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Amendment Proposal for the Waqf Act

thelawwaywithlawyers@gmail.com September 11, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-15 ISSUE NO:- 20 , SEPTEMBER 10 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Ms. Anmol Tasmiya Amendment Proposal for the Waqf Act ABSTRACT This article presents a proposal for amending the Waqf Act to address persistent challenges in the administration, governance, and legal oversight of Waqf properties in India. Waqf, being an important institution for managing charitable endowments in Islamic law, often faces issues of mismanagement, lack of accountability, and delayed dispute resolution. The proposed amendments focus on ensuring effective administrative, promoting transparency and enforcing stricter regulatory frameworks. The proposed amendments to the Waqf act, while well-intentioned, raise significant concerns regarding their impact on the autonomy of Waqf institutions and the potential for governmental overreach. Critics argue that increasing regulatory oversight may infringe on the independence of Waqf boards, undermining the religious and charitable nature of these institutions. The push for greater transparency and accountability, though necessary, may lead to excessive bureaucratic interference, complicating the administrative processes and slowing down decision-making. Furthermore, the introduction of stringent penalties and enhanced enforcement mechanisms could create a climate of fear among Waqf managers, discouraging legitimate decision-making due to concerns over repercussions. Finally, the focus on the faster dispute resolution mechanisms through specialized tribunals may sideline traditional systems of conflict resolution and impose a top-down approach that ignores local customs and community concerns. There is also apprehension that such amendments could disproportionately concerns. There is also apprehension that such amendments could disproportionately affect smaller Waqf properties, leading to inequitable treatment. KEYWORDS: Politicizing regular Muslim minority, Enforcing stricter regulatory frameworks, Religious right violation and Insufficient minor community consultation. INTRODUCTION On august 8, 2024, the Waqf (Amendment) Bill 2024 was introduced in the Lok Sabha and has since generated a great deal of discussion. In order to strengthen the central government’s regulatory power over waqf holdings and allow non-Muslim members to serve on Waqf Boards, the bill proposes significant changes to the 1995 Waqf Act. The measures has been referred to a joint parliamentary committee for additional review because opposition parties have attacked it was as illegal and an infringement on the rights of the Muslim minority, despite the government’s claims that these reforms will increase efficiency and transparency. STATEMENT PROBLEM The proposed amendments or introduction of a new Waqf Act have sparked significant debate among various stakeholders, with critics raising concerns about potential implications for the management, transparency, and rights related to Waqf properties. The core issues include the increased governmental control over Waqf assets, possible infringement on the autonomy of religious institutions, and the perceived lack of adequate representation for minority communities in the decision- making process. Critics also fear that these reforms could lead to bureaucratic hurdles, inefficiencies, or misuse of Waqf resources, potentially undermining the original intent of the Waqf Institution a charitable and religious endowment. Furthermore, questions regarding accountability, safeguarding historical and cultural heritage, and equitable distribution of resources remain central to the debate. LITERATURE REVIEW LEGAL AND CONSTITUTIONAL CONCERNS Al-Darwish, M. (2020). Legal frameworks and Waqf Administration: Challenges in the Modern Era. Journal of Islamic Studies, 23(1), 78-99. One of the major criticisms revolves around the legal and constitutional implications of the proposed Waqf Act. Legal scholars have pointed out that certain provisions in the new law may conflict with existing constitutional frameworks, particularly regarding the protection of religious endowments and the rights of minority communities. In the countries where Islamic law (Sharia) interacts with secular legal frameworks, critics argue that the new act may dilute the religious and charitable essence of Waqf by subjecting it to excessive state control. Additionally, some legal experts suggest that the proposed act lacks clarity on the procedural aspects of Waqf Administration. Al-Darwish (2020) notes that the ambiguity in terms of legal definitions and administrative procedures might lead to misinterpretations and inconsistent application of law, which could negatively impact both Waqf beneficiaries and administrators. COMPARATIVE PERSPECTIVES Rahman, H. (2020). Waqf Reform in Malaysia: lessons for other Muslim-Majority Countries. Comparative Islamic Law Journal, 14(2), 110-127. Several critiques have drawn comparisons between the proposed Waqf Act and similar reforms in other countries. For instance, the experiences of countries like Malaysia and Turkey, which have modernized their Waqf autonomy. However, critics argue that the proposed act fails to adopt the best practices from these examples, particularly in ensuring transparency and accountability while maintaining the charitable and religious essence of Waqf. In this comparative analysis, Rahman (2020)highlights the success of Malaysia’s Waqf reform balancing state oversight with community involvement, contrasting it with the more centralized and state-controlled approach proposed in the new Waqf Act. He suggests that the failure to learn from these models could result in inefficiencies and the erosion of public trust in Waqf institutions. OVERVIEW OF WAQF ACT Definitions and significance of Waqf in Islam A waqf is an Islamic endowment of property meant to be used for religious or charitable purpose and kept in trust. Under Muslim law, the donor, sometimes referred to as the Waqif, dedicates mobile or immovable assets for a cause that is deemed pious, religious, or philanthropic. Once founded, the ownership of the property is regarded to be passed to God, making it inalienable and insuring its eternal dedication to the intended purpose. In Islamic society, waqf is essential because it gives the general public access to services like healthcare and education and gives communities economic and social empowerment. Governance structure for waqfs in India PRE-COLONIAL GOVERNACE: Prior to colonial rule: Since 1913, the waqfs in India have been formally governed. In 1913, the Waqf Validating Act for Muslims was passed. The Mussalman Wakf Act, 1923, took its place; POST INDEPENDENCE: following independence, the Central Waqf Act, 1954, was passed to provide regulations for waqfs. The Waqf Act of 1995 eventually took the place of this act. WAQF BOARD The state government oversees this organization. It serves as the state’s custodian for Waqf holdings. The Shia and Sunni

