Euthanasia.

We all love our lives more than any other thing and the ultimate fear inside any human being is the fear of death. But it sometimes happens so that one develops a fear of remaining alive. It may happen due to any reason like ultimate pain and suffering, loss of essence of life, and many such to state. It only happens so that a person desires death over life, when his psychological condition worsens due to any reason or another. Cases of suicides are results of such psychologically unsound backdrops. Sometimes, situations arise when it happens so that staying alive becomes more painful than death and there comes into picture the concept of ‘Euthanasia’.
The Black’s Law Dictionary defines Euthanasia as “The act or practice of killing or bringing about the death of a person who suffers from an incurable disease or condition, esp. a painful one, for reasons of mercy.”
It has been a topic of continuous debates that whether or not the practice of euthanasia humane?
The people in for of practice of Euthanasia argue that mercy killing is because of pain and psychological & physical suffering and should be practiced and the utilitarian argument is that euthanasia is desirable because it relieves the misery of the terminally ill, however people in against argue that killing is morally wrong and is forbidden by religion and unexpected cures or procedures may be discovered to reverse the 'terminal' condition. Now that I have stated something about religion, let me further state that Buddhist, Shintoist, and Confucianist religions support Euthanasia. The concept of Euthanasia circles the patients in a persistent vegetative state who are awake but are not aware of self or the environment. Such patients have no higher brain functions and are kept 'alive' on artificial life support like respirators, heart-lung machine, and intra-venous nutrition and patients in terminal illness with a lot of pain, psychological suffering and loss of dignity. The patients may or may not be on life-support.
There are two types of Euthanasia, viz.
1.    Active Euthanasia: Active euthanasia is taking some action that leads to death like administration of a fatal injection.
2.    Passive Euthanasia: Passive euthanasia is an act of omission, i.e. letting a person die by taking no action to maintain life. It can include withholding or withdrawing water, food, drugs, medical or surgical procedures and resuscitation like CPR, and life support such as the respirator. The patient is then left to die from the underlying disease. Euthanasia can be by the patient or by the health care giver. Euthanasia can be voluntary when the patient takes the decision, non-voluntary when the decision is made by another person for an unconscious patient and involuntary when the decision is made contrary to the patient's wish.

Today Several states have begun to consider legislation that would legalize active voluntary euthanasia.
Medical science and technology have made great advancements in recent years. The medical profession has today more power over life and death than they had some decades ago. They have power to prolong life where life seems to have lost its meaning and have power to terminate life without suffering. There are many points of view on euthanasia, legal, social and compassionate.
The debate on Euthanasia has again become a live issue in India as the Supreme Court of India in 1994 passed a verdict that attempted suicide is not a crime. According to the Indian Penal code, which was mainly adopted from British Penal Code, attempted suicide was a crime, punishable with years of imprisonment. With the recent medical knowledge gained by researchers and the opinions expressed by eminent psychiatrists all over the world, the judges in their verdict were sympathetic to those who attempted suicide. The Supreme Court of India is the highest court, authorised to interpret the constitution of India for legal matters. They gave the verdict that attempting suicide is a mental derangement and hence not to be considered as a crime. Thus it can be interpreted that euthanasia is social approval for committing suicide or assisted suicide.
In the case of Aruna Shanbag, the question arose before the Supreme Court, whether permission to Euthanasia should be granted or not. Aruna Shanbag was a nurse from Haldipur, Shimoga, Karnataka. In 1973, while she was working at King Edward Memorial Hospital, Parel, Mumbai she was assaulted and sodomized by a Sohanlal Bhartha Walmiki, a ward boy at the hospital which cause serious injuries to her brain and cervical cord due to which she became cortically blind and since that day she has been in a vegetative state for 36 years now. The doctors who have been treating her since the last 36 years said that Aruna Shanbag is brain dead and there is no chance of her getting recovered. She has been lying unconscious in a Mumbai Hospital for the last 36 years. The Supreme Court said that under the country’s law, they cannot allow a person to die and rejected the plea for euthanasia raised by one of Aruna’s friend Pinki Virani.
Not only in the case of Aruna Shanbag but also in a couple of other cases, The Supreme Court of India rejected the Euthanasia pleas on the ground that the law of the land doesn’t permit the court even to allow someone end his life.
If we think logically, we can infer that especially in a country like India, where there is already paucity of resources, patients who cannot be revived should be allowed euthanasia, because firstly this will end their personal pain and suffering and secondly it will end the suffering of his near and dear ones who feel it most challenging to see him in that stage, lying like a dead body with nothing more than the heart beating.
To conclude, the legislation should make laws governing the concept of Euthanasia, but such law should be so strict and strong that no one can misuse it in any way.

