Juvenile Justice in India

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Juvenile is a person who is person who is minor that is who has not attained the age of majority which is 18 yrs as per Indian Minority act 1999.Juvenile laws are applicable to people who cannot be held responsible for the offences they made. In most of the countries the age of juvenile is up to 18yrs.

The main aim of the act is not to punish the juvenile but to rehabilitate. The law treats that a juvenile is a person incapable of committing a crime and he lack the very essence of Mens Ria i.e. the guilty mind.

Now let us understand the stages of framing a juvenile justice act. It was first in 1968 the congress passed the Juvenile delinquency Prevention and control act 1968 then in 1972 amendments were made to prevent children from going in delinquency and in order to overcome various flaws in these acts Juvenile justice (care and protection of children) act 2000 was passed and Acc to Sec 2(k) defines a juvenile to mean a person who has not completed 18yrs of age. And sec 2(l) says that a juvenile means a “child in conflict with law “ means to say a juvenile alleged of an offence but has not completed 18yrs of age on the date of offence so he cannot be punished as any other normal person so juvenile is termed as a child in conflict with law.

Doctrine of Parens Patraie authorizes state to protect children. This doctrine says that it is the duty of the government to look after all the people in the state especially those who are disable, especially children whose care is entrusted to the parents.

A juvenile is not tried for the offences in normal courts and nor they are kept in normal jails as they may get influenced by normal criminal so juvenile justice act has set up a board which consist of Metropolitan or judicial Magistrate, 2 social workers where one should be a women to try these cases and observation homes and special homes in every district or for group of districts have been set up to keep the juveniles. According to the act how much ever the punishment may be for the offence done a juvenile should not be kept in special homes for not more than 3yrs.

              When a police comes into contact with a Juvenile he should take them to special police units and bail can be granted so long as there is no danger or influence of criminals. Even after a juvenile is discharge the government takes up actions such as Follow up actions after discharge, keeps records of them, studies etc.

             These juveniles are not to be exposed to media, magazines etc.In the recent rape case in Delhi one of the accused was a juvenile so he was not given any grave punishment, keeping this in mind legislators thought to reduce the age of juvenile from 18yrs to 16yrs but this was opposed.

Further the rate of juvenile crimes in urban areas 1 much higher than in the rural areas which is revealed in noting that a large section of

the juvenile crimes occurs in the States of Maharashtra, Madhya Pradesh,

Gujarat, Assam where 32.5per cent, 16.6per cent, 12.9w r cent and 7.3

per cent respectively.

According to Dr. Rajesh Parikh, a psychiatrist at Jaslok Hospital

and at the Student Counselling Centre at St. Xavier’s Coilege Bombay,

economic security does not necessarily guarantee emotional security and

parents often end up ,meeting a child’s wants but not needs and that the

parents may be present in the home but not available to tile children. On

the other hand, in a broken home, a woman as a single parent may be as

effective as both parents. What matters is how much the parent cares. The

same may be true of the working mothers as against non-working

mothers.

Ms. Shehaz Elavia, Director of above referred Xavier Centre

says, ‘Sometimes parents may be available to the children- but only to

impart knowledge rather than give the child of themselves, their values

and their beliefs’. While Dr. Sailesh Kapadia, a psycho analyst,

emphasises the importance of the relationship between the parents.

Where a good relationship exists between the parents, the child can ride

out the stress of adolescence. There is nothing like the emotional security

of a stable home. Another criminologist MS Pawar, lecturer in the

criminology department of Tata lnstitute of Social Studies said, ‘If the

family as controlling factor is lacking, children are more likely to violate

society’s norms’.

    According to Mrs Sanober Shekhar, reader in the department of

criminology and correctional administration, Tata Institute of Social

Studies at Bombay, adults are just not fulfilling the mediatory role between

childhood and adulthood that they are supposed to pay. ‘Schools have

become so commercialised that the perspective has changed from

personality development to academic performance Those who do not

perform or cheat become social rejects. Parents on their part, are too

busy in making money or socialising. The children find their own

emotional comforts among gangs of delinquent’, says Dr. Pritam

Phatnani, a forensic expert at Bombay.

