The Outer Space Legal Landscape.

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Since the dawn of the space age heralded by the launch of Soviet Sputnik, which was launched by the Soviet Union into an elliptical low Earth orbit on 4 October 1957. It was a 58 cm (23 in) diameter polished metal sphere, with four external radio antennae to broadcast radio pulses. It was visible all around the Earth and its radio pulses were detectable way back in October 1957.

Since then, there has been a burgeoning growth in the global space activities, underpinning the need for a regulatory mechanism supported by a legal framework to facilitate the smooth, robust growth of the exploration of final frontiers without any negative fall outs for earthlings. For many years now, space law experts in India have been vigorously debating the need for the country to enact a comprehensive space law to cover a wide range of issues concerning the exploration of the final frontiers and help consolidate India’s position as an emerging global space power in its own right. Since the ushering in of the space age heralded by the historic launch of Soviet Sputnik way back in 1957, mankind has been confronted by a serious dilemma over how to take care of the responsibilities and liabilities of the space faring nations.

For in the context of the phenomenal growth in the global space activities, spurred on by the entry of private players in a big way, the 1967 UN outer space treaty is being considered “inadequate and deficient” in so far as addressing a range of issues including the “weaponizaton” of outer space is concerned. The 1967 UN outer space treaty ratified by all the countries of the world is perhaps the first ever comprehensive legal system aimed at regulating global space activities. This treaty unequivocally forbids the exploitation of outer space for testing and deploying weapons of destruction including nuclear devices; for it treats outer space as the common heritage of mankind meant for peaceful uses. But then the grim ground reality is that countries including USA, former Soviet Union and China have exploited outer space for experimenting with anti- satellite and killer satellite systems. As such, there is a growing clamour for a comprehensive, legally binding treaty to commit nations to keep outer space a zone of peace by preventing its militarisation.

 

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Against this backdrop, UN has been negotiating with its member countries for a holistic, comprehensive space treaty that would take care of a number of emerging issues involved in space exploration. But such a treaty would become a reality only if the front ranking space faring nations including USA, Russia, China and India play a  proactive rule in the business of giving a final shape to the legally binding treaty agreed to by UN member countries. As things stand now, no one is sure as to when a comprehensive UN sponsored space treaty would come into force.  However, from the Indian perspective, the need to boost the scope of the national space activities, spearheaded by the Indian Space Research Organisation (ISRO), has underpinned the immediate need for space legislation. With a view to facilitate the entry of private industrial players in the space sector of the country, the Indian Government is now working towards bringing out comprehensive space legislation. The new space law would allow private companies in the country to take up the business of building satellites and launch vehicles in line with the trend in North America and West Europe.

As envisaged now, in the initial phase, the private Indian companies would be given a green signal to float  consortiums with the Bangalore based Antrix Corporation, the commercial arm of the Indian space programme to prepare the ground for the assembly and  delivery of satellites and launch vehicles on a routine basis. Clearly and apparently, the Indian Government has a proposal to open the Indian space sector, for many years dominated by the ISRO, to domestic and international players in a phased manner. Once the space act comes into force, private players will be in a position to own and operate satellite systems. At the end of the day, it would help ISRO extricate itself from the “routine and mudane” business of building satellites and launch vehicles and concentrate instead on cutting edge research aimed at boosting India’s deeper forays in outer space.  According to Kiran Kumar, Chairman, ISRO, very few countries in the world have their own exclusive legislations covering the use of outer space. The view of Kumar is that a full-fledged space enactment is necessary for the Government to spell out as to how it would go about tackling space related issues including untoward incidents. For the spectre of space accidents highlighted by the possibility of satellites gone haywire hitting earthlings is very much a chilling reality that cannot be wished away. Significantly, ISRO has proposed setting up of an integrated industrial corridor in the vicinity of Satish Dhawan Space Centre (SDSC), the Indian space port on Sriharikota, island on the eastern coast of the country, for the integration of launch vehicles including the four stage Polar Satellite Launch Vehicle (PSLV) and their delivery in a ready to use condition.

