This article is written by Abhay Saxena & Rucha Joshi, students at Rizvi Law College, Mumbai

Backstory:

Hinduism being one of the oldest religion in the world (4000-5000 year old) still defies a straight definition and hence defining a Hindu Rashtra or Hindu nationalism thus is a  difficult task because of its vagueness. The umbrella term that is Hindu was term with regards to the many people, civilisation staying in a specific geographic setting and endorsed many religions, cultures and practices. While many others consider it to be a separate religion, it was merely an indication of a person belonging to a specific geographic setting and in this case, the Indus river. 

Historical timeline:

The lack of unity among the many rulers of the Bharat region made it vulnerable for foreign invasions, where several Islamic invasions took place (Muhammad bin Qasim in 672AD,Ghazni in 1001AD,etc. Some of the islamic rulers were generous like Akbar(Mughal) and gave equal respect to every religion. While others like Aurangzeb were unkind and forcefully started converting many Non-Islamic people into Islam. With the defeat of Siraj-Ud-Daulah in 1757 in Battle of Plassey, the British(Company) rule started. The Christian Missionaries parallely started converting Indian People (Hindu/Muslim/etc) to Christians. Common enemy (british) united hindu and muslims and hence Britishers started sowing the seeds of Divide and Rule among Hindus and Muslims especially during Partition of Bengal in Communal Basis(1905) which ultimately resulted in the demand of separate Islamic state by Muslim league (1940)  further resulting in partition and the rise  two independent Nations during the time of Independence (1947). The country of Pakistan was formed on religious basis (Muslim Majority). But when India became independent,leaders like Gandhi, Nehru, Ambedkar chose to make India a secular state ensuring growth and prosperity of people of every religion.

Unhappy with the present secular scenario, demands of making India a hindu rashtra has been brought up by various politicians and organisations like RSS,Hindu Mahasabha. But since 2014 Bhartiya Janta Party who claims to follow Hindutva is at strong majority since 2014,this demand has been made more vocal by several ruling party leaders like D Raja, Subramanyam Swami,etc.

What does our constitution reflect-

Although India was secular nation since independence. But to  add more emphasis on it, the word secular was introduced in the preamble by 42^nd amendment 1976.In Keshvananda Bharti Case vs Sate of Kerala 1973,it was said by supreme court that “ preamble is the part of the constitution and can be amended like any other provisions of the constitution provided the basic structure of constitution cannot be altered.” Since preamble denotes the intention of the constitution, therefore an amendment is possible in the preamble by removing secular word and adding the term Hindu Rashtra/theocratic state.

Definition of Hindu according to Indian law-The term Hindu has been defined under Article 25(2)b of Indian constitution in explanation (II) part Hindus shall be construed as including a reference to persons professing Sikh, Jain or Buddhist Religion and the reference to Hindu religious institutions shall be construed accordingly. In the various codified Hindu laws Hindus also include Vaishnavsa,lingayat,Arya Samaj Brahmo Samaj,Buddhist,Jain,sikh,or any person born as a Hindu.

Two school of thoughts of making India a Hindu Rashtra-

As clearly mentioned in the article above that since ancient times some believed Hindu as a religion. While others believed Hindu as a way of life(composite culture of many religions) two school of thoughts also emerged in making India a Hindu state. Those who believed Hinduism as a composite culture (way of life) argue that India should be made a Hindu nation while giving equal respect, rights and freedoms to each and every religion. While the others who consider Hindu as separate religion endorse Hindu Rashtra  on the basis of Hindutva(term given by VD Savarkar in 1925) with Hindus being given considered as first class citizens while others(minority) should be considered as second class citizens

Arguments in favour of Hindu Rashtra-

While the definition of Hindu Rashtra is a vague one and often misunderstood by the majority or exaggerated rather, it does mean framing the laws wth accordance to the principle of religion, such a country is united on the religion front. It is believed by various nations (that was an official religion) like afganstan, pakistan, england etc that having an official religion helps unify the various sects into one thus declaring a civil code in that regard,having to follow the principle of religion helps as it gives us guidelines to work within.

Arguments opposing Hindu Rashtra-

Here the argument is between secularism that stands for modernity, tolerance, equal represenatation and hindu rashtra that advocates on religion for all, traditionalism and s a theory that never much evolved from the olden times. People opposing Hindu Rashtra also argues that our forefathers who built constitution made India a secular state ensuring equal rights for persons belonging to any religion. Making India a Hindu state will make favour only majority community and minorities will be regarded as second-class citizens. Thus this will be a dent to communal harmony. It is also argued that if India becomes Hindu state then Manusmriti laws will be applied which will make castism, untouchability more prevalent thus not only harming rights of minority but also backward castes if Hindu religion.

Theocracy  and minority-

It is a popular misconception that a theocratic/religious country neglects the minority and overlook them, which doesn’t hold much truth if taken examples of functioning countries that have accepted an official religion and yet give their minorities complete freedom, such as England where angelical is the official church.But still minority are granted rights and freedoms in the British constitution.In  Greece where orthodox church protestants is the dominant(majority) population,acording to article 30(3) of Greek constitution ,elected representatives in Greece will take oath in the name of holy trinity with oath taking ceremony in the presence of Archbishop if Athens .But still in Greece where the Muslim majority regions are there, Sharia Courts are allowed with Muslims being given power of electing their muftis.

View of Courts-

In Manohar Joshi vs Nitin Bhaurao Patil 1995,Justice JS Verma  held that “mere promising of making Maharashtra a first Hindu state cannot be called as asking votes in the name of religion because Hinduism is not a religion but a way of life.Hence such a poll promise cannot be termed as a corrupt electoral practice.” However the case was struck down in supreme court making Manohar Joshi guilty of corrupt electoral practice.

