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CYBERBULLYING AND ITS LEGAL REMEDIES

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CYBERBULLYING AND ITS LEGAL REMEDIES

 

ABSRACT

The use of the digital technologies has made the growth of the cyberbullying. The main reason behind the increase of cyberbullying due to the social media, messaging platforms, gaming platforms and mobile phones. It is repeated behaviour, aimed at scaring, angering, or shaming those who are targeted[1].cyber world is like a spider web, the substance it has been made off can become poisonous to any living creature. Every individual’s security and privacy will be the most essential element for the state and the country.

INTRODUCTION

Technology caused a positive as well as negative impact to the world .Although in many ways it has  helped people to live their life with ease but at the same time there are rising certain problems to the people living in peace. In this article we are discussing the  cyberbullying , its meaning, the Laws in India relating to it, the legal remedies to control it.

CYBERBULLYING

The National Crime Prevention Council defines cyberbullying as “the process of using the internet, cell phones or other devices to send or post text or images intended to hurt or embarrass another person[2].” Cyberbullying is the act of harassing or disparaging someone via email, direct messages, and other social media apps, among other digital platforms or communication sources. The term used when someone’s reputation is damaged or humiliated by nasty content disseminated about them on the internet.

INDIAN PERSPECTIVE

While the frequency of cyberbullying in India is rising daily, but also there  is no direct laws regarding the same in the country. The Information Technology Act of 2000 and the Indian Penal Code contain provisions pertaining to the penalties associated with cyberbullying.

According to the Ministry of Women and Child Development’s press release on “Digital Exploitation of Children,” cyberbullying and cyberstalking against women are punishable under IPC sections 354A and 354D.

 

After section 354D was added to the IPC by the Criminal Law (Amendment) Act of 2013, it became illegal to stalk women online.

 

Place of occurrence of cyberbullying are as follows :

  • Social Media ( Facebook, Instagram, Snapchat, Twitter, etc.)
  • SMS (text messages from the cellular network)
  • Instant Message Services (WhatsApp, Facebook messenger, I message, etc.)
  • Email

In the case of State of West Bengal v. Animesh Boxi[3], the accused took possession of some private and obscene photographs of the victim by hacking into her phone, blackmailed her by threatening to upload the stolen pictures and videos on the internet and subsequently uploaded her private pictures and intimate videos onto an obscene website. In accordance with sections 66C and 66E of the IT Act as well as sections 354A, 354C, 354D, and 509 of the IPC, the West Bengal District Court found the defendants guilty.

It’s not too difficult to create a Facebook profile under someone else’s name, and with one, it’s possible to portray the victim in an inaccurate manner. There are so many incidents happening in India regarding the fake Facebook profile. Sections 354A (Sexual harassment and punishment for sexual harassment), 354D (stalking), 499 read with Section 500 (Defamation and Punishment for defamation), Section 507 (Criminal intimidation by an anonymous communication), and Section 509 (Word, gesture, or act intended to insult the modesty of a woman) of the IPC may apply when the creation of a fake Facebook profile is accompanied by the uploading of vulgar or obscene photos of the victim on such profile.

In Shubham Bansal v. The State (Govt of NCT Delhi) [4], the accused made up a fake Facebook profile under the name Nidhi Taneja and added the victim’s phone number. This annoyed, insulted, and harassed the victim, leading to the filing of a First Information Report (FIR) against the accused. The victim then filed a second application under Section 173(8) of the CrPC, asking the investigating officer to investigate the matter further. As a result, the case was remanded to the Metropolitan Magistrate for further consideration. Subsequently, the accused filed an application to have Section 509 of the IPC and Section 66A of the IT Act proceedings against him dropped.

 

 

In Hareesh v. State of Kerala[5], the petitioner made a fictitious Facebook profile, uploaded pornographic images of the victim online, and included her phone number beneath the offending post to allow outsiders to get in touch with her. After that, the applicant who had been arrested for offenses punishable by Section 354(D) of the IPC and Sections 67 and 67E of the IT Act filed an application for anticipatory bail. The Kerala High Court rejected the request for anticipatory bail, stating that it would not be appropriate for the court to meddle with the investigation and that the applicant’s involvement in the offenses was confirmed by the materials in the file.