 

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As it is, under the Make in India, flagship programme of the Indian Prime Minister Narendra Modi, companies planning to set up launch vehicle and spacecraft building facilities would be permitted to go in for 100% FDI (Foreign Direct Investment). Further there is a proposal for a well-equipped industrial zone near Bangalore where Indian private industrial enterprises will build and deliver the satellites to ISRO. While legally binding international treaties are vitally essential to regulate the healthy and robust growth of space activities without any negative fall outs for earthlings, individual space faring nations too should have their own space acts to regulate their space activities in consonance with dynamics of global space activities. For India, which has made a mark as a leading space faring nation in the aftermath of the successful probes to moon and Mars, a comprehensive and holistic space act has become a critical necessity to give greater level of acceleration to its space activities.

A holistic space act is also a necessity for India since India has been making all out efforts to exploit space technology to drive a range of developmental and governance activities in the country. Incidentally, India has an excellent track record in terms of diffusing the fruits of space technology into the mainstream of national development and harnessing the potentials of its IRS and INSAT/GSAT spacecraft constellation for monitoring natural calamities including tsunami, floods, landslides, forest fires and droughts.

For the Indian defence establishment, keen on rolling out its own roadmap for a space war strategy, which has assumed a centre stage in the backdrop of China forging ahead with an ambitious plan for killer space devices, a comprehensive space act would be a major game changer. For ISRO, being a civilian space agency charged with the task of promoting peaceful uses of outer space, the Indian defence set up has no other option but to carry on the burden preparing the country for the eventuality of a space war. Specifically, the Indian defence set up is looking at the possibility of setting up a launch pad dedicated to orbit military satellites. Moreover, in view of the limited launch infrastructure of ISRO, the Indian defence set up may be nudged to build its own launch vehicles of varying capabilities.  Not surprisingly then the proposed space act would  take care of  the space related needs of the Indian military including putting in place a blue print for a space war that India may be forced to wage in the future Strategic analysts are of view that Indian military should also look at the need ensuring the security of Indian “space resources and assets” against the backdrop of a belligerent and resurgent China making efforts to deploy anti-satellite and killer satellite devices. Equally significant would be the need to harness potentials of space technology for military applications. Incidentally, the much debated anti-satellite test carried out by China in early 2007—that had attracted international ire—has gone to heighten the clamour in India for preparing the country for the eventuality of a space war. In a shocking display of its military prowess China successfully destroyed its ageing weather watch satellite by using a modified version of a ground based ballistic missile. And while addressing the  United Commanders Conference in New Delhi  in mid-2008, the then Defence Minister A.K.Antony made India’s concern vocal  over the “emergence of anti-satellite weapons, a new class of heavy lift boosters and  improved array of military space devices in our neighbourhood”.

In the backdrops of global developments in the area of space warfare, Indian defence experts have suggested the need for India to go in for both defensive and offensive space war strategy. The defensive aspect involves hardening of satellites against the machinations of the space based and ground based “killer devices” including anti-satellite systems. Against this backdrop the proposed Indian space act should contain a legal provision to support a well-defined space security plan to be unveiled by the Indian defence establishment. In particular, the tri-service Indian aerospace command, which unfortunately is yet to be approved by the Indian Government, should have under its control a well-equipped space and missile force to take care of all aspects of space war. On its part, Defence Research and Development Organisation (DRDO) has  stressed the point  that it is capable of engineering “building blocks” of a killer satellite system to help prepare the country for the eventuality of a space war. What’s more, a modified version of the long range Agni-V missile, described as the most powerful missile system developed by India, can be used to launch defence satellites into a low earth orbit during emergency. “Agni-V can be used to launch mini satellites into a low earth orbit when access to one’s major satellite constellation gets disrupted” observed the then DRDO chief V.K.Saraswat, moments after the successful maiden test flight of Agni-V in April 2012. Perhaps the biggest contribution of the proposed Indian space law would be clearing the decks for the private companies in India to take up the mantle of building satellites and launch vehicles in addition to allowing them to operate their own satellite constellations that would cater to the needs of both the domestic and international customers. More importantly, an Indian space law would  also go a long way towards helping the Indian defence set up to create a ground work for an Indian space war strategy. On another front, Indian private enterprises associated with the Indian space programme would be in a position to enter the global space market by courtesy of a well-conceived Indian space law. At the end of the day, it would be a win-win development for all the stake holders and players in India’s space sector.