 

As per above stated facts and the opinions of the experts it is society which is craving for this sort of a situation which has to be corrected.

By-Taruni Banda

Will there be and end to women harassment??

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In India, Women are treated as Goddess. Indian culture and custom enlightens the importance of
women and every religion of India teaches us to respect them. Women are proving themselves in each and
every field but still in case of their protection, we are lagging behind. Many laws has been enacted to
protect their rights and for their welfare. Even after commencement of many acts and rules, they are
vulnerable in the society. They are not given the same importance and secured life as compared to men.

Indian government has enforced several laws for the secure life of women and is trying to armor more
from the year 1956 to the present day. And the laws are as follows:

1) Immoral Traffic (Prevention) Act, 1956.
2) Dowry Prohibition Act, 1961.
3) Indecent Representation of Women (Prohibition) Act, 1986.
4) Commission of Sati (Prevention) Act, 1987.
5) National Commission for Women Act, 1990.
6) Protection of Women from Domestic Violence Act, 2005.
7) Protection of Women against Sexual Harassment Bill, 2007.

As these laws and acts are not stringent, the crime rate on women has been rising gradually. The
proportion of crime committed against women has increased continuously during last seven years from
8.2 percent in 2006 to 12.5 percent in 2013. Women are being harassed under the name of:

1) Dowry
2) Sexual Harassment
3) Cyber Harassment
4) Domestic Violence and many more

Due to the problem of Dowry, they are being tortured mentally and physically. Girls are being
harassed sexually at their work places and at other places too. In cyber harassment, they are being
mentally tortured by fake, vulgar images and videos. In domestic violence, the wives suffer because of
husband’s cruelty.

Without proper support and care from the society and law, women are choosing to commit
suicide than facing them or they choose to suffer in silence than approaching courts.

India is a country where the people give much importance to culture – customs – traditions and
thereby giving high respect to women as their sisters and mothers. But I wonder, still why they are being
harassed so brutally? Some people reply: – “It’s because of Introduction of western culture.” Some refer
this world to be a male dominating one (in case of domestic violence). And others answer it as: “People’s
behavior and cruel-vulgar mentality.”

Today, Punishments imposed on the offenders are not so effective. It must be more stringent to
ensure the better life of women. For a rape attempt or a rape, the offender should be hanged; this will
create fear in the minds of people and they will not try to go against the law. Seven years of imprisonment
which may extend to life imprisonment must be imposed strictly for Dowry and sexual harassment cases.

Harassment of women has occurred throughout history and will likely to keep occurring. As
society is developed and become more sophisticated, the hope is that harassment will slowly decline in
occurrence. Until then women can protect themselves from harassment by learning about different types,
acquiring self defense training and staying up to date on the laws concerning the harassment of women.

By-Samskruthi Mitra

What is an Evidence in court of Law

The law of evidence is a procedural law,i.e it neither abridges or gives any right, it is lexfori. The Evidence act permits that evidence can only be tendered for the-: 

1. Facts in Issue

2. Relevant Facts

There can be two types of Evidence which can be tendered.

1. Oral Evidence

2. Documentary Evidence(Includes Electronic records)

The Evidence contains three states

1. Evidence which has proved a fact in issue.

2. Evidence which has been disproved and that the fact in issue is inadmissible.

3. Evidence which needs to be tendered.

Evidence in the form of Admission is a weak form of evidence which needs scrutiny.

Confessional statements to the magistrate is a strong form of evidence.

Dying Declaration to magistrate is strong evidence, whereas to police officer is a weak form of evidence.

Documentary evidence can be of two types-Primary for those whose original copies are produced, Secondary means duplicate copies of the documents.

