(Internship Report) Milan Makwana Final
(Internship Report) Milan Makwana Final
(Internship Report) Milan Makwana Final
Acknowledgement
First, I would like to thank President Nelshan Sutariya of Nachiket Seva Mandal for giving me
the opportunity to do an internship within the organisation.
I sincerely appreciate President Nelshan Sutariya's inspirational leadership and direction during
my internship. His unwavering dedication to giving back to the community has inspired me and
strengthened my desire to have a positive impact on society.
I would like to thank my mentors and advisors during this internship for providing me with
valuable insights and guidance that helped me to navigate my tasks and responsibilities. And
their wisdom and expertise helped me to grow as a professional. I am thankful for their time and
support, and for sharing their valuable insights with me
Finally, I would like to express my special thanks to all the people that worked along with me in
Nachiket Seva Mandal with their patience and openness they created an enjoyable working
environment.
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INDEX
CONCLUSION…………………………………………………………………………………37
~3~
Nachiket Seva Mandal is devoted to uplifting underprivileged people and bringing about
constructive change. The organisation works to ensure that everyone has the same chances by
tackling the special challenges encountered by women, children, and those who are economically
challenged.
Nachiket Seva Mandal persistently promotes awareness of important social issues and fights for
the rights of those who are frequently disregarded through a variety of noteworthy activities. To
provide long-lasting solutions, the organisation actively interacts with regional communities,
governmental agencies, and other non-profit organisations.
In order to uplift and promote self-sufficiency in those who are economically challenged,
Nachiket Seva Mandal gives access to education, healthcare, career development, and
employment possibilities. The group is also committed to encouraging the inclusion and
empowerment of people with disabilities and making sure they have equal access to
opportunities, resources, and assistance.
Nachiket Seva Mandal passionately believes that promoting social welfare is a shared
responsibility and encourages everyone to work together to build a society that is more fair and
caring. Nachiket Seva Mandal keeps improving the lives of those in need with a goal of creating
a world where everyone may live with dignity and fulfilment.
~4~
(1) To make education more accessible and simple, and to aid in the establishment of institutions
for pre-primary, primary-secondary, technical education, college, etc.
(2) Providing special educational opportunities for girls and kids with physical and mental
challenges.
(3) Engage in actions to promote women's awareness.
(4) Contribute to the intellectual growth of women and children as well as provide information
and knowledge about simple ways to avoid social situations.
(5)Centres for child welfare, facilities for women's training, public awareness campaigns, and
adult education
sports programmes, environmental preservation initiatives, tree-planting campaigns, and any
other development initiatives for the underprivileged and backward rural population.
(6)To eradicate pervasive superstitions, corrupt societal norms, and to raise public knowledge of
child marriage and dowry abolition.
(7)To raise the awareness of other such Human Rights in society and assist in exercising of the
same
~5~
Schedule
1st May 2023
We interns were able to take the first day off and simultaneously prepare for the organization's
actual projects that would begin on May 3rd, which would involve preparing to raise awareness
of legal protections for children among rural youth and children thanks to prior communication
that had been established with the NGO's president.
Our cooperation was required in accordance with the instructions, thus the President was
looking for a relatively strong preparation.
On the 2nd May, In the morning we interns had a brief introduction session with President and
rest of the members,
President and other members were briefly introduced before we began. Later, the President
provided us with the location and time for the awareness campaign. Our day was shortened to as
time to plan the awareness campaign and get enough rest for the next day.
On this day, we had a child protection awareness campaign in Suklatirth Village, located in the
Bharuch district.
The objective of the Child Protection Awareness Campaign conducted was to raise awareness
about child protection laws in India.
We concentrated on promoting:
~6~
We wanted to give people and communities the information and resources they needed to
actively contribute to the protection and well-being of children.
Events:
1) POCSO Act
First we started the day with an informative session on POCSO Act 2012,
We conducted interactive presentations and discussions to educate locals about various forms of
sexual abuse against children, including assault, harassment, and exploitation
And we educate children that If they face any of this things Please inform directly to their
parents or any trusting adult, After that we have an brief session with the parents, about when
they can detect if there is anything unusual going on with their child,
It might be possible that they are not going to tell you anything about the sexual abuse, but you
can get alert if you see some behaviours which they do not do in general:
~7~
The people of the village have were made aware of the severe penalties for offenders and the
establishment of special courts for immediate justice.
At the end of the session we distribute informational brochures summarizing the major aspects of
the act
In the afternoon session our team focused on raising awareness about the Prohibition of Child
Marriage Act, 2006.