For more information on Space Law treaties and UN conventions, please visit the web links listed below: –

 

http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html

http://www.unoosa.org/oosa/en/ourwork/spacelaw/nlbcompendium.html

http://www.unoosa.org/oosa/en/ourwork/copuos/index.html

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The Encouraging Thunder Award #1

encouraging-thunder-awardHola people!

Been literally ages since I’ve accepted awards or even posted articles, I’ve been caught up with so many things that continuing to blog became almost too impossible, I’m sure Law students can relate, so without further a due, I’m quickly going to thank a fairly new blogger who shares similar interests with that of mine, yes, she too is a Law student and aims to be a fine Lawyer someday, which I’m sure she shall accomplish. Further, I’m only accepting this award which my fellow blogger has given me since she’s new and is also a Law student. I’m so very sorry for not accepting the awards which some of you’ll have honored me with, but since you’ll understand that life for a Law student does not come easy, I have not been able to accept the other awards. Sorry again.!

Thank you so very much Gursimran Kaur for such a wonderful award, I wish you all the very very best for your future endeavors and I hope you achieve what you are aspiring for.!

So coming back, here are the rules for accepting the following award : –

  1. Thank the person who nominated you.
  2.  Include the awards logo..
  3. List the reason(s) you started blogging.

err, here I’m making a few alterations in the rules and not nominating anyone, since I have not been able to connect to WordPress since a lot of months, hence I’m not aware of the deserving bloggers,

so I shall just accept the award, and state the reason for me to start blogging.

I started blogging last year, somewhere around November, and I must say it has changed my life for the better. I was keen on writing and expressing my thoughts on India’s social issues, it’s system, it’s working, the Judiciary and so on. I was at that point of time studying for Public Relations, and my professor, Vikram Kharvi, once suggested to me saying, “Hardi, if you’re so keen on voicing your opinion and want it to reach the masses as a whole, the best method is to maintain a blog..”

The next day I started researching as to how it all works, and then there was no looking back. I started to blog about my opinions, Laws which in my opinion should be amended, started spreading awareness about things that people do come across in their daily life but do not pay heed to, and I must admit, the appreciation I get, the love I get from all the bloggers makes me continue to post blog posts every now and then even in this extremely busy schedule.

That’s pretty much why and how I started to blog, and soon I’m going to start posting again.

Visit back,

Thanks and happy blogging peers. 🙂

Very Inspiring Blog #2!

indexShower of awards!

This is all so astonishing, when I first started this blog, I’d no damn clue that I’ll reach this far and get so much of love and recognition worldwide. This is something simply an amazing experience. Thanks so very much everybody. Thoroughly appreciate. Special thanks to the one who has nominated me for this award,  Courtney, here’s the link to her blog site https://courtenaysbeautybox.wordpress.com/.

So here are the rules to be followed;

1. Thank the person who nominated you and add a link to their blog
2. Display the award on your post
3. List the award rules so your nominees will know what to do
4. State 7 things about yourself
5. Nominate 15 other bloggers for the award
6. Contact your nominees to let them know you have nominated them. Provide a link to your post.
7. Proudly display the award logo (or buttons) on your blog, whether on your side bar, ABOUT page, or a special page for awards.