-Krishanu Ray

C E D A W

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the United Nations General Assembly in 1979 and enforced on 3rd September, 1981. It is an international law which has recognized rights of women. Many countries have signed and ratified this convention subject to certain declarations, objections and reservations till date.
This convention was based on the idea to ‘bridge the gap’ between people on the basis of sex which is prevalent in most of the countries.
The convention in its first chapter, reads as “The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women, a body established in 1946 to monitor the situation of women and to promote women's rights. The Commission's work has been instrumental in bringing to light all the areas in which women are denied equality with men. These efforts for the advancement of women have resulted in several declarations and conventions, of which the Convention on the Elimination of All Forms of Discrimination against Women is the central and most comprehensive document.”
The convention is beautifully divided into 6 parts containing 30 articles in toto. All the members of the UN General Assembly have ratified the convention except seven states including the states of Iran, Nauru, Palau, Somalia, Sudan, Tonga, and the United States
By ratifying the convention the states undertake the following:
•    to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
•    to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and
•    to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.
Article 1 of the convention defines what discrimination means. It states that “For the purposes of the present Convention, the term ‘discrimination against women’ shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”
Article 3 states that the state parties shall take all necessary steps to ensure full development and advancement of women. And further article 6 states that States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
Part II of the convention deals with political empowerment of women in the party states. Part III confers Educational, Employment, Health, Economic and Social rights on women. Article 15 envisages equality before law regarding women and article 16 deals with elimination of discrimination against women relating to matters regarding marriage and family relations.
Under article 17, the CEDAW establishes a committee called the Committee on the Elimination of Discrimination against Women under which 23 experts are appointed to deal with women’s issues. The committee consists of one chairperson, 3 vice chairpersons and other members with tenure of 4 years. As on January, 2007, Croatia was the chairperson of the Committee.
Upon ratification of CEDAW the Indian Government has made many legislations for upliftment of women. Although clear application of CEDAW by Indian Judiciary is not visible, the policies under the CEDAW are given due respect by the judiciary. The Supreme Court of India has issued certain directives to the state governments to ensure that all necessary action, including legislation, be taken to make registration of marriages compulsory.
In India the following cases have reference to CEDAW:
1.    Sakshi –Vrs.- Union of India & ors.:- The case involved public interest litigation by a welfare organization concerning the India Penal Code's classification of various sexual offenses (namely those other than penile/vaginal penetration) as lesser offenses. The Court ultimately refused to strike down the provision but suggested that the legislature ought to respond to the problem. The appellants referred to several conventions, including CEDAW, which were ratified by the state. Such ratification had "created a legitimate expectation" that the State would adhere to its international commitments. The existing interpretation of rape, sought to be imposed by the respondent authorities, was in complete violation of such International commitments as have been upheld by the court.
2.     Municipal Corporation of Delhi –Vrs.- Female Workers (Muster Roll):- Female workers of the Corporation sought maternity leave under the Maternity Benefit Act 1961 which was denied because they were not "regular" employees. As India is a signatory of CEDAW, Article 11 of the Convention which governs marriage and maternity was read into the contract of service between the Corporation and the women employees and the employees immediately became entitled to all the benefits conceived under the Maternity Benefit Act 1961.
3.    Githa Hariharan & Another –Vrs.- Rserve Bank of India: Challenge to Hindu law which held that a mother could be the guardian of a child "after" the father. The court resolved the situation by holding that "after" did not exclusively mean death but could include a variety of situations. The court stated that the domestic courts are under an obligation to give due regard to international conventions and norms for construing domestic laws when there is no inconsistency between them.
4.    Vishaka & Ors. –Vrs.- State of Rajasthan & Ors.:- Following a brutal gang rape of a publicly-employed social worker in a village in Rajasthan, a group of activists and NGO's filed a class action under Art 32 of the Constitution seeking the court's enforcement of the fundamental rights provisions relating to working women, and India's international obligations under Arts 11 and 24 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The SC held that any international convention not inconsistent with the fundamental rights guaranteed in the Constitution and in harmony with its spirit must be used to construe the meaning and content of the constitutional guarantee and to promote its object; this is now an accepted rule of judicial construction. It follows that Arts 11 and 24 of CEDAW, General Recommendations Nos. 22, 23 and 24 of the CEDAW Committee, relating to sexual harassment in the workplace, may be relied upon to construe the nature and ambit of the gender equality guarantee and, since the guarantee includes protection from sexual harassment and the right to work with dignity, to formulate preventive guidelines. The court issued a series of guidelines to be observed at all workplaces or other institutions for the preservation and enforcement of the right to gender equality of working women.
5.    Apparel Export Promotion Council –Vrs.- A.K. Chopra:- Appellant alleged attempted sexual molestation, but because no actual molestation had occurred, appellant was dismissed. The court held that this was error and any distinction between attempted and actual molestation "rebeled against realism." The court stated that the message of CEDAW and other international agreements was to direct state parties "to take appropriate measures to prevent discrimination of all forms against women besides taking steps to protect the honour and dignity of women." Such international agreements must be applied when there is no inconsistency between the conventions and the "norms and the domestic law occupying the field.

