by Harsh Rai


India is considered to be a youth-oriented nation in the entire world, with 472 million young people and28.6% of the entire population under the age of 14. Having such an enormous amount of youth base creates enormous responsibility towards their welfare. India is a huge country and one of the largest developing countries. Despite significant progress in economic growth over the last five years, the nation has made an average of 7.3 %. It continues to face other BRICS countries with similar challenges strong growth rates combined with chronic poverty and disparity. These inequalities are evident in the poor human development of the most marginalised nations, including castes, the tribes, and the rural population, women, HIV transgendered persons, and migrants. Despite tremendous advances in India to address poverty, education and the level of HIV, the outcomes were mostly unequal. The children of India continue to suffer some of the world’s most difficult situations, including high rates of malnutrition, child labour, and forced prostitution as well as childhood diseases like diarrhoeal disease [i].


About73% of children in India live in rural regions and have frequently restricted access to basic requirements including nutrition, access to health care, education and protection. A large number of rural children often lead to negative repression concerning the fact that children have access to fundamental rights. India’s “Commissions for Protection of Child Rights (Act of 2005)”[ii] (amended in 2006) has influenced the promotion of the rights of children in India. The elimination of child labour, child protection, and young people in particular. The Commission’s mandate to make sure that the Child Rights Perspective enshrines in India’s constitution and the “1989 UN Convention on the Rights of the Child” is compliant with all the Laws, Policies, Programs and Management Mechanisms. The promotion of children’s rights in India is a priority of the government which is established in the constitution and protected by law. In India, children continue to be faced with obstacles, in particular those linked to access to education, forced labour, and child marriage, when these rights are attained[iii].


For children and families, social protection is vital to avoid and reduce poverty, tackle disparities and achieve children’s rights. Moreover, it is vital that social protection systems, by maximizing good benefits for children and limiting possible negative effects, adapt to children’s vulnerabilities[iv]. Social protection attentive to children can alleviate chronic poverty, social isolation, and external shocks that irrevocably harm children. For children living in rural areas, who typically confront increased vulnerabilities, aggravated by their living situations, this is particularly essential[v]. As just 27% of Indian children reside in urban areas, and 73% live in rural regions, it is vital to broadening access for children to social safety programs. In India, Child sensitive social protection (CSSP) projects, UNICEF, and the Ministry of Social Protection are therefore supporting by saving the children. The objective is to promote and implement the rights of children, ensuring that measures of social protection lead to significant investment in children[vi].


India 1991 adopted the “United Nations Convention on the Rights of Children in 1992”[vii] with its aim to create an ethical labour market for foreign companies. The Convention is rooted in the willingness of Jebb to alleviate children’s suffering by creating a healthy, joyful, and safe atmosphere that fostered them physically, psychologically, and emotionally. The Convention resonates strongly with these characteristics.  Following are the few rights mentioned in the conventions

Right to Identity (Article 7 & 8) The realization of their right to identity and registration is a crucial component in achieving children’s rights. India has one of the highest kid absence rates in the world. Only 41 %of births are recorded. The registration differences are significant in city-rural regions, with 59% of city children under five registered, compared with only 35% in rural areas[viii]. This leads to significant problems for these people since they cannot make use of child-sensitive social safety services and programs which, in the eyes of society, are invisible.

Right to Health (Article 23 & 24)A crucial indication for the achievement of children’s rights is the approach to access to health. In India, about 1 million children die under 5, estimated as 39 fatalities per 1,000 live births. It is very probable that access to health services such as maternity and newborn health care is disadvantaged for women and children. Regular pregnancy surveillance is performed by just 1 in 3 Indian women. Only 37% of newborns in rural regions receive skilled health workers. There are about 204 million people living in India undernourished and the most impacted are the Indian children. Children also confront other problems, including a high prevalence of HIV infections 3700 new children’s infections, lack of safe drinking water, and proper sanitary facilities. Lastly, the wider range of health care in rural areas is unevenly distributed among women and children[ix].

