Justice in Indian Constitution

 Introduction 

Along with liberty, equality and fraternity, justice is the cornerstone of the Indian constitution. Only in a society permeated by justice, one can expect the enjoyment of liberty, equality and fraternity. Thus, justice presupposes the booming democracy. No justice can thrive in a set-up which is guided by dictatorship. 

The Supreme Court inaugurated : Lady of Justice without blindfold
with scale in her right hand and constitution of India in the left hand 

Definition-

1.According to Plato, Justice is to establish harmony where rulers, warriors and producers (farmers and artisans) perform its designated function without interfering with others. 

2.According to Kautilya, Justice meant protecting citizens, maintaining order by enforcing proportionate punishment and ensuring King’s responsibility to uphold Dharma for the welfare of the state and society. 

3. According to Aristotle, Justice has two components - distributive justice, whereby fair distribution of resources is carried out and corrective justice where wrongs are rectified. He stressed upon equality and fairness. 

4.According to  John Rawls, Justice is achieved when society ensures fairness specially for the most vulnerable. 

5. According to Thomas Hobbes, Justice is achieved when a social contract is made for the preservation of peace and order with the sovereign for enforcing justice.

6. According to Karl Marx,  Justice can be achieved when a classless society is established through class struggle, where inequality is eradicated. 

7. According to John Stuart Mill, Justice is essential to the principle of utility where the aim is the greatest happiness of the greatest number.

8.According to Amartya Sen, Justice means improvement of people's actual life by enhancing people’s freedom and capabilities. 

TO WATCH FULL VIDEO, CLICK ON THIS LINK

Provision of justice in Indian Constitution

1.Preamble - The Preamble consists of three types of justice - social, economic and political. 

• Social justice means equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular sections of the society. It also means improvement in the conditions of scheduled castes, scheduled tribes, and other backward classes.

• Economic Justice means non-discrimination between people on the basis of economic factors. It means elimination of glaring inequality in wealth, income and property. 

• Political justice means  all citizens should have equal political rights, equal access to all political offices and equal voice in the Government. 

2.Fundamental Rights - 

• Article 14 ensures the right to equality before law and equal protection from law.

• Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth. 

• Article 16 guarantees equality of opportunity in public employment, ensuring that every citizen has the equal chance.

• Article 17 abolishes all kinds of untouchability.

• Article 18 abolishes all kinds of titles, except those titles given on the merit. 

• Article 19 provides freedom such as the right to free speech and expression, assembly, association, movement, residence and profession. 

• Article 20 provides no ex post facto law. It means no person shall be convicted of any offence except for violation for law in force at the time of the commission of the act. No double jeopardy which means no person should be persecuted and punished for the same offence for more than once. No self-incrimination which means no person accused of any offence shall be compelled to be a witness against himself.  

• Article 21 guarantees the right to life and personal liberty. The Supreme Court has enlarged the scope of this article to include right to live with human dignity, right to decent environment, right to livelihood, right to shelter, right to health, right to free education up to 14 years of age , right to free legal aid, right against handcuffing, right to speedy trial, right against inhuman treatment, right against bonded labour, right against custodial harassment, right to emergency medical aid, right to fair trial, right to family pension, right to marry a person of one’s choice, right to privacy etc. 

• Article 22 provides protection against arrest and detention, right to be informed on the grounds of arrest and access to legal representation. 

• Article 23 prohibits trafficking in human beings and forced labour.

• Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work of railway. 

3.Directive Principles of State Policy 

• Article 38 promotes the welfare of the people by securing social economic and political justice and to minimise inequality income status, facilities and opportunities. 

• Article 39 secures -

(a) the right to adequate means of livelihood for all the citizens 

(b) Equitable distribution of material resources of the community for the common good. 

(c) Prevention of concentration of wealth and means of production

(d) Equal pay for equal work for men and women

(e) Preservation of health and strength  of workers and children against the forceable abuse. 

(f) Opportunity for healthy development of children and protection of childhood and youth against exploitation and against moral and material abandonment. 

• Article 39 (A) promotes equal justice and provides free legal aid to the poor. 

• Article 41 secures the right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement.