CEDAW was also brought into application in the cases of Masilamani Mudaliar & Ors –Vrs.-  Idol of Sri Swaminathaswami Thirukoil; Valsamma Paul –Vrs.-  Cochin University & Ors and Kerala Public Service Commission –Vrs.-  Dr. Kanjamma Alex.

Thus it can be said in conclusion that the application of the CEDAW in India is although not very frequent but it is taken into account when any central or state legislation falls short in imparting justice.

-Krishanu Ray

Understanding the concept of IP rights.

The most remarkable difference between the law of society and the law of jungle can be traced out through analysis of the principle of ‘Rights’.
The Black’s Law Dictionary defines Rights as “Something that is due to a person by just claim, legal guarantee, or moral principle” or “A power, privilege, or immunity secured to a person by law”. So, it means that ‘right’ is what you have by the virtue of being a member of the human society.
In the modern society in addition to different other basic rights like rights to life, liberty, freedom, education, some more rights have started getting recognition. These rights are although not necessary for survival but may be necessary for finding a means of survival. The Intellectual Property Right is one such right.
Let us now delve into the concept of Intellectual Property Rights, commonly known as IPR. To begin with, I would first like to quote the definition of Intellectual Property as given in the Black’s Law Dictionary. It reads as “A commercially valuable product of the human intellect, in a concrete or abstract form, such as a copyrightable work, a protectable trademark, a patentable, Invention, or a trade secret.” In simple words, intellectual property is anything which is the creation of a human mind, either tangible or intangible. E.g. any literary, dramatic, artistic, cinematographic work; a trade secret or a mark used to make one’s product identifiable; or any new invention; design of a particular article, building, dam, bridge etc.
Moving on to the legal aspects of intellectual property, it can be mentioned that in present era the protection of these intellectual property rights have become as important as protection of fundamental rights.
In this article I will limit myself only to the Indian scenario of IPR.
Protection of Intellectual property rights means to ensure that no one else other than the creator can reproduce the creation to which the right pertains, without sanction of the creator. It is as simple as, I have right to restrain any one from staying on my property without my permission, either express or implied.
In India, different statutes deal with protection of different kinds of Intellectual Property Rights.
Let me first categorize the intellectual property rights under 5 major heads, viz..
1.    Copyright.
2.    Trademarks.
3.    Patents.
4.    Designs.
5.    Other IP Rights.
Copyright:
It is a right in context of works like literature, art, drama, cinema, sound recordings, video footage etc.
The copyright is dealt with by the Copyright Act, 1957.
Most importantly, it first defines the term ‘author’, i.e. the person who holds the copyright.
Under section 2(d), Author means-
1.    in relation to a literary or dramatic work, the author of the work;
2.    in relation to a musical work, the composer;
3.    in relation to an artistic work other than a photograph, the artist;
4.    in relation to a photograph, the person taking the photograph;
5.    in relation to a cinematograph or sound recording the producer; and
6.    in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;
Anyone in the territory of India can apply for getting his or her work registered with the registrar of copyrights and can get copyright on that work.
Copyright also subsists in the works like broadcasts, performances, government works etc.
Chapter 5 of the act deals with terms of copyright in different works. The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.
The act provides for provisions regarding assignment and licensing of the copyright by agreement.

