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Case Study of Development

India Case Study of Development

Use the images below to explore development in India.

How and why is development across India in uneven?

How have changes to economic sectors had positive and negative effects in India?

International trade and aid in India

How are public and private investment in India changing?

Population Increase in India

How is inequality increasing in India?

How do geopolitical relationships affect India’s development?

How has technology and connectivity increased developed in India?

What are the positive and negative impacts of rapid development in India?

How is the Indian government trying to improve people’s quality of life?

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Physical Risk - Risk Management - Transition Risk

India: A Case Study in Climate Mitigation and Adaptation

This article explores the difficult trade-offs that need to be made between the competing claims of climate mitigation, adaptation, and economic development..

Thursday, September 14, 2023

By Maxine Nelson

This article has been extensively updated, incorporating new COP 27 commitments, Reserve Bank of India (RBI) statements and current green bond issuance. It was originally published Oct. 18, 2021.

After decades of population growth and economic development, India is now the third largest emitter of greenhouse gases in the world. In addition, India is among the countries most vulnerable to climate change due to its geography and dependence on agriculture.

It has been estimated that if emissions are not significantly reduced, India could suffer economic losses of USD 35 trillion . Indeed, much of India has been experiencing annual heatwaves followed by intense flooding, and in 2021 alone it experienced even more  extreme weather events — including cyclones and a glacier collapse. Thus, India makes a thought-provoking case study for policymakers and risk professionals given the difficult trade-offs that need to be made between the competing claims of climate mitigation, adaptation and economic development.

Climate Change’s Effect on India

The banking regulator, Reserve Bank of India (RBI) , explains that “India has witnessed changes in climatic patterns in line with the rest of the world… the rainfall pattern, particularly with respect to the [south west monsoon] SWM, which provides around 75 percent of the annual rainfall, has undergone significant changes. Moreover, the occurrence of extreme weather events like floods/unseasonal rainfall, heat waves and cyclones has increased during the past two decades, and data reveal that some of the key agricultural states in India have been the most affected by such events.”

A more recent, detailed RBI study points out that “it is the increased frequency of extreme weather occurrences that is breaking the back of our capability to cope with natural disasters.” As shown by India’s nationally determined contributions (NDCs) — the actions it has committed to take to reduce its emissions and adapt to the impacts of climate change — it is among the most vulnerable countries in the world to the impact of accelerated sea level rise from global warming. This is due to its long coastline, large number of islands and population of 170 million living in coastal regions.

The RBI also notes that precipitation and temperature — the two key climate indicators — “play a crucial role in the overall health of the Indian economy.” As well as affecting food production, the extreme weather in agricultural states impacts employment and GDP, with approximately 44% of the working population employed in agriculture and allied sectors which contribute about 20% of GDP, according to M.K. Jain, the deputy governor of the Reserve Bank . Several challenges confronting Indian agriculture, including diminishing and degrading natural resources and unprecedented climate change, need to be tackled for the long-term sustainability and viability of Indian agriculture.

However, there is uncertainty over how large the impacts might be. The Swiss Re Institute , for example, estimates a 35% reduction in the level of India’s GDP by 2050 if greenhouse gas emissions are not reduced globally, and approximately a 6% GDP reduction even if the Paris Agreement goals are met. An Oxford Economics report “Estimating the Economic Impact of Global Warming” has framed the impact differently, estimating that India’s GDP could be 90% lower in 2100 than it would be if there was no climate change, suggesting that climate change has the potential to absorb all of India’s future prospective growth in income per capita. And  Deloitte  has estimated USD 35 trillion of economic losses by 2070. While these different approaches produce diverse estimates, they all show that the impact will be big and require additional investments in both mitigation and adaptation.

India’s Effect on Climate Change

Not only will the changing climate have a significant impact on India, but India is also expected to have a significant impact on the climate. Although historically it has not had high emissions, India rose to the number three spot in the national emissions rankings 15 years ago, behind China and the U.S. The RBI noted that “With the increase in population, the cumulative level of greenhouse gas (GHG) emissions has increased, resulting in a rise of average temperature. According to a study by the International Energy Agency (IEA), India emitted 2,299 million tonnes of carbon dioxide (CO 2 ) in 2018, a rise of 4.8% over the previous year.”

Unfortunately, India’s future potential emissions are not yet aligned with the Paris Agreement goals. India’s NDCs currently correspond to temperature increases above 3°C, according to Climate Action Tracker . (You can find out more about NDCs and their place in the Paris Agreement in this  short article . ) India increased its commitment to reduce greenhouse gas emissions at COP 26, the 2021 annual meeting of the signatories of the Paris Agreement, where it pledged to cut its emissions to net zero by 2070. While this was a large increase in commitment, it isn’t yet aligned with the worldwide goal of cutting emissions to net zero by 2050 needed to limit global warming to 1.5°C.

Maxine Nelson

In advance of COP 27, India has again increased its commitment and pledged to a 45% reduction in GDP emissions intensity by 2030 — marking an 10% increase from the previous pledge. Any emissions reduction is helpful to mitigate climate change. However, as the pledge is based on emissions intensity and not absolute emissions, emissions can continue increasing as the economy expands. This pledge, therefore, doesn’t meet the net-zero goal of reducing emissions by 45% by 2030. Still, the effort required to overcome the challenge of rapidly expanding an economy while decreasing emissions intensity needs to be appreciated.

To further mitigate climate change, India may need to agree to reduce its emissions even more — a big task for a developing economy with average annual energy consumption of a third the global average, and per capita emissions already 10 times lower than that of the U.S., four times lower than China, and three times lower than Europe. With IPCC reports highlighting the urgency of tackling climate change quickly to reduce the loss and damage for humans and ecosystems, it is even more important that emissions reductions are ambitious.

Financing Mitigation and Adaptation

A 2021 RBI Financial Stability Report noted that climate change and the associated mitigating policy commitments are “set to reshape the macroeconomic and financial landscape”. Extensive funding is needed both to reduce future emissions and to finance the adaptation needed to manage the impacts of climate change. In their 2016 NDC, India estimated that at least USD 2.5 trillion (at 2014-15 prices) would be required for meeting its climate change actions between 2016 and 2030. And the International Energy Agency estimates that nearly 60% of India’s CO 2 emissions in the late 2030s will be coming from infrastructure and machines that do not exist today. If this investment is to be sustainable, USD 1.4 trillion extra funding (above that required for current policies) is needed over the next 20 years.

Like most of the world, green bond issuance in India — which could provide some of this funding — is currently a small proportion of all bond issuance.  The rate of issuance is increasing, however, with USD 21.6 billion of green, sustainable or social bonds issued in 2022. And in 2023, the Government of India entered the green finance market issuing USD 2 billion of green bonds to finance their spending on a range of projects including solar power, green hydrogen and afforestation. As they obtained a greenium (lower financing costs than other equivalent bonds), we should expect to see more of these issued in the future.