 

 

CONCLUSION

From the above research, it can be concluded that there can be more new regulations that can be introduced within the coming years, the centre focus for the government should be safeguarding the privacy of any individual or business. By constant growth in the advancement of technology and increase in the regulations, the government should sustain the trust of its citizens by safeguarding and providing security of the data privacy which should not be fallout in the eyes of the people and not be a failing implementation for the citizens of India but also act as a lookout for the people around the world.

[1] UNICEF, Cyberbullying: What is it and how to stop it, February 2023, https://www.unicef.org/end-violence/how-to-stop-cyberbullying

[2] National Crime Prevention Council, An explanation of the growing phenomenon of cyberbullying, https://www.ncpc.org/resources/cyberbullying/what-is-cyberbullying/

[3] State of West Bengal v. Animesh Boxi , GR No. 1587 of 2017.

[4] Shubham Bansal v. The State (Govt of Nct Delhi), Criminal Miscellaneous Petition No. 2024 of 2018.

[5] Hareesh v. State of Kerala, Bail Application No. 4858 of 2018.

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NAVIGATING EMPLOYEE RIGHTS IN THE GIG ECONOMY: LEGAL CHALLENGES AND SOLUTIONS

Articles

Abstract

Managing employee rights in the gig economy is a difficult and urgent problem with many legal obstacles and a lack of workable solutions. Gig workers frequently find themselves in a precarious situation as the nature of employment changes because they are usually categorized as independent contractors rather than regular employees. Gig workers may become vulnerable as a result of this designation if they are denied essential labor protections like overtime compensation and the minimum wage. This abstract explores possible remedies for these problems. Legislators and legal experts are looking for ways to resolve this problem, such as reclassifying gig workers as “dependent contractors,” which would provide them flexibility and certain employment benefits. Strong enforcement measures and sector-specific legislation are also being developed to support the rights of gig workers.

Introduction

A major shift in the employment landscape has resulted from the gig economy’s inception and rapid growth, posing difficult considerations about employee rights, legal complications, and the need for workable solutions. Workers in this dynamic workplace, where independent contractor arrangements frequently replace traditional employer-employee relationships, confront significant issues with regard to labor protections, benefit access, and job security. This introduction lays the groundwork for an in-depth examination of the complex legal issues and creative solutions that are essential to defending gig workers’ rights in a changing economy that is constantly redefining the nature of employment and work.

Issues faced by the Workers in Gig Economy

A slew of legal challenges, mainly related to classifying workers as independent contractors as opposed to regular employees, have been brought about by the gig economy. This difference frequently results in gig workers losing out on important labor protections including minimum wage, employee benefits, and overtime pay, which casts doubt on their capacity to make ends meet and stability in their careers. Moreover, disputes regarding work status have resulted in a significant amount of litigation, forcing courts and regulators to confront the evolving nature of labor. Comprehensive legal reform is desperately needed to address the issues of discrimination, access to social safety nets, enforcement of current labor laws, and the ambiguity surrounding the rights and responsibilities of gig workers in an economy that is continuously changing the nature of employment.

When workers are mistakenly categorized as independent contractors rather than normal employees, it has a substantial impact on their labor rights, including the ability to form unions, get overtime pay, and obtain the minimum wage. In addition to being denied essential benefits like paid time off, retirement plans, and health insurance because of their misclassification, gig workers also run the risk of experiencing financial instability. Due to these issues, there are now more legal disputes and regulatory challenges, which forces lawmakers and courts to address the evolving nature of employment and work relationships. They also highlight the need for legal reform that strikes a balance between the rights and protections of gig workers in a constantly changing labor market.

Judgements Relating to Gig Economy

Gig economy refers to employment that is not full-time but is transient and flexible. In the case of Ali Razak v. Uber Technologies, Inc.[1] the Eastern District of Pennsylvania determined that UberBLACK drivers were independent contractors, solidifying this understanding.

In India, the Balwant Rai Saluja v. Air India Ltd[2]. ruling reveals the elements that regulate the employer-employee relationship. The Supreme Court ruled in this case that a number of factors, including

  1. who is the appointing authority,
  2. who is the paymaster,
  3. who can dismiss,
  4. how long alternative service lasts,
  5. the degree of control and supervision,
  6. the nature of the job, such as whether it is skilled or professional work,
  7. the establishment’s nature, and
  8. the right to reject, have an impact on the question of employee status.

