include fines, incarceration up to two years or both. In India, cybercrime against women is at a shocking phase, and it may cause a key risk to the safety of an entity as an intact. The phrase "cybercrime against women" in India involves sexual offences and online sexual harassment. India is known as one of the few countries that have implemented the Information Technology Act, 2000 to fight cybercrime. The industrial and monetary offences that are apparent from the preface of the IT Act are broadly described by this Act.

· Section 67 “deals with publishing or transmitting obscene materials in electronic form. This section in It Act, 2000 was later widened as per the Information Technology Amendment Act, 2008 in which child pornography and retention of records by intermediaries were all included. This section is of historical importance since the landmark judgment [vi]in what is considered to be the first-ever conviction under IT Act, 2000 in India. The strength of this section and the reliability of electronic evidence were proved by the prosecution and conviction was brought about in this case, involving sending an obscene message in the name of married women amounting to cyber stalking, email spoofing and the criminal activity stated in this section.

· Section 67A & Section 67B insert penal provisions in respect of offences of publishing or transmitting material containing sexually explicit act and child pornography in electronic form.
· Section 67C deals with obligations of an intermediary to preserve and retain such information as may be specified for such duration and in such manner and format as the central government may prescribe.[vii]

PROBLEM FACED BY WOMEN IN CYBER WORLD

· Owing to the allied dishonour and predisposition of parents/guardians not to involve the police in such matters, cyber abuse of women and children and related cyber crimes remain tremendously under-reported.

· Perpetrators know their sufferers well or they are associated with them. Women are typically unacquainted regarding privacy guidelines and security instructions for using social media sites. Women are less skillful in using technology.[viii]

· It is important to simplify the process of documenting such “cyber crimes against women and” protect the privacy of the women and children involved in order to ensure that such crimes do not go unreported. Cybercrime investigations aiming at women and children need to be streamlined and improved.

SUGGESTIVE MEASURES AND PLANNED SOLUTION OUTLINE

· The escalating figure of crimes touching women is major distress for every state, but cybercrimes makes it much more difficult as criminals have the capability to build false identities and then play a part in illegal works. To respond to this administration “should make stricter laws to apply on the Internet Service Providers (ISP), as they alone have the” whole documentation “of all the data being accessed by” anybody surfing on the net.

· For cyber cafes, legislation need to make stricter regulation which should keep a database of their customers who used their internet services, because many individuals go to cyber cafes to engage in unlawful action so that in any possible enquiry their own IP addresses are not exposed. This is another way in which individuality is concealed.

· “People need to be cautious over which parts of their daily lives are being recorded by cameras & should act modestly in such times. Awareness over a cyber background and its drawbacks also need to be improved amongst people.”

CONCLUSION

“The core cybercrime issue lies in the modus operandi and the cyber criminal's diligence. The police, judiciary and the investigating agencies need to keep abreast of the latest advances in web-based applications so that they can simply trace the actual doer. In India, cyber crimes against women are still taken lightly, mainly because the respect for women in our modern culture, in general, is declining, and a lot of people are also not able to come to grasp the fact that even sharing someone’s picture online is a crime. In our general traditions, cybercrimes such as morphing and e-mail spoofing do not have moral support and are therefore taken lightly.

They must learn not to intervene with the personal lives of others, and it is also essential to enhance respect for women in the general public. Therefore, in order to tackle cybercrime against women in India, there is a need not only for stricter penal developments but also for a shift in the education system. Such reform does not come from within a single block of society, but individuals, administrations and various other bodies need to work together to bring such changes.”