In Sastri Yagnapurushadji case,1966 the five justice bench headed by Chief Justice Gajendragadkar held “When we think of the Hindu religion, we find it difficult, if not possible to define Hindu religion or even adequately describe it Unlike other religions in the world ,the Hindu religion does not claim any one prophet it does not describe to anyone dogma, it does not believe to be anyone philosophical concept .In three judge bench held by Justice Verma in JS Ramesh Yashwant Prabhoo case the court said” The words Hinduism and Hindutva are not necessarily to be understood and construed narrowly confined only to the strict Hindu religious practices unrelated to the culture and ethos of the people of India, depicting the way of life of the Indian People.”

Dark Chapter of Germany- 

Germany had prejudices against Jewish Community from ancient times. The Nazi Government of 1930 under leadership of Adolf Hitler was developed with the ideological beliefs of Germans being the supreme race(descendants of Aryans) and Jews/Non-German(which were in minority) as inferior race. Hitler once he declared himself as Furher, adopted anti jew laws and. He created Nazi Germany and called for boycott of Jews, ultimately resulting in Jewish Massacre around 1938 which saw the near death of Jews etc. Rashtra Svayamsevak Sangh(parental organization of Present Ruling BJP Government) leader Golwalkar in his book written-“To Keep up the purity of the Nation and Culture, Germany shocked the world by her purging the country of Semitic races-The Jews. National Pride at its highest been manifested here.” This clearance proves that leaders of parental organization (RSS) of present ruling(BJP) government were sympathizers of Hitler.

Conclusion-

The matter needs clarity with regards to Hinduism, that is the way of living and Hindutva, an extremist philosophy and then a conclusion needs to be drawn as to what a plural diversified country like India needs. In a multitude nation like a India, an official religion can do as harm as it can do good. It can either unify everyone under a same umbrella keeping in mind the rights of minorities or it can hamper the collective living and lead to communal agitation and crash down oyr concept of “in diversity we have unity” concept that we as Indians of different cultures and religions are very proud of. Secularism means that a state endorses no religion or a state  gives equal respect, rights and freedom to everyone religion.If we look at concept of Hinduism,it talks about Vasudhaiv Kutumbakam that means Whole earth is family.Hinduism also believes in Sarvadharma Sambhav which means equal respect for every religion.Therefore it can be considered as a synonym of Secularism only.So if the word secular is removed from the preamble and India is made a Hindu State on the basis of Hinduism then no right of minorities will be affected. But if that Hindu Rashtra is made on the basis of Hindutva then minorities will become second class citizens with restricted religious freedom. The leader(Golwalkar) of present ruling Bhartiya Janta Party government’s parental organization (RSS)was sympathizer of Hitler. Moreover BJP claims itself to be Hindutva party. Therefore it becomes clear that if Hindu Rashtra will be made by present Government then it will be on Hindutva Grounds. So a Hindu Rashtra should not be made in present conditions. But in future if  ruling government comes and decides to make India as Hindu Rashtra on the basis of Hinduism, then it should be welcomed because no minority rights,freedoms,etc will be affected in that case.

This article is written by Karthi VS, student at SRM University

INTRODUCTION

According to Article 25 of the Indian Constitution, all persons can freely profess, practice and propagate religion on his/her wish. So, India is a secular country that does not discriminate its citizen based on their faith, and the minorities get a particular preference. This free-to-practice-any-religion legislation has resulted in spiritual conversions, and there is a substantial increase in the conversion rate in India. People fall into this pothole due to various reasons, and two of the main reason is Poverty and Religious Persecution. According to the World Christian Encyclopedia (WCC), approximately 2.7 million converting to Christianity annually from another religion, World Christian Encyclopedia also cited that Christianity rank at first place in net gains through religious conversion. On the other hand, demographer Conrad Hackett of the Pew Research Center stated that the World Christian Encyclopedia gives a higher estimate in the percentage of Christians when compared to different cross-national data sets. While according to “The Oxford Handbook of Religious Conversion”, approximately 15.5 million converting to Christianity annually from another religion. 

HISTORY

India is a nation that is home to a diverse religion and their beliefs and practices. The Indian subcontinent is the birthplace of four major world religions—Hinduism, Buddhism, Sikhism, and Jainism. According to reports of 2011 Census Data, 79.80% of the population of India is Hindu, 14.23% Muslim, 2.30% Christian, 1.72% Sikh, 0.70% Buddhist, and 0.37% Jainism. India at the later ages only had Hinduism as it’s religion, the Mughal rule in India was the primary reason for the Muslim population of the country. Hinduism and Islam were prevailing in India, while the Colonial rule in India resulted in Christianity. Christianity was a recent religion to India compared to other religions. Buddhism was in existence, but it got expanded because of the DALIT-BUDDHISM Movement started by Dr.B.R.Ambedhkar, this movement made many people convert to Buddhism as they were continuously experiencing discrimination and ill-treatment as they belonged to lower community(caste) in their religion. Then the country saw a rapid conversion of its people to Christianity from their faith because of the British Rule. The Colonial Masters had a clear plan of converting people to their community to have a peaceful trade and shipments, and this is why people living near the seas and ports mostly belong to Christianity, the primary purpose for this is that the ports need more labours and people who don’t get offended by their activities, so the people there were paid and pulled into their religion. These are reasons on how conversions gradually began in India. Then happened the Partition which caused a serious fight against the Hindu-Muslim people from INDIA and PAKISTAN. 

Because of a greater number of religions, the conversion was a common practice among the beliefs and the state government brought state legislation against the conversions.

EVOLUTION OF ANTI-CONVERSION

Anti-conversion laws have a long history in India. Many states brought their state laws against the conversion in the early 1930s. In the 1980s some states enforced anti-conversion laws firstly against Muslims. Since the late 1990s, the governments also started to enact anti-conversion laws against Christianity.

Anti-conversion laws have arisen from a long history of religious activity in India as the state consists of diverse religion and practices. These laws were first enacted during the colonial period, although the government did not familiarise those laws among people of the country. However, Hindu princely states passed them when British were spreading Christianity and when they opened more number of missionaries.