Admission serves as an Estoppel and act as substantive evidence.

For a judge arriving at a decision considers Facts in issues, Relevant facts, Facts which are proved,Strong and weak admissions and all the Cross examination statements as well examination in chief statements to arrive at a conclusion.

How to register a marriage?

Registration of Marriages which have already been solemnised.

Q. Where do I have to go and during which hours?

To the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 p.m. on any working day to obtain the contact address of the SDM in whose jurisdiction in your colony lies.

Q. Which papers/documents/fees, do I take with me?

  1. Application form duly signed by both husband and wife.
  2. Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
  3. Ration card of husband or wife whose area SDM has been approached for the certificate.
  4. In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO).
  5. Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
  6. Two passport size photographs of both the parties and one marriage photograph.
  7. Marriage invitation card, if available.
  8. If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
  9. Rs. 100/- in case of Hindu Marriage Act and Rs.150/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form.

  1. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be. For details of such relationships  Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
  2. In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act).

All documents excluding receipt should be attested by a Gazetted Officer.

Solemnisation of Marriage under Special Marriage Act

Special Marriage Act, 1954 provides for solemnisation of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners have been authorised as Marriage Officers for this purpose.

Q. Where do I have to go and during which hours?

To the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 Noon on any working day. Click Here to obtain the contact address of the SDM in whose jurisdiction in your colony lies.

Q. Which papers/documents/fees, do I take with me?

  1. Application form duly filled and signed by the bride and the groom.
  2. Fee of Rs.15/- is to be deposited with cashier of District and the receipt should be attached with the form.
  3. Documentary evidence of date of birth of both parties (Matriculation Certificate/Passport/Birth Certificate).
  4. Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned SHO).
  5. Separate affidavits from bride and groom giving:
    1. Date of birth.
    2. Present marital status: unmarried/widower/ divorcee.
    3. Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
  6. Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
  7. Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

Q. What will be the criteria used while deciding my case?

For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt. If the SDM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnises the marriage after 30 days of the notice. Both parties alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.

Procedure for Transfer of ownership of Vehicle Delhi

The transfer of ownership of a vehicle is to be applied in the concerned zonal office where vehicle is already registered and following are the documents to be submitted:-

  1. Registration certificate in original
  2. Form no.29 duly filled in duplicate (attested one copy)
  3. Form no.30 duly filled in duplicate
  4. Attested copy of valid insurance certificate
  5. Attested copy of address proof of purchaser
  6. Attested copy of valid Pollution Under Control Certificate
  7. Prescribed fee along with penalty if the transfer of ownership not applied within 14 days from the date of purchase.
  8. Attested copy of PAN Card or Form 60 & 61(as applicable)

Note: Application should be submitted with in 14 days otherwise penalty of Rs 100/- per month will be charged

Note: Attested copy means photo copy attested by MLA/ Nigam Parshad/ Gazetted officer/ notary/ public.

 

Degree of Expression (Cinematography)

Cinematography:

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Cinema when you hear this word everyone is excited about latest flicks, stars, action, songs and what not. The world is surrounded by huge some of entertainment channels one of it is cinema or call it movies. The art of making films, shooting, picturising is called as cinematography including both making and development of the film, the person who makes films are called cinematographers or film directors.

Now a day’s people say that the olden day’s pictures are far better than the present ones as they had a lot of meaning in them and most importantly they were clean without much lascivious acts or too much action. When compared to the yester year movies there is a lot of change in the attitude of the makers of the movie and to that extent even viewers call it due to globalization or technical advancement of film making. Movies now are not in a position to be watchable with the family, they have been divided into A, U/A, S,U categories respectively.

Coming to the governing and stabilizing part of movies there is a body called Central Board of film Certification. This statutory body is created under Ministry of information and broadcasting which administers and governs the publishing of films under the provisions of “Cinematography act 1952”.