Here are 7 things about ME.! 😉

1. My haters are the one’s who inspire me to work even harder, I love smiling at them since it burns them into ashes,

2. For me my work is my worship, always and forever, I’m a very dedicated worker, may it be drafting or preparing arguments for my mentor, everything is do get’s me a step closer to my future ambitions.

3. When I love, I love intensely but when I tend to hate someone I hate them with even more intensity, so it’s basically like if you’re good to be I’ll be ten times better with you, but if at all you come in my way or do something that instigates me to show who I really am, then God save you. No exaggerations here, but the truth is the truth.

4. I strongly believe in the fact that the world maybe rules by lies at one point of time but the truth is always going to be the superior winner, no matter what. Whenever I’m going through a rather rough patch in my life, and I see that lies are overpowering the truth facet, I always remember the words that my mom always asks me to remember, ” The lies spoken may for once overshadow the hidden truth, but never will the truth be hidden in the long run”.

5. I strongly believe in Karma, what goes around is surely going to come around too.

6. I hate people who are negative, who discourage me to accomplish my goals, those vibes don’t suit me.

7. I prefer books over new clothes, I can go on reading for centuries together and never get bored at all, that much is my love for books.

Here are my nominees;

1. http://sanwajourneys.com/

2. http://edwinlives4ever.com/

3. https://doctorly.wordpress.com/

4. http://tastefortongue.wordpress.com/

5. http://lunaticpoet.com/

6. https://disappearingwoman.wordpress.com/

7. https://helensjournal.wordpress.com/

8. https://continuumissues.wordpress.com/

9. https://deepbluesandseafoamgreens.wordpress.com/

10. http://bendinggenre.com/

11. https://deannaschrayer.wordpress.com/

12. http://thecandidpickle.wordpress.com/

13. https://lifeoutofthenest.wordpress.com/

14. http://youngandtwenty.com/

15. https://bjaybrooks.wordpress.com/

So, thanks for reading and Happy blogging, sorry for the randomness of the facts, been too busy lately with visits to the court everyday, and other legal matters. Coming up with a new issue soon enough,

Liebster Blog Award…Showcase Edition

This was originally posted on C.E. Robinson’s blog site, her blog is a must visit.
Also I can’t thank her enough for posting all praise bout me 🙂

Before Sundown

LIEBSTER BLOG AWARD

Thank you so much Hardi Goradia. I’m honored that you nominated me for the Liebster Award. I’ve been following your blog for some time now, and I’m impressed with your writing and your goal to be a solicitor. Your blog tagline says it all, “if you are resolutely determined to make a lawyer of yourself, the thing is more than half way done already.” – Abraham Lincoln. And you’re half way done! Hardi’s an eighteen-year-old young woman who lives in Mumbai, India.

I had to think long and hard about this Liebster Award since I’ve declared my site award-free after receiving three blog awards in rapid succession. For me, the acceptance work involved took away from book writing time! Don’t get me wrong I love awards and I’ve explained all of that in my blog post, “Award, Award, Award…Three’s a Charm!!!” But, because Hardi is a special blogger friend, I’ll…

View original post 1,459 more words

An Error That Cost A Lifetime !

1370563973_pistol-firing-bullet-wallpaperMumbai, 16-11-2014-  You’re probably having a verbal tiff with your better-half or one of your close-friends or as a matter of fact, with anyone. You’re armed with a weapon! The weapon is so dangerous that it might as well kill the person you’re involved in a dispute if at all used. Out of the blue you get so angered that you feel like shooting down the person or for that matter stabbing him, And.. suddenly in a fit of emotions you actually shoot! This exactly is the profile of what is called Culpable Homicide.

