Civil Service Bytes

Sedition is an offence defined in Sec 124 A of the IPC. As per this definition anyone who brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the Government by words spoken or written or by signs or by visible representation or otherwise is guilty of the offence of sedition. The definition is so exhaustive that it does not leave out of its purview any possible mode of self expression, simply by using the words “or otherwise”. The punishment for the offence of sedition is life imprisonment but lesser punishment can also be awarded. Out of the three explanations added to the Section, two seek to clarify that expressing disapprobation of the measures of the Government or administrative action is not an offence. But any attempt to excite contempt, hatred or disaffection will definitely make such permissible disapprobation also liable to be punished. It is the ordinary police constable who will in the first person decide whether a bri...

Police stop demonstrators during a protest against the students of Jawaharlal Nehru University (JNU) outside the university campus in New Delhi, on 15 February, 2016. The University’s Students’ Union President  Kanhaiya Kumar  was remanded to judicial custody for 14 days after being charged under India’s 156-year-old, colonial-era  sedition  law. India’s 156-year-old, colonial-era sedition law–used against arrested Jawaharlal Nehru University Students’ Union President Kanhaiya Kumar–has been discarded by the UK (where punishment once included chopping ears), Scotland, South Korea and Indonesia. Among the countries that hold on to sedition as a criminal act: Saudi Arabia, Malaysia, Iran, Uzbekistan, Sudan, Senegal and Turkey, as this  report   pointed out. The US also has a sedition law , promulgated 218 years ago but with many parts   struck down   over two centuries. Germany keeps a sedition law on its books largely because of post-Nazi sens...

1. Section 124A in Chapter VI of Indian Penal Code deals with the Offence ‘Sedition’. Chapter VI deals with ‘Offences against the State’.  2. The word ‘Sedition’ is not mentioned in 124A. The Section reads as follows; 124-A. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffec­tion towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity. Explanation 2.—Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under ...

After 14 years of debates and several draft Bills, the government has responsed to frame a law on passive euthanasia, the act of withdrawing medical treatment with the deliberate intention of causing the death of a terminally ill patient, but it says that its “hands are stayed” because of pending litigation in the Supreme Court on mercy killing. The affidavit filed by the Union Health and Family Welfare Ministry in the Supreme Court provides the first clear insight into whether the government considers euthanasia (which means “good death”) as manslaughter or an act of mercy. Expert panel The Ministry informed the Court that an expert panel had made changes and cleared the formulation of a law on passive euthanasia after extensive debates from July 2014 to June 2015. Change in stand Government in 2006 said: Euthanasia is against the hippocratic Oath, Medical science cannot indulge in Intentional killing. Now in 2016,  government is saying –  Formulate legislation ...

The Juvenile Justice (Care and Protection of Children) Act, 2015 has come into force . It has replaced the Juvenile Justice (Care and Protection of Children) Act, 2000 Highlights of the Act: Provides for strengthened provisions for both  children in need of care and protection  and  children in conflict with law. Change in nomenclature  from ‘juvenile’ to ‘child’ or ‘child in conflict with law’. Inclusion of several new definitions such as  orphaned, abandoned and surrendered children ; and petty, serious and heinous offences committed by children. Clarity in powers, function and responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC) Separate new chapter on Adoption to streamline adoption of orphan, abandoned and surrendered children; Inclusion of new offences committed against children. Mandatory registration of Child Care Institutions. Special provisions have been made to tackle child offenders committi...

The Juvenile Justice (Care and Protection of Children) Act, 2015 has come into force from today and repeals the Juvenile Justice (Care and Protection of Children) Act, 2000. The Juvenile Justice (Care and Protection of Children) Bill, 2015 was passed by Lok Sabha on 7 th   May, 2015; was passed by Rajya Sabha on 22 nd   December, 2015 and received Presidential assent on 31 st   December, 2015.   The JJ Act, 2015 provides for strengthened provisions for both children in need of care and protection and children in conflict with law. Some of the key provisions include: change in nomenclature  from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act  to remove the  negative connotation  associated with the word “juvenile”;    inclusion of several new definitions such as  orphaned, abandoned and surrendered children ; and petty, serious and heinous offences committed by children;    clarity in powers, func...