The court further decided that “effective and absolute control” was the level of control that an employee had to have.

The Supreme Court of India is considering an appeal involving the classification of agarios as either independent contractors or laborers in the matter of Dharangadhara Chemical Works Ltd vs. State of Saurashtra[3]. The agarias are expert laborers who employ seasonal showers to make salt. The appellants argued that the Industrial Tribunal and the High Court had correctly classified the agarias as independent contractors rather than laborers. The court ruled that the agarias are entitled to certain protections and rights since they are workers as that term is defined by the Industrial Disputes Act. The agarias’ position as employees is maintained and the appeal is rejected.

The workers in Ram Singh and Others v. Union Territory, Chandigarh & Ors[4] are asking for the regularization of their employment under the Chandigarh Administration’s Engineering Department. They argue that they are actually department employees and not merely contractors. As evidence that the contract workers are, in reality, department employees, the terms and conditions of the contract imply that the Engineering Department has complete control over them.

The Indian Supreme Court has received a plea from the Indian Federation of App-Based Transport Workers (IFAT) and two individual drivers in the case of Indian Federation of App-Based Transport Workers vs. Union of India and Others[5]. They contend that numerous provisions of the Indian Constitution are violated by the contracts between gig workers and service aggregator businesses like Ola and Uber. The petitioners are requesting a number of reliefs, such as the social security legislation to recognize gig workers as “workers,” the registration of gig workers on a government portal, the extension of benefits to gig workers, and adherence to the rules of motor vehicle aggregators. The petitioners contend that it is against their rights to equality, life, and freedom from forced labor for gig workers to not be recognized as employees. They contend that because gig workers are governed and overseen by service aggregators, they are entitled to social security benefits. Denying gig workers social security benefits is viewed as forced labor exploitation.

Gig’s Economy Impact on Traditional Employment Model

Traditional employment arrangements have undergone a fundamental transformation as a result of the gig economy. It has put into question the long-standing conventions of steady, full-time employment and substituted a more adaptable, project-based methodology. This has resulted in a breakdown of traditional job security, consistent benefits, and collective bargaining opportunities, which has changed the balance of power between companies and employees. Employers are turning more and more to temporary and part-time workers as a result of this gig-driven revolution, which is fragmenting the workforce and changing the nature of working relationships.

Solutions for Employee’s Rights in Gig Economy

A multifaceted strategy is required to address the complicated issue of labor rights in the gig economy. Firstly, legal reforms must to be sought in order to elucidate the classification of gig workers and possibly create a new category, such as “dependent contractors,” which guarantees access to fundamental labor protections without sacrificing flexibility. Furthermore, industry-specific laws can be put into place to customize worker rights to the particular difficulties faced by different gig economies. To further protect gig workers from exploitation, there is an increasing need for strengthened enforcement tools to guarantee adherence to these standards. Businesses, governments, and advocates of gig workers must work together to achieve a fair and equitable balance that protects the flexibility of the gig economy while giving workers the benefits and protections they are entitled to.

Conclusion

In summary, the rapid growth of the gig economy has created intricate legal issues pertaining to employee rights, necessitating creative ways to resolve the underlying inequities. Gig workers’ access to basic labor rights and benefits has been restricted due to their status as independent contractors rather than regular employees, which ultimately puts their financial stability and job security in jeopardy. In order to effectively overcome these obstacles, extensive legal reforms must be pursued. This may entail the introduction of a new category, such as “dependent contractors,” to provide gig workers with important labor protections while maintaining their flexibility. The special requirements of various gig industries should be taken into account when designing sector-specific legislation, and strong enforcement measures are necessary to guarantee compliance. Businesses, governments, and advocates for gig workers must work together to strike a fair and equitable balance that preserves the vibrancy of the gig economy while defending the rights and welfare of its workforce. Together, we can address these issues and put solutions in place to create a gig economy that is more equitable, sustainable, and advantageous to all parties involved.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Hargunn Kaur Makhija

[1] No. 18-1944 (3d Cir. 2020)

[2] Civil Appeal Nos.10264-10266 OF 2013

[3] 1957 AIR 264, 1957 SCR 152

[4] Appeal (civil) 3167 of 2002

[5] Writ Petition(s)(Civil) No(s).1068/2021

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NALSAR Implemented The Menstrual Leave Policy: A Legal Outlook