There are also substantial opportunities in other financial markets, such as the  development of a derivatives market   to aid adaptation via products such as:

• agricultural commodity derivatives, which can help reduce risks by enabling continuous price discovery and providing hedging
• weather derivatives, which can hedge the risks of high-probability, low-risk events

Of course, meeting the needs of climate change financing carries the usual financial risk implications of any lending. An RBI analysis shows that banks’ direct exposure to fossil fuels (through electricity, chemicals and cars) is 10% of total outstanding non-retail bank credit, so it should have a limited impact on the banking system. However, it notes that many other industries indirectly use fossil fuels and their impacts also need to be closely monitored.

Regulatory Response

The RBI has noted that policy measures such as a deepening of the corporate bond market, standardization of green investment terminology, consistent corporate reporting and removing information asymmetry between investors and recipients can make a significant contribution in addressing some of the shortcomings of the green finance market.

Like in most of the rest of the world, there is an increasing regulatory focus on climate risk. The RBI Governor has stated that guidelines will be issued about disclosure of climate-related risks, and also scenario analysis and stress testing. This followed last year’s RBI consultation which asked for inputs on a comprehensive range of topics from climate risk governance to strategy, and risk monitoring, management and mitigation at regulated entities. This consultation, in turn, built on the results of an RBI survey of banks that was also published last year. The survey found that “although banks have begun taking steps in the area of climate risk and sustainable finance, there remains a need for concerted effort and further action in this regard.” It also found that board-level engagement is inadequate, and few banks had a strategy for incorporating climate risk into their risk management framework. To see what leading climate risk firms are doing globally look at GARP’s whitepaper: “ Climate Risk Leadership: Lessons From 4 Annual Surveys .”

Given the widespread impact of climate change, it isn’t just the banking regulator that is looking at how climate risk will affect firms in its jurisdiction. In 2021, the Securities and Exchange Board of India (SEBI) mandated that the largest 1,000 listed firms complete a Business Responsibility and Sustainability Report . The report asks for information like material ESG risks and opportunities and their financial implications; sustainability related targets and performance; and their greenhouse gas emissions. Companies’ value chains also need to be assessed. This requirement is being progressively rolled out from 2023 to 2027, with the largest companies also required to get assurance of their disclosures.

In addition, SEBI has altered the rules for mutual funds , allowing them to have multiple ESG schemes with different strategies; in the past, a mutual fund could only have one ESG fund. This increase in scope follows one for green debt securities , which was expanded to include bonds such as blue bonds (sustainable water management and marine sector), yellow bonds (solar energy generation and transmission), transition bonds and adaptation bonds. Both of these expansions in scope should increase financing for sustainability related initiatives.

Reflecting the fact that addressing climate change is a global problem, needing both local and global solutions, the RBI joined the Network for Greening the Financial System (NGFS) in April 2021. The NGFS’s purpose is to strengthen the global response required to meet the goals of the Paris Agreement and to enhance the role of the financial system to manage risks and to mobilize capital for green and low-carbon investments. These goals align very well with the work India needs to undertake to make not just its financial system resilient to the risks from climate change, but to balance mitigation, adaptation, and economic development across the country.

Maxine Nelson , Ph.D, Senior Vice President, GARP Risk Institute, currently focusses on sustainability and climate risk management. She has extensive experience in risk, capital and regulation gained from a wide variety of roles across firms including Head of Wholesale Credit Analytics at HSBC. She also worked at the U.K. Financial Services Authority, where she was responsible for counterparty credit risk during the last financial crisis.

ESG Explained: What It Is and Why It Matters Jun 30, 2023

The 4 Main Drivers of Transition Risk, and Why the Risks Are Increasing Apr 12, 2022

Understanding the Physical Risks Associated with Climate Change Apr 27, 2022

4 Key Areas to Know About Climate Change May 18, 2023

India: A Case Study in Climate Mitigation and Adaptation Sep 14, 2023

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Ancient History of India- Complete Notes for UPSC, Free Download

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Ancient History of India Notes

1.what is history, 2.the stone age, 3.chalcolithic (stone copper age), 4.harappan civilisation (3300bce- 1300bce), 5.various aspects of harappan civilisation, 6.the decline of harappan culture, 7.vedic culture, 8.later vedic phase, 9.the mahajanapadas, 10.persian and greek invasions, 11.religious traditions: jainism, buddhism and shramanism, 12.mauryan empire(321bc-185bc), 13.understanding mauryan society, 14.sources of mauryan history and ashoka’s edicts, 15.post mauryan age, 16.megalith and sangam age, 17.age of satvahanas, 18.the gupta empire (from 240ad to 455ad), 19.india during its golden age, 20.the deccan states of ancient india (300-750 ad), 21.the post gupta age, related posts.

Ancient History of India

The ancient history of India starts from the stone age where early humans utilized stone tools, evolving through the Paleolithic, Mesolithic, and Neolithic Periods. This journey saw the emergence of agriculture and settled life, culminating in the sophisticated Indus Valley Civilization around 2500 BCE, known for its urban planning and technological advancements. Following its decline, the Vedic period began, introducing the Vedas, the foundation of Hindu philosophy, and establishing the social and religious framework that would influence Indian society for centuries. Successive periods saw the emergence of great empires like the Maurya and Gupta, under whose reign science, mathematics, literature, and art flourished. This era is marked by iconic texts such as the Vedas, Upanishads, and the Mahabharata, and by monumental architectural achievements, showcasing the profound and enduring legacy of India’s ancient History. 

The study of Ancient History of India is important for UPSC civil services exam preparation, offering both depth an intrigue. We have provided well designed Ancient History notes to simplify the syllabus , ensuring a smoother learning journey for UPSC Aspirants. Important topics under Ancient History of India are given Below:

The word history is derived from the ancient Greek word ‘Historia’, which translates into ‘an inquiry. Thus the knowledge acquired by the investigation of the events of the past is history. In simple terms, it is the enquiry of the ‘human past’.

Learn More About What is History >

The Stone age refers to the prehistoric period during which stone tools were the most prevalent form of articles used by early man. The use of stone tools started about 2.5 million years ago with the arrival of the early humans (‘Homo Habilis’ and Australopithecus). They were one of the earliest bipedal primates and used tools to hunt primarily.

Learn More About The Stone Age >

Chalcolithic is made from two Greek words, khalkos and lithos, meaning copper and stone, respectively. It dates from 6,500 years ago to around 2500 years ago. This marks the beginning of the use of metalwork technology. For the first time, people started using metals along with stone tools.

Learn More About Chalcolithic  >

Harappan civilisation was the first urban culture in the Indian subcontinent. It was a bronze age culture that flourished in the Northwestern Indian subcontinent. It was earlier known as the Indus valley civilisation as most sites discovered were near the Indus valley river system.

Learn More About Harappan Civilisation >

Town Planning Harappan civilisation features very impressive and very well-planned structures of the towns.

Learn More About Various Aspects of Harappan Civilisation >

Around 1900BCE, cities like Harappa, Mohenjodaro and Kalibangan experienced a gradual decline. This era is referred to as the Late Harappan period and is divided into two phases – a Transitional Phase(1900-1700BCE) and a Cemetary H phase (1700-1300BCE).

