Showing posts with label Akhilesh Jha. Show all posts
Showing posts with label Akhilesh Jha. Show all posts

Tuesday, June 18, 2024

Social Changes during the British Period (1757 - 1947)

 

A colonial economy


  1. British rule converted India into a colonial economy.

  2. The Indian economy was subordinated to the interest of its mother country, Britain.

  3. British rule not only changed the political master at the top but also changed the substructure of the Indian economy like the village self sufficient economy. 

  4. Britishers never became an integral part of Indian life. They always remained foreigners and syphoned off huge amounts of money from India.


Artisans and craftsmen were destroyed

  1. Because of one way free trade in India after 1813, Indian manufactured goods could not compete with the goods produced on a mass scale by steam operated machines

  2. Cotton weaving and spinning industries of India were hard hit.

  3. Officers of East India company compelled artisans to sell the goods below the market price and hired their services below the prevailing wages. This led to the abandonment of the hereditary professions by a large number of artisans and craftsmen and they overcrowded into agriculture. 

  4. Towns and cities like Dhaka, Surat, Murshidabad, Patna declined. 

  5. The population dependent on agriculture increased from 63.7% to 70% between 1901-1941.



Peasants became poorer 

  1. Because of the Izaredari system introduced by Lord Clive and Warren Hastings , agricultural lands were sold to the highest bidders. This led to the uprooting of old zamindars because they fell into arrears.  Their lands were confiscated and sold to the highest bidders like merchants and traders or moneylenders. Permanent settlement in Bengal presidency introduced by Lord Cornawalis fixed the land revenue to be paid by the revenue farmers (zamindars) to the British Government in perpetuity. However, revenue farmers could raise the rent to be paid by the peasants. Thus, peasantry were compelled to be at the mercy of zamindars.  In the Ryotwari system in Madras and Bombay presidency, the high revenue demand deprived most of the peasants from their lands and they fell into debt trap. Similar situation was obtained in Agra, Awadh and Punjab where Mahalwari system was introduced. Because of the excessive demands of land revenue by the British Government, most of the lands of peasants were confiscated and were sold to merchants, traders, money lenders or contractors. The condition of peasantry throughout the length and breadth of India deteriorated during the British rule.  


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Rise of Money lenders

  1. Because of the land revenue policy of the Britishers and new legal system, a class of money lenders arose in India.

  2. These money lenders could seize the lands of peasants. If they fail in arrears.

  3. In 1911, the total rural debt was estimated at Rs. 300 crores but by 1937, it amounted to Rs. 1800 crores.

  4.  Most of the land in Deccan were captured by money lenders 

  5. That’s why during the period of 1857 revolt the target of attack of peasants was always on money lenders. 


Rise of absentee landlordism in rural areas 

  1. Because of the land revenue policy of the Britishers, the old zamindari states were utterly ruined and were forced to sell their zamindari rights in Bengal presidency.

  2. By 1815, half of the landed property in Bengal had been transferred from old zamindars to new zamindars who lived in town, giving rise to absentee landlordism in India.

  3. These landlords became the chief political supporters of the Britishers and opposed the rising national movement.


Rise of Intermediaries 

  1. The new landlords found it convenient to sublet their rights to collect rent to other eager people on profitable terms.

  2. As the rent of land increased, the number of intermediaries also increased and sometimes it went up as high as 50.

  3. The condition of tenants became pitiable because they had to bear the brunt of exorbitant rents. 



Rise of Indian Capitalists

  1. Under the impact of the industrial revolution, jute and textile industries were founded by Indians.

  2. By 1879, there were 56 textile mills employing 43000 workers.

  3. By 1882, there were 20 jute mills. 

  4. Sugar mills, woollen textiles, iron steel works, cement, paper, matches, glass industries developed during the 1930s .