Locals learned about the minimum age for marriage, which is 18 for girl and 21 for boy.
We discussed the consequences of child marriage with the locals that how Child marriage denies
children their basic rights to good health,nutrition, education, and freedom from violence,abuse
and exploitation.
~8~
Our team shared the statistics that More than half of the women in India are married before the
legal minimum age of 18. By contrast, men in the same age group get married at a median age of
23 years. Sixteen percent of men aged 20-49 are married by age 18 and 28 percent by age 20.
The last session of the day was about the Juvenile Justice Care and Protection of Children) Act
2015
This is an act relating to children who are alleged and found to be in conflict with law and
children in need of care and protection.
The main goal of this act is to maintain the public safety and develop skillsin the children
and to revive them from the offence committed and to motivate them to become good
humans and join the society.
We discussed the establishment of special juvenile justice boards and child welfare
committees, Any child in and with conflict law is produced before JJB with in 24 hours
of custody. JJB further does enquiry of the case and takes the decision in best interest of
the Child.
The session highlighted the importance of rehabilitation and reintegration for children in
conflict with the law
Our team started the key principles of the act and it's provisions and how to safeguard the rights
of children in conflict with the law
All human beings shall be treated with equal dignity and rights. This principle mandates the
agencies involved in the JJ Act are to treat the child with dignity and worth and not to label,
stigmatize or discriminate the child.
We engagedn with locals in role-playing exercises and group discussions to explore effective
rehabilitation and reintegration strategies for children in conflict with the law
After some break In the afternoon session special care was given to effective reporting
mechanisms, support systems for victims, and building partnerships with local authorities and
organizations working in child protectAlso given and brief introduction of the juvenile justice
court's
Conclusion: The Child Protection Awareness Campaign made significant progress in raising
awareness about child protection laws in India.
After the campaign the locals became better aware of the children's rights, which help them in
preventing various forms of abuse, exploitation, and harmful practices against children.
~ 10 ~
Our team has arrived to Nikora village in Bharuch district for the awareness campaign
The child awareness campaign took place over the course of two days, with the first days session
aimed at empowering individuals and communities to take proactive measures to protect
Childers rights and focusing on raising locals awareness of f child protection laws and practices
Events:
Protection of Children from Sexual Offences (POCSO) Act was the main topic of discussion
during the morning session. The team explained the provisions of the Act in great detail and
emphasised the importance of early reporting and aiding victims. The local population learned
crucial information about preventing child sexual abuse through engaging presentations and
debates.
In the afternoon session, the 2006 Prohibition of Child Marriage Act took centre stage. In order
to examine the negative effects of child marriage and the legislative safeguards in place to
prevent it, case studies and group exercises were employed. Locals actively participated in
discussions and came up with ideas for ways to stop this destructive practise and shield kids from
the effects of early marriage.
~ 11 ~
Events:
The second day of the campaign concentrated on community involvement and practical skills to
effectively handle child safety issues. The purpose was to give residents the skills and knowledge
they would need to make their community a safe place for kids.
The afternoon session included interactive workshops created to give residents the tools they
need to recognise and handle child protection situations in their neighbourhoods. Effective
reporting procedures, creating victim support networks, and forming alliances with regional
authorities and organisations that are concerned with child protection were just a few of the
issues covered. Through these sessions, residents acquired useful skills and knowledge that they
may use to actively contribute to establishing a secure environment for kids.
In conclusion,
The two-day Child Protection Awareness Campaign was successful in raising awareness and
educating the community with the information and abilities required to safeguard children's
rights. The movement aimed to stop many types of abuse, exploitation, and harmful practises
through empowering people and communities. The campaign successfully contributed to the
community's efforts to ensure the safety and well-being of children through professional insights,
engaging workshops, and cooperative efforts.
Our team has organised an awareness campaign in the village mangleshwar for the next two days
12 - 13 May
An awareness session was held on the first day to give an outline of the major laws and their
importance in defending women's rights. On the workshop schedule were:
The second day was dedicated to interactive seminars that addressed specific women's rights
issues and community engagement. The following were the activities:
Q&A Session and Counselling: A special session gave locals the chance to ask questions, tell
their own stories, and get advice on the proper legal steps to take, how to file reports, and what
support services are available. There were counsellors on hand to offer guidance and emotional
support.
The awareness campaign's goals were successfully met by:
educating the community about the main clauses of the mentioned laws.
empowering females to be aware of their rights and take action when they are being
violated.
encouraging participation and support from the community to make the environment for
women safer.