Learn More About The Decline of Harappan Culture >

The Vedic civilisation started with the advent of the Aryans in around 1500 BC, which coincided with the Late Harappan period (associated with the decline of the Indus valley civilisation). Aryans spoke Sanskrit, which is considered the origin of most of the current languages of the Indian subcontinent and is said to be a part of Indo-European languages, which is the origin point of most European languages and Persian.

Learn More About Vedic Culture >

The later Vedic period extended roughly from 1000 B.C. to 600 B.C., during which some Vedic tribes had migrated from the 'Sapta Sindhu' region to the upper Ganga Valley and other adjacent areas. The history of the later Vedic phase is based primarily on Vedic texts, which were compiled after the age of Rigveda.

Learn More About Later Vedic Phase >

‘Janapada’ (spelt as Janpad) comes from the Sanskrit root Jana meaning a tribe, and pada meaning feet. Thus, ‘Janapada’ means the area where the people of the ‘Jana’ tribe set their foot.

Learn More About The Mahajanapadas >

In the 6th century BCE, India's northwest was a site of conflict between various principalities. Kambojas, Gandharas and Madras fought with each other. Since there was an absence of a powerful overarching kingdom, the principalities of the northwest could not be organised into one kingdom. This area was also wealthy and easily entered through passes in the Hindukush. Due to these reasons, foreign rulers invaded India.

Learn More About Persian And Greek Invasions >

Why history of ancient india important.

Ancient History of India is an important part of the history of the Indian subcontinent, and understanding its Ancient history and culture is crucial for UPSC CSE preparation. Here are a few reasons why:

1. Ancient History of India is an important part of the syllabus for the UPSC CSE exam , and a good understanding of ancient India can help you score well in the exam. 2. Ancient History notes will play a significant role in the development of the cultural and intellectual traditions of modern India, and understanding ancient India can help you understand the present-day context of India. 3. History of ancient India made significant contributions to the world in the fields of art, literature, science, and philosophy, and understanding these contributions can help you understand India’s place in the world. 4. Ancient History of India is closely linked to the history of the Indian subcontinent as a whole, and understanding ancient India can provide a deeper understanding of the region’s past and present.

Importance of Ancient History of India:

• Ancient History of India is an essential part of the syllabus for the UPSC CSE exam, and a good understanding of ancient India can help you score well in the exam.
• Ancient History played a significant role in the development of the cultural and intellectual traditions of modern India, and understanding ancient India can help you understand India’s present-day context.
• Ancient History of India made significant contributions to the world in the fields of art, literature, science, and philosophy, and understanding these contributions can help you understand India’s place in the world.
• Ancient history of India is closely linked to the history of the Indian subcontinent as a whole, and understanding ancient India can provide a deeper understanding of the region’s past and present.

Topics covered under Ancient History of India

Ancient India refers to the history of the Indian subcontinent from the earliest civilizations to the emergence of Rajputs in India. Introduction of paper is the major differentiating point in the ancient and medieval history.

The ancient history of India is divided into several periods, including the Stone Age, Indus Valley Civilization (3300 BCE – 1300 BCE), the Vedic Period (1500 BCE – 500 BCE), the Maurya Empire (321 BCE – 185 BCE), and the Gupta Empire (320 CE – 550 CE).

1. The Stone age:

The Stone Age refers to the prehistoric period during which stone tools were the most prevalent form of articles used by early man. The use of stone tools started about 2.5 million years ago with the arrival of the early humans (‘Homo Habilis’ and Australopithecus). They were one of the earliest bipedal primates and used tools to hunt primarily.

2. The Indus Valley Civilization

The Indus Valley Civilisation was one of the earliest and most advanced civilizations in the world, with major cities such as Harappa and Mohenjo-daro. The Indus Valley Civilization (IVC) was characterized by its sophisticated urban planning, advanced technology, and diverse cultural practices.

3. The Vedic Period

The Vedic Period saw the emergence of the Vedas, the oldest sacred texts of Hinduism, and the development of Hinduism as a religion. The Maurya Empire, under the rule of Emperor Ashoka, was a period of outstanding political and cultural achievements. Ashoka is known for his policies of non-violence and religious tolerance and his contributions to the spread of Buddhism.

4. Later Vedic Period

The later Vedic period, or post-Vedic age, extended roughly from 1000 B.C. to 600 B.C., during which some Vedic tribes had migrated from the ‘Sapta Sindhu’ region to the upper Ganga Valley and other adjacent areas. The history of the later Vedic period is based primarily on Vedic texts, which were compiled after the age of Rigveda.

5. The Mauryan Empire

The Mauryan Empire existed in the 4 th -3 rd century BCE, it had a profound impact on the cultural and religious sphere. Buddhism spread not only in India but also to the other parts of Asia in this period. This period features the largest empire that India saw, under the able leadership of kings like Chandragupta Maurya and Ashoka.

6. The Sangam Age

One of the greatest repositories of literature in India was created in the 2 nd century BCE to 3 rd Century BCE. This is known as the Sangam Age. After the decline of Sangam kingdoms, several other kingdoms like the Pallavas and Chalukyas emerged.

7. The Gupta Empire

The Gupta Empire, which followed the Maurya Empire, was a period of outstanding cultural and scientific achievements. The Gupta Empire is known for its advances in mathematics, science, and literature and its achievements in art and architecture.

8. The Foreign Invasion:

Foreign invasions also played a significant role in ancient India’s history. Alexander invaded western part of India in the 4th century BCE. After him, several central Asian tribes like Saka, Kushana, and Hunas arrived in several waves till 5 th Century CE.

Overall, ancient India made significant contributions to the world in the fields of art, literature, science, and philosophy. Its legacy can still be seen in the cultural and intellectual traditions of modern India.

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Puttaswamy Case - Important SC Judgements for UPSC

Nine judges of the Supreme Court assembled to determine whether privacy is a constitutionally protected value. The issue reaches out to the foundation of a constitutional culture based on the protection of human rights and enables this Court to revisit the basic principles on which our Constitution has been founded and their consequences for a way of life it seeks to protect.

This case presents challenges for constitutional interpretation. If privacy is to be construed as a protected constitutional value, it would redefine in significant ways our concepts of liberty and the entitlements that flow out of its protection.

This article will discuss one of the important cases of SC – Puttaswamy Case in the context of the  IAS Exam .

Many Supreme Court judgements have changed the face of Indian polity and law. These landmark SC judgements are very important segments of the UPSC syllabus .

In this series, we bring to you important SC judgments explained and dissected, for the benefit of IAS aspirants. In this article, you can read all about the Puttaswamy Case. Get a list of landmark SC judgements for the UPSC exam in the linked article.