• Article 42 makes provision for just and humane conditions of work and maternity relief.

• Article 43 secures a living wage, a decent standard of life, social and cultural opportunities for all workers.  

• Article 43 A secures the participation of workers in the management of industries.

• Article 47 raises the level of nutrition and standard of living of people and improves public health. 

• Article 46 promotes the educational and economic interest of SC,ST and other weaker sections of the society and to protect them from social injustice and exploitation. 

• Article 45 provides early childhood care and education for all children until they complete the age of six years. 

• Article 48 organises agriculture and animal husbandry on modern and scientific lines. 

4.Judicial review - The constitution of India authorises the higher judiciary like Supreme Court and High Courts to declare any law passed by Parliament or state legislatures null and void if that law contravenes the provisions of constitution. Thus, the Supreme Court of India struck down a number of laws passed by the Parliament. Recently, the Supreme Court upheld the classification of scheduled castes and scheduled tribes for reservation to provide reservation benefits to marginalised groups within these castes and tribes.

5. Public Interest Litigation - It allows individuals or groups to approach the judiciary to seek legal remedies for public issues, providing an effective means for the poor or marginalised to access justice. Thus, the provision of locus standi was removed so that public issues may be raised in the Supreme Court and High Courts. 

6.Legal Aid and Free Justice - The Legal Services Authority Act,1987, formalises the provision of free legal aid to unprivileged sections, reinforcing the constitutional directives under article 39 A. 

Achievements of Justice in India since Independence 

1. India successfully conducted 18 elections since independence and thus strengthened democratic set-up by giving reservation to scheduled castes and scheduled tribes in Parliament. By the 73rd and 74th amendments, democratic decentralisation was carried out at the district and down to the village level. 33% reservation to women was provided in these local bodies. Some states like Bihar reserved 50% reservation for women. Similarly, reservation to SCs and STs was provided in these local bodies commensurate with their population. 

2. India achieved self-sufficiency in food production by the introduction of the Green Revolution. It has become the fastest growing economy in the world. It has made efforts for economic inclusion by launching welfare schemes like MGNREGA ,Pradhan Mantri Jan Dhan Yojana, and Pradhan Mantri Mudra Yojana. Almost all states have passed land reforms whereby intermediaries like zamindars, jagirdars were abolished. By tenancy reforms, security of tenure and fair rent were ensured. Surplus lands of more than 60 lakh hectares were distributed among landless and marginalised farmers. The maternity benefits Act 1961, and Equal Remuneration Act, 1976 have been  made to protect the interest of women workers. The Nationalisation of 21 banks and abolition of privy purses were made to promote common good.  

3.Social justice has been achieved by making untouchability a crime. The SC, ST Atrocities Prevention Act, 1989 further strengthened the position of these communities. Legal reforms with regard to marriage inheritance and workplace harassment have been carried out. 

Challenges 

1.In spite of the great progress made by India since independence, political corruption, criminalisation of politics, muscle power in the election are on the rise. There is a lesser representation of women in Parliament. Even Pakistan has better women's presentations in Parliament than in India. Similarly, political participation of marginalised groups and women is very much limited in the higher level of governance. 

2. In spite of being the fifth largest economy of the world in nominal GDP, India has become the most unequal society in the world. Only 1% people from the top have captured 22% of the national income and 40% of the wealth of India. The informal sector which produces 92% of the employment suffers from low wages, insecurity of jobs and unhygienic conditions of the workplace. India ranks 108th out of 193 countries in 2022 in the gender inequality index. The labour force participation for women is at 28.3 % which is very low when compared with China, Japan and South Korea.

3. The caste based discrimination is still prevalent in rural areas. Work force participation for women is still low due to gender bias. The minority communities suffer from inadequate representation and frequent communal flare up. 

Conclusion 

1.To sum up, justice in India can be achieved and would be provided to millions of people by adopting inclusive growth, ensuring the economic growth benefits to all sections of the society. This would be ensured by reducing inequality, eradicating poverty, creating employment opportunities, improving social cohesion, reducing gender gap and by achieving  sustainable development goals. 

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. 

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.

Akhilesh Jha. Legal Adda

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.

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