IMPLEMENTATION OF UNIFORM CIVIL CODE – PROSPECTS AND CHALLENGES

thelawwaywithlawyers@gmail.com September 10, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-15 ISSUE NO:- 15 , SEPTEMBER 10 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Ganesh Natarajan IMPLEMENTATION OF UNIFORM CIVIL CODE – PROSPECTS AND CHALLENGES ABSTRACT Uniform Civil Code (hereinafter referred to as UCC) is a proposal in India to bring a common law replacing the personal laws that are based on religion, customs and traditions. The proposed UCC will cover topics like marriage, divorce, maintenance, inheritance and adoption which are currently governed by the respective personal laws for each religion. Even though the Constitution under Article 44 provides that the state shall endeavour to secure UCC for its citizens, this is just a directive principle for the state while making laws and are not enforceable by the Court. Whether, India with its wide spectrum of religion, with each religion having its own sub-sections and practices, be able to convince and implement UCC is a question that this article examines. It also examines the states and countries which have successfully implemented the UCC and track the progress of this common law. For understanding the possibilities and challenges of UCC, this article would analyse arguments in favour of UCC and against with an eye on legal aspects to better understand the law. For this purpose, the article would discuss relevant legal principles, theories, judgements and its legal implications. The benefits of a common civil code outweigh the concerns yet how it is presented and implemented will play a crucial role in determining its success. -Keywords: Uniform civil code, Article 44, personal laws, common civil law, gender equality INTRODUCTION Uniform Civil Code (hereinafter referred to as UCC) is a proposal to bring in common law covering topics like marriage, divorce, inheritance, and adoption, replacing the currently used personal laws ie., the Hindu Marriage Act, 1955 and the Hindu Succession Act, 1956 applying to the Hindus and the Muslim Personal Law (Shariat) Act, 1937 applying to the Muslims and so on. The UCC would apply to all the people irrespective of religion, caste, creed or gender. Article 44 of the Indian Constitution1provides that “The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.” This is a directive principle for the state in forming laws and is not enforceable in the court. In simple words, the state is directed to bring in UCC but does not have any legal obligation to do so. The Lex Loci Report of 1940 recommended that the laws related to crime, evidence and contract be codified and the personal laws of Hindus and Muslims be kept away from such codification. The Report was a by-product of fulfilling the objectives of the 1st Law commission2set up in 1834 under the chairmanship of T.B Macually. Based on the recommendations of the 1st law commission, another Act was enacted namely the Special Marriage Act in 1872 to facilitate inter-religious marriages. However, for anyone to marry under this act, they had to renounce their religion. The Special Marriage Act 1872 contained no provision for dissolution or nullification of marriage. It resorted to the Indian Divorce Act 1869 for these remedies. The Special Marriage Act 1872, was amended in 1922 to make it available to Hindus, Sikhs, Buddhists and Jains for marrying within these four communities without renouncing their religion. This Act remained till 1954. The Special Marriage Act, 1954 provides a more secular platform in terms of marriage by allowing any citizen to marry under this act irrespective of religion. It is in fact a civil law and for the remedies of the marriage it relies upon the civil laws and the Indian Succession Act, 1925. 1Legislative Department – Ministry of Law and Justice, ‘The Constitution of India 2024’ < The Constitution of India > 2Law, University of Kashmir, ‘UNIT: 4 First Law Commission’ < First Law Commission > ARGUMENTS IN FAVOUR OF UCC The arguments in favour of UCC can be broadly categorised under the below points: (i) It brings unity in the society One of the prime favourable arguments for the UCC is that it will bring equality before law in matters like marriage, divorce, inheritance, and adoption. Article 14 of the Indian Constitution3states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”. When each religion follows its own personal laws, it becomes difficult for the state to maintain equality before law for these groups. For example, Polygamy is allowed in Muslim laws but Hindu law prohibits the same. Now, a Hindu man might feel constrained when he compares the laws applicable to him with the Muslim laws. (ii) Provides a path for gender equality Article 15 of the Indian Constitution4provides that “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” One of the basic tenets that arrives from this is gender equality. Everyone irrespective of their gender has to get equal opportunities and rights (except the exceptions made through Article 15(c)). Time and again the Supreme Court has struck down such provisions in personal laws that are in contravention to the constitutional rights like the triple talaq in Shayara Bano vs Union of India (2017)5. UCC will remove arbitrary provisions against women in personal laws of each religion and implement equal inheritance and divorce rights for women in parallel to men. 3Legislative Department – Ministry of Law and Justice, ‘The Constitution of India 2024’ < The Constitution of India > 4Legislative Department – Ministry of Law and Justice, ‘The Constitution of India 2024’ < The Constitution of India > 5 Manupatra, ‘Shayara Bano and Ors. vs. Union of India (UOI) and Ors. (22.08.2017 – SC)’ < MANU/SC/1031/2017 > (iii) Upholds constitutional values as envisioned by the makers The makers of the constitution envisioned a nation with equality and justice for all its citizens without any discrimination