Many states, during the colonial period, enacted such laws to stop people from changing their religion from Hindu to some other religion like Christianity. The attempt was to increase the population of Hindu followers in India and also to protect their faith in threat of rapid conversions which were happening at that time. The current Christian community in India is pure because of the Colonial invasion into the state, and most of them are Converted-Christians who have converted from other religions mostly Hinduism, during the British Rule.

WHAT’S THE NEED TO STUDY THIS TOPIC

Religions are no more spiritualistic; they indulge in business and political activities even better than business people and politicians, especially in India. Castes and religion play a significant role in Indian democracy. So, these Religions tend to involve in conversions, in a motive to expand their community and rise in their numbers to ensure the stability in the number of their people towards the population of the country.

The Constitution of the country also does not stress anything much on Conversions as it states that the state is Secular which open the gates for all religion and even in Article 25 it allows its citizens to practise, profess and propagate any religion they want.

These Conversion-friendly factors create opportunities for religions, whose desire is to expand their community by converting people to their faith and maximise their religious population. So, the anti-conversion law becomes mandatory to defend the atrocious conversion activities made by religion.

India’s Freedom of Religion Acts or “anti-conversion laws” are state-level statutes enacted to regulate religious conversions that are not purely voluntary. Such laws began to be introduced in the 1960s after the failed attempts to pass an anti-conversion law at the Union level and were first enacted by Orissa and Madhya Pradesh states. At present, such rules are in effect in eight out of twenty-nine states: Arunachal Pradesh, Orissa, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand. The law in Arunachal Pradesh has not been implemented due to a lack of subsidiary rules. The State of Rajasthan has passed an anti-conversion bill, but it has yet to be signed by the President of India. Several other states, including Manipur, are reportedly “considering similar laws.”  

PERSPECTIVE OF GREAT PERSONALITIES

Mr Rajiv Malhotra (in a meeting) answered a person for the question “why it is wrong when the people convert to other religion for money and economic condition because the people wouldn’t have to change their religion, had the government not keep them on the line of poverty. So, can we blame the government for converting to people into other religions?”

For that, he answered that there should be a proper justification for conversion, using poverty as a key to convert people is immoral and unfair. Christianity has involved in transformation over the years but hasn’t shown any results; they neither eradicated poverty nor solved the problems of people which they have promised to do so. They should start showing results for the conversions they have made; people should have some ministerial accountability. Unfair exploitation should be stopped, and transformation should be made using fair means.

In the same meeting, Dr. Subramanian Swamy said that “The conversion happening in India is not done by the Indian Christians. Conversion activities at the wholesale level are carried out on the basis of foreign money and by foreign missionaries.”

Tehmina Arora, a Human rights lawyer, has stated that currently anti-conversion laws are being enforced in 7 different provinces across India. Anti-Conversion Laws fail to protect the dignity of each person and violate basic human International Human Rights norms. One group under threat are Dalits, which comprises 70% of the church community in India. She says that “we want to stop violence and hostility against the Dalits and the negation of their rights. 

RECENT AMENDMENTS BASED ON ANTI-CONVERSION

Over 13 years on, the present State Government under Jai Ram Thakur has revised or amended the law with the amount of punishment raised from three to seven years. It has enlarged the range of the law to deal with what Vishva Hindu Parishad calls “love jihad”. Love jihad means the fight for love. At the end of August, the Bill was passed in agreement with the Congress backing it in the House. The Himachal Pradesh Freedom of Religion Bill was passed in 2019. There were eight new provisions added in the Bill. It covered the marriage done with the sole purpose of conversion. “Any marriage done for the sole purpose of conversion by a person of one religion with a person of another religion either by converting himself before or after marriage or by converting the other person before or after marriage may be declared null and void by the family court,” reads Section 5 of the Act. Meanwhile, as per Section 3, “No person shall convert or attempt to convert by either directly or indirectly, any other person from one religion to another by use of misrepresentation, force, undue influence, coercion, inducement or any fraudulent means or by marriage, nor shall any person abet or conspire such conversion.”

CONCLUSION

A detailed analysis of these laws reveals that, far from promoting or protecting religious freedom, they have served to undermine the religious freedom guaranteed under the Indian Constitution and international law and the covenants to which India is a signatory.

Primarily motivated by a religious ideology, the anti-conversions laws fail to achieve the very purpose for which they have been enacted. On the contrary, they provide an opportunity for divisive forces to target the constitutionally protected rights of minority groups and pose a severe threat to the free practice and propagation of religious beliefs.

Furthermore, the laws fail to account for the agency of converts and treat them instead as passive recipients of external pressures from ‘predatory’ convertors. They tend to treat all religious conversions as suspect and liable to investigation and prosecution.

The introduction of similar provisions in the other South Asian legal systems is a disturbing trend. It requires the attention of the international community, as they stand in direct contrast to the rights and liberties guaranteed under international law.

SUGGESTIONS AND RECOMMENDATIONS

Strict punishments have to be enacted for forceful conversions and religious persecutions. In my view, religion is also an identity for any person after his/her nationality. At the same time, I welcome people who want to explore every religion and want to know their practices and tradition.

I have construed my view, but we are all humans, and we always differ in opinion. So once a person decides to convert to other religion, it is his/her choice to do so, he/she is free to do as per their wish, and the state also permits them. But when people are targeted and converted, there arises the problem. Using one’s weakness and exploiting them is an immoral act which is used by religions. 

The government should make explicit guidelines on conversion, the state should record it, and the reason has to be noted down. The condition cannot interfere in the decision made by the individual but should record the explanation given by the individual for his conversion. This is to check whether the individual has done on his/her wish, or it is a decision made by coercion.