The candidates can refer to relevant information from the links provided below:

Puttaswamy Case

Case Summary – Justice K. S. Puttaswamy (Retd.) V Union of India

The right to privacy is widely considered one of the basic human rights and the same is explicitly stated under Article 12 of the 1948 Universal Declaration of Human Rights:

“ No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

Most nations in the West have a robust framework of laws regarding privacy and a need for the same in India has been felt for a very long time now. The Supreme Court had already made strong observations on the matter in various judgements which include:

• M.P. Sharma v Satish Chandra
• Maneka Gandhi v Union of India
• Kharak Singh v State of UP, and
• Peoples Union for Civil Liberties v Union of India.

The right to privacy of an individual was again brought to the fore by the issuance of Aadhar Cards. Retired Justice Puttaswamy challenged the constitutionality of Aadhar before the Supreme Court by filing a writ petition. The petitioner contended that with regard to all the previous apex court judgements, the Right to Privacy is a fundamental right and the Aadhar procedure violated this right.

Issues before the Court

• The issue before the Court was whether Right to Privacy was a fundamental right despite it not being expressly provided for by the Constitution.
• The question that also arose was that since the Court had stopped short of declaring the right to privacy an absolute fundamental right in some of the above-mentioned judgements, the petitioner wanted the Court to clarify whether the view expressed in these previous judgements was the correct constitutional position.

Also read: Privacy and India

Petitioner’s views

The petitioner put forth that the right to privacy of an individual was an intrinsic part of the right to life and personal liberty as guaranteed by Article 21 of the Constitution. Therefore, along with the other rights contained in Part III, the Court as the guardian of the rights of the people had a duty to safeguard this right.

Respondents’ views

The respondents through their counsels argued that the Right to Privacy has not been expressly provided for in the Constitution and as such reading it into the right of life and personal liberty will be akin to judicial overreach. They also contended that Article 21 had no application in either the M.P. Sharma case or the Kharak Singh case.

Puttaswamy Case Judgement

The Court in its judgement stressed upon the following points:

• It was held that privacy concerns in this day and age of technology can arise from both the state as well as non-state entities and as such, a claim of violation of privacy lies against both of them.
• The Court also held that informational privacy in the age of the internet is not an absolute right and when an individual exercises his right to control over his data, it may lead to the violation of his privacy to a considerable extent.
• It was also laid down that the ambit of Article 21 is ever-expanding due to the agreement over the years among the Supreme Court judges as a result of which a plethora of rights has been included within Article 21 .

The judgement in this landmark case was finally pronounced by a 9-judge bench of the Supreme Court on 24 th August 2017 upholding the fundamental right to privacy emanating from Article 21. The court stated that Right to Privacy is an inherent and integral part of Part III of the Constitution that guarantees fundamental rights . The conflict in this area mainly arises between an individual’s right to privacy and the legitimate aim of the government to implement its policies and a balance needs to be maintained while doing the same.

The SC also declared that the right to privacy is not an absolute right and any incursion of privacy by state or non-state actors must satisfy the following triple test:

• Legitimate Aim
• Proportionality

The decision of all the nine judges also held the following:

• The decision given in M.P. Sharma v Satish Chandra, which held that the Right to Privacy is not protected by the Constitution of India, stands over-ruled.
• The decision in Kharak Singh, to the degree it holds that Right to Privacy is not guaranteed by Part III, also stands over-ruled.
• The right to privacy of an individual is not only protected by the Constitution under Article 21 but is also an intrinsic part of the scheme of Part III which guarantees fundamental rights.

India’s commitments under International law

• The recognition of privacy as a fundamental constitutional value is part of India’s commitment to a global human rights regime.
• Article 51 of the Constitution, which forms part of the Directive Principles, requires the State to endeavour to “foster respect for international law and treaty obligations in the dealings of organised peoples with one another”.
• Article 12 of the Universal Declaration of Human Rights recognises the right to privacy.

Analysis of the Judgement

Critics believe that this judgement is another chapter in the long list of instances of judicial overreach by the Court. The Supreme Court has time and again interpreted the Constitution on issues that are not expressly mentioned therein. It is, however, pertinent to mention that the principle of interpreting fundamental rights is particularly well-settled and as such calling this verdict judicial overreach is far-fetched. As Justice Chandrachud pointed out, this judgement cannot be termed as a constitutional amendment brought by a judicial decision and in all fairness, there is immense merit in this line of argument.

The Court has also been criticised for arguing in favour of a consent-based privacy framework which may not be appropriate for the modern data-based disruptive technological setup. The Court is basically recommending a framework that is well beyond its terms of reference and the details of which are left for the executive to decide. But considering that the whole idea of privacy invasion immensely benefits the state, it does not make much sense.

The Supreme Court has once again risen to the occasion by protecting individual rights against the assault in the form of invasion of privacy. The judgement protects individual privacy despite the fact that a privacy law framework is still missing in the country even after gigantic technological advances which are a direct threat to the right of privacy. The judgement also paved the way for landmark judgements like the decriminalisation of homosexuality in Navtej Singh Johar v. Union of India (2018) and ending the provisions of the crime of adultery in the Joseph Shine v. Union of India case (2018).

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Preamble to the Indian Constitution

Last updated on October 10, 2023 by Alex Andrews George

This post, Preamble to the Indian Constitution, is a part of our new ambitious article series on Indian Constitution and Polity, covering all the important topics from Article 1 to Article 395.

We have already published a mega-post listing all the articles (1-395) of the Constitution of India arranged under their respective chapters and parts.

In the coming posts, we plan to elaborate on each sub-topic. Our basis of discussion will be the Constitution of India.

Each post will discuss articles taken from Constitution first.  Their explanations, questions and concepts follow in the later part of each post. Aspirants are advised to revisit each of the coming posts time and time again, as we may update posts with current events related to the Indian Consitution.

We hope this article series greatly benefit all aspirants to prepare well for Prelims and Mains under our Prelims cum Mains Integrated approach . So let’s start well with the Preamble.

Also read: Impartiality and Non-Partisanship

Table of Contents

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The preamble to the Indian Constitution

The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution. The preamble gives an idea about the following: (1) the source of the constitution, (2) the nature of the Indian state (3) a statement of its objectives and (4) the date of its adoption.

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.

Source of the Constitution

We, the people of India.

The phrase “We the people of India” emphasises that the constitution is made by and for the Indian people and not given to them by any outside power.

It also emphasizes the concept of popular sovereignty as laid down by Rousseau: All the power emanates from the people and the political system will be accountable and responsible to the people.

Nature of Indian state

• Sovereign: India is internally and externally sovereign – externally free from the control of any foreign power and internally, it has a free government that is directly elected by the people and makes laws that govern the people. No external power can dictate the government of India.
• Socialist: “Socialism” is an economic philosophy where means of production and distribution are owned by the State. India adopted Mixed Economy, where apart from the state, there will be private production too. Socialism as a social philosophy stresses more on societal equality.
• Secular: Features of secularism as envisaged in the Preamble is to mean that the state will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice. (S R Bommai and Others v Union of India, AIR 1994 SC 1918)
• Democratic: Indicates that the Constitution has established a form of government that gets its authority from the will of the people. The rulers are elected by the people and are responsible to them.
• Republic: As opposed to a monarchy, in which the head of state is appointed on the hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country.