75% of you’ll while reading it at first must’ve felt that a murder has being committed. Culpable Homicide is different from murder. Also the differences are pretty much subtle. Both the offenses include elements of knowledge and intention, the main distinction depends upon the degree of risk to human life. If the act is likely result of the act of the offender, it’s Culpable Homicide, but if it is surely an act of the offender, then it’s murder. The term Culpable Homicide originated from two Latin words, Homa meaning (man) and Cide meaning (cut), meaning thereby killing of a human by a human. Indirectly, it is being said that it isn’t murder since it could’ve happened because of negligence or willful blindness. We may call homicide almost similar to manslaughter. The crimes of murder and homicide respectively may have less distinction in eyes of the jurisdictions but their punishment differ widely in scope. If a person is charged for murder then the punishment in India is capital punishment since India takes it as a serious crime, whereas for Homicide the punishment ranges anywhere ranging from minimum for 10 years imprisonment to life-time imprisonment.

detective-and-csi-tech-at-murder-scene But hey, murder is murder! may it be due to negligence of the murderer or due to his willfulness or anything else, whatever the reason or the intention being human error!
Why is this differentiation drawn between these punishments? The very fact that a person has attempted murder is enough to hang him to death.

Cited below is a popular case of Culpable Homicide;

K. M. Nanavati vs. State of Maharashtra;

It was a 1959 Indian court case where Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife’s lover. The incident received unprecedented media coverage and inspired several books and movies. Nanavati was initially declared not guilty by a jury, but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial. The case was the last to be heard as a jury trial in India, as the government abolished jury trials as a result of the case.

Kawas Manekshaw Nanavati (1925–2003), a Parsi and a commander with the Indian Navy, had settled down in Mumbai with Sylvia (1931–), his English-born wife and their two sons and a daughter .With Nanavati frequently away on assignments for long periods of time, the lonely Sylvia fell in love with Prem Bhagwandas Ahuja, a friend of Nanavati. Prem’s sister Mamie Ahuja, in her testimony in court, stated that Prem had agreed to marry Sylvia, provided she divorced her husband. But this was contradicted by the letters written by Sylvia (admitted as Sylvia’s testimony), where she expressed her desire to divorce Nanavati and marry Prem, but she doubted whether Prem had the same intentions. In a letter dated 24 May 1958, she wrote “Last night when you spoke of your marrying and the various other girls you might marry, something inside me snapped and I knew I could not bear the thought of your loving someone else…”.

On 27 April 1959, Nanavati returned home from one of his assignments and finding Sylvia aloof and distant, he questioned her. Sylvia, who now doubted Prem’s intention to marry her, confessed about the affair to her husband. Nanavati dropped his family at the Metro Cinema, for a show he had promised to take them to, but excused himself and headed straight to confront Prem Ahuja. When Sylvia was asked in court, why she went to the theatre, leaving her agitated husband behind, she answered, “I was upset myself and I did not think clearly then. I was not indifferent to my husband killing himself… It is difficult to explain these things to children, so I took them to the cinema.” Nanavati went to the Naval base, collected his pistol on a false pretext from the stores along with six cartridges, completed his official duties and proceeded to Prem Ahuja’s office. On not finding him there, he went to Ahuja’s flat. At Ahuja’s residence, Nanavati confronted him and asked him whether he intended to marry Sylvia and accept their children. After Prem replied in the negative, three shots were fired and Prem Ahuja dropped dead. Nanavati headed straight to confess to the Provost Marshal of the Western Naval Command and on his advice, turned himself in to the Deputy Commissioner of Police.The crux of the case was whether Nanavati shot Ahuja in the “heat of the moment” or whether it was a premeditated murder. In the former scenario, Nanavati would be charged under the Indian penal code for culpable homicide, with a minimum punishment of 10 years.

This is because he could have invoked exceptions 1 and 4 of section 300 of IPC (which defines murder). Exception 1 states:

“Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.”

Exception 4 states:

“Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.

Explanation – It is immaterial in such cases which party offers the provocation or commits the first assault.”