LEVERAGING TECHNOLOGY FOR TRANSPARENT AND ACCESSIBLE ELECTIONS

thelawwaywithlawyers@gmail.com September 1, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-15 ISSUE NO:- 15 , SEPTEMBER 1 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Mohd Umar LEVERAGING TECHNOLOGY FOR TRANSPARENT AND ACCESSIBLE ELECTIONS Abstract Given the widespread mistrust surrounding traditional voting systems, ensuring democratic voting in any country has become increasingly critical. Citizens have witnessed their fundamental rights being compromised, and existing digital voting systems have faced challenges due to their lack of transparency. The opacity of most voting systems poses a significant obstacle to building voter confidence in governments. The inherent vulnerability of traditional and current digital voting systems has contributed to their failure, allowing for potential exploitation. The primary objective is to address the shortcomings of both traditional and digital voting systems, which often result in mishaps or injustices during the voting process. Blockchain technology presents a promising solution for conducting fair elections and reducing instances of injustice. However, physical voting systems also exhibit numerous flaws, while digital voting systems are not yet sufficiently refined for widespread implementation. This underscores the urgent need for a solution to safeguard the democratic rights of citizens. This article proposes a platform based on modern blockchain technology that prioritizes maximum transparency and reliability to foster trust between voters and election authorities. The proposed platform offers a framework for conducting digital voting activities without the need for physical polling stations. Keywords: Blockchain Technology, E-voting, Ballot Paper, Transparency Introduction: In the ever-evolving realm of democracy, the convergence of technology and elections emerges as a beacon of hope, fostering transparency, inclusivity, and integrity within the electoral sphere. Across the globe, societies grapple with the urgent need to ensure equitable representation and unrestricted access to voting. Leveraging technological progress emerges as a pivotal strategy to confront longstanding hurdles and inaugurate a new epoch of democratic engagement. From electronic voting machines to blockchain-enabled platforms, a vast array of digital tools holds immense potential to revolutionize election procedures, oversight, and citizen participation. Through innovative endeavours, governments and electoral bodies can pave the way for electoral systems that are more transparent, secure, and accessible, ultimately reinforcing the bedrock of democracy. This article delves into the multifaceted realm of utilizing technology to promote transparent and accessible elections. It explores how digital solutions profoundly influence electoral integrity, voter engagement, and the core tenets of democratic governance. By examining essential strategies, hurdles, and exemplary practices, we unveil how technology acts as a catalyst in advancing the democratic ideals of fairness, inclusivity, and accountability in contemporary society. Past scenario relating to election process? The “Ballot Paper Election Process” represents the conventional methodology employed in electoral proceedings, utilizing paper-based ballots. Here’s a concise breakdown of each stage: Voter Authentication: At designated polling stations, individuals provide identification documents, such as ID cards or voter registration cards, to confirm their eligibility. Upon verification, they receive a paper ballot. Voting Enclosure: Voters proceed to secluded voting booths to make their selections on the paper ballot, ensuring the confidentiality and autonomy of their choices, free from external influence or coercion. Paper Ballot: Featuring candidate names or available options, the paper ballot serves as the medium for recording voter preferences. Voters mark their selections using prescribed methods such as box ticking or circle filling. Ballot Concealment: After marking their choices, voters fold the paper ballot to protect the privacy of their selections, preventing unauthorized access. Ballot Receptacle: Folded ballots are then placed into secure ballot boxes, designed to safely accumulate and preserve them until the tallying phase, ensuring the integrity of the electoral process. Tallying Facility: Following the conclusion of voting, ballot boxes are gathered and transported to dedicated tallying stations or central facilities. Here, election officials meticulously unlock the boxes and unload the paper ballots in preparation for counting. Manual Tabulation: Election officials systematically scrutinize each paper ballot to determine the votes cast for each candidate or option. This meticulous process involves tallying the marks or indicators made by voters on the ballots to accurately record their selections. Result Declaration: Upon completion of the manual counting process, election authorities compile the results and publicly announce the election outcome. These results are disseminated to the public and relevant authorities to affirm the integrity and validity of the electoral process. What is E-voting pertaining to global trends? E-voting systems are increasingly being viewed as viable substitutes for traditional paper-based voting methods, presenting numerous advantages that stand to enhance the electoral process significantly. Furthermore, e-voting systems hold promise in improving accessibility for individuals with disabilities. By integrating features such as audio ballots, these systems enable visually impaired voters to independently listen to ballot options and make selections. Additionally, customizable interfaces can cater to the specific requirements of voters with mobility impairments or other disabilities, ensuring their participation in the electoral process with dignity and ease. Despite these advantages, it is imperative to address potential challenges surrounding the security and reliability of e-voting systems. Robust cybersecurity measures must be enacted to safeguard against hacking or manipulation of electronic voting systems, thereby ensuring the integrity and trustworthiness of election results. Additionally, comprehensive testing and validation procedures are essential to verify the accuracy and dependability of e-voting systems before widespread implementation. To date, Estonia remains the only country in the world in which any citizen can cast a remote electronic vote during elections to their national parliament (the Riigikogu), to local government councils, or to the parliament of the European Union. The Baltic state, which became an online voting pioneer in 2005, is now a standard reference for the use of Internet voting technology, and their citizens are increasingly taking advantage of it. During the 2019 Riigikogu elections, for example, 247,232 voters cast an online ballot. That same year, 47% of the valid votes cast during the elections to the European parliament were cast by online voters. France started piloting the use of online voting for voters abroad in 2003, offering this possibility to all citizens living abroad for the first time during the 2012 parliamentary elections.

thelawwaywithlawyers@gmail.com September 1, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-15 ISSUE NO:- 15 , SEPTEMBER 1 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Mohd Umar LEVERAGING TECHNOLOGY FOR TRANSPARENT AND ACCESSIBLE ELECTIONS Abstract Given the widespread mistrust surrounding traditional voting systems, ensuring democratic voting in any country has become increasingly critical. Citizens have witnessed their fundamental rights being compromised, and existing digital voting systems have faced challenges due to their lack of transparency. The opacity of most voting systems poses a significant obstacle to building voter confidence in governments. The inherent vulnerability of traditional and current digital voting systems has contributed to their failure, allowing for potential exploitation. The primary objective is to address the shortcomings of both traditional and digital voting systems, which often result in mishaps or injustices during the voting process. Blockchain technology presents a promising solution for conducting fair elections and reducing instances of injustice. However, physical voting systems also exhibit numerous flaws, while digital voting systems are not yet sufficiently refined for widespread implementation. This underscores the urgent need for a solution to safeguard the democratic rights of citizens. This article proposes a platform based on modern blockchain technology that prioritizes maximum transparency and reliability to foster trust between voters and election authorities. The proposed platform offers a framework for conducting digital voting activities without the need for physical polling stations. Keywords: Blockchain Technology, E-voting, Ballot Paper, Transparency Introduction: In the ever-evolving realm of democracy, the convergence of technology and elections emerges as a beacon of hope, fostering transparency, inclusivity, and integrity within the electoral sphere. Across the globe, societies grapple with the urgent need to ensure equitable representation and unrestricted access to voting. Leveraging technological progress emerges as a pivotal strategy to confront longstanding hurdles and inaugurate a new epoch of democratic engagement. From electronic voting machines to blockchain-enabled platforms, a vast array of digital tools holds immense potential to revolutionize election procedures, oversight, and citizen participation. Through innovative endeavours, governments and electoral bodies can pave the way for electoral systems that are more transparent, secure, and accessible, ultimately reinforcing the bedrock of democracy. This article delves into the multifaceted realm of utilizing technology to promote transparent and accessible elections. It explores how digital solutions profoundly influence electoral integrity, voter engagement, and the core tenets of democratic governance. By examining essential strategies, hurdles, and exemplary practices, we unveil how technology acts as a catalyst in advancing the democratic ideals of fairness, inclusivity, and accountability in contemporary society. Past scenario relating to election process? The “Ballot Paper Election Process” represents the conventional methodology employed in electoral proceedings, utilizing paper-based ballots. Here’s a concise breakdown of each stage: Voter Authentication: At designated polling stations, individuals provide identification documents, such as ID cards or voter registration cards, to confirm their eligibility. Upon verification, they receive a paper ballot. Voting Enclosure: Voters proceed to secluded voting booths to make their selections on the paper ballot, ensuring the confidentiality and autonomy of their choices, free from external influence or coercion. Paper Ballot: Featuring candidate names or available options, the paper ballot serves as the medium for recording voter preferences. Voters mark their selections using prescribed methods such as box ticking or circle filling. Ballot Concealment: After marking their choices, voters fold the paper ballot to protect the privacy of their selections, preventing unauthorized access. Ballot Receptacle: Folded ballots are then placed into secure ballot boxes, designed to safely accumulate and preserve them until the tallying phase, ensuring the integrity of the electoral process. Tallying Facility: Following the conclusion of voting, ballot boxes are gathered and transported to dedicated tallying stations or central facilities. Here, election officials meticulously unlock the boxes and unload the paper ballots in preparation for counting. Manual Tabulation: Election officials systematically scrutinize each paper ballot to determine the votes cast for each candidate or option. This meticulous process involves tallying the marks or indicators made by voters on the ballots to accurately record their selections. Result Declaration: Upon completion of the manual counting process, election authorities compile the results and publicly announce the election outcome. These results are disseminated to the public and relevant authorities to affirm the integrity and validity of the electoral process. What is E-voting pertaining to global trends? E-voting systems are increasingly being viewed as viable substitutes for traditional paper-based voting methods, presenting numerous advantages that stand to enhance the electoral process significantly. Furthermore, e-voting systems hold promise in improving accessibility for individuals with disabilities. By integrating features such as audio ballots, these systems enable visually impaired voters to independently listen to ballot options and make selections. Additionally, customizable interfaces can cater to the specific requirements of voters with mobility impairments or other disabilities, ensuring their participation in the electoral process with dignity and ease. Despite these advantages, it is imperative to address potential challenges surrounding the security and reliability of e-voting systems. Robust cybersecurity measures must be enacted to safeguard against hacking or manipulation of electronic voting systems, thereby ensuring the integrity and trustworthiness of election results. Additionally, comprehensive testing and validation procedures are essential to verify the accuracy and dependability of e-voting systems before widespread implementation. To date, Estonia remains the only country in the world in which any citizen can cast a remote electronic vote during elections to their national parliament (the Riigikogu), to local government councils, or to the parliament of the European Union. The Baltic state, which became an online voting pioneer in 2005, is now a standard reference for the use of Internet voting technology, and their citizens are increasingly taking advantage of it. During the 2019 Riigikogu elections, for example, 247,232 voters cast an online ballot. That same year, 47% of the valid votes cast during the elections to the European parliament were cast by online voters. France started piloting the use of online voting for voters abroad in 2003, offering this possibility to all citizens living abroad for the first time during the 2012 parliamentary