This article is written by Abhay Saxena & Rucha Joshi, students at Rizvi Law College, Mumbai

Introduction–From several months, all one has been hearing about with regards to the voices raised against the government is “that falls under sedition, this is sedition, this is anti-nationalism” and etc. speeches and tweets have been now slapped with sedition charges that puts us in a jeopardy, where does freedom of speech ends and where does sedition starts? Is there a clear drawn line between the two which perhaps with vast vocal platforms seems to fade away? Historically, when kings represented the god, so, to speak ill against was seen as speaking ill against the god. Slowly as the time passed Kings and Queens were replaced by elected democratic governments who framed their own laws for sedition to protect their authority.

Origin of the term sedition– The word sedition come from late 1300 from English records. Initially it originated from Latin term ‘Seditio’ meaning “discord” from sed meaning “apart” and “initio” meaning “a going.” Sedition according to Oxford dictionary means actions or speech inciting rebellion.

India and its take on sedition with respect to law

A time graph:– The Indian Penal Code framed originally in 1837 by the First Law Commission included the definition of sedition in section 113, it was similar to that of section 124(A) of the ongoing Indian Penal Code. However after some amendments the final draft of Indian Penal Code was enacted in 1860 with section 113 being omitted.As the Britishers  ruled India for a very long time(1757-1947),they also wanted to change/influence/replace  the Indian culture with theirs So in order to save and revive the Muslim culture  with a mission to eliminate non- islamic practices Wahabi Movement that started under the leadership of Sir Saiyid Ahmad in 1820’s which started  posing a serious challenge to Britishers around 1860’s.So in response to Wahabi movement sedition was re-introduced in the Indian Penal Code around 1870 with the insertion of Article 124-A.The Britishers used sedition as a defence and tried hushing the voices of freedom fighters. The first very case of sedition ever witnessed was that of Bal Gangadhar Tilak, who was slammed of sedition for the articles he published in his newspaper Kesari reflecting this opinion on how poorly the 1897 plague was handled by the British. He was sentenced to 18 months imprisonment. Not only just Tilak but Mahatma Gandhi too faced sedition charges for writing three politically sensitive articles in weekly Journal “Young India.”  He was sentenced to 6 years of jail term.

Indian laws regarding sedition– Sedition  and it’s punishment defined under section 124A of India Penal Code states Whoever, by words either spoken or written or by signs or by visible representation or otherwise brings or attempts to excite dissatisfaction towards the government established by law in India shall be punished with imprisonment which may extend to three years, to which fine may be added or with fine.Explanation1-The expression “dissatisfaction” 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 dissatisfaction do not constitute an offence under this section. Explanation 3-Comments expression disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or dissatisfaction do not constitute an offence under this section.

Freedom of speech and expression vs sedition- Article 19(1)A of the Indian constitution says that all citizens shall have the right to freedom of speech and expression. But Article 19(2) says that nothing in sub clause (a) of clause (1) shall prevent the operation of any existing law or prevent the state from making any law in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. This is the reason why sedition law hasn’t been scrapped in India. The supporters of sedition law argues that on grounds of sovereignty and integrity of nation, public order, incitement to an offence the reasonable restrictions like sedition law is mu st. But the considering the misuse and selective approach in using of sedition laws the question arises is sedition law reasonable or unreasonable restriction?

The misuse and view of courts on the same: 

Various political happenings this year, be it Anti-CAA protests (amulya Leona norhona case) people vocalising (writing letters to the PM modi) about growing communal hatred and mob lynchings reporters asking for heavy questions, they were all slapped with sedition charges by the government to silence them all and crush dissent, this lead the court to be more wary and cautious about the sedition laws and its usage in the right sense, in cases such as Kedarnath Singh vs State of Bihar judgement in 1962, the supreme court said that there is a need to provide some parameters on the unrestricted use of sedition by the government as it may result in encroachment of personal liberty. In Balwant Singh vs State of Punjab(1995) the court ruled that merely shouting “Khalistan Zindabad” is not sedition as it didn’t lead to violence directly.  Recent case of BJP leader Kapil Mishra, who due to a statement made by him with regards to anti-CAA stirred a violent reaction off people but no case was made against him, in spite of such a reaction. Similar case was of BJP leader Anurag Thakur who in Delhi election campaigning rally said, “ The traitors of nation should be shot dead” is still free of any sedition charges .Not only these cases, but there are several such instances where the government has shown selectivism in filing sedition cases and filed cases to crush dissent.

Abolishing of sedition laws in England– Britishers introduced sedition laws in India.But in 2009 in England  sedition was abolished through the Corners and Justice Act,2009 under Gordon Brown’s labour government.Three offences were abolished:the offences of sedition,seditious libel,the offence of defamatory  libel and the offence of obscene libel.The then Under secretary of state at Ministry of Justice said-“Sedition and seditious and defamatory libel are arcane offences-from a bygone era when freedom of expression wasn’t seen as the right as it is today.”

Conclusion– From all the above things described above it can be clearly seen that sedition laws in India which was introduced by Britishers was first used to crush voice of freedom fighters and then it was selectively  misused by the ruling governments  since  post independence to crush the dissent and voice of the people. The britishers themselves have abolished this draconian law in 2009 and we are still keeping it.And also if we carefully analyze the wordings of sedition law it can be seen it is an open ended law and not clearly defined.It is a common sense that if a particular law states that whoever by words spoken or written brings or attempts to bring dissatisfaction towards the government established by law,is bound to be misused by the government.It is well said that power corrupts but absolute power corrupts more.The present sedition law in India is some sort of absolute power given to the government.And also as mentioned by the courts in in Kedarnath Judgement “There is a need for certain parameters to be clearly defined on what constitutes and what not constitutes sedition.”So the parliament should make amendments to clearly define sedition.Dissent is something which is called as an essence of democracy.Therefore  it would be better in the interest of freedom of speech and expression  and democracy of the sedition should be abolished as it was done in England in 2009.

This article is written by Priya Sharma, student at IMS Unison University, Dehradun

Actor Sushant Singh Rajput’s death has made people realize how mental health plays an important part in everyone’s life. As the topic trends on social media, it has kick-started a long due conversation on mental health. Apart from that According to a recent National Mental Health Survey, approximately 150 million people in India need care for their mental health condition. This is a serious issue to be talking about in today’s world because there are millions of people suffering from the same and they don’t have the appropriate platform to speak about this problem where people can understand them and encourage living life. 