Right to Education (Article 28)“Article 21-A of Indian Constitution”[x] also talks about, Access to education in India continues to be a difficult and essential obstacle to child rights. In India, there are still 287 million adults, the biggest population worldwide, and 37 % of the world’s total, with the highest number of illiterate individuals. Während India’s literacy rate from 1991 to 2006 went 15 percent, the overall number of illiterates remained high after the population increase. Despite India’s attempt to spend 10.5% of total government education expenditures, its decentralized approach enables rich countries to spend far more on training than impoverished countries. For example, a rich country like Kerala spent $685 a year on education, whereas another poor state like Bihar paid $100 per year. This uneven distribution between children and rural people is marginalising higher education in particular.

Right to Life“Article 21, of Indian Constitution”[xi] asserts that“everyone has the right to life, liberty and the security of persons”, and that “no person shall be deprived of his life or personal liberty…”[xii].In India, life, survival and development of children remain issues of concern notwithstanding the fundamental right that has been established in the constitution. Every day, not only due to poverty, hundreds of children are losing their lives but because of their mom’s impunity. This is a cultural practice that continues to pose the primary danger to Indian children’s right to life. In reality, every day, hundreds of tiny Indian girls die before they are born or lose their lives because their families are not willing or willing to accept them. Several reasons contribute to women’s infanticides, including the system of dowry that “imposes an unbearable economic burden” on children.

Many Indian households use selective miscarriage of the women’s baby to deal with this problem (feticide). In fact, families kill infants by drowning, poisoning, suffocation, or purposeful carelessness leading to the death of the child, much more distressing when child’s birth is inevitable.

Right to Protection and Freedom of expression (Article 19 & 34)A child in India has the right in the domestic and other countries to be safeguarded from neglect, exploitation, and abuse. Children are entitled to be safeguarded against abuse, exploitation, violence, neglect, commercial sexual exploitation, smuggling, child labour, and customary harmful practices. However, more than 69% of children aged 5 to 18 years are victimised by maltreatment, according to government research carried out in 2007. Many have to suffer daily humiliation and violence[xiii].

The cultural norms that have no high regard and respect for the thoughts and views of children are an important component in the neglect of children. There is no particular reference to this right in Indian legislation as such and education concentrates on respecting children for adults. It is necessary to take another approach towards children and their needs to completely realise children’s right to protection. In the educational and educational sector, we must likewise invest in and prosecute those who disregard it, in the fundamental right of children to protection[xiv].


We can conclude on the norm that, post ratification of the Convention in 1990s. The Indian government subsequently made many acts to safeguard the legal interests of children in the country, 32 Situation for children and child rights in India A Desk Review. The country’s court is currently focused on fighting the scenario in which perpetrators of the victims with children are brought to justice. While attempts are obvious, the issue remains how effective the judiciary’s teeth are to curb increasing criminality against minors.

[i]DeveshSaxena, The Problems of Marginalized Groups in India, ACADEMIKE (Sept. 8, 2014),

[ii] The Commissions for Protection of Child rights Act, 2005, NO. 4, Acts of Parliament, 2006 (India).

[iii] HUMANIUM, (last visited July 22, 2021).

[iv]Id at III.

[v] Aditi Singh, An Insight into Child Rights in India, LAWLEX.ORG (Jun. 25, 2020),

[vi]Combatting COVID-19’s effect on children, OECD (Aug. 11, 2020),

[vii]UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, available at: %5Baccessed 22 July 2021].

[viii] HUMANIUM, supra note iii.


[x] INDIA CONST. art 21-a.

[xi]INDIA 21.


[xiii] HUMANIUM, supra note iii.

[xiv]Karen Broadley, What is child abuse and Neglect? CHILD FAMILY COMMUNITY AUSTRALIA (Sept. 2018),

[xv] Picture: Children Incorporated



by Sonika Bisht

This article mainly focuses on the human rights and the criminal justice in India. The paper introduces the relationship between human rights and criminal justice in India. It discusses the importance of human rights in administration of criminal justice. It also discusses the multiple reasons and causes for violations of human rights of people.