Trademarks:
Trademark related rights are governed by the Trademarks Act, 1999.
A trademark is a mark used to distinguish one’s goods and services from that of others. Some examples of well known trademarks are SONY, TATA, Reliance, Parle, Bajaj, Mahindra & Mahindra, Rin, Tide, Britannia etc.
Let me now analyze why protection of trademarks is necessary.
Brands and trade names are associated with the quality of product and services offered by them. If we ever think of buying a T.V, best electronic brands like Sony, Samsung, LG etc. come into our minds. So, we choose any one based on the reputation and quality and buy it. Supposing that one Mr.X, from New Delhi sets up a small workshop and starts manufacturing T.V’s using substandard components and affixes a sticker of ‘Sony’ on them before selling them in the market. We as buyers come under the misconception that the T.V we are buying is manufactured by the famous brand Sony and we buy it. After a few days the T.V starts giving trouble, and we start thinking that ‘Sony T.V’ are not good. Wouldn’t it harm the reputation of Sony?
Yes it would. In this case despite of rendering the best quality products to the consumers, Sony would suffer.
This is the very basic reason for protection of Trademarks.
Trademarks can be registered under the Trademarks Act, with the registrar of Trademarks.

Patents:
Patents are granted to the inventors of a thing who prove that their invention is novel, non-obvious, and capable of industrial application. But then, all inventions, even if complying by the above requirements, cannot be patented. Such exceptions include:
1.    Invention relating to Atomic Energy.
2.    A mere admixture of two known substances.
3.    A mathematical formula.
4.    A method of playing game.
5.    Discovery of any living or non-living substance in nature.
6.    A mere arrangement or rearrangement of instruments.
7.    A diagnostic, medical, surgical process or a process of physiotherapy.
8.    Plants and animals in whole. Etc.
Patent can be obtained from the registrar of patents after going through a long procedure which takes years.

Designs:
Think if someone copies the words another has written in his answer sheet, what will happen?
The answer is simple that he also will get same marks as the one who has originally written it.
The same concept applies here. If I make a design and another person copies it, the value of my design is bound to go down. More over if the copied design is sold at a lower price than the original design, which one is going to get sold first? Again the answer is obvious that the one which is a copy of the original.
Thus designs also need to be protected.

Other Intellectual Property Rights:
Some other such rights are geographical indications, farmers’ rights, integrated circuit layouts etc.

For protecting the rights, the statutes have been enacted, but how do these protect the rights?
These statutes protect the rights in a two-fold way.
a.    By registering.
b.    By punishing for infringement.
Infringement means- “An act that interferes with one of the exclusive rights of a patent, copyright, or trademark owner”
Thus when any person without the permission of the owner of an IP right, uses, copies, publishes, duplicates, or sales the subject matter of such right, he is held guilty of infringement.
For punishing the infringer and remedy the aggrieved party, there are three modes in general:
1.      Civil remedy:- it includes payment of compensation by the infringer to the person whose right has been infringed. The aggrieved party can either ask for the loss or damage he has suffered or for the account of profit the infringer has made.
2.    Criminal Remedy:- it includes imprisonment of the infringer. Sometimes the loss due to infringement is irreversible and in such cases, this is the best possible remedy.
3.    Administrative Remedy:- it includes seizure of the infringing copies, delivery up of such copies, Anton Piller orders etc.

To conclude, IP rights have become as important as other fundamental rights and protection of these rights must be a great concern for developing countries like India. It was said by Albert Einstein that: 

                 

   "Imagination is more important than knowledge."

And thus one’s imagination and product of such imagination must be duly respected.