The board consists of Non-official members who are selected by the central government from all walks of people with knowledge and proficiency. It has its headquarters in Mumbai with nine regional councils in Chennai, Kolkata, Hyderabad, Delhi etc, the certification process of the films is done according to the Cinematography (certification rules) 1983 under the cinematography act 1952 and the guidelines issued by the government under Sec 5(b).

The purpose of protecting culture and society was given to the board under the said act the act was passed with provisions for certification of films for exhibitions by means of cinematograph but this body had often been challenged for imposing unnecessary and unreasonable restrictions, taboos under the veil of protecting culture.

Most of the time we hear the word obscenity in movies but the degree of obscenity is changes with the changing mindsets of the people, at one point of time which was wrong a greater obscene it isn’t now so the courts after going through several cases laid on this issue and has given the test of obscenity in Hicklins case  in this case the issues were concerned are that the tendency of the matter charged as obscene is to deprave and corrupt those whose minds are open to such immoral influences because it is quite clear that it would suggest to the minds of young or to person of more advanced years, thoughts of a most impure and libido character.

In Samaresh bose and others v amal mitra the matter concerned was that when the judge in deciding the degree of obscenity he should place himself in the position of the author.

Sec 5(a) of the Cinematography act 1952 the applicant or any distributor to whom rights in the film has been passed shall not be punished under any law relating to obscenity for which certification has been granted, it is this positive right vested into the moviemakers for which he cannot be punished. So according to the said provision the board has to be careful in giving the requisite certificate before giving the rights of publishing because once the rights are given the burden shifts on the board and not on the film maker to prove innocence.

To conclude the degree of obscenity is in the minds of film maker and the viewers, each one has his own right to express his views in our country but people should keep in mind this proverb “ The right to swing my fist ends where the other mans my nose begins”.

By-Taruni Banda

Tax Slabs and Calculation of Income Tax

The tax rates of the financial year 2014-15:-

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All the Rows are called as slabs that is slab one, two, three etc.

i. Income-tax: Tax slab for individuals

 

Income Slabs

Income Tax Rate

i.

Where the total income does not exceed Rs. 2,00,000/-.

NIL

ii.

Where the total income exceeds Rs. 2,00,000/- but does not exceed Rs. 5,00,000/-.

10% of amount by which the total income exceeds Rs. 2,00,000/-. 
Less: Tax Credit – 10% of taxable income upto a maximum of Rs. 2000/-.

iii.

Where the total income exceeds Rs. 5,00,000/- but does not exceed Rs. 10,00,000/-.

Rs. 30,000/- + 20% of the amount by which the total income exceeds Rs. 5,00,000/-.

iv.

Where the total income exceeds Rs. 10,00,000/-.

Rs. 130,000/- + 30% of the amount by which the total income exceeds Rs. 10,00,000/-.

Surcharge: 10% of the Income Tax, where total taxable income is more than Rs. 1 crore.

Education Cess: 3% of the total of Income Tax and Surcharge.

 

 

II.Tax slabs for individuals who are resident in India above 60yrs but below 80yrs:- (Senior Citizens)

 

 

ate

i.

Where the total income does not exceed Rs. 2, 50,000/-.

NIL

ii.

Where the total income exceeds Rs. 2,50,000/- but does not exceed Rs. 5,00,000/-

10% of the amount by which the total income exceeds Rs. 2,50,000/-.

iii.

Where the total income exceeds Rs. 5,00,000/- but does not exceed Rs. 10,00,000/-

Rs. 25,000/- + 20% of the amount by which the total income exceeds Rs. 5, 00,000/-.

iv.

Where the total income exceeds Rs. 10,00,000/-

Rs. 125,000/- + 30% of the amount by which the total income exceeds Rs. 10, 00,000/-.

Surcharge: 10% of the Income Tax, where total taxable income is more than Rs. 1 crore.

Education Cess: 3% of the total of Income Tax and Surcharge.

