Sunday, August 26, 2012

Bombay High Court:150 Glorious Years

The Bombay High Court on an old postcard
In order to celebrate completion of 150 years of the Bombay High Court, a small display has been organized in Court Room No. 46, on the second floor of the main building. Those who practice at Bombay H.C. know very well the significance of C.R. No. 46, for that is where Tilak's Trial had taken place. Tilak's last words in the trial are inscribed on a stane tablet outside the Court Room: 

"Inspite of the verdict of the jury, I still maintain that I am innocent. There are higher powers

Saturday, August 25, 2012

Laws related to Women Exploitation in India

This article is written by one of our authors  Shashank Sahay .

Child Labour Prohibition and Regulation Act India
Child Labour in India
The Child Labour (Prohibition and Regulation) Act, 1986, bans employment of children less than 18 years in certain fields such as transport, railways, ports etc. Employment of children is also regulated under several legislations such as Factories Act, 1948, Mines Act, 1983, Apprentices Act, 1951. The cut off age is 14 in most of the cases. However, the penalizing provisions of these Acts scarcely touch the exploiters/violators of the law. Monitoring of the law is extremely poor. The Supreme Court judgments on child labour have done little to improve the situation. (Image taken from here.)

Similarly, the Child Marriage Restraint Act, 1929, stipulates the

Saturday, August 18, 2012

Indian Constitution & International Charters on Prevention of Child Exploitation

article is written by one of our authors  Shashank Sahay .

Indian Constitution on Exploitation of Children

Child labour in India, constituion
Child Labour is still a growing concern in India
There are certain provisions under Indian Constitution are provided for the protection of the children from exploitation and abuse and of course for the welfare of the children.

Article 39 provides certain safeguard to the children from exploitation and from the deprivation of the basic human dignity. According to Article 39 (e) of the Constitution, the state shall in particular, direct its policy towards securing that the tender age of the children are not abused and that citizens are not abused and that citizens are not forced by economic necessity to enter avocation unsuited to their age of strength. So by invoking this provision of Article 39 (e) of the Constitution, children can be protected from the abuse of dignity of life which may include sexual abuse. (Image taken from here.)

Moreover, as an preventive measure,

Sunday, August 5, 2012

Abortion: The Indian Legal Scenario

This article is written by one of our authors  Shashank Sahay .

Abortion and the Indian Penal Code

Fetus baby sonogram, abortion
Until 1971, the law relating to abortions was exclusively governed by the Indian Penal Code. Enacted in 1860, it reflects the prevailing morality and makes abortion an offence, except when it is performed to save the life of the women. Under the IPC any one causing miscarriage is, unless it is done in good faith to save the life of the pregnant women, is liable to imprisonment for three years. If the woman is quick with the child (i.e. the child has assumed foetal form, normally after 5 months) the punishment can be imprisonment up to seven years as stated in the Section 312 of the IPC. If the miscarriage is caused without the consent of women, the person is liable for imprisonment for life or ten years, as given in the