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Abstract

This article covers an in-depth legal overview of NALSAR University of Law’s recent menstrual leave policy implementation. Menstrual leave is a policy concept that has attracted attention as a crucial step towards gender equality. It was created to solve workplace issues relating to gender. The article addresses the growing trend of menstrual leave policies in both corporate and educational sectors, as well as the legal environment in India surrounding such policies and their consequences for workplace rights and gender discrimination. In addition, it explores the possible difficulties and disputes surrounding the use of menstrual leave rules, providing guidance on how to guarantee both legal observance and efficient implementation. This article adds to the current conversation on workplace rights and gender equality by offering a legal analysis of NALSAR’s menstrual leave policy.

Legal Basis Of The Law

In India, there is no specific law mandating menstrual leave. However, the policy can be framed under broader labour laws, such as the Factories Act, which provides for women’s health and safety at the workplace. The policy aligns with the principles of gender equality enshrined in the Constitution of India. It attempts to address the unique needs of women, recognizing the physical and emotional challenges many face during menstruation. The legal basis for this policy can be found in various dimensions of Indian law. To begin, Indian labour laws play a pivotal role. It is crucial to scrutinize labour statutes like the Factories Act, of 1948, and the Employees’ State Insurance Act, of 1948, which govern working conditions and employee benefits. By doing so, one can ascertain how NALSAR’s menstrual leave aligns with existing labour regulations and whether it conforms to legal standards.

Furthermore, the constitutional framework of India provides another significant legal backdrop. Articles 15(3) and 42 of the Constitution hold relevance here. Article 15(3) empowers the state to make special provisions for women, and Article 42 directs the state to ensure just and humane conditions of work. The alignment of NALSAR’s policy with these constitutional provisions is a pivotal aspect to consider from a legal standpoint. Gender equality laws in India, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and the Maternity Benefit Act, 1961, offer additional legal perspectives. These laws emphasize gender equality and rights in the workplace, and assessing how menstrual leave fits into this legal framework is essential.[1] Legal precedent, including relevant case law, also plays a crucial role. By referring to legal cases and precedents, one can ascertain whether there are established legal foundations for the implementation of policies like menstrual leave. Additionally, the policy must be examined within the context of human rights, as it pertains to women’s rights and dignity. Assessing its alignment with the Universal Declaration of Human Rights is pertinent. Moreover, as NALSAR is an educational institution, its legal authority to implement such a policy must be evaluated. This entails considering the extent to which the institution may be subject to or exempt from specific labour laws.

 

Purpose of The Policy & MPLG (Menstrual leave policy group)

The Menstrual Leave Policy Group (MLPG) at NALSAR University of Law has recognized a prevalent issue affecting nearly 50% of the campus population, including students, professors, and workers. Menstrual cramps, dysmenorrhea, and associated symptoms like constipation and diarrhoea often go unaddressed, causing considerable discomfort. Many individuals also grapple with menstrual disorders like Polycystic Ovary Syndrome (PCOS) or Polycystic Ovarian Disease (PCOD).[2] Despite the high prevalence of these issues, there exists a significant cultural taboo in India, even within educational spaces, where menstruating individuals are expected to endure their pain without accommodation or support.

NALSAR, known for its progressive initiatives like gender-neutral facilities and accessibility infrastructure, recognizes the need for change. The formation of the MLPG serves a dual purpose: to create a menstrual leave policy tailored to NALSAR’s context and to foster awareness and education about menstruation. The group aims to establish period-friendly spaces within the university, ensure access to targeted medical facilities, and provide sanitary napkin dispensers for faculty, students, and staff. The policy, modelled after medical leave systems, seeks to support menstruating individuals in taking care of their reproductive health without jeopardizing their access to education. This initiative represents another step forward in NALSAR’s commitment to inclusivity and equitable treatment for all members of its community.

Procedure To Claim Menstrual Leave At NALSAR

The Menstrual Leave provided to all the beneficiaries can hereby be claimed directly through the exam office. The certain manner is as follows:

A revised menstrual leave form will be made available to all students, and a duplicate copy will be maintained in the examination office, alongside the existing medical leave documentation.