 

The above table consists of tax slabs for persons who are above 60yrs who are termed as Senior Citizens. I would like to explain the calculation of tax here.

In the first slab a relaxation up to Rs.2, 50,000 is given to Senior Citizens so no tax I levied up to Rs.2, 50,000 for them.

Coming to the second slab where the total income exceeds Rs.2,50,000 but does not exceed Rs,500,000 then the tax is 10% of the amount by which the total income exceeds Rs.2,50,000 but does not exceed Rs.5,00,000 i.e. if suppose the income is Rs.2,60,000 then the tax is Rs.2,60,000 * 10% which is Rs. 26,000.

Coming to the next  third slab where the total income exceeds Rs.5,00,000 but does not exceed Rs10,00,000 then the tax calculated is as follows i.e. if suppose the income is Rs.5,50,000 then the tax calculated is Rs.25,000 which is taken from the previous slab and then 20% of the amount which is exceeded by Rs.5,00,000, here the amount  which is exceeded by 5,00,000 is Rs.50,000 so the tax is Rs.25,000+50,000*20%=Rs.35,000.

Coming to the fourth slab where the total income exceeds Rs.10,00,000 the tax is calculated as follows Rs.1,25,000à(5,00,000-10,00,000=5,00,000*20%=100,000 taken from 3rd slab+25000 taken from 2nd  slab)  plus 30% of the amount which  exceeds Rs10,00,000 i.e. if the income is Rs10,50,000 then the tax to be paid is 1,25,000+50,000*30%= 140,000.

 

III.Tax slab for individual residents who are above 80yrs: – (Super Senior Citizens)

 

Income Slabs

Income Tax Rate

i.

Where the total income does not exceed Rs. 5,00,000/-.

NIL

ii.

Where the total income exceeds Rs. 5,00,000/- but does not exceed Rs. 10,00,000/-

20% of the amount by which the total income exceeds Rs. 5,00,000/-.

iii.

Where the total income exceeds Rs. 10,00,000/-

Rs. 100,000/- + 30% of the amount by which the total income exceeds Rs. 10,00,000/-.

Surcharge: 10% of the Income Tax, where total taxable income is more than Rs. 1 crore.

Education Cess: 3% of the total of Income Tax and Surcharge.

 

 

The Method of Calculation of tax Shown for the Senior Citizens is also to be applied in all the rest cases above.

 

iv. Co-Operative Societies:

 

Income Slabs

Income Tax Rate

i.

Where the total income does not exceed Rs. 10,000/-.

10% of the income.

ii.

Where the total income exceeds Rs. 10,000/- but does not exceed Rs. 20,000/-.

Rs. 1,000/- + 20% of income in excess of Rs. 10,000/-.

iii.

Where the total income exceeds Rs. 20,000/-

Rs. 3.000/- + 30% of the amount by which the total income exceeds Rs. 20,000/-.

Surcharge: 10% of the Income Tax, where total taxable income is more than Rs. 1 crore.

iii. Education Cess: 3% of the total of Income Tax and Surcharge.

 

V. Firm

i. Income-tax: 30% of total income.

ii. Surcharge: 10% of the Income Tax, where total taxable income is more than Rs. 1 crore.

iii. Education Cess: 3% of the total of Income Tax and Surcharge.

 

VI. Local Authority

i. Income-tax: 30% of total income.

ii. Surcharge: 10% of the Income Tax, where total taxable income is more than Rs. 1 crore.

iii. Education Cess: 3% of the total of Income Tax and Surcharge.

 

VI. Domestic Company

i. Income-tax: 30% of total income.

ii. Surcharge: The amount of income tax as computed in accordance with above rates, and after being reduced by the amount of tax rebate shall be increased by a surcharge

  • At the rate of 5% of such income tax, provided that the total income exceeds Rs. 1 crore.
  • At the rate of 10% of such income tax, provided that the total income exceeds Rs. 10 crores.

iii. Education Cess: 3% of the total of Income Tax and Surcharge.