In the latter scenario (i.e. premeditated murder), Nanavati would be charged with murder, with the sentence being death or life imprisonment. Nanavati pleaded not guilty and his defence team argued it as case of culpable homicide not amounting to murder, while the prosecution argued it was premeditated murder. The jury in the Greater Bombay sessions court pronounced Nanavati as not guilty, with an 8–1 verdict. Mr. Ratilal Bhaichand Mehta (the sessions judge) considered the acquittal as perverse and referred the case to the high court.
The prosecution argued that the jury had been misled by the presiding judge on four crucial points:

  1. The onus of proving that it was an accident and not premeditated murder was on Nanavati.
  2. Was Sylvia’s confession grave provocation for Nanavati? or any specific incident in Ahuja’s bedroom or both.
  3. The judge wrongly told the jury that the provocation can also come from a third person.
  4. The jury was not instructed that Nanavati’s defence had to be proved, to the extent that there is no reasonable doubt in the mind of a reasonable person.

The court accepted the arguments, dismissed the jury’s verdict and the case was freshly heard in the high court. Since the jury had also been influenced by media and public support for Nanavati and was also open to being misled, the Government of India abolished jury trials after this case. Jury thus held him not guilty. The incident both shocked and riveted the entire country. Such a crime of passion, as it was termed, was unusual, especially in the upper echelons of the society and that too by a highly decorated officer. People also found the unfolding relationships intriguing. For instance, Nanavati had known Ahuja for nearly 15 years and Sylvia stood by her husband after Ahuja’s murder. The weekly tabloid Blitz , run by R. K. Karanjia, a Parsi himself, publicised the story, ran exclusive cover stories and openly supported Nanavati, portraying him as a wronged husband and upright officer, betrayed by a close friend. Blitz painted Nanavati’s image, as that of a man representing the ideal middle class values as against Ahuja’s playboy image, that symbolised the corruption and sleaze of the bourgeois. A copy of Blitz during the trial sold for Rs.2/- per copy, up from the normal rate of 25 Paise or rupee 0.25. Peddlers on the street sold Ahuja Towels and toy Nanavati Revolvers, Influential Parsis held regular rallies in Mumbai, with the largest being an event held at Cowasji Jehangir Hall, to support the Governor’s decree that suspended Nanavati’s life sentence and put him under naval custody, until his appeal was heard by the Supreme Court. At that rally, 3,500 people filled the hall and around 5,000 stood outside. Nanavati also received backing from the Indian Navy and the Parsi Panchayat, while the Sindhi community backed Mamie Ahuja. Among the jurists, Ram Jethmalani, a Sindhi, led the prosecution, while Karl Khandavala, a Parsi, represented Nanavati.

law2

Culpable Homicide under the Indian constitution is a non-bailable offense.

Following is the punishment for Culpable Homicide not amounting to murder;

“Section 299 in The Indian Penal Code”-

299. Culpable homicide.—Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offense of culpable homicide. Illustrations

(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offense of culpable homicide.
(b) A knows Z to be behind a bush. B does not know it A, intend­ing to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offense; but A has committed the offense of culpable homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. Explanation 1.—A person who causes bodily injury to another who is laboring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3.—The causing of the death of child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.
“Section 304 in The Indian Penal Code”-
 Punishment for culpable homicide not amounting to murder.—Whoever commits culpable homicide not amounting to murder shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
“Section 308 in The Indian Penal Code”-
 Attempt to commit culpable homicide.—Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has com­mitted the offense defined in this section.
“Section 301 in The Indian Penal Code”-
Culpable homicide by causing death of person other than person whose death was intended.—If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
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Sins of the mother : The tragedy of NEONATICIDE.