EVOLUTION OF EDUCATIONAL RIGHTS THROUGHOUT THE BRITISH PERIOD AND CONSTITUTIONAL PROVISIONS IN INDIA

thelawwaywithlawyers@gmail.com August 27, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-14 ISSUE NO:- 14 , AUGUST 27 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By:- Debjani Ojha EVOLUTION OF EDUCATIONAL RIGHTS THROUGHOUT THE BRITISH PERIOD AND CONSTITUTIONAL PROVISIONS IN INDIA Abstract This study delves into the evolution of educational rights in India from the British colonial period to the present constitutional framework. During the British era, education policies, such as the Macaulay Minute and Wood’s Despatch, were designed to serve colonial interests, primarily focusing on creating a class of anglicized Indians. These policies, however, inadvertently laid the groundwork for a nationalistic movement that used education as a tool for resistance and self-determination. Prominent leaders like Mahatma Gandhi and Rabindranath Tagore advocated for indigenous education systems that reflected Indian culture and values. Post-independence, the Indian Constitution enshrined the right to education as a fundamental right under Article 21A, emphasizing inclusivity and accessibility. Subsequent legal frameworks, notably the Right of Children to Free and Compulsory Education Act of 2009, further solidified the state’s commitment to universal education. Recent legislative amendments and the National Education Policy of 2020 reflect an evolving approach to education that aims to address contemporary challenges while fostering innovation and critical thinking. The establishment of regulatory bodies like the NHERA signifies a shift towards greater accountability and quality assurance in higher education. This paper provides a comprehensive analysis of these historical and constitutional developments, highlighting the continuous journey towards educational equity in India. This abstract captures the essence of the document by outlining its main themes and summarizing the evolution of educational rights in India through various historical phases and legislative reforms. Keywords Colonial Education Policies, Right to Education Act, National Education Policy 2020, Constitutional Provisions, Educational Reforms in India. Introduction The evolution of the educational rights in India has its complex roots buried in the country’s colonial past and its journey towards the independence. In the British colonial period, Education played a momentous role in terms of controlling and empowerment. It is very much true that the current landscape of the educational systems in India was initially implemented by the British policies but it is also true that these policies are also laid the seed of educational inequalities which stayed even after the independence. The uplift from then imposed British educational policies to the constitutional provisions for education in India after independence shows a great struggle for social justice and equity in education. In the early colonial period, education given by British was a requirement for them to create a section of people who will be capable of assisting them administering the colony. Macaulay’s minute of 1835 advocated for the English education which later structured through this approach, and the succeeding commissions like the Hunter Commission of 1882 and the Hartog Committee of 1929. The then British thought that the native education system is nothing compared to them. Hence these policies highlighted their intension of giving some type of education. The nationalist movement in India identified that the education can only give rise necessary awareness within the people of India which was required at that time and also it can spark the social awareness. At that time the leaders of India also recognized the power of education in challenging the colonial rule and encouraging a comprehensive and unbiased society. The great Raja Ram Mohan Roy and Jyotirao Phule advocate greatly for the requirement of educational reforms in India which contributes in shaping the discourse of education in India in that period. After the independence in 1947 it was became necessary to establish a framework for education that was entrenched in the values of justice, equality, and democracy. The debates in the Constituent Assembly highlighted the importance of making education accessible to all citizens, which eventually lead to the addition of education as a fundamental right under Article 21A of the Constitution. The consequent enactment of the Right to Education Act, 2009, marked a significant step towards comprehending the goal of widespread education in India. In recent times, digital education has added new dimensions to the conversation about educational rights. While digital platforms offer the potential to make education more accessible and close existing gaps, they also bring up significant concerns about fairness and inclusivity. It’s important to carefully consider how digital education fits within the constitutional framework, especially regarding the right to education, to ensure that everyone in society can benefit from these advancements. This means addressing challenges such as unequal access to technology, varying levels of digital literacy, and ensuring that digital education does not widen the existing inequalities in education. Education During the British Colonial Period Early Colonial Educational Policies After coming to India, the British East India Company slowly overtook large parts of India starting from the 18th century. Initially they did not have any interest on the educational segment for the Indian population, rather they were focused on the commercial and military advancement and strengthening. But gradually they understood that to run the administration in this big country they need a class of people who can help them in running the show. This need gradually forced them to create a small population of educated elite people and the formulation of the educational policies gradually came in for English education for Indian people. Christian missionaries were one of the earliest inspirations of British educational policies in India. These missionaries viewed education as a way to spread Christianity and Western beliefs among the Indian population. William Carey, Joshua Marshman, and William Ward, established The Serampore Mission in 1800 in the same purpose. The mission established schools that taught both secular subjects and Christian doctrines, aiming to create a generation of converts who were educated in Western ways of thinking. The missionary did not only act as spreading of western religion but also introduced English language and western science in India. This was a very important decision that English language to be used as a medium of instruction because this was the groundwork