 

VII. Company other than a Domestic Company

i. Income-tax:

  • @ 50% of on so much of the total income as consist of (a) royalties received from Government or an Indian concern in pursuance of an agreement made by it with the Government
    or the Indian concern after the 31st day of March, 1961 but before the 1st day of April, 1976; or (b) fees for rendering technical services received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 29th day of February, 1964 but before the 1st day of April, 1976, and where such agreement has, in either case, been approved by the Central Government.
  • @ 40% of the balance

ii. Surcharge: The amount of income tax as computed in accordance with above rates, and after being reduced by the amount of tax rebate shall be increased by a surcharge as under

  • At the rate of 2% of such income tax, provided that the total income exceeds Rs. 1 crore.
  • At the rate of 5% of such income tax, provided that the total income exceeds Rs. 10 crores.

iii. Education Cess: 3% of the total of Income Tax and Surcharge.

 

Credits for the tax tables:-Finotax

 

-By Taruni Banda

Being Gay

I remember a nursery rhyme, “Work while you work, Play while you work, this is the way to be happy and gay.” I guess I was 5 years of age or maybe 6 when I used to recite this rhyme. For me, when I was happy, I was gay. When my heart was filled with joy, I was gay, of course. Now when I am nineteen, even the thought of being gay scares me.

With the ascending progress in age stems change, physical and intellectual. The bodily development is inevitable but, the understanding part is now a problem for me. This has infringed my right to be ‘GAY’. I want to be GAY, but this may be embarrassing. Society may not accept me. The reason lies in being GAY; GAY is somebody who is homosexual or, someone to whom the same sex attracts.

The principle of magnets states that opposites attract. The customary system of making love demands opposite sexes too. Nature demands a sexuality which is straight. Hence, the idea of being GAY fails everywhere. Finally, the idea of calling yourself GAY is offensive. Moreover, calling somebody GAY is implied as abusing someone. A part of the society though demands safeguards for the rights of that part of society and, fortunately has succeeded at few places and many more milestones are to be achieved. But, GAY is an abusive and offensive term, this cannot be ignored. The evidence is truth, since, what the society accepts and what the majority consents to is truth.

The query which now haunts my mind is the peculiarity of English language. Why does this language have such a homonym? Isn’t this a violation of rights of the word “GAY” which resides in English vocabulary? When one wishes to say I am Gay, meaning I am happy; isn’t the social factor haunting the vocal cords of that individual every time? The problem is more social and emotional, than literal.

Gays are never meant to be Gay.  You are dog would be more acceptable to me, than you are a gay. Surprisingly, this (GAY) term neither turns one an alien or a monster. Nor does this indoctrinate all the good qualities in a human being. A human being is always a human being who has the right to live with dignity; the virtue of being human grants one with this right. Being human we have the right to live with dignity and let others live with dignity. With women rights, the case limits to discrimination but with gay rights, it extends to humiliation. And humiliating a section on the basis of their inclination in my understanding is wrong. Because being GAY is not just being GAY; it’s a revolution. Revolutions have always been welcomed, happily or, reluctantly. One can be anything, GAY or, GAY.