Human rights are those minimal rights, which every independent person must have as the citizen of India, irrespective of any other consideration of caste, creed, gender, religion, etc. These rights are naturally inherent. However, human rights are violated at every stage of life. Not only by our fellow individuals but are also violated by such social institutions which are meant to protect the rights of citizens. The denial of human rights and fundamental freedom is not only an individual and personal tragedy. It also creates situations of chaos in society.

[i]The criminal justice system plays a major role in effectuating human rights and thereby, protects the human rights of the citizens of a country. The criminal justice system has the power to control crime, prevent crime and punish the criminals. The pre-trial procedure involves arrest and Investigation under the Criminal

Procedure Code 1973.Criminal Justice System has composed mainly three vital organs, namely (i) Police, (ii) Judiciary and (iii) Prison. In India, the human rights have been characterised as fundamental rights and are given a special status. Fundamental Rights are important for the fact that they are considered inherent for every citizen and thus, their violation gives the citizens, the right to move to the Supreme Court and the High Courts under Article 32 and Article 226 of the Indian Constitution respectively.


Globally, criminal justice systems are principal sources of severe human rights infringement, including extrajudicial executions, torture, arbitrary detention, and unfairness. [ii]Over the past 10 years, the International Human Rights Clinic has developed considerable proficiency in documenting rights abuses in criminal justice factors and recommending for productive investigations, remedies, and reforms.

Criminal justice system of any country is the basis of establishing peace and tranquillity. It does not only include the judicial system but also the investigative machinery. Criminal justice is one of the critical areas of human rights where the legal system is tested on a continuous basis for preservation of peace and security in society on the one hand, and prevention of human dignity of both victims of crime and person accused of it, on the other. The importance of the right of access to justice for those interacting with the criminal justice system as complainants, suspects, status offenders or prisoners cannot be over-emphasised. As already stated, it is perhaps the most necessary of all human rights in the criminal justice system. The level to which human rights are valued and sheltered within the context of its criminal proceedings is an important measure of society’s civilization. By and large, the Supreme Court has, through progressive and humanistic understanding enlarged the rights of the suspect and the accused with a view to safeguarding the interest of the innocent and preventing abused or misuse of police powers. Of course, the development of law by the Supreme Court in this direction has evoked criticism from certain quarters but this criticism is not based on any empirical research.


The functionaries of the criminal justice system have the duty to safeguard the human rights of those who come in contact with them. They have to ensure that those who weaken the societal harmony by committing offences of any kind do not go without punishment. It is also their duty to make sure that the rights of such people are not dishonoured in the process of exploration and trial. This calls for a fine balancing of individual human rights and the societal interests while combating crime. It is familiar awareness that in our country the state functionaries from the very stage of investigation are culpable of various forms of human rights infringement and the abuse of human rights. Indian criminal justice system has solemnly fallen in disregard because of the perennial sluggishness and non-scientific investigation of crimes by the investigators, inordinate delay in the discarding of criminal cases by the adjudicators and poor rate of convictions. Police, which is a crucial functionary in the criminal justice system, has failed to be successful the self-belief of the common man. There is a vital need to bring changes in the police team both from within and from outside with an effective institutional grievance mechanism. This applies to action machinery as well. In some recent cases the Supreme Court dealt with the important role that public prosecutors have to perform in a criminal trial and castigated them for their failure to perform their duties under law. It is their duty to ensure that the guilty is brought to book and fair trial is ensured to all. The present prison system in India has collapsed due to their being over crowded by pre-trial and post conviction prisoners with overall appalling conditions within the prisons. All these problems have been vying for remedial actions at the hands of the policy makers and legislators but unfortunately these remain unattended substantially.