IMPORTANCE OF GENDER JUSTICE

thelawwaywithlawyers@gmail.com August 24, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-14 ISSUE NO:- 14 , AUGUST 24 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By:- Adv. Kaustubh Pimpalkar IMPORTANCE OF GENDER JUSTICE Abstract: Gender justice is a crucial dimension of human rights that seeks to address and rectify inequalities and discrimination based on gender. It encompasses the principles of fairness, equality, and the elimination of discriminatory practices affecting individuals of all genders. Gender justice is not only about ensuring equal opportunities and protections under the law but also about transforming societal norms and structures that perpetuate gender-based disparities. Key components of gender justice include legal reforms to promote equality, economic empowerment to close gender-based gaps, and social initiatives to change cultural attitudes and practices. International frameworks, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Sustainable Development Goals (SDGs), provide guidelines and commitments for advancing gender justice globally. In various contexts, including the Indian legal system, gender justice is addressed through constitutional provisions, landmark judicial decisions, and policy reforms. These efforts aim to dismantle systemic barriers and promote a more inclusive and equitable society. Ultimately, achieving gender justice requires a multifaceted approach that integrates legal, economic, and social dimensions to foster an environment where all individuals can thrive, free from discrimination and inequality. This paper gives overview of gender justice with human rights and Indian constitution with landmark judgements of Apex court in Indian history. It also gives importance of women rights in making gender justice with reference to achieve ultimate justice for all human beings. Keywords: Equality, Equity, Discrimination, Gender based violence, Sexual harassment, Reproductive rights, Legal reforms, LGBTQ rights, Human rights, social justice. Introduction: Gender justice is an important human right that aims to address and correct inequality and discrimination between people because of their gender. It embodies the principles of justice, equality and respect for all genders and aims to eliminate obstacles that cause gender inequality. This concept goes beyond legal equality to include economic, social and cultural aspects, and recognizes that achieving gender equality requires overall change. Prejudices still stand in the way of achieving gender equality. These issues are multifaceted, including wage inequality, limited access to education and healthcare, gender-based violence, and discrimination outside society. Addressing these issues is not only about developing and enforcing fair laws, but also about changing the culture and practices that support gender inequality. The legal system must be strong and inclusive, providing protection and equality for all genders. Economic strategies should focus on closing gender gaps in employment and income, while education and social measures should focus on creating and promoting a culture of respect and inclusion. An environment where everyone, regardless of gender, has the opportunity to thrive. A positive approach to gender equality is essential to promoting a fair and just world where everyone can participate and contribute to society without discrimination or disadvantage based on gender. Gender justice and human rights: Gender justice and human rights are interrelated concepts, and both aim for dignity, equality and freedom for all people, regardless of gender. While gender justice addresses inequalities and injustices, especially those affecting women, and non-sex and gender differences, human rights provide a broad basis for the protection of the freedoms and rights of all people. Human rights are universal and inalienable and belong to everyone by virtue of being human. These include the right to life, liberty and security; protection from discrimination; This means actively working to eliminate the problems and injustices that prevent women and gender diversity from enjoying their human rights. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provides the legal framework for gender equality. “Gender justice is an essential component of human rights, aiming to ensure that individuals of all genders have equal access to opportunities, resources, and protection under the law.”1 Some of international human rights provisions are as follows: 1.Universal Declaration of Human Rights (UDHR): – Article 1: All human beings are born free and equal in dignity and rights. – Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind. – Article 3: Everyone has the right to life, liberty, and security of person. – Article 4: No one shall be held in slavery or servitude. – Article 5: No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. – Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. -Article 19: Everyone has the right to freedom of opinion and expression. – Article 21: Everyone has the right to take part in the government of their country, directly or through freely chosen representatives. – Article 25: Everyone has the right to a standard of living adequate for the health and well-being of themselves and their family. 2.International Covenant on Civil and Political Rights (ICCPR): -Article 6: Right to life. – Article 7: Freedom from torture and cruel, inhuman, or degrading treatment or punishment. – Article 9: Right to liberty and security of person. – Article 14: Right to a fair trial. – Article 18: Right to freedom of thought, conscience, and religion. – Article 19: Right to freedom of opinion and expression. 1 United Nations Human Rights Council. (2011). Gender Equality and Human Rights. – Article 21: Right of peaceful assembly. – Article 22: Right to freedom of association. International Covenant on Economic, Social and Cultural Rights (ICESCR): – Article 6: Right to work. – Article 7: Right to just and favorable conditions of work. – Article 11: Right to an adequate standard of living, including adequate food, clothing, and housing. – Article 12: Right to the highest attainable standard of physical and mental health. – Article 13: Right to education. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): – Article 1: Definition of discrimination against women. – Article 2:

LEGAL RESPONSES TO MISINFORMATION AND FAKE NEWS

thelawwaywithlawyers@gmail.com August 4, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-14 ISSUE NO:- 14 , AUGUST 4 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY:- Sakshi Kaswa LEGAL RESPONSES TO MISINFORMATION AND FAKE NEWS Abstract Social media has fundamentally altered how people communicate and access information, making digital platforms the primary source rather than a secondary option. This shift has also led to a significant increase in the spread of misinformation globally, necessitating intervention to address false information specifically on social media. Conversations often centre on how countries are responding to this challenge of misinformation, with less emphasis on foreign governments or state-sponsored disinformation. Meanwhile, cybersecurity concerns have prominently featured ransomware attacks and data breaches. Recent events underscore the need for cybersecurity laws to address misinformation, even when not linked to hacks or foreign influence. Examples include the impact of misinformation during the COVID-19 pandemic, riots in Brazil, and other global incidents. Democratic nations face unprecedented challenges from adversaries who exploit advanced technical capabilities to manipulate public opinion. This pervasive distribution of false information possess significant threats to political views, mental health, physical safety, and personal autonomy. In response, legislative regulations, content restrictions, and penalties for disseminating misinformation are being considered. These measures must be evaluated within the broader context of cybersecurity threats in the social media era. Key words: fake news, fake information,misinformation. Introduction The spread of fake news and misleading information has become a major issue in the internet age. On social media and other online platforms, false information can proliferate quickly and have real-world consequences as it becomes more widely known. Governments around the globe are arguing over how to address this issue while upholding the freedom of speech. This article looks at the various legal measures that various governments have taken to combat false information and fake news. In the early days of the internet’s public accessibility in the 1990s, its primary purpose was to provide access to information. However, as the internet evolved, so did the prevalence of untruthful and misleading information. Fake news quickly found its way onto the internet, complicating the search for accurate information. Social media platforms, in particular, have become hotbeds for the dissemination of fake news, where users often unwillingly contribute to its spread without independent fact-checking or editorial oversight. Fake news is essentially false information presented in a way that mimics legitimate news, aiming to attract readership, shares, and online traffic for profit or to manipulate public opinion. This misleading content can spread rapidly and widely through the internet, posing significant challenges to open societies worldwide. Certain websites deliberately publish fake news under the guise of legitimate journalism, known as “fake news websites.” These platforms have been instrumental in spreading political misinformation in various countries including the United States, Russia, Germany, Indonesia, and the Philippines. The unchecked proliferation of fake news on social media has exacerbated these issues, highlighting the need for strategies to combat misinformation and uphold the integrity of online information sources. With the rise of social media and the internet, fake news has grown to be a significant issue with widespread consequences. It involves the deliberate spread of false or misleading information through a range of digital techniques, such as automated bots, morphing logos, paid comments, and phony films. Because it manipulates algorithms to reach large audiences, this propensity usually results in misleading information getting viral before it can be independently verified As the threat possessed by false news escalates, governments are using concerns about social peace and national security to justify speech restrictions. Exposing and refuting fake news is the aim of organizations such as Social Media Hoax Slayer, AltNews in India, and Snopes globally. Disseminators of incorrect information may occasionally face legal punishment. An example of this is the editor of Postcard News in India, who was arrested for inciting disturbance in the neighbourhood Notably, the problem attracted attention from around the globe after Russia was accused of using bots and fake news to influence the 2016 US election. In reaction to this episode, which demonstrated how foreign governments may use digital platforms to influence public opinion, Facebook and other platforms have strengthened their restrictions on political advertising and the veracity of content. Misinformation encompasses both disinformation and misinformation in general and refers to false or misleading claims that are intentionally or unintentionally spread. When misleading content appears on the internet, it often gets shared further by individuals who are either unaware of its deceptive nature or are disseminating it for different reasons. All things considered, preventing the spread of false information and fake news remains a significant challenge that needs to be balanced with protecting the digital age right to free expression. Understanding misinformation and fake news False information propagated by people who take it for truth is known as misinformation. ‘False news’ and disinformation are not the same thing. Fake news is the term used to describe websites that disseminate inaccurate or misleading information. This could happen via parody websites like The Onion, but it also talks about individuals acting as trustworthy news sources. Sometimes, accurate information is disparaged by calling it “fake news”. Thus, it is better to refer to information in a more general way, such as “misinformation” and “disinformation.” Legislation should clearly define what constitutes fake news and incorrect information in order to protect free speech and avoid arbitrary enforcement. Misinformation is defined as inaccurate or false information that is unintentionally shared and is usually the consequence of misunderstandings or ignorance. On the other hand, false news is material that has been intentionally fabricated or distorted and is presented as noteworthy. This distinction is crucial because the intent behind the spread of false information might affect the outcome of the judicial process. Challenges in addressing misinformation legally One of the key challenges of using the legal system to combat misinformation is striking a balance between the obligation to protect freedom of expression and the need to maintain

SECTION 194N OF THE INCOME TAX ACT – CURBING OF CASH WITHDRAWALS

thelawwaywithlawyers@gmail.com August 1, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-14 ISSUE NO:- 14 , AUGUST 1 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By:- Pranav Sri Krishna B SECTION 194N OF THE INCOME TAX ACT – CURBING OF CASH WITHDRAWALS ABSTRACT: India is a rapidly developing country with ambitious targets to achieve in the global arena. Eradication of poverty, proper transfer of benefits, and accountability in its economy are some significant aspects that will help India reach its goals. This paper aims to introduce the robust digital payment landscape of India and the country’s aim to expand its territoriality. This research paper sheds light on a significant move made by the Government of India in order to achieve the above goals. This paper explores the Government’s decision to tax huge cash withdrawals by the inclusion of Section 194N into the Income Tax Act, 1961 to discourage cash transactions. The paper explores various aspects of Section 194N such as its obligations, withdrawal limits, exceptions, etc. It also discusses the emphasis of placing a deterrent provision such as this as it makes way for more accountability, reduction in leakage of funds, and direct transfer of benefits. The paper also examines various judicial decisions that have played a part in shaping Section 194N to its current form. It throws light on various technicalities within the Income Tax Act that have hampered the operation of this section. The paper concludes by highlighting the resilient nature of the provision which stands tall despite various legal challenges and showcases how important it is for shaping the financial behaviour in the country’s economy. Keywords: 1) Income Tax 2) Section 194N 3) Direct Transfer of Benefits (DBT) 3) Cash Withdrawals 4) Accountability 5) Tax Deducted at Source. INTRODUCTION: The global economy is actively pushing for a cashless future where the aim is to curb cash/currency transactions. One of the best-known reasons to adopt this method is to bring accountability. It is also pertinent to note that countries spend a huge sum to print such currencies and coins. It is suffice to say India too is an active and prominent partner in this global initiative. In the year 2022, India had surpassed a whopping 89.5 Million digital Transactions1. The Indian Government has made significant efforts to discourage cash transactions, one such effort is the introduction of the Unified Payments Interface (UPI) and the setting up of the National Payments Corporation of India (NPCI). UPI turned out to be a remarkable project that aided the government’s motives in curbing cash transactions. For instance, in January 2024 alone UPI saw a whopping 12.2 Million transactions amounting to Rs. 18.41 Crores2. It is safe to say that India is one of the biggest contributors toward a global cashless economy with it expanding its wings by implementing its digital transaction interface in foreign states such as Sri Lanka, Mauritius, Bhutan, Oman, Nepal, France, and UAE3. THE NEED FOR SECTION 194N OF THE IT ACT, 1962: The Government in its journey towards a chase economy has successfully found ways to curb currency transactions. However, still, a large part of the population continues to use cash as their primary medium of transaction, especially small-scale businesses, local vendors, etc. Some transact specifically in cash to escape accountability and taxation. To discourage this, a solution was to be found. One should note that the primary source for people to receive currencies is from banks, especially through ATMs. In order to discourage this, banks imposed a daily threshold limit of Rs.50,000/-. The banks also started to levy charges for ATM withdrawals to make people regret withdrawing cash and to boost digitized transactions. The other way to get cash out of banks was through cheques. People found this to be an easy method to pull currencies out of the bank coffers. Even many state governments in the country 1India dominating digital payment landscape with 89.5 million transactions in 2022, DD News (Jan. 10, 2023) (Acessed 16.07.2023). 2 Monthly UPI Transaction Metrics (NPCI) https://www.npci.org.in/statistics/monthly-metrics (Acessed 16.07.2023). 3India Briefing, Unified Payments Interface (UPI) from India: Expanding Global Use, (Feb. 29, 2024), (Acessed 16.07.2023). were found withdrawing huge amounts of cash in order to provide benefits to the public. The Central Government, in order to demoralize such withdrawals, had decided to charge Tax Deducted at Source (TDS) on them. Thus came Section 194N of the Income Tax Act, 1961 inserted by the Finance Act of 2019. PROVISIONS OF SECTION 194N: Payment of certain amounts in cash.42 194N. Every person, being,— (i) a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in section 51 of that Act); (ii) a co-operative society engaged in carrying on the business of banking; or (iii) a post office, who is responsible for paying any sum, being the amount or the aggregate of amounts, as the case may be, in cash exceeding one crore rupees during the previous year, to any person (herein referred to as the recipient) from one or more accounts maintained by the recipient with it shall, at the time of payment of such sum, deduct an amount equal to two percent of such sum, as income-tax: Provided that in case of a recipient who has not filed the returns of income for all of the three assessment years relevant to the three previous years, for which the time limit of* file return of income under sub-section (1) of section 139 has expired, immediately preceding the previous year in which the payment of the sum is made to him, the provision of this section shall apply with the modification that— (i) the sum shall be the amount or the aggregate of amounts, as the case may be, in cash exceeding twenty lakh rupees during the previous year; and (ii) the deduction shall be— (a) an amount equal to two percent of the sum where the amount or aggregate of amounts, as the case may be, being paid in