The campaign's second day, which included an awareness drive and interactive events, was
effective and fun. By including significant sections from the laws, the street play strongly
highlighted the harmful effects of dowry, sexual harassment, domestic abuse, and objectification
of women. The panel discussion helped people understand the Indecent Representation of
Women (Prohibition) Act of 1986 and the Maternity Benefit Act of 1961 even better. The
occasion promoted local participation and inspired people to actively support and promote
women's rights.
~ 14 ~
Overall, the two-day campaign was successful in spreading knowledge about important laws and
providing participants with the information and tools they needed to address gender-based
challenges. The campaign highlighted the significance of advancing gender equality and
women's rights through legal education and community involvement.
Gaining knowledge of Indian environmental regulations and how they apply to agricultural
settings with a focus on sustainable practises and conservation is the objective.
The purpose of the field trip was to educate people about how Indian environmental rules are put
into practise in agricultural settings. Students, researchers, and professionals with an interest in
understanding how agricultural and environmental sustainability are related were amongst the
participants.
Events:
After that we had an discussion about water conservation with the locals
Conclusion:
The field trip gave us important new perspectives on how Indian environmental rules are used in
agricultural settings. Participants interacted with farmers and subject matter experts while
witnessing sustainable practises.
The participants developed a stronger sense of responsibility for sustainable practises as a result
of this practical experience, which helped participants better appreciate the significance of
environmental compliance and conservation in agriculture.
We are told to present relevant landmarks judgements and Cases, Related to the topics we have
covered in our Child Protection and Awareness Campaign on 3rd and 4th May
The Bombay High Court's Nagpur Bench ruled that grabbing a child's breasts without making
"skin-to-skin contact" constitutes molestation under the POCSO Act, 2021. The Attorney
General of India, the National Commission for Women, and the State of Maharashtra filed
appeals against the High Court's decision. The Apex Court observed that the High Court's
~ 17 ~
interpretation of the law restricts the implementation the legislation and seeks to pervert its
objective.
The Supreme Court of India while deciding the case of Jarnail Singh v. State of Haryana (2013)
has observed that the procedure which is used to determine the age of a child who is in conflict
with law as have been provided by the Juvenile Justice (Care and Protection of Children) Rules,
2007, can be followed in cases falling under POCSO Act, 2012 as well. In the present case, the
appellant was accused of kidnapping and raping the daughter of one Savitri Devi, when her
daughter was sleeping. The Apex Court observed that Rule 12 of the erstwhile Juvenile Justice
(Care and Protection of Children) Rules, 2007, which detailed the age determination process for
children in conflict with the law should be applied to determine the age of a child victim.
Applying the same, the Court convicted the appellant, Jarnail Singh.
The Supreme Court of India established guidelines to be followed by Special Courts when trying
a case under the POCSO Act, 2012 in Alakh Alok Srivastava v. Union of India and Others
(2018). These guidelines ensure that the trial is concluded within a year of the date of taking
cognizance of the offence, as required by Section 35 of the aforementioned Act.
Supreme Court of India has laid down guidelines for Special Courts to follow when trying cases
under the POCSO Act, 2012, such as ensuring that cases are heard and decided by Special Courts
and that the presiding officials are trained in child protection and psychological reaction. The
High Courts have been asked to form a three-judge committee to control and supervise the
progress of the cases, and a Special Task Force will be formed by the Director-General of Police
or a State authority of comparable rank to ensure the investigation is properly handled and
witnesses are presented on the dates set before the trial courts
~ 18 ~
The Delhi High Court recently stated that the Protection of Children from Sexual Offenses
(POCSO) Act, 2012 is silent on whether two separate incidents can be combined in a single FIR.
Justice Manoj Kumar Ohri made the remark while dismissing petitions challenging the summons
and charge sheets issued by a special POCSO court in connection with an incident in which a
youngster was raped by a superior. The summoning orders were upheld and the petitions were
dismissed.
The Bombay High Court ruled that the child victim's evidence
cannot be disregarded due to her young age. The appellant's conviction and sentence was
maintainable, with a fine of Rs.5,000/- and further rigorous imprisonment for 3 months quashed
and set aside.
The Delhi High court held that the PCMA prevails over personal laws.
The court found that Ms. Meera was a minor when she gave her consent to travel with and marry
the accused, and this was supported by the evidence. However, she is currently 17 years old, and
analysis indicates that this marriage is voidable. When she reaches the age of majority, she will
have the option to assert her rights under the 2006 law prohibiting child marriage.