As times have changed, we have begun to consider mental health an issue that needs to be addressed, but that consideration comes from a very small portion of Indian society. According to the study conducted by the world health organization (WHO) around 200 million people in India may suffer from depression but this is just the data of people who have spoken about it. These numbers can be even more. 

Mental health is about a person’s mental and emotional well- being. The good mental health of a person or to be mentally sound would mean that one possesses a balanced mind, confidence, and self-esteem. Mental illness is a serious problem that significantly affects a person’s various activities how he thinks, perceives, and reacts.

Many people have mental health concerns from time to time. But a mental health concern becomes a mental illness when ongoing signs and symptoms cause frequent stress and affect your ability to function.

People can suffer from much mental illnesses that vary in degrees and are:

• Common Mental Health illnesses include:

Depression 

Anxiety/phobias

Eating Disorders

Stress

• Severe Mental Health illnesses include:

Bipolar disorder

Clinical depression

Suicidal tendency

Personality disorder

It’s time to take mental health problems from occurring. Science has come to a stage where we are starting to uncover what we can do to prevent, for whom and when. 

All key messages for prevention of mental illness are:

• Increasing of social, professional, and political awareness of advancements and the importance of mental health prevention and promotion.
• Promotion of healthy lifestyles including nutrition and exercise.
• Encourage school-based interventions (targeting children, parents, and education professionals).

Prevention efforts can best address multiple cumulative risk factors at an early stage of development.

“Prevention in mental health aims to reduce the incidence, prevalence, and recurrence of mental health disorders and their associated disability. Preventive interventions are based on modifying risk exposure and strengthening the coping mechanisms of the individual.

Mental health in India is still a fairly new topic and the mental health myths and taboos attached to this subject are prevalent to this date. India is the world’s suicide capital with over 2.6 lakh cases of suicide in a year. Basically there are few factors that contribute to these reasons,

 Ignorance: the foremost reason is awareness and knowledge. There are too many derogatory terms used carelessly to describe someone who is mentally suffering some problem and this stigma is coupled with ignorance and lack of awareness which discourages people who are suffering to speak and reach people out. Mental illness can be treated with the right kind of support which is the right kind of medication, getting good counseling, support, and love from the peer circle and family plays a crucial role. And the most important is to reach out and identify these problems at an early stage.

Mental illness in covid-19:

These are difficult times for all of us as we all hear about the spread of covid-19 all over the world. The most common emotion faced by all of us is fear which sometimes makes us anxious, panicky, and can even possibly make us think, say or do things that we might not consider appropriate under normal circumstances. It’s very necessary for all of us to mind our minds during covid-19. 

Handling our emotional problems:

• At times of anxiety, try to distance the thoughts that are making you anxious. Try to calm and slow down your mind.
• Whenever feeling lonely or sad is quite common in mental illness. Stay connected with others. Communication can help connect with family and friends.
• When feeling angry and irritated, calming your mind by doing some activities which make you feel happy and comfortable because distracting yourself helps.
• Use to ways mentioned earlier to deal with these feelings. Sharing of positive stories and feelings. 

Persons with mental illness:

Persons with mental illness may face newer challenges every day which sometimes makes them more nervous, uncomfortable, and restless, even they would have the same fears and stress as others but this may worsen their previous mental health condition more. 

So, to avoid this situation in our surroundings or with our near and dears not much just we need to understand them and actually listen to them when they need us. We can contribute a little to these people who actually need our love and affection at times and all we can do is, provide them proper support when they need us, not just pretending to be with them but actually help them. 

Recognize mental health problems in your near and dear ones: 

Just as you can recognize your own mental health problems, be sensitive to such changes in your near and dear ones, which may include:

• Changes in sleep patterns 
• Difficulty in sleeping and concentrating 
• Worsening of health problems
• Increase use of alcohol, tobacco or drugs
• Excessive fears or worries, or extreme feeling of guilt.
• Extreme mood changes of highs and lows.

Be supportive of these people if any problem persists, please contact your doctor or mental health professional. 

Reasons you shouldn’t ignore your mental health: 

• Mental illness is more than you think.
• Mental illness affects your physical health.
• Diseases and injuries can increase the risk more.
• Early detection can surely make a difference.

Mental illness is a part of physical health they’re not separate as our brain is part of our body. Mental illness can be the root cause of many physical symptoms. For example: if you’re suffering from a disease like insomnia, heart palpitations, or restlessness, your doctor in such circumstances will want to rule out depression, and other mental conditions as a potential cause. Depression is considered a risk factor for poor outcomes in patients with the acute coronary syndrome.

As the most medical conditions, early diagnosis usually leads to better outcomes. Getting the help you need soon can help you prevent the symptoms of mental illness from getting worse. Treatment can help you avoid the negative effects of symptoms that have on your life.

Helping a loved one:

If your deer ones show any sign of mental illness, have a open and honest discussion with them about their concerns. You may not offer professional care, but you can offer encouragement and support. You can help them find a good qualified mental health professional and make them feel comfortable in that situation. If your loved one or person you know has done self-harm or is considering doing so, take the person to the hospital or call for emergency help. Help and support is vital for persons with mental illness from their families and other care givers. Health help lines can provide support, in addition to regular taking of prescribed medication, a regular daily routine, keeping engaged and positive.

Remember, good mental status in the difficult times may win you the battle more easily! 

This article is written by Adv Nazir Ah Bhat

The contempt law in India though already in vouge had assumed significance and public attention in recent times. It’s desirable prior to further elaboration to discuss chief features and over time developments in the said law.