ISLAMIC LAWS AND GENDER IDENTITY – CONTROVERSY OVER TRANSGENDER RIGHTS IN ISLAMIC SOCIETIES

thelawwaywithlawyers@gmail.com August 1, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-14 ISSUE NO:- 14 , AUGUST 1 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By:- Adv. Kaustubh Pimpalkar ISLAMIC LAWS AND GENDER IDENTITY – CONTROVERSY OVER TRANSGENDER RIGHTS IN ISLAMIC SOCIETIES ABSTRACT This research paper examines the position and rights of transgender individuals within the framework of Islamic law, particularly focusing on traditional interpretations, contemporary developments, and legal status in Muslim-majority countries. The study also includes a comparative analysis with the legal and social status of transgender individuals in India, incorporating their historical roles during the Mughal period. The aim is to provide a comprehensive understanding of the challenges faced by transgender Muslims and the evolving discourse around their rights, particularly focusing on how lack of recognition impacts various aspects of life, including marriage and religious participation. Keywords:- Islamic law, gender identity, societies, transgender INTRODUCTION Transgender individuals have historically faced marginalization and discrimination across various cultures and religions. In Islam, the discourse around transgender rights is complex, influenced by religious texts, cultural practices, and contemporary reinterpretations. This paper explores the Hadith and their interpretations, compares the legal frameworks of several Muslim-majority countries with India, and discusses the socio-legal challenges faced by transgender individuals. The motivation for this study stems from the need to address these challenges and the impact of non-recognition on fundamental aspects of life, including marriage and religious participation. It also examines the historical context of transgender individuals during the Mughal period, highlighting their significant roles and acceptance. RESEARCH QUESTIONS What are the traditional and contemporary interpretations of Islamic texts regarding transgender individuals? How do the legal frameworks in various Muslim-majority countries compare with India’s legal framework concerning transgender rights? What are the socio-legal challenges faced by transgender Muslims, particularly in relation to marriage and religious participation? METHODOLOGY This study employs a qualitative research methodology, utilizing a combination of literature review, comparative legal analysis, and historical examination. An extensive review of existing literature on Islamic jurisprudence, Hadith interpretations, and contemporary scholarship on transgender rights will be conducted. Additionally, The legal frameworks of several Muslim-majority countries, including Pakistan, Iran, Malaysia, and Indonesia, will be analyzed and compared with India’s legal framework on transgender rights. Following the foregoing, the historical roles and acceptance of transgender individuals during the Mughal period will be explored through historical texts and secondary sources. Instances of oppression faced by transgender Muslims in various countries will be documented to provide a real-world context to the legal and social challenges discussed. LITERATURE REVIEW The topic of transgender rights within Islam has been addressed by various scholars and institutions. Muh Bahul Afif’s study on Islam and transgender individuals, particularly through the lens of Hadith, provides a foundational understanding of how traditional Islamic texts have been interpreted to address gender non-conformity (Afif, 2018). This study examines the Hadith literature, which offers insights into the Prophet Muhammad’s interactions with mukhannathun (effeminate men), and how these interpretations influence contemporary Islamic jurisprudence. In terms of legal frameworks, Pakistan’s Transgender Persons (Protection of Rights) Act, 2018, represents a significant advancement in recognizing transgender rights within a Muslim-majority country. The Act grants transgender individuals the right to self-identify their gender and ensures protection against discrimination. This legal recognition is an important step towards addressing the socio-legal challenges faced by transgender individuals (Transgender Persons (Protection of Rights) Act, 2018). Conversely, Iran’s approach to transgender individuals, while unique, highlights the complexities of integrating religious doctrines with contemporary human rights. Iran permits and subsidizes gender reassignment surgery for those diagnosed with gender dysphoria, contrasting with its stringent laws against homosexuality. This legal framework underscores the nuanced relationship between Islamic teachings and state policies (Human Rights Watch). In India, the Supreme Court’s judgment in NALSA v. Union of India (2014) marked a pivotal moment for transgender rights, recognizing them as a third gender and affirming their rights to self-identification, education, employment, and social welfare. The subsequent Transgender Persons (Protection of Rights) Act, 2019, further legislates these rights, though challenges in implementation persist (NALSA v. Union of India, 2014; Transgender Persons (Protection of Rights) Act, 2019). Historical texts and secondary sources detailing the roles of transgender individuals during the Mughal period reveal that eunuchs (hijras) held significant positions in the royal courts. The Mughal emperors, particularly Akbar, recognized their abilities and integrated them into administrative and military roles. This historical acceptance contrasts sharply with the marginalization seen in modern times (Khan, 1996). Case studies and reports from human rights organizations document instances of oppression faced by transgender Muslims, such as exclusion from religious spaces and violence. In Malaysia, transgender women (mak nyah) often report being denied entry to mosques and facing harassment, highlighting the exclusion and marginalization they experience within the Muslim community (Human Rights Watch). Similar instances of exclusion and violence are reported in India, where transgender Muslims face significant challenges in accessing religious and social spaces (Naz Foundation, 2018). TRADITIONAL VIEWS IN ISLAMIC LAW Islamic jurisprudence, derived from the Quran and Hadith, has varied interpretations regarding gender and sexuality. Traditionally, scholars have recognized the existence of individuals who do not fit the binary gender model. However, the acceptance and rights of transgender individuals have often been limited and subject to cultural and social norms. The Hadith literature provides insights into the Prophet Muhammad’s interactions with gender-diverse individuals. For instance, some Hadiths describe the presence of mukhannathun (effeminate men) in early Islamic society. While some scholars argue that these individuals were acknowledged and tolerated, others emphasize a need for conformity to binary gender roles. The interpretations of these Hadiths have significant implications for the rights and recognition of transgender individuals in Islamic law. In recent years, there has been a growing movement within Islamic scholarship to reinterpret religious texts in a manner that affirms the rights of transgender individuals. Progressive scholars argue that the essence of Islamic teachings—justice, compassion, and dignity—should extend to all individuals, regardless of their gender identity. The legal recognition and rights of transgender individuals vary significantly