-Krishanu Ray

The Concept of PIL- A cruise through

Public Interest Litigation i.e. PIL, as it is commonly known, is a principle envisaged under Article 32 of the Indian Constitution. As the name suggests, the concept of PIL is developed to support litigation concerning public interest. To make it simpler, it can be said that this refers to certain litigations which are fought for common interest of public and includes such issue or issues which are of great concern for people at large. PIL’s are filed in the form of Writs under article 32 of the Constitution of India in Supreme Court, although it can also be filed in High Courts, again as writs but under article 226. Issues relating to environment degradation, pollution, public transport, education system etc can be some good examples of issues under the purview of PIL.

While tracing the origin of PIL in India, a great emphasis can be laid down on the works of Justice P.N Bhagwati and Justice V.R Krishna Iyer, who were among the first judges to admit PIL. It is believed that the process of filing of PIL may be just equated with that of writing a letter. Instances are evident that PIL’s have been filed through telegrams and letters addressed to courts. But this wasn’t the situation before 1980’s when only the private aggrieved parties could knock the door of the courts. The system was far rigid than the system prevailing in present days. The entire scenario changed in the post emergency era when Supreme Court started thinking on the matter as to how can general public approach the court without crossing the hassles of needless barriers.

However an analysis of the history of PIL’s reveal that it is the very recent time in which the machinery of PIL has actually unfolded itself and has brought in revolution in the strata of public welfare. It has only been some years that certain vigilant members of the public have dragged into sight of the courts some very serious matters pertaining to public good. The court machinery is presumed to be the most effective machinery for enforcement of rights. So it is very necessary that courts look into PIL’s very cautiously so that any kind of injustice can be avoided. A wrong decided PIL would not only effect the life of one person or some persons, but may bring disasters into the lives of many people altogether.

Howsoever, the term PIL has not been defined under any statute. Generally PIL can be filed in the following cases:

-Violation of fundamental rights enshrined under the Constitution  of India;

-Against Government policies;

-For compelling public offices to abide by duties;

-Environmental issues including Pollution;

-Any other matter which involves interest of common people at  large.

Now taking a brief look at the major PIL’s filed in India we may enlist the following cases:

•    TAJ POLLUTION MATTER

•    GANGA POLLUTION MATTER

•    VEHICULAR POLLUTION IN DELHI

•    POLLUTION BY INDUSTRIES IN DELHI

•    POLLUTION IN RIVER YAMUNA

•    POLLUTION IN NOIDA, GHAZIABAD AREA

•    NOISE POLLUTION BY FIRECRACKERS

•    IMPORT OF HAZARDOUS WASTE

•    POLLUTION IN PORBANDAR, GUJARAT

•    MANAGEMENT OF MUNICIPAL SOLID WASTE

•    MANAGEMENT OF SOLID WASTE IN CLASS-I CITIES

•    POLLUTION IN MEDAK DISTRICT, ANDHRA PRADESH

•    POLLUTION BY CHEMICAL INDUSTRIES IN GAJRAULA AREA

•    POLLUTION IN RIVER GOMTI

Now moving on to some important case filed and decided in the form of PIL, the case of M.C.Mehta –Vrs.- Union Of India, (Oleum Gas leak case), deserves the first mention.

In this case one Mr. M.C.Mehta, an Advocate filed a PIL on observing that due to leaking Oleum gas from the plant of Sriram Foods and Fertilizers Industry many persons in Delhi have to be hospitalized. The case stood on the principles of absolute liability and it was pleaded that the due to the gas leak the people’s fundamental right to life enshrined under article 21 of the Constitution is at stake. A reference was also made to the most celebrated case of Rylands –Vrs.- Fletcher, relating to strict Liability.

The supreme Court passed an appropriate order in the case and stated that:

“Since we are not deciding the question as to whether Shriram is an authority within the meaning of Article 12 so as to be subjected to the discipline of the fundamental right under Article 21, we do not think it would be justified in setting up a special machinery for investigation of the claims for compensation made by those who allege that they have been the victims of oleum gas escape. But we would direct that Delhi Legal Aid and Advice Board to take up the cases of all those who claim to have suffered on account of oleum gas and to file actions on their behalf in the appropriate court for claiming compensation against Shriram. Such actions claiming compensation may be filed by the Delhi Legal Aid and Advice Board within two months from today and the Delhi Administration is directed to provide the necessary funds to the Delhi Legal Aid and Advice Board for the purpose of filing and prosecuting such actions.”