h

Mumbai:
Neonaticide is the term used for children who are slain within the first 24 hours of their birth. Majority cases of neonaticide are found to be in developed as well as under-developing countries, scarcely ever these cases are found in developed countries. No act arouses emotions more than the death of an infant. Even harder to explain, or even comprehend, is the death of a newborn at the hands of a parent. Resnick, coined the term neonaticide. Although this tragedy is not uncommon amongst mothers, it is an exceptionally rare event amongst the fathers. Neonaticide is often preceded by denial of pregnancy. The preponderance of case reports of neonaticide describes a pattern of pregnancy denial, dissociation, and ego disorganization after alleged neonaticide. The woman received a psychiatric evaluation and was administered the Dissociative Experiences Scale. Nearly all of the women reported similar precipitants and symptoms, including depersonalization, dissociative hallucinations, and intermittent amnesia at delivery. The characteristics of the women in the study were similar to those reported in the literature on neonaticide. The existence of this common pattern suggests that treatment strategies can be designed for women at risk for neonaticide.
It must be well understood that this mainly means bloodshed of the girl child. In India, foeticide  cases reported an increase by 49.2%. It is difficult to reconcile with the deep rooted beliefs that mothers are inherently nurturing and self-sacrificing. The United States ranks first in child homicide under the age of four years. Forty-five percent (45%) of all child murders occur in the first 24 hours of life and thus can be classified as neonaticide.
Neonaticide differs from other types of infant deaths; women who commit such crimes are typically acting either out of psychotic motives or as a result of adaptive evolution. It is pretty somber that only 30 countries across the world have laws against neonaticide and it is gratifying to know that India is one of those countries. Nations who have neonaticide laws include; Turkey, England, Sweden, Brazil etc. England has traditionally viewed infanticide as a “special crime” passing its first Infanticide Act in 1623 under the Stuarts and more recently in the Infanticide Acts of 1922 and 1938. Most recently England passed the Infanticide Act of 1978 which allows a lesser sentence for attempted infanticide. Unlike England and other European countries, the United States has not adopted special statutes to deal with infanticide or neonaticide. Nonetheless, juries and judges, as reflected in their verdicts and sentences, have consistently considered the difficulties and stresses of a mother during the post-part-um period.
Now India has since time in-memorable has had preference for sons over daughters. A recent study found that 50,000 unborn girls were aborted every year. Surprisingly a UNICEF report in 2006 revealed that 10 million girls were killed by neonaticide ! The practice is prominent in Gujarat and north-Indian states where there are low recorded rates of female children. The act of killing unwanted baby girls is a long standing sociocultural problem across the whole of the Indian-subcontinent owing to the patriarchal nature of our society. Isn’t it sad that God created mothers since he couldn’t be present everywhere, quite surprising that God’s own representatives are continuously killing someone who equals god?
I would further like to display case studies based on neonaticide for better understanding.
Case Reports:

Case 1:
“J.S., born 1879, with positive heredity of mental deficiency, on July 15, 1911, poisoned his new-born child because he felt that his own poor health might result in his death leaving no one to provide for his wife and child. Psychiatric examination revealed no evidence of mental disease, but the presence of mental deficiency. He was considered responsible for the deed and later sentenced to ten years in the penitentiary. On May 1, 1915, having served three years two months, he was released on probation. At no time during his penitentiary residence nor subs
Eloquentlyhas he shown any symptoms of schizophrenia.”
Case 2:
“A bright 26 year old man was forced into marriage by his wife’s pregnancy. He saw the coming child as a bar to his ambition. On one occasion he put poison in his wife’s soup hoping that the infant would spontaneously abort or be stillborn. He strangled the infant while delivering it himself. Although free of overt psychosis at the time, he developed a clinical picture of full blown schizophrenia three years later. He too was sentenced to ten years in prison”

Case 3:
H. was 35 years old when he killed his 5 hour old son in front of the baby’s mother (his girlfriend) and a nurse, in a hospital room, by stabbing him repeatedly with a hunting knife. H. had planned this and went to the hospital expressly for the purpose of disposing of this unwanted infant. H. was born in 1946 to a rural wealthy family
From the Northeast, His parents were divorced when he was 26 and his father died when he was 29. His birth was reported as being normal and traumatic. There are no materials to suggest any difficulties in early life or as a youngster. His mother admits that she never wanted children and did so only to please her husband. After attending three different private high schools he graduated and moved to New York City where he studied drafting at an architecture school. He claims to be an excellent draftsman and in fact has designed and built two houses when
he was eighteen to twenty years of age. He reports that his favorite employment involved the freedom and independence of being a taxi-cab driver for about ten years.