The word prisoner means any person who is kept under custody in jail or prison because he/she committed an illegal act by law of the land. A prisoner also known as a jailbird is anyone who against their will is dispossessed of liberty. This liberty can be disheartened by forceful restrain or detention Prisoners rights deal with the rights of the inmates while behind bars. Prisoner’s basic legal rights can’t be taken away from them. The basic rights include right to food and water, right to have an attorney to defend himself, protection from torture, violence and racial harassment. Section 1 of the Prison Security Act1992, defines the term prisoner. The word prisoner means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be locked up in legal custody. By my point of view if a person has conflict of the laws by committing any act which is prohibited under it, it is not fair to say that, if a person committee an act which is prohibited by law then the person is not discarded as a human being and that he can be deprived of those aspects of life which are essential to maintain his human decorum. We live in civilized society availability with the law and a system as such, it is important for every citizen having human rights. Even if the person is restricted because of the crime he committed, he is endorsed to their rights unchanged by the punishment for wrongs, simply because if a person is under trial, his rights cannot be discarded as a whole. It is a settled system that prisoners go to prison to be confined behind bars as the punishment of their crime and not to get subjected to physical and mental abuse.

Other than the basic human needs, which have now been included in the area of right to life under the Indian Constitution due to the judgements of the Supreme Court, right to life also allows a person to avail the guarantee of protection in cases of criminal justice administration. “The prisoners are no longer considered as an object or a slave of the nation, who the law would leave at the prison door and who would be convicted to ‘civil death’.”  It is progressively been established that a person does not disqualify to be a person just because he committed a crime and put behind the bars.

In India various legislations dealing with rights of prisoners have been enacted. The Supreme Court of India, through interpretation of Article 21 of the Constitution, has developed human rights jurisprudence for the protection of prisoners’ rights for the maintenance of human dignity. Deprivation of life and liberty is justifiable according to procedure established by law but the procedure cannot be arbitrary, unfair or unreasonable.

[iii]In Maneka Gandhi Vs Union of India the Apex Court laid down that the procedure cannot be arbitrary, unfair or unreasonable. This was further endorsed in Francis Coralie Mullin Vs the Administrator, Union Territory of Delhi and Others, when the court held that Article judiciary 21 requires that no one shall be deprived of his life or personal liberty except by procedure established by law and this procedure must be reasonable, fair and just and not arbitrary, whimsical or fanciful. The Indian judiciary has been very active and attentive in protecting the human rights of the prisoners.

In Zahid Hussein and Others Vs State of West Bengal, the Supreme Court observed that the conduct of the petitioners while in jail is an important factor to be considered as to whether they have lost their potentiality in committing crime due to long period of detention or not.

In R.D. Upadhyay Vs State of Andhra Pradesh and Others, the Supreme Court considered the issue of development of children who are in jail with their mothers, either as under testing prisoners or convicts. The Court observed that the jail environment was certainly not pleasant for development of the children. A study was ordered to be conducted by the National Institute of Criminology and Forensic Sciences where many suggestions were made for proper care of children of women prisoners. It was further recommended that arrest of women suspects be made only by lady police. Such arrests should be sparingly made as it affects innocent children who are taken into custody with their mothers.

[iv]Apart from the Constitutional rights there are also statutory rights available to the prisoners.


In this article, it is concluded that criminal law has always been a great source for the enlargement of human rights. These human rights and there place in the criminal justice system and constitutional jurisprudence are explored alongside the judicial craft that led to their expansion. The criminal justice system has the power to control crime, prevent crime and punish the criminals. The level to which human rights are valued and sheltered within the context of its criminal proceedings is an important measure of society’s civilization. Here, human rights perspective of criminal justice in India is also being concluded. And also we have discussed the prisoner’s rights in respect of human rights.

[i] P.N Bhagwati, Human Rights in the Criminal Justice system, JSTOR,

[ii] Criminal Justice & Human Rights, Human rights@Harvard Law,

[iii] Anuj Kumar, Human rights of prisoners, legal desire (June, 10. 2016),

[iv] Vivek Narayan Sharma, Prisoners’ rights in India, Toi Opinion (Oct, 20. 2018. 8:58 PM),

[v] Picture: KnowLaw

Sudarshan News & Supreme Court’s Freedom of Speech

by Krishna Agarwal

Freedom of Speech and expression is an integral part of a democratic society and the Freedom of the Press is the fourth pillar and guardian of a democracy. The Press keeps those in positions of public trust humble and hold them accountable for their actions. They are the voice of the powerless and the check on the power of the government. Yet at times, the press, in exercising that freedom, crosses some boundaries which a journalist should be mindful of. Something similar to this happened recently with the Indian news channel ‘Sudarshan News’ which ultimately led to the Supreme Court having to step-in and chastise the news channels.