In another Case of M.C. Mehta –Vrs.- Union of India, the issue of Pollution near Taj Mahal was raised.

It was observed that due to increasing pollution levels in air, the colour of Taj Mahal is getting yellow. The Supreme Court, in this court has issued directives to ascertain that pollution in the places surrounding the Taj Mahal be reduced to minimum possible level so that the heritage structure can be saved from further destruction.

Similarly many other such cases have proved themselves boon for the many people residing in different parts of the nation.

To conclude, it can be emphasized that the concept of PIL is a very successful one and has a lot of relevance in today’s era.

-Krishanu Ray

The Constitution of India: Highlights.

Thousands of people have been sacrificing their lives since centuries to make us see a dawn when we may respire in emancipation. Whether it was the pre British era or during the English Rule, India was always ruled by foreign invaders and the locals could control only small parts of the nation. Moreover, there existed dominance in contrast due to which the country remained divided into princely states. Frankly speaking, it happened first time during the British rule that the whole country united and the world saw the power of ‘India’ and Indians. India is now known worldwide for its policies of secularism, socialism and unity in diversity. On 15th August, 1947 finally the day came when India became India in true sense and was able to push out invaders altogether. The first and foremost need that was felt by the leaders then was framing of laws. Many laws which were already in force were kept in force. Such laws are still in use and include major statutes like the Indian Penal Code, the Codes of civil and criminal procedure etc. Finally the newly formed legislature under the name of the Constituent Assembly under the leadership of Late Dr. B. R. Ambedkar, started framing the most important law for the country which was to be regarded as the law of the land, The ‘Constitution of India’.

The Constitution of India was adopted and enacted on 26th November, 1949, however it was enforced from 26th January, 1950 and thus we celebrate 26th January as the Republic Day.

The Indian Constitution is the world’s lengthiest written constitution.
The Constitution starts with a preamble which is in the form of a pledge taken by all Indian citizens collectively.
The preamble to our constitution reads as follows:-

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
And to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 

The preamble is followed by 22 parts containing around 444 articles and 12 schedules.
The constitution deals with concepts of citizenship; fundamental rights; Directive principles of State Policy; fundamental duties, functioning of the parliament, the legislature, the executive and the judiciary; the formation and working of Panchayats, Municipalities; provisions for Scheduled castes and tribes; emergency provisions and such other miscellaneous provisions.
For common people, the concepts of fundamental rights and duties are the most important one.
Lets us now go into depth of these concepts.
Fundamental Rights as they sound are the very basic rights that all the citizens must have these. Rather it is ensured by the government itself that no citizen is deprived of these rights.
There are 6 major fundamental rights ensured under the Constitution viz.

1.  Right to equality: under the head of Right to equality, the following rights are granted:
    I.    Equality before Law- Article 14, talks about equality before law. This means that law is equal for all citizens of the nation and no one shall be discriminated in the courts of law. Article 14 reads as “The state shall not deny to any person equality before the law or the equal protection of laws within the territory of India”.
    II.    Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
   III.    Equal opportunity for all in matters of public employment.
    IV.    Abolition of the Evil of Untouchability; and
     V.    Abolition of Titles given by British Rule on the basis of works of different types
2.  Right to freedom: Under the head of Right to freedom, the rights like freedom of speech, protection of life and personal liberty, right to education etc. are bundled. These rights are although not absolute. E.g. Right to speech is not unbound, and has to be enjoyed within boundaries. Any person cannot speak anything he wishes without verification. Whatever one speaks must not be harming any other persons reputation. Right to life is a very dense right and under its ambit covers right to livelihood, right to clean environment and facilities like clean water and food.
3.  Right against exploitation: This right prevents trafficking of human beings and forced labour. It states that immoral trafficking in Human beings and beggar and similar other forms, is an offence and is punishable under law.
4.  Right to freedom of religion: India being a secular country respects all religions and ensures that anybody can embrace any religion as per wish and there shall be no discrimination on grounds of religion.
5.  Cultural and educational rights: Right to follow one’s own culture and right to Education are essential features of a developing country. The constitution envisages such rights to be most important rights for development of the nation. It is ensured by law that no one shall be denied admission in any educational institution on the basis of discrimination of caste, creed, sex, religion or language. It further states that every person has a right to preserve his/her distinct language, script etc. this is the reason why despite of Hindi being the national Official Language there are 20 other constitutionally recognized languages in India, viz.
I.    Assamese.
II.   Bengali.
III.  Dogri.
IV.   Gujarati.
V.    Hindi.
VI.   Kannada.
VII.  Kashmiri.
VIII. Konkani.
IX.   Maithili.
X.    Malayalam.
XI.   Manipuri.
XII.  Marathi.
XIII. Nepali.
XIV.  Oriya.
XV.   Punjabi.
XVI.  Sanskrit.
XVII. Santhali.
XVIII.Sindhi.
XIX.  Tamil.
XX.   Telugu.
XXI.  Urdu