MALE RAPE VICTIMS: RECOGNIZING INVISIBLE VICTIMS AND THE NEED FOR LEGAL PROTECTION IN INDIA

thelawwaywithlawyers@gmail.com July 22, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-13 ISSUE NO:- 13 , JULY 20 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By:-Medha Singh MALE RAPE VICTIMS: RECOGNIZING INVISIBLE VICTIMS AND THE NEED FOR LEGAL PROTECTION IN INDIA ABSTRACT: Male rape remains unrecognized in Indian law, despite its prevalence and profound negative impact on victims. While laws protect women from sexual violence, rape, and exploitation, men and boys are not given the same attention. This article challenges stereotypes in both law and society that diminish the recognition of male victims, highlighting the urgent need to protect their dignity and respect against sexual assault and rape. INTRODUCTION: Rape is generally understood as a crime committed by men against women, shaped by a patriarchal society that supports such violence. However, research shows that a significant number of men are victims of rape and sexual violence, although social attitudes exclude them from attention. Male rape is heavily stigmatized in Indian society, especially among heterosexual men, who fear being seen as less masculine or even homosexual if they disclose their assault. This fear discourages many male victims from reporting their experiences, contributing to the high number of reported cases. Deep-seated myths and societal expectations about masculinity further compound these issues, perpetuating a culture of silence and denial surrounding male victimhood. Sexual violence transcends gender, age, and sexual orientation. While extensive research focuses on crimes against women worldwide, there remains a significant gap in awareness of similar crimes against men. Despite the lack of scientific support regarding emotional differences between the sexes, the word ‘man’ itself carries a gender bias, connoting strength, masculine behavior, appearance, and emotional control. This common belief perpetuates a social assumption that separates male and female expression of emotions. In male-dominated 1 Author is a student at University of Petroleum and Energy Studies Dehradun, India societies, it is seen as shameful for men to disclose their experiences of grief, as it is misconstrued as ‘feminine behavior’. According to Roberta Chinsky Matuson. Many people believe that sexual violence is limited to women. There is no doubt that crimes against women are on the rise all over the world, but, indeed, crimes against men are also committed. It is unfair that society pays minimal attention to the crimes against men or the inequalities they face. In India, only a woman can legally be a victim of sexual violence and at the same time, only a man can be legally considered a criminal. In cases where there is a male victim, it is not considered an offense under the Indian Penal Code, 1860. Some countries, such as Denmark, the United Kingdom, and Australia, have proposed and adopted gender-neutral laws. It is shocking that, despite these changes around the world, the Indian judiciary has rejected demands to introduce gender-neutral laws against sexual violence in India. SEXUAL VIOLENCE AGAINST MEN: Gender-based violence transcends age, sexual orientation, and gender, affecting people regardless of these factors. Although the discussion is often focused on violence against women, domestic violence, sexual harassment, and assault, it is important to recognize that men are victims of sexual violence. Despite the advocacy of gender equality, this aspect is often overlooked. Many statutes, such as Section 375 of the Indian Penal Code, define rape based on gender, making men the perpetrators and women the victims. From a legal point of view, it reinforces the old notion that women can only be raped by men, eliminating the possibility of women raping men. Requiring penile penetration as a condition of alleged rape perpetuates this bias by ignoring scenarios in which women can sexually assault men. This is a biased issue because it undermines the principle of equality enshrined in Article 14 of the Constitution of India. This provision guarantees equal protection under the law for all citizens, but the current legislation is not sufficient to address sexual violence against men. The lack of legal protection for male victims perpetuates systemic inequality which is in stark contrast to the protection afforded to children under the Child Sexual Abuse Act, of 2012. Addressing this problem requires a broader understanding of sexual violence than gender stereotypes. This includes changing legal definitions and developing support systems to include all victims, regardless of gender. By acknowledging and correcting this contradiction, society can move closer to true gender equality and justice for victims of gender-based violence. Rape in India is defined in Section 375(3) IPC as the penetration or entry of a foreign body into a woman’s vagina without her consent. This includes sex against a woman’s will, by coercion, by misrepresentation or in a state of intoxication, deception or mental health, or by a person under the age of 18. This definition considers the perpetrator as a man and the victim as a woman, excluding the provision for male victims. As a result, all applicable laws only apply to female victims, which complicates legal inequality and constitutional equality. While the POCSO Act covers sexual offenses against male children, there is no similar provision for adult males. This disparity raises the question of why legal protections differ based on age. The practical reality shown by Insia Dariwala’s research with 1,500 men is that men are significantly stigmatized by sexual harassment due to shame (55%), confusion (50.9%), fear (43%) and guilt (28.7%) Given India’s narrow legal definition of vaginal penetration, incidents of male rape and sexual assault are on the rise, with few legal remedies. For example, the case of a 20-year-old man in Ghazabat who was attacked by a foreign object was classified under Section 377 of the IPC, which shows that the current law is not enough. The armed forces report incidents of sexual violence against men, focusing on wider issues. Currently, only two laws recognize that men can be victims of sexual violence, emphasizing the need for legal reform to comprehensively address this gap. POSCO (Protection of Children from Sexuality) Sexual Harassment of Women in the Workplace Given that men can be victims