It all started when the editor-in-chief of the Sudarshan News, Suresh Chavhanke tweeted a promo of a news story his channel was going to air about how Muslims have infiltrated the Indian Police Services by the way of Reservation in public services offered to SC/ST/OBCs. He went on to call it “UPSC Jihad”. He also openly demeaned the Jamia Milia Islamia University, calling the students “Jamia ke Jihadi”. The story was arguably an effort by the news channel to condemn the Muslim community for their efforts to seek entrance in the IPS exams. A stay was issued on the programme on 28 August 2020 by the Delhi High Court over over a petition filed by the students of the University. However, a permanent stay was not granted and on 10th September 2020,The Centre government’s Ministry of Information and Broadcasting gave the channel its nod on airing the stories. However, on 15th September, the Supreme Court ordered a ban on the broadcasting of any further shows related to this topic. The bench of Justice Indu Malhotra. Justice D Y Chandrachud, and Justice K M Joseph observed that,” Prima facie, it does appear to the Court that the intent, object and purpose of the episodes which have been telecast is to vilify the Muslim community. An insidious attempt has been made to insinuate that the community is involved in a conspiracy to infiltrate the civil services. The drift, tenor and content of the episodes is to bring the community into public hatred and disrepute…Any attempt to vilify a community must be viewed with disfavour by this court as a custodian of Constitutional values”. The court also stated that India is a blend of different religions, cultures, civilizations, languages and to insinuate an alternative motive of one community for appearing in a public service examination is a disservice to the nation.

Now, the larger issue is that of Free Speech and its regulation. Obviously, Freedom of Speech is the touchstone of a democracy yet even that right is not absolute in nature, as the courts observed as well. Certain restriction are imposed on Freedom of Speech such as Defamation, Public Interest, Public Safety, National Security, to name a few.  The Press needs to have an open voice in order to carry out its work properly yet it also needs to be mindful of the awesome power that it wields and to use it for the betterment of the society and to not incite hatred against a person or a community. Freedom of Speech is a double-edged sword and while one has the power to wield and use it, he also needs to be careful of how he uses it. Although the courts do not have the power to regulate it, they do have the power to preserve the sanctity of the constitution and its institutions, which is what the Supreme Court did in this case. Ending with a personal opinion, there needs to be a regulation of the news channels so as to avoid partisanship, sensationalism and gaslighting. We have consistently seen the decreasing standard of Indian news channels, with people using expletive words on Live TV. Journalistic Integrity calls for informing an electorate with the truth and to be an enemy of hyperbole, gaslighting and brisk sensationalism which is of no use to the public.

USA suspends H-1B Visa: Implication on Indian Workers

by Krishna Agarwal

The H-1B visa is offered by the United States Citizenship and Immigration services wing of the Department of Homeland Security. The visa allows US based companies to hire foreign workers with specific skill sets to work for them such as in technological sectors. The H-1B visa allows finer workforce to be hired by these companies from around the world. The standard duration of these visas is three years; however they can be extended up to six years. However, this type of Visa has become a bone of contention between the US governments, the companies seeking to employ foreign work forces as well as Indians seeking jobs in the US.

The H-1B visa was created in 1990 with the signing of the Immigration Act by then President George W. Bush. The act would allow specialised foreign workers with knowledge in a certain field and an equivalent Bachelor’s degree to be admitted into the United States. The visa has allowed various companies to hire skilled workers from around the world, while also paying a fee to the US government, to train American workforce so as to reduce the number of visa applicants.