Further have been stated laws against neonaticide and infanticide in India ;

The female infanticide prevention act, 1870: The Female Infanticide Prevention Act, 1870, also Act VIII of 1870 was a legislative act passed in British India, then under Crown Rule, which sought to prevent the murder of female infants by some upper-caste Hindu communities by instituting penalties and sentences throughout all jurisdictions of British India.

The per-natal diagnostic techniques (regular prevention of misuse act, 1994.): An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of per-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female feticide; and, for matters connected there with or Incidental thereto.

Medical termination of pregnancy act, 1971: An Act to provide for the termination of certain pregnancies by registered Medical Practitioners and for matters connected therewith or incidental thereto.

The per-natal diagnostic techniques (regular prevention of misuse act, 1994.): An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of per-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female feticide; and, for matters connected there with or Incidental thereto.

“A woman gives birth to a civilization,
A girl is no less than the goddesses you’ll worship, prevent neonanticide!”

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Disclaimer:The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. The newsletters and articles on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.

Acid Attacks: The New Gender Terrorism.

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Mumbai: “With her head bend down , staring at the floor, saliva running down her skin, a woman is unable to lift her head or close her mouth.
Acid has melted her skin, her life ahead. Acid attack or acid throwing is a fast spreading social issue in under – developed as well as developing countries. An estimated of 1,500 people are victim’s of such barbaric attacks. People throwing acids are like wild animal’s who need to be tamed before they go viral, as it happens in most cases. 80% of such attacks happen on women and about 40% of them being below 18 year’s of age. Though  most of these attacks are becoming increasingly banal in countries such India,  Cambodia, Nepal, Vietnam,  Laos, Kenya, Pakistan amoung the many others, Bangladesh  has till date reported the highest number of attacks in the world!
Seldom resulting in death, the horror of such attacks is nevertheless striking. Within seconds, the acid diffuses skin, fat, muscle and remarkably bones. Women may be left blind, not witstanding the fervent physical agony. These types of brutal attacks may occur showing a customary theme, i.e. a women stepping out of her subordinate gender role. Victims are left permanently disfigured, socially isolated and emotionally starred.
The people in general need to voice their opinion in such contentions, since they’re happenning on a global scale now. Maximum imprisonment for attacks has been 14 years. What infact calls for such heinous crimes is “An eye for an eye” punishment viz. Capital punishment. In India, only cases relating to sati, honour killing,  drug trafficking,  terrorist attacks, etc.call for a death penalty. In countries such as Pakistan several drops of acid are dropped in the eyes of the accused, Singapore uses the harshest of harsh punishments, may it ne judicial cases or else. Other countries are using carring, firing squad, amputing, eye gouging,  chemical blinding, stoning and even crusifying as means of punishment.
In India the following is being implemented;
Indian Penal Code was amended on the 2nd of April 2013 with the passing of ‘ The CRIMINAL Law (Amendment) Act. 2013.The amendment resulted in insertion of sections 326A and 326B for specifically dealing with acid violence. The new Sections 326A and 326B read as follows :

326A. Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

326B. Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine

Compensation for acid attack
Section 357B has been newly inserted in Cr PC which reads as :

“The compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A or section 376D of the Indian Penal Code.”

Free Medical Treatment

357C has been newly inserted whereby all hospitals,public or private are required to provide first aid or medical treatment free of cost. The section reads as:

“All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 326A, 376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code and shall immediately inform the police of such incident.”

So raise your voices and make it worthy, acid burns her life too! ”

Disclaimer:The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. The newsletters and articles on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.