Objectives of Indian State

• Justice: Social, Economic and Political.
• Equality: of status and opportunity.
• Liberty: of thought, expression, belief, faith and worship
• Fraternity (=Brotherhood): assuring the dignity of the individual and the unity and integrity of the nation.

Date of its adoption

The date of adoption of the Constitution is 26th November 1949.  But most of the articles in the Constitution came into force on January 26th, 1950. Those articles which came into existence on 26th November 1949 is given by Article 394.

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Article 394 states that this article (394) and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January 1950, which day is referred to in this Constitution as the commencement of this Constitution.

26 January was selected for this purpose because it was this day in 1930 when the Declaration of Indian Independence (Purna Swaraj) was proclaimed by the Indian National Congress.

Info Bits related to Preamble of Indian Constitution

• Who was the Calligrapher of the Indian Constitution: Prem Behari Narain Raizada (1901–1966) was the calligrapher who hand-wrote the Constitution of India.
• Who was the chief artist behind the illustration of the original Indian Constitution: Nandalal Bose took up the historic task of beautifying/decorating the original manuscript of the Constitution of India. He was assisted by his disciple Beohar Rammanohar Sinha.
• Who designed and decorated the Preamble page of the Indian Constitution: The preamble page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha  of Jabalpur.
• Supreme Court of India  has, in the  Kesavananda case, recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. (In the 1995 case of Union Government Vs LIC of India also the Supreme Court has once again held that Preamble is an integral part of the Constitution.
• As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Forty-second Amendment changed this by adding words socialist and secular to read “sovereign  socialist   secular  democratic republic”.

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About Alex Andrews George

Alex Andrews George is a mentor, author, and social entrepreneur. Alex is the founder of ClearIAS and one of the expert Civil Service Exam Trainers in India.

He is the author of many best-seller books like 'Important Judgments that transformed India' and 'Important Acts that transformed India'.

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Reader Interactions

January 14, 2015 at 8:17 am

Can you send me web- location where experts give their opinion on current issues?? Plz help me and plz help me how can I do online preparation ??

May 3, 2016 at 4:58 pm

“Date of adoption of the Constitution is 26th November, 1950. But most of the articles in Constitution came into force on January 26th, 1950.”

In the above statement the date of adoption of the Constitution should be 26th November 1949 and not 1950. please correct it.

May 3, 2016 at 8:31 pm

@Santhosh: Thanks for pointing out the typo. We have updated the same. Welcome more feedback like this.

March 29, 2023 at 12:13 pm

brother you should have to go through the preamble first itself,it stated that IN OUR CONSTITUENT ASSEMBLY this twenty six day of november,1949 do HEREBY ADOPT,ENACT AND GIVE TO OUR SELVES THIS CONSTITUTION.

June 26, 2016 at 8:21 am

Intergrity is also added along with Unity in 42 amd act, 1976

October 18, 2016 at 6:22 pm

y cant u just upload lectures of these topics in youtube it is much usefel for us

July 25, 2017 at 9:53 pm

can judiciary make laws ?

November 18, 2017 at 9:20 am

No its only adjudicating body in the democratic process

January 29, 2019 at 1:15 pm

judgement passed by supreme court is itself a law.

February 21, 2018 at 11:43 pm

How come Secularism in India and SR Bommai Case are related to each other,kindly explain?

February 24, 2018 at 1:28 pm

Explain the schedules of preamble

April 25, 2018 at 10:00 pm

Is it enough for upsc about preamble

June 17, 2018 at 11:36 pm

For UPSC nothing is enough the more u study the more u get closer to UPSC

September 11, 2018 at 7:21 pm

I think the decorations and artworks in the Constitution were done under the supervision of Nandlal Bose from shantiniketan. Beohar Rammonohar Sinha was among the disciples of Nandlal Bose who worked on the Constitution under the supervision of Nandlal Bose. Though Beohar Rammonohar Sinha decorated the preamble solely thus a singnature as ‘Ram’ can be seen at the bottom right corner of the preamble page.

So, it would be incorrect to say “The preamble-page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur”. (The solely and the other pages should be removed).

December 17, 2018 at 12:48 am

Very much useful.

March 10, 2019 at 6:33 pm

How can we aware with all general awareness on exact time ,,,if you can do anything regarding to upsc please help to online study

July 28, 2019 at 2:06 pm

The 42nd Amendment Act also added the word “INTEGRITY” as it was not in the original PREAMBLE.

November 19, 2019 at 10:45 pm

This is incorrect. The preamble does not have the word “Socialist” in it. Bjp is a socialist party and that is a different thing.

June 15, 2020 at 2:31 pm

Can you explain about Lic of India vs Union of India case

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Landmark Cyber Law cases in India

• Post author By ashwin
• Post date March 1, 2021

By:-Muskan Sharma

Introduction

Cyber Law, as the name suggests, deals with statutory provisions that regulate Cyberspace. With the advent of digitalization and AI (Artificial Intelligence), there is a significant rise in Cyber Crimes being registered. Around 44, 546 cases were registered under the Cyber Crime head in 2019 as compared to 27, 248 cases in 2018. Therefore, a spike of 63.5% was observed in Cyber Crimes [1] .

The legislative framework concerning Cyber Law in India comprises the Information Technology Act, 2000 (hereinafter referred to as the “ IT Act ”) and the Rules made thereunder. The IT Act is the parent legislation that provides for various forms of Cyber Crimes, punishments to be inflicted thereby, compliances for intermediaries, and so on.

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However, the IT Act is not exhaustive of the Cyber Law regime that exists in India. There are some judgments that have evolved the Cyber Law regime in India to a great extent. To fully understand the scope of the Cyber Law regime, it is pertinent to refer to the following landmark Cyber Law cases in India:

• Shreya Singhal v. UOI [2]

In the instant case, the validity of Section 66A of the IT Act was challenged before the Supreme Court.

Facts: Two women were arrested under Section 66A of the IT Act after they posted allegedly offensive and objectionable comments on Facebook concerning the complete shutdown of Mumbai after the demise of a political leader. Section 66A of the IT Act provides punishment if any person using a computer resource or communication, such information which is offensive, false, or causes annoyance, inconvenience, danger, insult, hatred, injury, or ill will.

The women, in response to the arrest, filed a petition challenging the constitutionality of Section 66A of the IT Act on the ground that it is violative of the freedom of speech and expression.

Decision: The Supreme Court based its decision on three concepts namely: discussion, advocacy, and incitement. It observed that mere discussion or even advocacy of a cause, no matter how unpopular, is at the heart of the freedom of speech and expression. It was found that Section 66A was capable of restricting all forms of communication and it contained no distinction between mere advocacy or discussion on a particular cause which is offensive to some and incitement by such words leading to a causal connection to public disorder, security, health, and so on.