  5. However, most of the modern Indian industries were  owned or controlled by British capitals.

  6. Foreign capital easily overwhelmed Indian capital on many of the Indian Industries.

  7. Indian owned industries had a very stunted growth. Focus was more on consumer industries rather than basic industries

  8. Although Indian capitalists formed a small part of the Indian population, they represented new technology, a new system of economic organisations, new social relations and an all India outlook.



Rise of modern working class

  1. Because of the Industrialisation of India in the second half of the 20th century, a new working class arose in India.

  2. By 1905, there were 206 cotton mills employing 1,96,000 workers. Similarly, in jute industries 1,15,000 workers were employed by 1901. The coal mining industry employed nearly 1,00,000 of workers in 1906.  

  3. There were 2.3 million workers employed in 1951.

  4. The condition of the workers was very pitiable. There were no housing facilities available for them. There was no fixation of work hours. 

  5. The British government introduced the first Indian factory act in 1881, fixing nine working hours for children between 7 years to 12 years. 

  6. The second factory act 1891, gave a weekly holiday to all workers. Women were not to work more than 11 hours per day and for children it was reduced to 7 hours. 


The policy of divide and rule Growth of communalism in India

  1. The unity of Hindu and Muslims during the 1857 revolt scared Britishers. So, they started the policy of divide and rule.

  2. First of all they confiscated lands of Muslim zamindars and distributed those lands to Hindu zamindars and peasants. 

  3. Educated Hindus were preferred in government jobs. Muslims were neglected.

  4. But after 1890, Britishers reversed their policy when they saw that Hindus are demanding Indianization of government jobs, representation in assemblies.

  5. Britishers helped in the establishment of Muslim league in 1906 to safeguard the exclusive interest of Muslims.

  6. In the 1909 act, Muslims were given separate electorates and thereafter in 1919 act, Christians, Europeans, Sikhs were given separate electorates. 

  7. The separate electorate to different communities was meant to destroy the rising Indian nationalism in India.


Hostility to educated Indians

  1. The British established three universities at Calcutta, Bombay and Madras.

  2. The British appreciated the educated Indians who did not participate in the 1857 revolt. But British officials now became totally against it after 1890 when these educated Indians demanded more and more share in the governance. 


Social reforms

  1. The British abolished sati system, permitted widow remarriage, banned infanticide, raised marriageable age of girls. 

  2. But after 1857, the Britishers abandoned social reform, fearing that any further social reform may create a reaction of people against the Britishers.


Racial Antagonism 

  1. The British always maintained social distance from Indians and openly asserted the doctrine of racial supremacy.


Weakening of caste system and emancipation of women

  1. Because of the social reforms by Raja Ram Mohan Rai, Dayanand Saraswati, Self respect movement in South India, rigidity of caste weakened.

  2.  Women participated in large numbers in the national movement launched by Gandhi ji.

  3. Education among women further strengthened their position in society


Conclusion

  1. Every class and every section of Indian society gradually discovered that its interests were suffering in the hands of foreign rulers.

  2. Peasants, artisans and craftsmen, educated Indians, the rising Indian capitalists and workers felt that the British rule was not good for them and for India.

  3. The exploitative British domination gave rise to Indian nationalism. 

  4. Only zamindars, landlords and the princes supported British imperialism. Even a section of them joined the national movement. 

  5. The British rule for 200 years in India affected almost all classes of India. The Britishers took away $44 trillion from India in its 200  years rule.

  6. Thus, British rule gave rise to new classes of absentee zamindars, moneylenders and princes who were staunch supporters of British Raj. On the other hand, a new capitalist class, industrial workers and educated middle class arose in India. They spread nationalist ideas and were completely opposed to communalism. 

Thursday, December 28, 2023

Why do courts acquit criminals/accused?

 

Why do courts acquit criminals/accused?

Why is it in the news?

As per the news item published in the reputed Newspaper at Indore, the court acquitted three accused charged with murder and kidnapping of a 13 year old son of a medical shop owner. It was contended that most of the witnesses turned hostile and so the court acquitted the accused. The mother of the dead son was in the precinct of the court and she started sobbing but the accused came out with their smiling faces. Thus, the boy, who was killed, did not get justice even after his death.