In a bid to undo historical injustice meted out to primitive tribal communities living in central India, the government of Madhya Pradesh has for the first time recognised the habitat rights of seven villages in Dindori district, mostly inhabited by the Baigas. In a meeting held in village Rajni Sarai on January 13, the district administration told the villagers they are free to access all their ancestral rights over land and forests. The administration also assured them that the government will not be able to transfer any land for non-community uses without “consent”. District Collector Chhavi Bhardwaj, who started the process of recognising habitat rights in 2014, told  Down To Earth that around 9,308 hectares in the seven villages—Dhaba, Rajni Sarai, Dhurkutta, Limauta, Jilang, Silpidi and Ajgar—have been granted to about 900 families under Section 3 (1) d of Forest Rights Act, 2006. Ekta Parishad, a non-profit based in Tilda in Chhattisgarh, was instrumental in en...

Supreme court to parliament    Crimes against children was an indication of the abysmal depths to which society is falling. Rape of infants and children below 10 years was nothing but brutal perversion. It asked Parliament to enact a separate law providing for harsh punishment. This is the first time the Supreme Court has distinguished infants and children below 10 from the general description of “minors” given by law to anyone below the age of 18. Parliament had to separately define the word “child” in terms of rape. The court pointed out how  Section 376 (2) (f)  of the Indian Penal Code only talked of rape of a “woman below 12 years of age.” The Code had no specific provision dealing with punishment for raping a girl below 10 and infants. It argued that a special Act like  Protection of Children from Sexual Offences Act (POCSO), 2012   has not been able to prevent crimes against the children from rising. IPC Section 376 (2) (...

Election Commission has said its proposal to bring a law to prohibit electoral trusts from accepting funds from foreign sources is being actively considered by the government. At present, electoral trusts can raise funds from foreign sources as they are not expressly prohibited under law.  The Commission had recommended to the Finance and Law Ministries to make specific law prohibiting electoral trusts accepting funds from foreign sources so that they are not able to transfer the funds to political parties. The issue came up for discussion at a recent meeting between the Election Commission and  the Law Ministry. What is Electoral trust? Electoral Trust is a Section 25 Company or a non-profit company created in India for orderly receipt of the voluntary contributions from any person and for distributing the same to the respective political parties, registered under Section 29A of the Representation of People Act, 1951. The objective of the Electoral Trust is not ...

The President of India has promulgated the Enemy Property (Amendment and Validation) Ordinance, 2016 on January 07, 2016 to make amendments to the Enemy Property Act, 1968. The amendments through the Ordinance include that once an enemy property is vested in the Custodian, it shall continue to be vested in him as enemy property irrespective of whether the enemy, enemy subject or enemy firm has ceased to be an enemy due to reasons such as death etc; that law of succession does not apply to enemy property; that there cannot be transfer of any property vested in the Custodian by an enemy or enemy subject or enemy firm and that the Custodian shall preserve the enemy property till it is disposed of in accordance with the provisions of the Act. The above amendments to the Enemy Property Act, 1968 will plug the loopholes in the Act to ensure that the enemy properties that have been vested in the Custodian remain so and they do not revert back to the enemy subject or enemy firm. The Enemy...

Integrated Criminal Justice System (ICJS) Integrated Criminal Justice System (ICJS) to integrate CCTNS with E-Courts Implemented by Ministry of Home Affairs for a major revamp of the Crime and Criminal Tracking Network and Systems (CCTNS) Objective Ensure quick data transfer among pillars of criminal justice system To bring transparency and reduce processing time Aligned with vision of Smart Policing and Digital India of the Government Number of services will be enabled through citizen portal Services include- Police Verification for various purposes including passport verification Reporting a crime including cyber-crime Online tracking of the case progress Online reporting of grievances against police officials Accessing victim compensation fund and legal services etc. Digitize data related to FIR registration, investigation and charge sheets in all Police Stations Major Components includes Citizen Portal having interfaces with various e-governance projects like Aad...

Highlights of the Bill  The Bill amends the Constitution to introduce the goods and services tax (GST).  Parliament and state legislatures will have concurrent powers to make laws on GST. Only the centre may levy an integrated GST (IGST) on the interstate supply of goods and services, and imports.  Alcohol for human consumption has been exempted from the purview of GST. GST will apply to five petroleum products at a later date.  The GST Council will recommend rates of tax, period of levy of additional tax, principles of supply, special provisions to certain states etc. The GST Council will consist of the Union Finance Minister, Union Minister of State for Revenue, and state Finance Ministers.  The Bill empowers the centre to impose an additional tax of up to 1%, on the inter-state supply of goods for two years or more. This tax will accrue to states from where the supply originates.  Parliament may, by law, provide compensation to states for any loss of re...