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In response to the question of whether Section 66A attempts to protect individuals from defamation, the Court said that Section 66A condemns offensive statements that may be annoying to an individual but not affecting his reputation.

However, the Court also noted that Section 66A of the IT Act is not violative of Article 14 of the Indian Constitution because there existed an intelligible difference between information communicated through the internet and through other forms of speech. Also, the Apex Court did not even address the challenge of procedural unreasonableness because it is unconstitutional on substantive grounds.

• Shamsher Singh Verma v. State of Haryana [3]

In this case, the accused preferred an appeal before the Supreme Court after the High Court rejected the application of the accused to exhibit the Compact Disc filed in defence and to get it proved from the Forensic Science Laboratory.

The Supreme Court held that a Compact Disc is also a document. It further observed that it is not necessary to obtain admission or denial concerning a document under Section 294 (1) of CrPC personally from the accused, the complainant, or the witness.

• Syed Asifuddin and Ors. v. State of Andhra Pradesh and Anr. [4]

Facts: The subscriber purchased a Reliance handset and Reliance mobile services together under the Dhirubhai Ambani Pioneer Scheme. The subscriber was attracted by better tariff plans of other service providers and hence, wanted to shift to other service providers. The petitioners (staff members of TATA Indicom) hacked the Electronic Serial Number (hereinafter referred to as “ESN”). The Mobile Identification Number (MIN) of Reliance handsets were irreversibly integrated with ESN, the reprogramming of ESN made the device would be validated by Petitioner’s service provider and not by Reliance Infocomm.

Questions before the Court: i) Whether a telephone handset is a “Computer” under Section 2(1)(i) of the IT Act?

• ii) Whether manipulation of ESN programmed into a mobile handset amounts to an alteration of source code under Section 65 of the IT Act?

Decision: (i) Section 2(1)(i) of the IT Act provides that a “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. Hence, a telephone handset is covered under the ambit of “computer” as defined under Section 2(1)(i) of the IT Act.

(ii)  Alteration of ESN makes exclusively used handsets usable by other service providers like TATA Indicomm. Therefore, alteration of ESN is an offence under Section 65 of the IT Act because every service provider has to maintain its own SID code and give its customers a specific number to each instrument used to avail the services provided. Therefore, the offence registered against the petitioners cannot be quashed with regard to Section 65 of the IT Act.

• Shankar v. State Rep [5]

Facts: The petitioner approached the Court under Section 482, CrPC to quash the charge sheet filed against him. The petitioner secured unauthorized access to the protected system of the Legal Advisor of Directorate of Vigilance and Anti-Corruption (DVAC) and was charged under Sections 66, 70, and 72 of the IT Act.

Decision: The Court observed that the charge sheet filed against the petitioner cannot be quashed with respect to the law concerning non-granting of sanction of prosecution under Section 72 of the IT Act.

• Christian Louboutin SAS v. Nakul Bajaj & Ors . [6]

Facts: The Complainant, a Luxury shoes manufacturer filed a suit seeking an injunction against an e-commerce portal www.darveys.com for indulging in a Trademark violation with the seller of spurious goods.

The question before the Court was whether the defendant’s use of the plaintiff’s mark, logos, and image are protected under Section 79 of the IT Act.

Decision: The Court observed that the defendant is more than an intermediary on the ground that the website has full control over the products being sold via its platform. It first identifies and then promotes third parties to sell their products. The Court further said that active participation by an e-commerce platform would exempt it from the rights provided to intermediaries under Section 79 of the IT Act.

• Avnish Bajaj v. State (NCT) of Delhi [7]

Facts: Avnish Bajaj, the CEO of Bazee.com was arrested under Section 67 of the IT Act for the broadcasting of cyber pornography. Someone else had sold copies of a CD containing pornographic material through the bazee.com website.

Decision: The Court noted that Mr. Bajaj was nowhere involved in the broadcasting of pornographic material. Also, the pornographic material could not be viewed on the Bazee.com website. But Bazee.com receives a commission from the sales and earns revenue for advertisements carried on via its web pages.

The Court further observed that the evidence collected indicates that the offence of cyber pornography cannot be attributed to Bazee.com but to some other person. The Court granted bail to Mr. Bajaj subject to the furnishing of 2 sureties Rs. 1 lakh each. However, the burden lies on the accused that he was merely the service provider and does not provide content.

• State of Tamil Nadu v. Suhas Katti [8]

The instant case is a landmark case in the Cyber Law regime for its efficient handling made the conviction possible within 7 months from the date of filing the FIR.

Facts: The accused was a family friend of the victim and wanted to marry her but she married another man which resulted in a Divorce. After her divorce, the accused persuaded her again and on her reluctance to marrying him, he took the course of harassment through the Internet. The accused opened a false e-mail account in the name of the victim and posted defamatory, obscene, and annoying information about the victim.

A charge-sheet was filed against the accused person under Section 67 of the IT Act and Section 469 and 509 of the Indian Penal Code, 1860.

Decision: The Additional Chief Metropolitan Magistrate, Egmore convicted the accused person under Section 469 and 509 of the Indian Penal Code, 1860 and Section 67 of the IT Act. The accused was subjected to the Rigorous Imprisonment of 2 years along with a fine of Rs. 500 under Section 469 of the IPC, Simple Imprisonment of 1 year along with a fine of Rs. 500 under Section 509 of the IPC, and Rigorous Imprisonment of 2 years along with a fine of Rs. 4,000 under Section 67 of the IT Act.

• CBI v. Arif Azim (Sony Sambandh case)

A website called www.sony-sambandh.com enabled NRIs to send Sony products to their Indian friends and relatives after online payment for the same.

In May 2002, someone logged into the website under the name of Barbara Campa and ordered a Sony Colour TV set along with a cordless telephone for one Arif Azim in Noida. She paid through her credit card and the said order was delivered to Arif Azim. However, the credit card agency informed the company that it was an unauthorized payment as the real owner denied any such purchase.

A complaint was therefore lodged with CBI and further, a case under Sections 418, 419, and 420 of the Indian Penal Code, 1860 was registered. The investigations concluded that Arif Azim while working at a call center in Noida, got access to the credit card details of Barbara Campa which he misused.

The Court convicted Arif Azim but being a young boy and a first-time convict, the Court’s approach was lenient towards him. The Court released the convicted person on probation for 1 year. This was one among the landmark cases of Cyber Law because it displayed that the Indian Penal Code, 1860 can be an effective legislation to rely on when the IT Act is not exhaustive.

• Pune Citibank Mphasis Call Center Fraud

Facts: In 2005, US $ 3,50,000 were dishonestly transferred from the Citibank accounts of four US customers through the internet to few bogus accounts. The employees gained the confidence of the customer and obtained their PINs under the impression that they would be a helping hand to those customers to deal with difficult situations. They were not decoding encrypted software or breathing through firewalls, instead, they identified loopholes in the MphasiS system.