Introduction

1.Once a crime is committed, the Police register FIR. Investigation goes on. 

  • The investigation of an offence consists of proceeding of the investigating officer to the spot, ascertainment of facts and circumstances of the case, discovery and arrest of the suspected offenders, the examinations of various accused and the search of places or seizure of things considered necessary for the investigation and finally, formation of the opinion as to whether on the basis of materials collected, there is a case to present accused before the magistrate for trials and if so, taking the necessary steps by filing of a charge sheet under section 173 of crpc.

2.If there is sufficient evidence, the investigating officer produces a charge sheet in the court. The court starts the trial proceedings whereby examination chief, cross examination and re-examination of the witnesses, complainants and accused take place. The relevant documents are exhibited in the court of law before the accused. The Judge either convicts or acquits the accused on the basis of evidence brought before him. 

3.If there is sufficient evidence, the court convicts the accused as per the provision of Indian Penal court. If the court is not satisfied with the evidence brought before it, it may acquit the accused. 

Causes of the acquittal of the accused 

The acquittal of an accused can be attributed to the complexities of so many factors. These are -

  • Insufficient evidence- If the prosecution fails to establish the guilt of the accused on the basis of insufficient evidence incriminating the accused, the court can acquit an accused. 

  • Reasonable doubt- It is the duty of prosecution to prove the involvement of the accused in the crime beyond reasonable doubt. If the defence successfully introduces doubt about the involvement of the accused in the case, the court can give a verdict in favour of the accused by acquitting him. 

  • Illegal evidence - If the court comes to the conclusion that the prosecution has obtained evidence unlawfully, it may not admit that illegal evidence in the court and this may lead to acquittal of the accused.

  • False confessions - If defence proves that the confession of the accused was obtained by coercion, temptation, allurement or under duress, the court may not admit those confessions by the accused and this may lead to acquittal.

  • Credibility of witnesses - If witnesses are inconsistent, biased , and their statements are contradicted by other evidence, it may create scepticism in the mind of the judge and he may acquit the accused because of the lack of accuracy among witnesses. 

  • Failure in identification of unknown accused and stolen goods may lead to acquittal of accused.

  • Alibi - If the defence successfully establishes the fact that the accused were far off from the place of occurrence of crime and it was not humanly possible to reach the place where the crime occurred, the court may presume that the accused are not involved in the commission of crime.

  • If the expert testimony is challenged by the defence and their methodology or expert testimony is successfully impeached, the court may presume that the expert's testimony were vitiated and so it may acquit the accused. 

  • Lack of jurisdiction- on account of lack of jurisdiction, the court can also acquit and accuse.

  • Statutes of limitations -  The law dictates a specific time limit within which charges must be found. If the prosecution brings charges after the statute of limitation has expired, the accused may be acquitted due to the legal time limit. 

  • Poor investigation - Investigation is the process of linking the chain of circumstances under which the crime occurred and the crime detected. If the Investigating Officer fails to establish the link of the occurrence and the detection of the crime and if there is a missing link, the court may acquit the accused. 

  • Procedural violations - failure to adhere to legal procedure during evidence collection, statement of witnesses, arrest, searches can render evidence inadmissible in the court. 

  • Political influence - Pressure from higher authorities or political masters can compromise the independence and impartiality of the investigation leading to the acquittal of the accused. 

  • Resourceful and powerful accused - Sometimes accused are so powerful politically and economically that they exert enormous pressure upon witnesses, the police and the court. Moreover, these powerful accused hire reputed lawyers to defend their case. While the complainant and his government advocate can not match the legal knowledge and expertise of defence lawyers. This leads to the acquittal of the accused. 

  • In addition, lack of expertise of the investigating officer, procedural violation, inadequate training and prejudice of the investigating officer are other factors for the acquittal of accused. 