Earlier the contempt law was considered highly inconsistent and inadequate while seeking its relevance with other constitutional guarantees and rights given to citizens. Therefore, it was thought pertinent to revisit and review the said law to make it more adaptable and appropriate, considering the other legal factors of the Constitution. A review committee of experts was set up in 1961 under the supervision of Mr. HN SANYAl, then additional solicitor general of India to revisit and review the contempt laws.

The committee made recommendations and other observations to make the contempt laws more vibrant and commensurate with other laws considering the constitutional guarantees of individual liberties and free expression. Eventually, the government of India accepted by and extensive all said recommendations. Consequently, Contempt of Courts Acts 1971 came to be passed which as on date is in vouge and operational law in the said field.

Notwithstanding, the passing of the said aid act, one can fairly understand that whole act. It explains the procedure to initiate and conclude the contempt proceedings including punishments but any specific definition of what constitutes  “contempt” has not been given.

What exactly is contempt or what constitutes contempt is somewhat not objectively defined in the Contempt of Courts act 1971, but the procedure for conducting the contempt trial and punishments are described in the act. Contempts broadly speaking are two types, one is civil contempt in which orders of the concerned court are alleged to have been violated, ignored, bypassed, or in totality contemptnor despite knowledge of court orders had acted converse to it. The concerned court treats it as an interference into the justice delivery system together with undermining the authority of court or law as such proceeds against the guilty. 

Another contempt is criminal contempt which is somewhat severe than the former. Usually, it is taken as the allegation against the judge or the functioning of the court which is believed to affect directly the integrity of the presiding officer with consequent effects on public confidence and trust so reposed in judge/ courts to seek justice. 

However, this type of contempt is more or less subjective in nature which requires personal satisfaction of the presiding officer that certain act of contempt nor in a real sense amounts to contempt.

 It is apt to mention here section 2 with allied sub-clause a, b, and c of Contempt of Courts act 1971 on critical reading of said definition and in its collective import of interpretation three principal ingredients must be there as to constitute contempt of court ordinarily. It holds that scandalising or tends to scandalise the authority of the court, prejudices, or interferes, tends to intrude into the administration of justice, or obstructs or tends to obstruct into the administration of justice are the ingredients to constitute the commission of contempt. The criminal contempt has a sharp edge to carry on which says any publication in words or spoken, by signs or by visible representation or otherwise, having anyone or all above-discussed ingredients present constitutes criminal contempt. 

In India where the constitutional guarantee on freedom of expression has vast coverage which is inclusive of other personal rights like the right to liberty etc.,  do take enough care to rationalise the consequences of contempt proceedings without offending any of such constitutional guarantees. The serious consideration is the subjective satisfaction of the judge to adjudge the ingredients constituting the criminal contempt.

Commenting with fair criticism on judgments though, immune from contempt yet is always court Choice. Press comments, signs, or visible representation not having specific explanations are quite risk-oriented things to attract contempt of court. The offending presiding officer though understandable again assumes contradictions in the assessment of legal accuracy to indict guilty with contempt. 

Reasons are quite obvious, as a judge here becomes the judge of his own cause, the judge turns complainant and arbiter to deliver justice in such cases. Still ahead it is not clear if a person of a judge is maligned, would it amount contempt to the person of the judge? Or to court? Relevance to assume the query is visible as the definition of the court is a little broader and inclusive of an advocate being an officer of the court. Though, safeguards are duly provided under section 3 to 7 of contempt of courts act 1971, yet, in this whole process, subjective satisfaction of the judge works too, sharply.

We have had a recent instance of contempt proceedings of advocate Prashant Bhushan. He was charged for having commented on the person of honourable Chief justice of India while his lordship was shown on some foreign-made scooter. Another tweet attracting contempt was some of the earlier period. Both were taken into cognisance without the prior consent of the Attorney General of India, which is a condition precedent as a constitutional requirement; nevertheless, the Supreme Court has inherent power to initiate contempt on suo moto basis.

The said proceedings went through public observations. The record was in the public domain that how allegation against higher judiciary would or would not cause a contempt of court. The contempt act under section 6 states that no person is guilty of contempt of court if a comment is made fairly against the subordinate judiciary. But the same does not hold good for the higher judiciary. Of late we had noticed that the Supreme Court indicted some retired high court judge of Allahabad High Court for granting an unwarranted concession to medical colleges, even, Justice Karnan was found guilty of contemptuous behaviour and punished etc. Yet, in a private capacity if the judge is found in the unwarranted act, can any comment on it would bring the person concerned guilty? 

It is to be seen how come private act of judge would involve the court in it, second, if judge being complainant, he is deciding the case? 

Third, taken court as a whole being in contempt then trail even by any judge of the court would also include the unlawful proposition that judge of his own cause? All these shortcomings need to be seen in relevance to contempt laws.

INTRODUCTION

Narcotic is defined in the dictionary as an addictive drug affecting mood or behavior, especially an illegal one. It triggers various emotions in the body, causing drowsiness. Narcotics are most commonly used by people to reduce severe pain and, therefore, are known as pain relievers. If they are used carefully under a health care provider’s direct care, then these can be proved quite effective in reducing pain to a certain level. If it is used more than a permissible limit, a person can even die from an overdose of such drugs.  Examples include illicit drug heroin and pharmaceutical drugs like Morphine, Fentanyl, Methadone, Oxycodone, Codeine, and Hydrocodone.

India’s long history of cannabis and opium use is referenced extensively in policy analysis. Decriminalization of drugs means that consuming drugs under permissible limits would no longer be considered as a wrongful criminal act, and we would be able to use these drugs for improving public health and safety said by the various governments of different countries. Consumption of drugs in India is illegal and results in a jail term of up to six months or one year and/or a fine, depending on the substance consumed.