~ 19 ~
In the landmark judgement; the Supreme Court of India on 11th October 2017 ruled that sexual
intercourse or sexual acts by a man with his minor wife would amount to rape for the purposes of
Section 375 of the Indian Penal Code, 1860. The Court has read down Exception 2 to Section
375 which reads Sexual intercourse or sexual acts by a man with his own wife, the wife not
being below 15 years of age, is not rape to hold that sexual activity with a minor would
constitute rape and the exception will not be applicable in cases where the wife is between the
ages of 15-18.
The only consequence of child marriage is that persons concerned are liable for the punishment
under sec 18 of HMA, 1955, and a decree of divorce is liable to be given to the parties, if they
wish so.
Section 9 of the Child Marriage Restraint Act of 1929, which states that no court shall take
cognizance of any infraction under the Act after the passage of one year from the day the offence
is alleged to have been committed, was the topic of the court's attention. The three-judge bench
ruled that due to a bar under Section 9 of the Child Marriage Restraint Act of 1929, the
magistrate was ineligible to take cognizance in the matter at hand because it had been more than
a year since the violation was committed.
Thus, there appeared to be disagreement over the issue of whether the relevant date for
computing the statute of limitations under Section 468 of the Criminal Procedure Code in
relation to a criminal complaint is the date of filing the complaint, the date of institution of the
prosecution, or the date on which the jughe takes consideration.
~ 20 ~
In this case the Supreme Court ordered the release of juvenile undertrial prisoners. The
judgement also highlighted that the jail authorities shall not accept the age of the juvenile until
and unless the age is specifically mentioned in the documents supporting detention.
2) Jayendra v. State of UP
where the order of the High Court sending a child to imprisonment for committing an offence
was challenged before the Supreme Court. The Supreme Court called for the report by the
medical in charge of the jail to determine the age of the child and it was found that the age of the
child at the time of committing an offence was 16 years and 4 months and the sentence for
imprisonment was quashed and the convict was released immediately.
3) Munna v. State of UP
The apex court released certain directions regarding children in prisons. The supreme Court held
that even if a child is found to be guilty of an offence, he should not be mistreated. They should
not lock-up their fundamental rights when they enter in jail.
The Supreme Court held that the age of the boy or girl has to be determined at the time of the
happening of an offence, whereas the court overruled this judgment in Arnit Das v. State of
Bihar, in this case, R.C Lahoti, J. reminds that it is pertinent to note that neither the definition of
juvenile, nor any other provision contained in the Act specifically provides the date by reference
to which the age of a boy or a girl has to be determined so as to find out whether he or she is a
~ 21 ~
juvenile or not. Here the Supreme Court held that the age of the boy or girl has to be determined
at the time when they are bought before the competent authority. The rationale behind this
judgment is the apex court has identified the problem that many children have been lodged in
adult jails because they have no evidence to proof their age.
(Employment discrimination)
The Cine Costume Make-up Artists and Hair Dressers Association of Mumbai (Association) was
registered as a trade union under the Trade Unions Act, 1926. The Association’s by-laws
prohibited qualified women make-up artists from becoming members of the Association based
solely on their sex. Ms. Charu Khurana, a women make-up artist whose application for
membership to the Association was rejected, challenged this prohibition on the grounds that it
violated several rights under the Indian Constitution, including her rights to equality, to
employment, and to a livelihood. Noting that gender justice is integral to the Indian Constitution,
the Supreme Court struck down the Association’s by-laws as violating Articles 14, 15 and 21.
Although the Court acknowledged that fundamental rights in India are enforceable only against
the State and its authorities and not against purely private individuals or organizations, it found at
the same time that a clause in the by-laws of a trade union registered under the Trade Unions
Act, 1926, which is accepted by the Registrar of Trade Union a State authority under the Trade
Unions Act cannot violate the Indian Constitution.
~ 22 ~
Ms. Indra Sarma, an unmarried woman, left her job and began a “live-in” relationship with Mr.
V.K.V. Sarma for a period as long as 18 years, despite knowing that he was married. Mr. Sarma
abandoned Ms. Sarma in a state where she could not maintain herself. Under the Protection of
Women from Domestic Violence Act, 2005, failure to maintain a woman involved in a
“domestic relationship” amounts to “domestic violence.” Two lower courts held that Mr. V.K.V.
committed domestic violence by not maintaining Ms. Sarma, and directed Mr. Sarma to pay a
maintenance amount of Rs.18,000 per month. Thereafter, on appeal, the High Court of Karnataka
set aside the orders of the lower courts on the ground that Ms. Sarma was aware that Mr. Sarma
was married and thus her relationship with him would fall outside the protected ambit of
“relationship in the nature of marriage” under the Protection of Women from Domestic Violence
Act, 2005. On further appeal, the Supreme Court, while affirming the High Court’s order,
created an exception to the general rule. The Supreme Court clarified that a woman who begins
to live with a man who is already married to someone else, without knowing that he is married,
will still be considered to be in a “domestic relationship” under the Protection of Women from
Domestic Violence Act, 2005; thus, the man’s failure to maintain her will amount to “domestic
violence” within the meaning of the Act and she will be eligible to claim reliefs such as
maintenance and compensation. This case is important because it established for the first time
such an exception and calls for legislative action to protect women like Ms. Sarma whose
contributions in a joint household are often overlooked.