Beneficiaries of the menstrual leave policy will have the option to personally submit the leave request, specifying the particular day for which they are seeking leave.

To avail of the menstrual leave, individuals must complete and physically submit the menstrual leave form to the examination office within a maximum of 7 working days from the date they wish to take the leave.

Constitutionality of Menstrual Leave Policies in India

Gender Equality and the Constitution: This section discusses the constitutional provisions that emphasize gender equality in India. It highlights Article 15(3), which empowers the state to make special provisions for women, and Article 42, which directs the state to ensure just and humane conditions of work. The examination of menstrual leave policies through the lens of these constitutional provisions is a pivotal aspect of this analysis.[3]

Right to Equality: The right to equality, as guaranteed by Article 14 of the Indian Constitution, is central to this discussion. It involves assessing whether menstrual leave policies treat individuals equally or disproportionately impact a specific gender. Analyzing potential legal challenges that may arise due to perceived discrimination is essential.

Fundamental Rights and Reproductive Health: This part explores how menstrual leave policies intersect with the fundamental rights of individuals. Specifically, it considers how these policies may align with the right to life and personal liberty (Article 21), the right to education (Article 21A), and the right to work (Article 41), while also addressing concerns related to menstrual disorders like PCOS and PCOD.

Objective of The Menstrual Leave Committee at NALSAR

The Menstrual Leave Committee has been established at NALSAR University of Law with a set of clear objectives aimed at addressing various aspects of menstrual health and hygiene. These objectives encompass ensuring the effective implementation of the Menstrual Leave Policy and creating a supportive environment for menstruating individuals within the university.

Conflict Resolution and Policy Enhancement: One of the key objectives of the Menstrual Leave Committee is to address conflicts related to the policy’s implementation. This includes concerns about attendance, the proper completion and submission of menstrual leave forms, and the identification of eligible beneficiaries. The committee is also tasked with preventing misuse of the policy. Furthermore, it seeks to make recommendations for potential amendments to university rules and policies that can better accommodate the needs of menstruating individuals.

Sensitization and Education: The committee is responsible for conducting sensitization programs on menstrual health and hygiene. These programs are designed to benefit a wide spectrum of the university community, including students, administration, faculty, staff, and other stakeholders. By raising awareness and providing education, the committee aims to dispel myths and stigmas surrounding menstruation.

Reproductive Health Promotion: Promoting reproductive health and hygiene is a core objective. The committee is tasked with organizing activities that support menstruating individuals in maintaining their reproductive health. This includes ensuring the availability of essential medical supplies, such as sanitary pads, antispasmodic medicines for period cramp relief, pain relief gels, and hot water bags at the University Health Centre[4]. These supplies are intended to benefit students, faculty, staff, and workers on campus.

Facility Improvement: To enhance the convenience and accessibility of menstrual hygiene products, the committee aims to install functional pad dispensers and incinerators in various campus facilities, including the Academic Block, Administrative Block, Girls Hostels, Library, and the Gender Neutral Washroom. These improvements seek to make menstrual hygiene products readily available to those in need.

Holistic Wellness: A holistic approach to wellness for menstruating individuals is promoted by the committee. This encompasses not only addressing physical health but also considering emotional and psychological well-being.

Policy Implementation and Beyond: In addition to the specific objectives outlined, the committee is responsible for all other activities required for the proper implementation of the Menstrual Leave Policy. This includes responding to emerging needs and evolving best practices to ensure that the policy remains effective and relevant.

 

Conclusion

In conclusion, NALSAR’s implementation of a Menstrual Leave Policy, when viewed through a legal lens, represents a significant stride towards promoting gender equality and recognizing the fundamental rights of menstruating individuals in the educational space. This legal analysis underscores the policy’s alignment with constitutional provisions emphasizing gender equality, fundamental rights, and the right to equality. It is a testament to NALSAR’s commitment to creating an inclusive and equitable educational environment.

The constitutional examination also underscores the importance of considering the right to equality under Article 14 and how menstrual leave policies must be crafted to ensure that they do not inadvertently discriminate or disproportionately affect a particular gender. The policy serves as a platform for addressing both gender disparities and the broader issue of reproductive health and hygiene.