Decision: The Court observed that the accused in this case are the ex-employees of the MphasiS call center. The employees there are checked whenever they enter or exit. Therefore, it is clear that the employees must have memorized the numbers. The service that was used to transfer the funds was SWIFT i.e. society for worldwide interbank financial telecommunication. The crime was committed using unauthorized access to the electronic accounts of the customers. Therefore this case falls within the domain of ‘cyber crimes”. The IT Act is broad enough to accommodate these aspects of crimes and any offense under the IPC with the use of electronic documents can be put at the same level as the crimes with written documents.

The court held that section 43(a) of the IT Act, 2000 is applicable because of the presence of the nature of unauthorized access that is involved to commit transactions. The accused were also charged under section 66 of the IT Act, 2000 and section 420 i.e. cheating, 465,467 and 471 of The Indian Penal Code, 1860.

• SMC Pneumatics (India) Pvt. Ltd. vs. Jogesh Kwatra [9]

Facts: In this case, Defendant Jogesh Kwatra was an employee of the plaintiff’s company. He started sending derogatory, defamatory, vulgar, abusive, and filthy emails to his employers and to different subsidiaries of the said company all over the world to defame the company and its Managing Director Mr. R K Malhotra. In the investigations, it was found that the email originated from a Cyber Cafe in New Delhi. The Cybercafé attendant identified the defendant during the enquiry. On 11 May 2011, Defendant was terminated of the services by the plaintiff.

Decision: The plaintiffs are not entitled to relief of perpetual injunction as prayed because the court did not qualify as certified evidence under section 65B of the Indian Evidence Act. Due to the absence of direct evidence that it was the defendant who was sending these emails, the court was not in a position to accept even the strongest evidence. The court also restrained the defendant from publishing, transmitting any information in the Cyberspace which is derogatory or abusive of the plaintiffs.

The Cyber Law regime is governed by the IT Act and the Rules made thereunder. Also, one may take recourse to the provisions of the Indian Penal Code, 1860 when the IT Act is unable to provide for any specific type of offence or if it does not contain exhaustive provisions with respect to an offence.

However, the Cyber Law regime is still not competent enough to deal with all sorts of Cyber Crimes that exist at this moment. With the country moving towards the ‘Digital India’ movement, the Cyber Crimes are evolving constantly and new kinds of Cyber Crimes enter the Cyber Law regime each day. The Cyber Law regime in India is weaker than what exists in other nations.

Hence, the Cyber Law regime in India needs extensive reforms to deal with the huge spike of Cyber Crimes each year.

[1] “Crime in India – 2019” Snapshots (States/UTs), NCRB, available at: https://ncrb.gov.in/sites/default/files/CII%202019%20SNAPSHOTS%20STATES.pdf (Last visited on 25 th Feb; 2021)

[2] (2013) 12 SCC 73

[3] 2015 SCC OnLine SC 1242

[4] 2005 CriLJ 4314

[5] Crl. O.P. No. 6628 of 2010

[6] (2018) 253 DLT 728

[7] (2008) 150 DLT 769

[8] CC No. 4680 of 2004

[9] CM APPL. No. 33474 of 2016

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Case Study: Nirbhaya Reforms Introduced in Rape Laws

• Nirbhaya is the pseudonym used for the rape victim of the infamous 16 December 2012 Delhi gang rape incident. The victims, a 23-year-old woman, Jyoti Singh, and her male friend, were returning home on the night of 16 December 2012 after watching the film Life of Pi in Saket, South Delhi.  
• They boarded the bus at Munirka for Dwarka at about 9:30 pm (IST). There were only six others on the bus, including the driver. One of the men, identified as minor, had called for passengers telling them that the bus was going towards their destination.  
• Her friend became suspicious when the bus deviated from its normal route and its doors were shut. When he objected, the group of six men already on board, including the driver, taunted the couple, asking what they were doing alone at such a late hour.  
• The friend, when he tried to protect Nirbhaya, was beaten up by the perpetrators. During the argument, a scuffle ensued between her friend and the group of men. He was beaten, gagged and knocked unconscious with an iron rod. The men then dragged Jyoti to the rear of the bus, beating her with the rod and raping her while the bus driver continued to drive.  
• Nirbhaya was not just sexually violated, her body was mutilated beyond human imagination.A medical report later said that she suffered serious injuries to her abdomen, intestines and genitals due to the assault, and doctors said that the damage indicated that a blunt object (suspected to be the iron rod) may have been used for penetration.That rod was later described by police as being a rusted, L-shaped implement of the type used as a wheel jack handle.She later died of multiple organ failure, internal bleeding and cardiac arrest on the 29th of December.
• A three-judge bench agreed that the act done by the accused did not deserve any sympathy.  
• In a strong message, that the diabolic crime had shocked the collective conscience of the society, and that the court can treat it as a rarest of rare cases where death sentences can be awarded. DNA identification, fingerprints, witness testimonies and odontology proved the presence of the accused in the bus and their involvement in the crime, as said by the Supreme Court.  
• The casual manner with which she was treated and the devilish manner in which they played with her body, her identity and her dignity is humanly unthinkable, said the bench.  
• The Supreme Court administered justice to the family of the victim and all the women in the country by confirming the punishment of death sentence to the four convicts in the Nirbhaya gangrape and murder case, terming it as the rarest of rare, most brutal and barbaric attack on the 23-year-old paramedic student, Jyoti Singh.The convicts treated the victim as an object of enjoyment and exploited her sexually to the worst level.  
• A three-judge bench, through a unanimous verdict, upheld the Delhi High Court judgement that had concurred with the trial court decision of the case.Mukesh , Pawan, Vinay Sharma and Akshay Kumar Singh were hanged till death for the brutality they had shown against a woman of the country.The bench awarded them the death sentence because their crime met rarest-of-rare threshold. After the incident, the fifth accused was not tried and he was sent to a correction home for three years because he was a minor at that time.

Changes Introduced After Nirbhaya Case:

• Criminal Law Amendment Act, 2013  
• The Criminal Amendment Act, 2013 is also popularly referred to as the Anti-rape Act .  
• Under this change, new offences such as stalking, acid attacks, and voyeurism were added into the definition of rape
• Even the threat of rape is now a crime and the person will be punished for the same.  
• The minimum sentence was changed from seven years to ten years considering the increase in the number of rape cases.  
• In cases that led to the death of the victim or the victim being in a vegetative state, the minimum sentence was increased to 20 years.  
• The character of the victim was totally irrelevant to rape cases and it doesn't make any difference in granting punishment for the crime.  
• Since one of the accused in this case was a juvenile, another flaw in the system was identified after this case. So, the age for being tried as an adult for violent crimes like rape was changed from 18 to 16 years, that to the Juvenile Justice Act, 2015.  
• There was also the inclusion of registering complaints and medical examination. The report categorically mentioned, Any officer, who fails to register a case of rape reported to him, or attempts to abort its investigation, commits an offence which shall be punishable as prescribed.  
• The committee gave extensive recommendations regarding avoiding marital rape as well as rapes committed via commission of void marriages.
• Insertion of Section 326A and B which cover the issue of Acid attack. The amendment Act has made it a Specific Offence under the act, punishable with 10 years Imprisonment extendable to life imprisonment or fine or both.
• Insertion of Section 354A which deals with Sexual harassment and punishment for the same.
• Insertion of Section 354B which covers the offence of compelling a woman to remove her clothes.
• Insertion of Section 354C which covers the offence of Voyeurism i.e. watching a woman when she is engaged in some private act including sexual acts or when her private parts are exposed.
• Insertion of Section 354D which covers the offence of stalking.
• The Age of consent has been enhanced from sixteen years to eighteen years.
• The definition of rape has been widened after the Nirbhaya Case.
• The Amendment Act has included more actions under the purview of what constitutes rape such as unconsented penetration of mouth, urethra, vagina, anus with the penis or other objects by anyone and unconsented application of mouth to vagina, urethra and anus.
• Insertion of Section 376 (2)(c) which covers the offence of Rape by personnel of armed forces.
• Insertion of Section 376A which deals with the Rape resulting in death or vegetative state.
• Insertion of Section 376D which deals with the crime of Gang rape.
• Repetition of offences is punishable with life imprisonment or death.
• Employment of a trafficked person can also attract penal provision as well.
• It has also been clarified that penetration means penetration to any extent, and lack of physical resistance or any sort of other resistances is immaterial for constituting the offence of rape.
• The CLA 2013 and MoHFW Guidelines are two landmark responses of the Government of India to the public protests  
• across the country after the Nirbhaya case.  
• The third response taken by the government was One Stop Centres to provide immediate to long-term care for survivors of GBV.  
• The protesters had several demands such as insufficient and incompetent security of women, unreliable public transport, improper functioning of the police force that often blamed rape victims and denied to write an F.I.R. for the crime inflicted upon them and forms of bureaucratic procedure surrounding sexual assault.  
• Justice Verma Committee was assigned the task of the reformation of the anti-rape laws of the country.  
• More female officers were added to Delhi's police force so that women can share everything with them.  
• Security was tightened and patrolling was increased and the police now had to undergo gender sensitization courses which help in understanding the issue of women rights and their safety.  
• Six fast track courts were set up to specifically deal with rape cases with the aim of providing immediate aid to rape victims.
• Laws against sexual assault were made even stricter.  
• Since one of the accused was a minor (17 years old) at the time of the crime, a need for changing juvenile laws had opened up.  
• A space for public discussion of sexual violence against women that had not existed before was created.  
• Failure to provide medico-legal care is now an offence under Section 166B of the IPC as per the CLA 2013.
• All the six men in the Nirbhaya rape case including the juvenile, were convicted by the court. All the accused were identified as Ram Singh, Mukesh Singh, Vinay Gupta, Pawan Gupta, Akshay Thakur and a juvenile.  
• Ram Singh, the bus driver, committed suicide on March 11, 2013, in Tihar Jail during the trial.  
• The minor was tried separately in a juvenile court and given the maximum sentence of three years' imprisonment in a reform facility.  
• In September 2013, the trial court had awarded capital punishment to Mukesh, Akshay, Pawan and Vinay. Subsequently, the three convicts besides Akshay had sought review of the judgment but it was dismissed. The order on the review petition filed by Akshay was dismissed by the Supreme Court on December 18, 2019 and Finally Hanged On March 20, 2020

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Labour Law - Notes, Cases & Study Material

In view of fast-paced global economies and ever-changing company culture, labour laws have assumed a greater significance than ever before..

In view of fast-paced global economies and ever-changing company culture, labour laws have assumed a greater significance than ever before. Labour law , as a subject, is of a constantly changing nature. It has also established its presence in the syllabus of business management schools as well as in Chartered Accountant, Company Secretary and works accountant institutes. It is also increasingly figuring in Master's courses like sociology, public administration etc.

Legal Bites' course on Labour Law consists of 3 well-rounded modules to help readers acquaint themselves with various aspects of labour and employment laws in India. Additional resources towards the end of the course also provide an excellent overview of the Indian labour system as well as an in-depth analysis of the intricacies of trade unions, minimum wage and industrial legislation.

Readers will be well-versed with labour , employment and industrial laws by the end of this course.

Click on the links below to read a detailed analysis of each topic:

• Introduction to Labour Laws: Scope and Development
• Overview of the Industrial Disputes Act 1947
• Development of Labou r Laws in India
• Development of Industrial Legislation in India
• An Analysis of Bonded Labour System in India
• A Critique on the suspension of Labour Laws
• Indian Trade Unionism and its Weaknesses
• Rights and Liabilities of a Registered Trade Union Explained
• Registration of Trade Unions in India | Step-by-Step
• Strikes And Lockouts: Concept, Explanation and Case Laws
• Right to Strike and Constitutional Validity
• Lay-off, Retrenchment and Closure: An Overview
• Mechanisms For Settlement Of Industrial Disputes
• Mechanism for Resolution of Industrial Dispute under Industrial Relation Code, 2020
• Factories Act, 1948; History, Objective & Applicability
• Minimum Wages Act, 1948: History, Objective & Applicability
• Minimum Wages Act, 1948: Important Provisions
• Case study on Maternity Benefit Act 1961: An Analysis

Important articles and study material on Labour Law – Click on the link to Read

• Case Analysis: Bangalore Water Supply v. R. Rajappa & Others 1978 AIR 548
• 10 Important Cases of Labour Law
• Occupier under the Factories Act, 1948
• Unfair Labour Practices in India
• History and Development of Trade Union in India
• Rights and Liabilities of a Registered Trade Union under Trade Union Act, 1926
• Object, Constitutional Validity and Salient Features of the Minimum Wages Act 1948
• Minimum Wages: Fixation and Procedure under the Minimum Wages Act, 1948
• Contract Labour (Regulation and Abolition) Act, 1970 – A Critical Analysis
• Authorities & Notice of Change under Industrial Dispute Act 1947
• Penalties under the Industrial Dispute Act 1947
• Registration and Licensing as under Factories Act 1948
• Health and Safety Provisions under the Factories Act, 1948
• Penalties and Provisions under the Factories Act 1948
• Theories of Labour Welfare
• Trade Union Act – In Brief
• Payment of Wages Act – In Brief
• Workmen Compensation Act – In Brief

Labour Laws: Positive Impact on the Protection of Women

Labour Law Question Answer Series: Important Questions for Exams Labour Law Question Answer Series 1 Labour Law Question Answer Series 2 Labour Law Question Answer Series 3 Labour Law Question Answer Series 4 Labour Law Question Answer Series 5 Labour Law Question Answer Series 6 Labour Law Question Answer Series 7 Labour Law Question Answer Series 8 Your valuable feedback in the form of comments or any desired inputs are encouraged and always welcome. Every contribution toward a goal is valuable, regardless of how small it may be.

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Legal Bites Study Materials correspond to what is taught in law schools and what is tested in competitive exams. It pledges to offer a competitive advantage, prepare for tests, and save a lot of money.

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