Impact of acquittal of the accused on the society 

Society is disturbed whenever wrongful convictions take place or guilty individuals are acquitted. This leads to the erosion of public trust in law enforcement. The confidence of people in the criminal justice system is also shaken. Law and order situation worsens. Anarchy prevails. The prestige of police ebbs in the eyes of people. 


Conclusion

Acquittals of an accused occur on account of several factors. It is therefore pertinent that the comprehensive legal procedure is followed. The rights of the accused are safeguarded. The evidence is collected and scrutinised before producing them into the court of law so that the court can trust them. It must be remembered that as per the jurisprudence, every accused is innocent until proven guilty by the court. Efforts should be made to cross examine witnesses and accused in such a way that the court is satisfied with the collection of evidence and its authenticity. 




Wednesday, June 7, 2023

Can a Man be raped by woman?

 क्या पुरुष का भी बलात्कार होता है ? | Can a Man be raped by woman?



Why is it in the news?
  1. Last year in 2022, four women raped a man at Jalandhar.

  2. Delhi based center of civil society found that about 18% of Indian adult men reported by coerced or forced to have sex. Of those 16% claimed a female perpetrator and 2% male perpetrator. 

  3. The incident of rape of man by woman is unreported in India because in a patriarchal society like us people do not take it seriously.

  4. It is estimated that approximately 1 in 6 men were sexually abused as children.

  5. Rape is thought to be a crime committed solely against women.

  6. Men often do not report about sexual assault upon him by a woman because they are afraid that in case of reporting people will doubt their sexual orientation and label them homosexual. So, most of the time male victims try to conceal the rape on him.

  7. It has been estimated in America that 10.5% men were raped by females.


What is rape?

  1. In India, rape is always committed on female by male u/s 375 IPC when the sexual intercourse has been done against the will of the women, against her consent, and when consent has been obtained under threat of death or hurt or when her consent has been obtained by misrepresentation or when consent has been obtained by intoxicating her.

  2. In India a rape will be committed when a girl is under 16 years of age and consent will be not applicable.

  3. However, women is married to the man the act is not considered as rape whether or not she has consented. Only exception is that the wife must not be under 16 years of age or the couple is separated.

What is the law of rape on man by woman in India?

    1. There is no such law for rape on adult man by woman in India

    2. However, under POCSO (Prevention of Children from Sexual offences),         there is a provision of gender neutrality. The irrespective of the gender                 whether boys or girls below 18 years, if they are sexually abused or exploited     or raped, the victim can file case against the accused under POSCO act

    3. In case of rape of man by woman there is no legal provision in India. At best     the offender can be prosecuted u/s 374 for unlawful compulsory labour. This         act punishes the offender for 1 year or with fine or with both if the accused         unlawfully compels any person to labour against the will of that person.

    4. The offence is cognizable, bailable, non compoundable and triable by any             magistrate.


Effects upon male victim

    1. The victim suffers from tension, headache, colitis, black eyes and soft             tissue injury and laceration.

    2. Social stigma upon male victim

    3.Post traumatic stress disorder 

    4. Male victims fear being labelled as homosexual or bisexual.

    5. Depression

    6. Alcoholism and drug abuse

    7. Suicidal thoughts

    8. Problems in intimate relationship

    9. Sense of being an inadequate man

    10. Sense of lost power and confidence

    11. The male victim needs extensive emotional and psychological healing             after the rape by female


Conclusion

    1. Like gender neutral law of POCSO, the rape law should also be made             gender neutral. 

    2. Since, Indian society particularly in metropolitan cities is changing fast and     because of the educational advancement among women, they have occupied     positions of authority in different departments, public sectors and private             sectors.

   3. Since, large number of women have occupied high positions in society ,             they are in the position to dominate or govern the will of her male                         subordinates and so sexual abuses or exploitation or rape by her on male         subordinates can not be ruled out

    4. Since, most of the developed countries in the world like US and UK                 amended the rape laws and made it gender neutral, it is incumbent upon the     Parliament in India to make rape law as gender neutral.