As the Menstrual Leave Policy becomes a part of NALSAR’s institutional framework, it signifies a progressive step forward, fostering awareness and education on menstruation, challenging taboos, and addressing the practical needs of menstruating individuals. This legal outlook underscores the policy’s potential to serve as a model for other educational institutions in India, sparking dialogue and change regarding the treatment of reproductive health in the academic sphere.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By: Gauri Joshi

[1] Menstrual leave Policy of 2023

[2] NALSAR rule book for menstrual leave

[3] SCC ONLINE

 

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India that is Bharat: A legal perspective (NCERT Panel is set to use Bharat instead of India in textbooks)

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NCERT to change India Into Bharat in textbooks:

The recommendation of a high-level committee appointed by the National Council of Educational Research and Training (NCERT) to update the social sciences curriculum for schools is to replace the word “India” in school textbooks with the word “Bharat,” which has infuriated opposition politicians. The NCERT stated that it was “too premature” to comment on the matter, emphasizing that the panel’s recommendations had not yet been accepted.

four months ago, the idea was submitted to the NCERT, which approved the suggestion to substitute “Bharat” for “India.” Referencing the Hindu Vishnu Purana, he argued that the term “Bharat” was a more fitting moniker for the nation.

Prof. Shinde stated, “Everyone on the panel has decided to replace India with Bharat.” Additionally, the committee suggested that all Indian dynasties be included equally in textbooks rather than just one or two. We have also suggested that the syllabus be updated to reflect the ongoing national discoveries. Prof. Shinde said, “These discoveries can be historical or archaeological, among other things.

The history of the name India:

The name India originated from a geographical aspect, the name India originates from the river Sindhu. Originally the word India did not exist the Aryans in 600 BCE to 300 BCE used to call the Indus River Sindhu River (Sindhu being a Sanskrit word). Then a Greek explorer named Scylax of Caryanda explored the river Indus and it gave birth to the word Indos. And with the passage of time, Indos became India. This name was also used for the civilization which was across the Sindhu/Indus River and the civilization we are talking about is the Harrapan Civilisation. Which was also called the Indus Valley Civilisation.

Origin of the word Bharat:

When we talk about the name Bharat it is not a geographical or a foreign term given to us, but quite the opposite to that it has been a part of our culture and history for a very long time. The first time ever that the term Bharat was used in the oldest Vedic Sanskrit text the Rigveda and it was written by Ved Veyas. The term Bharat is used as a reference to Bharata who was the king of the Bharata clan. King Bharata won the battle between 10 kings after which for the first time our country was united.

Another significant indication of Bharat being attached to our culture and history is the holy book “Mahabharat”, the book also talks about the Bharata clan and the battle of Mahabharat that took place in the northern part of our country. Apart from these references in the books, around 2100 years ago in Odisha in the Hathigumpha Caves, the word Bharatvarsh was carved. The term Bharatvarsh was used for the gigantic region of our country and not the whole country.

In the Vishnu Purana, there is a geographical description of Bharat. It says, “Uttaram yat samudrasya, Himadreschaiva dakshinam, varsham tad Bharatam nama Bharati yatra santatih”. It means that Bharatam, or Bharat is the country that lies to the north of the ocean and to the south of the snowy mountains.[1]

Constitutional say on the term Bharat:

The adaption of the term Bharat for our country is not something new and alien introduced by the government, rather it also has been a part of our constitution Article 1 states:

“India, that is Bharat, shall be a Union of States.
The States and the territories thereof shall be as specified in the First Schedule
⁠The territory of India shall comprise —
(a) the territories of the States;
(b) the Union territories specified[2]

So the government’s initiative to use the term Bharat instead of India is not unconstitutional or illegal. Apart from just being lawful the term Bharat connects us to the roots of our country and directs us in the direction of understanding the origin and history of our country. The same history has been manipulated and erased in the Mughal and the Colonial period.

Rashtrapati Bhawan extended invites for a G-20 luncheon on September 9 on behalf of the “President of Bharat,” which gave rise to the India-Bharat dispute last month. The usage of the word Bharat in English has been condemned by opposition political parties since it has been a long-standing desire of the RSS.

The administration of Prime Minister Narendra Modi has often said that they lean towards using the term “Bharat.” In 2022, PM Modi made a number of promises to the people during his Independence Day address, one of which was to eradicate all signs of slavery. The adoption of Bharat as the new name might be seen as a symbolic move in the direction of valuing the cultural character of our country.