NARCOTICS: FACTUAL STATISTICS

It is anticipated that the number of disease cases will increment definitely by 2020 because of biting paan masala and other related materials—tongue-related malignant growth: 81,200 (60,333 of every 2015); mouth-related malignancy: 1,28,451 (89,645 out of 2015); throat-related disease 20,948 (19,700 out of 2015). The Government of India has authorized a wasteful law called COTPA (Cigarette and Other Tobacco Products Act), which forces a 200 Rs fine on an individual got with any transfer of tobacco material. The need of great importance is to prohibit these tobacco items from society. Kerala is the central state where these items have been restricted totally. Over the most recent one year, almost 1,000 tons of these items have been seized and decimated. It is bizarre to praise authorizing drugs when the World Health Organization revealed that tobacco, liquor, and illegal alcohol represent 8.7 percent, 3.8 percent, and 0.4 percent of all passing individually. States are making a solid move and subsequently containing the threat of medications. Kerala alone has held onto medications to the tune of 1,000 crores in the last one and half years. The states that have acted carefully against drugs are Punjab, Kerala, Andhra Pradesh, and Telangana.

Adolescent drug abuse is one of the significant areas of concern in adolescents and young people’s behavior. It is estimated that, in India, by the time most boys reach the ninth grade, about 50 percent of them have tried at least one of the substances of abuse nature.

WHY PEOPLE CONSUME DRUGS?

Drugs are poison, and the number of narcotics one consumes determine the effects. People consume drugs to change something about their lives, not knowing that drugs can, in literal terms, destroy their lives. People start taking drugs to fit in, escape and relax, relieve boredom, thinking that drugs are the solution, but eventually, drugs and addiction towards it becomes the problem. Drugs are now banned in most countries, and stringent laws are made if someone is found in possession of drugs. Today, no part of the world is free from the curse of drug trafficking and drug addiction. Millions of drug addicts, all over the world, are leading miserable lives, India too is caught during this vicious circle of substance abuse, and therefore the numbers of drug addicts are increasing day by day. According to a UN report, one million heroin addicts are registered in India, and unofficially there are as many as five million.

THE EMERGENCE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

The Narcotic Drugs and Psychotropic Substances Bill, 1985, was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received permission from then President Giani Zail Singh, and came into force on 14 November 1985. Cannabis smoking in India has been known since at least 2000 BC and is first mentioned in the Atharvaveda, which dates back a few hundred years BC.

This Act enacted with stringent provisions to curb the menace of drug trafficking on both national and international levels. The Act envisages a minimum term of 10 years imprisonment long to 20 years and fine of Rs—one lakh long up to Rs. 2 lakhs for the offenders.

A comprehensive strategy involving specific programs to originate the various government agencies and NGOs have evolved overall associate reduction in the use of medicine. It is additionally supplemented by measures like education, counseling, treatment, and rehabilitation programs.

DECRIMINALIZATION OF NARCOTICS: TO BE OR NOT TO BE?

It has become stylish these days to refer to the names of spots from various pieces of the existence where medications like pot have been authorized—presumably submitting a general direction to this sort of data and misconception it, a couple of held showings in individual pieces of Kerala on the side of the alleged authorization of medications, which has as of late been done in certain conditions of the US. They are accentuating that the equivalent should now be done in India. Be that as it may, it will be heartbreaking and self-destructive if any unwinding is made in India, and the medications are authorized. It will build the degree of chronic drug use as the substances would then become undeniably more effectively accessible.

Legitimization of medications seems like the accompanying expression: If you can’t beat them, go along with them. It would seem that as though we have acknowledged destruction because of the medication sellers. Tomorrow another arrangement of individuals could state let pickpocketers not be gotten as these episodes are too much, so let us focus just on shocking violations like homicide and assault and not make a fuss over minor wrongdoings.

The utilization of medications is, as of now, playing devastation with the general wellbeing of Indians. Because of continued medication use, individuals kick the bucket in India consistently. Biting containers and other related materials like zarda, gutka, and khaini have opened the conduits for oral malignant growth. In 2016 destructive growth event rose pointedly with many experiencing the said disease. Incredibly, in any event, two lakh new oral fatal growth cases are being accounted for in India consistently. These tobacco items, as referenced above, make the primary phase of malignant growth in and around the mouth or tongue or throat.

SUGGESTIONS

Actualizing the procedure of sanctioning of medications in India would be close to unthinkable. Who will conclude who someone who is addicted is? Who is simply a tenderfoot? What level of ganja ought to be given to a friend? And so on. In a nation of 137 crore individuals, it will be an unrealistic undertaking. Medication authorization can be simple in a country where the populace is two lakhs, not here.

We need to make our current laws that battle medicates increasingly exacting. At present, these laws are slack. For instance, under the NDPS, anybody got with under 1 kg of ganja can quickly get temporarily free from jail; that guilty party resumes deal, appropriation, or utilization of ganja from the next second itself. The case probably won’t come okay with hearing for even five years. We need to defeat these weaknesses. Legitimizing drugs in India would resemble getting into a sticky situation. It won’t convey any attractive outcomes. Instead, it will aggravate the current disarray. We need to have more strict and stringent laws to vanish the problem of drug abuse completely.

CONCLUSION

The government of India should not decriminalize the use of drugs as it can further lead to more consumption of medicines by adolescents. Legitimizing the utilization of ganja in India won’t be an answer to the issue. Regardless of whether it is done gently in the first place, addicts will request unwinding and the sanctioning of other concoction substances like heroin, earthy colored sugar, and so on. It will be an eternal cycle, and we would make a fool of ourselves. Because of the elevated levels of education and high expectations for everyday comforts in the US, Canada, and Europe, the legislatures may have gone for the legitimization of weed, beginning the procedure whereby addicts diminish their portions gradually, at long last halting the use through and through. In India, the education rate is similarly low, and the school dropout rate is high. So, the understudies and young people may consider authorization to be ganja as a godsent open door for them to get it handily. Truth be told, legitimization could bait new youngsters to drugs.