    5. Several PILs for making rape laws gender neutral filed in the Supreme             court were rejected. The judges contended that they could not amend the             IPC. It is the prerogative of the parliament to amend the rape laws.

    6. The myth that man can not be raped or sexually assaulted does not hold         water. The idea that man should be able to defend himself against attack             depends upon the different situation.

    7. Any man can be sexually assaulted regardless of size, strength,                         appearance, age, occupation or sexual identity.





Friday, September 30, 2022

If someone throws garbage infront of your house what will you do?

 

If someone throws garbage infront of your house what will you do?

  1. Nuisance is anything that annoys or troubles 

  2. According to section 268 ipc, a person is guilty of public nuisance who does any act which causes common injury danger or annoyence to the public or to the people in general who dwell or occupy property in the vicinity or which much necessarily cause injury, obstructions, danger, or annoyance to persons who may have occasion to use any public right

  3. Nuisance is of two kinds public and private. Keeping a gaming house in the colony or running a brothel is an example of public nuisance. The branches of a tree hanging over the house of another is an example of private nuisance. A private nuisance affects some particular individual. 

  4. Spreading infection, adulteration of food or milk, falling the water of any public reservoir, making atmosphere noxious to health are examples of public nuisance



Action under 34 police act, 

  1. If anybody commits any of the following offences which causes obstructions, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall on conviction before a magistrate with a fine and also imprisonment for 8 days 

  2. Police officer is empowered to  take that person into the custody without any warrant if he is guilty of 

  1. Slaughtering of cattle's

  2. Furious riding

  3. Cruelty to animals

  4. Obstructing passenger

  5. Exposing goods for sell

  6. Throwing dirt/stones/building materials/ rubbish into the streets

  7. Being drunk or riotos 

  8. Indecent exposure of person

  9. Neglect to protect dangerous places



Under section 133 crpc, 

  1. DM or SDM or any other magistrate is in power to take action on the police report in following situation

  1. Unlawful obstructions or nuisance to any public place or to any way or river or channel lawfully use by the public 

  2. Conduct of any trade or occupation, injurious to any health or physical comfort of the community

  3. Construction of any building or the disposal of any substance which may cause explosion or conflagration

  4. A building, tent or structure or a tree likely to fall or cause injury to persons 

  5. An unfence tank, well or excavation near a public place

  6. A dangerous animal requiring destruction, confinement or disposal


What law says about public nuisance regarding SC and ST?

  1. If a person who is not a member of sc or st acts with the intend to cause injury insult or annoyance to any member of sc or st by dumping excreta, waste matter , carcases or any other obnoxious substances in his premises or neighbourhood shall be punished with the increment of imprisonment of 6 months or which can extend to 5 years.


Private nuisance

  1. Interference must be unreasonable or unlawful 

  2. There should be visible damage to the property or with the enjoyment with the property in order to constitute a private nuisance

  3. Such interference has to be with the use or enjoyment of land 

  4. Private nuisance is that kind of nuisance in which a person's use or enjoyment of his property is ruined by another it may also injuriously affect the owner of the property by physical injury to his property or by affecting the enjoyment of that property


What are the remedies available for nuisance ?

  1. Injunction - it may be temporary or for limited period or may be permanent injunction

An injunction is a judicial order restraining a person from doing or continuing an act which might be threatening or invading the legal right of another

2. Damages - it may be compensation to the aggrieved party, the court can award damages



Difference between nuisance and trespass

  1. Simply entering into another individual’s property without the consent of the owner is called trespass whereas if there is an injury to the property of another or any interference with his enjoyment of the property then it will amount to a nuisance

For eg - planting a tree in someone’s land would amount to trespass whereas if a person plant a tree on their own land which then outgrows to the land of another would amount to nuisance


Conclusion

  1. There are ample remedies available in crpc, ipc, torts and police regulations 

  2. Since people in our country are not aware of these laws, they do not take recourse to remedies through these laws. Watch Full Video Here


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