Conclusion:

Adopting the name Bharat instead of India for our country is a well-thought-out step taken in the positive direction, this will help the minds of the nation move past the colonial norms and practices. For the new generation, this step is crucial as it will connect them with our original roots and will help in making them keen on our rich culture and history.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by: Sushant Kumar Sharma

 

[1] Srishti Singh Sisodia, Explained | Origin of the name ‘Bharat’ – India’s past, present and future, WION (Sep 6,2023,4:30PM), https://www.wionews.com/india-news/explained-origin-of-bharat-indias-past-present-and-future-632906

[2] INDIA CONST. art. 1, cl. 1.

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Cash for query row – Mahua Moitra case and other cases in the past

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Introduction

The cash for query scandal is a grave issue that has marred the reputation of parliamentary and legislative processes in various countries. It involves the alarming practice of lawmakers accepting financial incentives in exchange for raising specific questions or issues during legislative sessions. This unethical conduct not only compromises the integrity of the political system but also erodes public trust in elected representatives. The first case involves Mahua Moitra, a Member of Parliament, who faced allegations of accepting bribes in exchange for asking questions in India’s Parliament. The second case, dating back to 2005, reveals a similar scandal where 11 Members of Parliament were caught accepting money for raising questions in the Indian Parliament.

These cases underscore the imperative need for transparency, ethical behaviour, and accountability in the functioning of legislative bodies. Furthermore, they shed light on the challenges faced by both lawmakers and society in maintaining the integrity of parliamentary proceedings. The following article examines the specifics of these cases and the implications they carry for the democratic processes they impact.

What is cash for query scandal?

A cash for query row refers to a scandal or controversy involving the exchange of money or financial incentives for parliamentary or legislative members to raise specific questions or issues during sessions or debates. In such situations, legislators are essentially accepting bribes or other financial inducements in return for using their positions to advance certain topics or concerns on behalf of individuals or organizations who have paid them. These unethical practices are generally considered a breach of trust and integrity within the legislative process and can lead to serious legal and political consequences for those involved. The term “cash for query” is often used in the context of political corruption and scandals.

Mohua Moitra Case

BJP MP Nishikant Dubey, representing the Godda constituency, sent a letter to Lok Sabha Speaker Om Birla, alleging that TMC MP Mahua Moitra had shared her official login credentials with Dubai-based businessman Darshan Hiranandani and received bribes in exchange for asking questions in Parliament related to the Adani Group and criticizing Prime Minister Narendra Modi[1]. Dubey’s claims were based on information from a Supreme Court lawyer who provided irrefutable evidence of bribes between Moitra and businessman Darshan Hiranandani, the CEO of the Hiranandani Group, a real estate conglomerate.

In his letter to the Speaker, Dubey pointed out that a significant portion of Moitra’s recent parliamentary questions, 50 out of 61, were focused on the Adani Group, a conglomerate she has frequently accused of wrongdoing. These cash-for-query allegations against TMC MP Mahua Moitra have generated significant political controversy. After multiple delays, the Lok Sabha’s Ethics Committee has summoned Moitra for a hearing on November 2. According to political experts, the committee cannot punish Ms Moitra even if it rules against her as it does not have executive powers. Its recommendation will have to go before the house, which can decide to accept or reject it. In the instance Ms Moitra is expelled from parliament, she can challenge the decision in court[2].

Moitra has acknowledged sharing her National Informatics Centre (NIC) portal login details with Hiranandani, a relatively common practice, but vehemently denies accepting money in exchange for the questions she raised in Parliament. Meanwhile, Hiranandani, who has admitted to having a close friendship with Moitra, claimed in a sworn affidavit that she made frequent demands, including luxury items, support for renovating her officially assigned bungalow in Delhi, travel expenses, and holidays. Moitra alleged that Hiranandani was coerced into signing the affidavit and has requested to cross-examine him. This controversy has attracted national attention because Mahua Moitra is considered a significant political figure who has resonated with both urban and rural voters in West Bengal, an eastern state of India.