6.  Rights to Constitutional remedies: Article 32 states that the Supreme court shall have the power to undertake proceedings for enforcement of rights. It has the power to issue directions or orders or writs for enforcement of fundamental rights.
A new concept of Public Interest Litigation also has been incorporated in the constitution which means that any person for the common interest of public can file a suit in the Supreme Court for seeking universal relief from any infringement of right. In present days many environmental hazards have been cropped by using this mechanism.

Now that we have talked of rights let us know our duties.

The Constitution of India says that It shall be the duty of every citizens of India-
a.    to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
b.    to cherish and follow the noble ideals which inspired our national struggle for freedom;
c.    to uphold and protect the sovereignty, unity and integrity of India;
d.    to defend the country and render national service when called upon to do so;
e.    to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
f. to value and preserve the rich heritage of our composite culture;
g. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
h. to develop the scientific temper, humanism and the spirit of inquiry and reform;
i. to safeguard public property and to abjure violence;
j. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
 

Other than these fundamental rights and duties the constitution also deals with the provisions for formation of the government and its working mechanism.

To conclude, I would say that our constitution is well build but due to ever changing needs of the country the statute is getting amended very often and thus we need to keep ourselves updated regarding changing facets of law.
 

-Krishanu Ray

Indian Law on Cyber Crimes

Let me share some thing about the law governing cyber space in India.
The cyber world is governed by the Information Technology Act, 2000 in India. Although it has been amended by The Information Technology (amendment) Act, 2008, I shall first go through the provisions of the original statute.
This statute was enacted in compliance with the model law on Electronic Commerce adopted by the United Nations General Assembly vide resolution No. A/RES/51/162, which recommends, inter alia, that all states give favourable consideration to the said Model Law when they enact or revise their laws relating to IT.
The act in its object clause states that it is “ An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.” However it deals with many more provisions relating to IT. As far as the application of this act is concerned, it has no geographical boundaries. It may be applied to incidents even outside the territory of India. 
The major chapters under the act include:-
1.Definitions.
2.Electronic Governance.
3.Electronic Records.
4.Digital Signatures.
5.Certifying Authorities.
6.Cyber Regulations Appellate Tribunal.
7.Offences Related to Computers.
8.Miscellaneous Provisions.
Let us now go into some details of the aforestated provisions.
In the first Chapter of the Act, and under Section 2, there are definitions of various terms with are used under the act. The most important definitions covered under this chapter may be listed as follows:-
A. Under Section 2 (1)(a):- ‘Access’ “with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;”
B. Under Section 2 (1)(d):-  ‘Affixing Digital Signature’ “with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature”
C. Under Section 2 (1)(f):- ‘Asymmetric crypto system’ means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature;
D. Under Section 2 (1)(i):- ‘Computer’ means any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network;
E. Under Section 2 (1)(j):- ‘Computer Network’ means the interconnection of one or more computers through-
   a. the use of satellite, microwave, terrestrial line or other communication media; and
   b. terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained.
F. Under Section 2 (1)(k):- ‘computer resource’ means computer, computer system, computer network, data, computer data base or software;
G. Under Section 2 (1)(l):- ‘computer system’ means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;
H. Under Section 2 (1)(o):- ‘data’ means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;
I. Under Section 2 (1)(p):- ‘digital signature’ means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;{Section 3 talks About Authentication of electronic records Defined below.}
J. Under Section 2 (1)(r):- ‘electronic form’ with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;
K. Under Section 2 (1)(t):- ‘electronic record’ means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche;
L. Under Section 2 (1)(u):- ‘function’, in relation to a computer, includes logic, control arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer;
M. Under Section 2 (1)(v):- ‘information’ includes data, text, images, sound, voice, codes, computer programmes, software and databases or micro film or computer generated micro fiche;

