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Adya S.
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Law
TutorMe
Question:

Is there any nexus between sustainable development, human rights, and environment?

Adya S.
Answer:

Over the past several years, concerns regarding human rights, health, and protection of the environment have increased, in response to which many countries took up the task of creating a plethora of legal instruments, specialized organs, and agencies at the global and regional levels to respond to specifically identified problems. Every year, more than two million deaths and billions of disease cases are attributed to the sole reason of pollution and environment degradation. In India, even though the Constitution and the Legislature promote and make laws to protect and improve the environment, the real scenario is not so. The government authorities, especially the municipal corporations and other state departments themselves are not serious about waste disposal. Despite being on the concurrent list, implementations of environmental laws have been very faulty. But, health remains the one subject that bridges the two fields of environment protection and human rights. At the Stockholm Conference of 1972, the members observed that: “Man is both creature and molder of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth…... Both aspects of man’s environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights even the right to life itself.” (Stockholm Declaration of the United Nations Conference on the Human Environment, 16 June 1972, U.N. Doc. A/.CONF.48/14/Rev.1 at 3 (1973))

English
TutorMe
Question:

Enter the word in brackets in the correct form: The river_____________ (flow) very quickly today, much faster than usual.

Adya S.
Answer:

The river is flowing very quickly today, much faster than usual

Criminal Justice
TutorMe
Question:

Does the Mathura Rape Case lead to any amendments to the Indian Penal Code?

Adya S.
Answer:

Yes. Following the widespread protests, the Government of India enacted the Criminal Law (Amendment) Act, 1983 which had following changes: • S. 228A - Disclosure of identity of the victim of certain offenses etc., Indian Penal Code, 1860 (substituted by Act 43 of 1983). This Section prescribes punishment for any person who prints or publishes the name or any other information related to the identity of a rape victim; unless such disclosure is with the consent of the victim or, in case the victim is dead/minor/unsound mind, by the next of kin of the victim, or by or under an order of the Court. • S. 375: Rape, Indian Penal Code, 1860(substituted by act 43 of 1983) • S. 376: Punishment for Rape, Indian Penal Code, 1860 (substituted by Act 43 of 1983) • S. 376A –Intercourse by a man with his wife during separation, Indian Penal Code, 1860 (substituted by Act 43 of 1983). This Section provides for those situations where during the period of separation, the husband and wife have intercourse. • S.376B. Intercourse by a public servant with woman in his custody, Indian Penal Code, 1860 (substituted by Act 43 of 1983). This Section separately penalizes the acts of rape by public servants. • S. 376C. Intercourse by superintendent of jail, remand home etc., Indian Penal Code, 1860 (substituted by Act 43 of 1983) • S.376D. Gang Rape, Indian Penal Code, 1860 (substituted by Act 43 of 1983) Apart from these general provisions with regard to consent, S. 114A, Evidence Act, which has been introduced in 1983, provides, a presumption as to the absence of consent in a certain prosecution for rape. After the passing of the Act, the view of the courts regarding Rape changed. The following points were now noted:  It is presumed that the rape has happened without the consent of the victim, which is to say that, the victim is not an accomplice in the offense.  The Burden of Proof on the accused. It is upon him to prove that he is innocent.  There is Presumption of Guilt, rather than of innocence.

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