2005 Scam

In a sting operation conducted by the online news platform Cobrapost and broadcast on a private TV channel on December 12, 2005, 11 Members of Parliament were caught accepting cash in exchange for raising questions in the Parliament[3]. In 2005, 11 MPs faced charges of accepting bribes in exchange for posing questions in Parliament. A special order was issued to frame charges of corruption and criminal conspiracy against these 11 former MPs, who were accused of taking money to ask questions in Parliament. Special Judge Poonam Chaudhry found that there was sufficient prima facie evidence to support charges of criminal conspiracy under the Indian Penal Code (IPC) and under the provisions of the Prevention of Corruption Act against these former Parliamentarians who were expelled in connection with the scandal, along with a private individual.

In January 2007, a Supreme Court ruling upheld the decision of Parliament to expel these MPs. The MPs had filed a petition challenging their expulsion, leading to a debate on whether the court could interfere in parliamentary procedures. In 2007, the Delhi High Court directed the Delhi Police to initiate legal proceedings against those involved in the offense. Two journalists from Cobrapost, Aniruddha Bahal and Suhasini Raj, were also named in the chargesheet for allegedly aiding the offense under the Prevention of Corruption Act. However, the case against them was subsequently dismissed, with the court ruling that individuals conducting sting operations could not be prosecuted[4].

Impact of cash for query scandal on democratic framework

Such scandals erode public trust in the democratic system. When elected representatives are involved in corrupt practices, it undermines the faith that citizens have in their political leaders and institutions. The credibility of lawmakers is tarnished. People expect their representatives to act in the best interests of the nation, not for personal gain. When lawmakers are seen as accepting bribes for raising questions, it damages their reputation and integrity. Corrupt practices like cash for query compromise the integrity of the legislative process. The role of lawmakers is to scrutinize government actions and policies, and when this role is influenced by monetary incentives, the effectiveness of legislative oversight is severely compromised.

Scandals of this nature often lead to calls for reform and increased transparency in the political system. This can place additional pressure on governments to strengthen anti-corruption measures and improve accountability. The media plays a crucial role in uncovering such scandals and bringing them to the public’s attention. The impact of these revelations is amplified by media coverage and investigative reporting. The scandals can spark debates on the role of the judiciary in parliamentary procedures. Questions may arise about whether the judiciary should interfere in the internal workings of the legislature, as seen in the 2005 case mentioned earlier. They can also impact party dynamics and create divisions within political parties.

In conclusion, “cash for query” scandals have a far-reaching impact on democracy, threatening its fundamental principles of accountability, transparency, and equal representation. To protect and strengthen democratic institutions, it is essential to address and prevent such corrupt practices through robust anti-corruption measures, ethical standards, and legal enforcement.

Conclusion

The scandal involving TMC MP Mahua Moitra and the allegations made against her by BJP MP Nishikant Dubey has generated significant political controversy and will be examined by the Lok Sabha’s Ethics Committee. Additionally, the 2005 cash-for-question scam exposed a similar unethical practice where 11 Members of Parliament were caught accepting cash for posing questions in the Parliament. While the cash for query scandals are instances of corruption within the legislative system, they also highlight the importance of maintaining the integrity of parliamentary proceedings and ensuring that public representatives act in the best interests of their constituents and the nation. Such scandals serve as a reminder of the need for transparency, accountability, and ethical conduct in the functioning of legislative bodies.

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Written by- Amrita Rout

[1] ‘BJP MP alleges Mahua Moitra took ‘bribes’ to ask questions in Parliament, TMC leader hits back, The Economic Times, October 16, 2023, https://economictimes.indiatimes.com/news/politics-and-nation/bjp-mp-alleges-mahua-moitra-took-bribes-to-ask-questions-in-parliament-tmc-leader-hits-back/articleshow/104446450.cms

[2] Nikhila Henry and Cherylann Mollan, ‘Mahua Moitra: The firebrand Indian MP in ‘cash-for-query’ scandal’, BBC News, 27 October, 2023, https://www.bbc.com/news/world-asia-india-67225656

[3] HT Correspondent, ‘2005 cash-for-query scam: What was the scandal for which 11 former MPs face trial?’, Hindustan Times, Dec 07, 2017, https://www.hindustantimes.com/india-news/2005-cash-for-query-scam-what-was-the-scandal-for-which-11-former-mps-face-trial/story-7cFLXU7SffoQhsxKnS2ACM.html

[4] Ibid.

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