In Chapter III of the act it deals with e-Governance. The term Electronic Governance, most commonly referred as e-Governance means setting up an easy, cheap and transparent relationship among people and the government using the electronic media. Internet plays the most vital role in carrying out of e-Governance. In e-Government, people are linked with the government by the internet. Sections 4 to 10 deal with provisions like legal recognition of electronic records, legal recognition of digital signatures, retention of electronic records etc.
Chapter IV deals with Attribution, Acknowledgement and dispatch of electronic records.
Chapter VII talks about Digital Signature Certificates.
The main concern of common people using Computers or Computer systems is dealt with in Chapter XI where different kinds of Computer related offences have been defined and the penalty for such offence is prescribed. These crimes are often named as White Collar Crimes and mainly need intellect.
Section 66 (1) talks about Hacking with Computer System, it states that “Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.” Here due attention must be paid to the three words in bold i.e. destroys, deletes and alters. These three words have much more bigger ambit than it seems to a common man. These three kinds of actions can lead to theft, misappropriation, forgery, fraud, introduction of viruses, Trojan horses, logic bombs etc.  The persons committing such offences are referred to as Hackers. There are various kinds of hackers viz.
i. Code Hackers:- They know computer like their backyard and they can use the computer in any manner they wish.
ii. Crackers:- They gain access into computer systems by circumventing operating systems’ security.
iii. Phreakers:- They use their vast internet knowledge to hack.
iv. CyberPunks:- They have expertise in Cryptography.
Section 66 (2) penalizes the offence of hacking with imprisonment up to three years and/or fine which may extend upto  two lakh rupees.
Section 67 deals with Pornography as an offence. It states that “Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.”
Section 70 deals with Protected Systems. Sub-section 1 states that The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system and Sub-section 3 states that any person who secures access or attempts to secure access to a protected system in contravention of the provisions of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
 Section 76 talks about Confiscation, it states that Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provision of this Act,  rules, orders or regulations made thereunder has been or is being contravened, shall be liable to confiscation.
The act gives a police officer not below the rank of Deputy Superintendent of Police authority to investigate any case relating to cyber crime under this act.
Under chapter XIII provisions like power of police officer to enter and search the premises where cyber crime is committed or is likely to be committed.

Now I would like to make a reference to the Information Technology (Amendment) Act,2008. The act has been enforced in 2009. It has made some very important changes in the original statute. Some of such  changes can be enlisted as under:

1. The definition chapter has included in it the definition of “cyber cafe” as, any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the
   public.
2. The term 'Digital Signature' has been coupled with the term 'Electronic Signature' .
3. The power for investigation of Cyber Crime cases has been given to all officers with the rank of a Police Inspector and above him.
4. The maximum amount of compensation has been raised from Rs. 1 Crore to Rs. 5 Crores.
5. Special strict penal provisions have been made with reference to 'Child Pornography'.
6. The term Communication Device now includes mobiles, PDAs, a combination of both or any other device that can store, transmit and handle text, audio and video files.  

Along with the above changes many other changes have been made to the IT Act, 2000 which has widened its scope to much extent and has made it an even better statute to combat with growing cyber crimes.

To conclude it can be commented that although there is a strict law governing different kinds of electronic crimes referred to as cyber crimes but they have not got due implementation nationwide. Although, there are laws to deal with serious cyber crimes buy the administration lacks power to control and nab notorious criminals. In many areas and as evident in many cases, computers and internet experts have proved themselves as boons to the nation, but still we may find many people committing crimes using computers, many knowingly and many unknowingly. It is very important to know the laws relating to such offences and punishments on breaching those laws.

-Krishanu Ray