Right To Education

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Education for freedom was organized to promote human right at every level of society. Human right should be a part of not just the law, but everybody’s life style, by working to promote awareness. Education for freedom hopes not only to respond to human rights violations, but to stop them from happening in the first place. A new generation of human rights activities needs education because democracy had been absent for two decades, it had to be re taught and non-violence introduced as an alternative means of change. Only when people know their rights can they stand up for them.
Right to education (RTE) is an Indian legislation enacted by parliament on India on 4 august 2009, which described the modalities of the importance of free and compulsory education for children of 6 to 14 of age in India, under article 21a of the Indian constitution.
India became one of 135 countries to make “education a fundamental right” of every child when the act came in to free on 1 April 2010.
The RTE act 2009 stipulates that private schools reserve 25% of seats at entry level for children belonging to backward group or weaker section. The act originally defined for a child belonging to a backward group as one belong to a SC, ST, socially and educationally backward class or such other group facing disadvantage owing to social cultural, economic, geographical linguistic gender or other similar factor.
Is RTE act working in practice?
In the year 1960, the free mid day meal scheme was introduced for protecting child from hunger, increasing school enrollment and attendance. But this scheme is not carried out properly with lack of quality and hygienic meal which led to death of many children.
The Act has to be effective so that the down trodden children will be benefited. Literacy rate of the youngsters will be directly proportional to the betterment of the country.
Other problem: Various kinds of schools
It’s a strange irony that while on the one hand the government wants to provide quality education to all children, across all barriers, on the other hand it recognizes four kinds of schools under the Right to Education Act.
• Government schools
• Government-aided schools
• Special schools recognized by the government such as kendriya vidyalayas, navodaya vidyalaya and sainik schools. There are others at the state level too
• Private schools
With such a variety of schools, it is only natural that quality of education varies. Once again it boils down to the rich being able to afford better quality education and the poor having to compromise with something inferior.
So what is the need of the day?
Government has to take further steps for the implementation of the act. Some of them are as follows:
• Each state should prepare a set of model rules for the implementation of the right to education, with the participation of the community and other stake holders.
• The government should ensure that all the government schools are well equipped to take in students so that they are not left with the sole choice of going to private schools.
• School management committees should be provided with necessary financial and other support by the state to go about their duties.

By-Samskruthi Mitra

Right to food

Food is the basic necessity to have sustenance of life. We see different sect of people in India, there is a sect of people who have lavish food and who are even ready to waste it in the same of revellers and there are another sect of people who don’t even have their basic meals per day. The point I want to bring to your notice is that do we have the right to food as anyother their right conferred by the constitution and the answer to this question is YES as any other right we Indian even have the Right to food. The supreme court of India in both kishen patinayak and another v state of Orissa and Peoples union for civil liberties v union of India&others has categorically recognised the RTF(Right to food) under the stipulated Article 21 of the constitution and also DPSP(Directive principles of state policy), but another question which arises out of this is against whom is this violation of  Right to food is enforced, is the state or private body our upon our own disability…..

The latest incident about 20 children dead in Bihar due to poisoning of the mid day meals given by none another than the government, who is to be blamed in this the government, the middle men or the children themselves for their own destiny……the right to food does not mean that the government has the obligation to give free food to people it is only when people are deprived of food the government comes into picture to rescue them as said in the above incident.

After all this if u get a doubt on what actually the right to food means? Here is your answer it means the right to get food for themselves with dignity, sufficient food is available and people should have the means to access it which fulfils the requirement of daily calorie intake. The right to food confers on every person the right to be away from hunger, malnutrition, food insecurity.

Every human being is born with the inherent right to food it is generally credited to a famous speech by President Franklin Roosevelt of the U.S.A called the four freedoms- of Speech, of faith, from want, from fear. This is included in the universal declaration of human rights adopted in 1948.

Right to food is included in the international covenant and economic, social, cultural rights and adopted by the U.N general assembly in 1966. A total 156 countries have ratified it upto date. Article 11 of the covenant of economic, social, cultural rights recognises adequate standard of living……including Right of everyone to be free from hunger.

India’s right to food effort accelerated in 2001 with a law suit brought by civil liberties NGO in Rajasthan.

The important thing that has to be noticed by us is that when people certain rights they even do have certain duties and obligations to be fulfilled, fortunately or unfortunately we only remember our rights and not duties so when people have the right to food they even have the obligation not to waste it as they generally do it all sumptuous festivals, ceremonies, amusements. It is to be noticed that a person’s right becomes a duty of others that is if a person has a right to food another person has the duty not to waste it and use it in the proper sense so that it becomes a meal for the needy…

 By-: Taruni Banda