Author: Purvi Raheja

Vivekananda Institute of Professional Studies, Delhi

Introduction

Hate crimes are the crimes that are motivated by prejudice, and also known as bias-motivated crimes because these are inspired by bias against an individual or social group because of specific differences, majorly in their religious practices and customs. These crimes affect the security of individuals, their communities, and societies as a whole. Hate crimes are criminal acts motivated by bias or prejudice towards particular groups of people. A hate crime is when someone commits a crime against you because of your disability, gender identity, race, sexual orientation, religion, or any other perceived differences. In contemporary times its meaning has proliferated beyond lynching, discrimination, and offensive speeches and now encompasses speech that is insulting, derogatory, or incites and violence.

Types of Hate Crimes: – 

Hate Crimes can be divided into three parts – physical Assault, verbal abuse, and incitement to be hatred.

• Physical Assault: – Physical Assault takes place when an individual or a group provokes and attacks a person physically, with or without the use of a weapon, or threatens to hurt that person. Physical Assault of any kind is an offence. Mob Lynching is an example of Physical Assault, where a person is killed or almost killed by a mob.

• Verbal abuse: – Verbal abuse is the use of words to cause harm to the person being spoken. The most commonly understood form is name-calling. Verbal abuse may consist of shouting, insulting, intimidating, threatening, shaming, demeaning, or derogatory language, among other forms of communication. Verbal abuse may lead to stress, depression, physical ailments, and further damage. In India, the incidents of Verbal Abuse have been on the rise, and the laws altogether, have not been very useful in this aspect. Therefore, it becomes a matter of urgent concern to not only regulate hate speech but to adopt such practices that can undo the damage that hate speech causes.

• Incitement to be Hatred: – The offence of incitement to hatred occurs when someone acts in a way that is threatening and intended to stir up hatred. That could be in words, pictures, videos, music, and includes information posted on websites.

Hate content may include:

• messages calling for violence against a specific person or group
• web pages that show pictures, videos or descriptions of violence against anyone due to their perceived differences
• chat forums where people ask other people to commit hate crimes against a specific person or group

Nature of Hate Crimes

Hate crimes are very different from many other Crimes in India. These crimes have a sense of biases attached to the motive, which is not there with any other type of crime. We can understand the nature of Hate crimes from the following Points-

• Hate Crimes, though different, are always based on a crime that is penal and therefore imposes some form of punishment. It makes hate crime an offence under domestic criminal law and enunciates its criminality.
• A hate crime is always motivated by biases. It only when there is a bias that a criminal act forms into a hate crime. The factor to be observed is the selection of a victim based on prejudice based upon his religion, community, gender, and the like.
• Hate crimes are an extreme form of discrimination. It is committed out of some big difference present in the community against the other, which makes the former discriminate the later and in dire condition commit crimes against them because of their biases.
• In the case of Hate crimes, the target is always an individual or a group of individuals with common characteristics that are noticeable and results in the differences and biases.
• Hate crimes have a varying degree of occurrences, which ranges from vandalism to physical abuse and even sometimes homicide. The gravity of hate crimes is based upon the brutality and cruelty to which they amounted and its effect on the society as a whole.

Laws connected to Hate Crimes

India does not have any separate regulations for Hate crimes, but many provisions of existing laws and codes deal with them. 

Indian Penal Code

Indian Penal Code has many provisions to restrict the right to free speech and expression, so it controls Verbal abuse Hate crimes, and some provisions deal with Mob lynching because mob lynching is an act culpable homicide amounting to murder.

Section 153A: – Whoever (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on the grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

Section 295(A): – Whoever, with the deliberate and malicious intention of outraging the religious feelings of any class of [citizens of India], [by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to [three years], or with fine, or with both.

Section 302: – This section of IPC deals with punishments related to murder, i.e., the person who commits murder is punished either with a sentence of death or imprisonment for life. In many cases, the convict may even be liable to penalized.

Section 304: – This section deals with punishment for culpable homicide not amounting to murder which may be

• Life imprisonment for life
• imprisonment for a term which may extend to ten years, and shall also be liable to a fine in case the act is done to kill or cause the injury that is likely to cause death.
• Imprisonment for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death or the injury that is likely to cause death, but without any intention.

Section 307: – This section deals with the punishment in case of attempt to murder. A person who does an act with an intention or knowledge that his action may cause death would be guilty of murder and is to be punished with imprisonment of either for a term of up to ten years and also be liable to fine.

Section 323: – This section defines the punishment for causing hurt voluntarily. Whoever, except if provoked as per section 334, willingly causes broken, is bound to be punished with imprisonment which may extend to one year, or with fine (up to one thousand rupees), or with both.

Section 34: – This section highlights the punishment for Acts done by several persons in furtherance of common intention. When several persons do a criminal act regarding a common intention, each of such persons is liable for that act in the same manner as if it were done by him alone.

Manav Suraksha kanoon

National Campaign Against Mob Lynching drafted a bill known as the Manav Suraksha Kanoon (MASUKA) to begin a legal conversation against lynch mobs. Prakash Ambedkar, grandson of BR Ambedkar, and activist Tehseen Poonawalla drafted a law to accommodate a new rule regarding mob violence by amending article 21 of the constitution of India. It also mandates that the concerned SHO (Station House Officer) of the area would be suspended until a time-bound judicial probe absolves him of charges. It will also work to provide relief to the affected people and rehabilitate them and their families.

Conclusion

Considering present India, cases of hate crimes are on a record high. India has witnessed numerous Hate crimes, mainly mob lynching reports from various parts of the country recently. There is no doubt that the lynching activities based on identity discriminate against a whole community, which violates Article 14 and Article 15 of the Constitution of India. Given the situation of mob attacks in the country presently, there is a need for separate legislation and strict implementation procedures to curb the attacks and punish the wrongdoers. Laws such as “Manav Suraksha Kanoon” are needed to be enforced, and strict actions should be taken against violators of hate crime laws. It is to be noted here that these crimes are fundamentally different from other types of violent crime, and therefore are to be looked from a different angle. It is only through these steps we can curb the cancer of hate crimes out of our society.

Author: SHRADDHA JINDAL

Maharashtra National Law University, Aurangabad