However, this year this visa has been restricted by President Donald Trump in order to stop foreign workers to immigrate to US. The Novel Corona-virus pandemic has hit the United States particularly hard with over 6 million cases and more than 190,000 deaths. Due to the initial lock-down and wide-spread economic slowdown, the United states has seen a record number of unemployment with a staggering rate of 10%. This, coupled by the fact that most tech companies look for cheaper, outside workforce led the current administration to pass an Executive Order on 25 June 2020 restrict new H-1B visa acceptance till 31st December of this year.

The move has led to massive outrage among the leading tech conglomerates, with Mr. Sundar Pichai, the CEO of Google and Alphabet posting on Twitter, “Immigration has contributed immensely to America’s economic success, making it a global leader in tech, and also Google the company it is today. Disappointed by today’s proclamation – we’ll continue to stand with immigrants and work to expand opportunity for all”. The restriction falls heavily on Indian workers as Indians averagely receive 70% of the nearly 85,000 visas issued every year. This year alone, around two-thirds of the nearly 275,000 applications submitted were by Indian workers. This move has found these workers in a limbo who were hoping for an employment in the US, while also creating a frustrating scenario for US companies, many of whom rely on foreign workers.

The move has also provided fodder for President Donald Trump’s democratic rival in this Election, Former Vice-President Joe Biden, who has vowed to revoke the visa suspension and to also reform the immigration policies, in order to remove the Green card quota. The move has been one of many to woo the Indian-American population. Clearly, the course of the US Immigration policy for the upcoming decade and the future of Indian work force looking for employment under US based companies will be defined by this election.

The New Consumer Protection Act: An Overview

by Akshdeep Gupta

In a notification by the central government, on July 20, 2020 a Consumer Protection Act, 2019 was appointed, many new provisions were introduced by the way of this Act. This act has replaced its predecessor, the Act of 1986. This act provides a new dimension to overall consumer protection in India. The Act seeks to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers’ disputes. The Bill received the acquiescence of the President as on 9th August, 2019. The most important update is that this act prescribes new set of rules for sale of goods through e-commerce portals.[1] Some highlights are:

Advertisements that are misleading

The Act contains provisions to deal with misleading advertisements. ‘Misleading advertisements’ are defined under Clause 2(28). Misleading advertisements can attract penalty upto rupees ten lakhs from the CCPA under Clause 21. It is also an offence punishable with imprisonment for a term which may extend to five years and with fine extend to fifty lakh rupees as per Clause 89.

Celebrity endorsers’ liability

The act consists of provisions for liability of endorsers. The term “Endorsement” is defined under Clause 2(18). The endorser can be levied with penalty up to rupees ten lakhs by the CCPA for false and misleading advertisements, under Clause 21. However, the endorser will not be liable if he has exercised due diligence to verify the veracity of the claims made in the advertisement regarding the product or service being endorsed by him.

Consumer mediation

The Act also mandates the Consumer Forum and Commissions to explore mediation possibilities before adjudicating the complaint. Consumer Protection (Mediation) Rules, 2020 have also been notified. The Rules provides a list of matters not to be referred to mediation.

Liability of the Product

The Act incorporates a special chapter-Chapter VI- to deal with “product liability’ contained in Clause 2(34). A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product.

Enhanced Pecuniary Jurisdiction

  1. District Forum: – ₹ 01 Crore from ₹ 20 Lakhs.
  2. State Commission: – ₹ 10 Crore from ₹ 01 Crore.
  3. National Commission: – ₹ 10 Crore from ₹ 01 Crore.

Requisites of maintenance of quality, quantity in terms of money value and safety will be the highlight for any corporate entity that caters consumers of any form. Constitution of Consumer Affair Committee in every corporate is now mandatory; this committee will cater to all and every consumer complaint in any corporate consumer catering entity. These entities are created to settle any dispute through internal mediation, saving themselves the money and penance of defending themselves in any consumer court.[2]

[1] Ministry Of Consumer Affairs, Food & Public Distribution,

[2] The Consumer Protection Act, 2019,