~ 23 ~
Gender discrimination
Ms. Githa Hariharan was married to Dr. Mohan Ram and they had a son named Rishab. She
applied to the Reserve Bank of India (RBI) for bonds to be held in the name of their minor son
Rishab and had signed off as his guardian. The RBI sent back the application to her advising her
to either produce the application signed by the father of Rishab or produce a certificate of
guardianship from a competent authority in her favor. RBI was of the opinion that Dr. Mohan
was the natural guardian of Rishab on the basis of Section 6(a) of the Hindu Minority and
Guardianship Act, 1956 (HMGA). That provision stated that the father is the natural guardian of
a Hindu minor child and the mother is the guardian “after” the father. Ms. Hariharan challenged
the constitutional validity of this provision in the Supreme Court on grounds that it violated the
right to equality guaranteed under Articles 14 and 15 of the Indian Constitution. The Supreme
Court, relying on gender equality principles enshrined in the Indian Constitution, CEDAW and
UDHR, widely interpreted the word “after” in the provision and upheld the constitutional
validity of Section 6(a) HMGA, 1956. It held that both the father and mother are natural
guardians of a minor Hindu child, and the mother cannot be said to be natural guardian only after
the death of the father as that would not only be discriminatory but also against the welfare of the
child, which is legislative intent of HMGA, 1956. This case is important because it established
for the first time that a natural guardian referred to in the HMGA, 1956 can be a father or a
mother: whoever is capable of and available for taking care of the child and is deeply interested
in the welfare of the child, and that need not necessarily be the father.
Vimmi Joshi was the principal of a public school who alleged her superior had sent her love
letters and made sexual advances towards her. She brought a complaint to the School Managing
Committee and was asked to bring the complaint in writing. Subsequently, the Committee
received two anonymous complaints against Joshi and her employment was terminated. She
challenged the termination claiming sexual harassment. The High Court held that this was a clear
case of sexual harassment and ordered disciplinary actions to be taken. The Supreme Court
reversed and remanded the High Court’s decision because the Supreme Court had previously laid
out guidelines for sexual harassment complaints in Vishaka v. State of Rajasthan; a complaint
committee must have been formed to inquire into the complaint further. The Supreme Court held
that since the High Court did not fully look into the matter, they could not have found that this
was a clear-cut case of sexual harassment. The High Court was directed to appoint a three-
member committee, which must be headed by a woman, to hear the case.
Dowry-related violence
Shortly after a couple wed, the husband and his relatives began treating the wife poorly and
demanded dowry from her. The husband and his brother later strangled her with rope and his
sisters held the wife’s arms. This led to her death. All of the accused were convicted and
sentenced under Sections 302 and 498(a) of the Indian Penal Code. The aunt of the husband was
also convicted and sentenced under 498(a) for alleged dowry-related cruelty, which can lead to a
sentence of up to three years imprisonment. The aunt appealed her conviction, claiming that if
she had been cruel it bore no relation to dowry. The High Court upheld the conviction, yet the
Supreme Court reversed. The Supreme Court held that the purpose of Section 498(a) was to
combat dowry-related death and cruelty. Because there was no evidence that the aunt had ever
made a demand for dowry, rendering her conviction under Section 498 improper.
~ 25 ~
Dowry-related violence
A new bride was threatened by her in-laws if her family did not provide a greater dowry. When
local villagers protested these threats, the husband’s family killed his new bride by burning her
with kerosene. The main issue of the case was to determine how the elements of dowry-death
should be proven at trial under amended Indian Penal Code. The trial court acquitted the
defendant of dowry-death in taking a narrow statutory view. The Supreme Court reversed,
holding that a death shall be called dowry-death when a woman dies from burns or bodily injury
that would not occur under normal circumstances within seven years of marriage. The Court
added it should be in consideration that soon before her death the woman was subject to
harassment by her husband or any relative of his or in connection with any demand for dowry.
Shifting this burden to the husband’s family and broadening the scope of dowry death provides
prosecutors with more powerful tools to convict for dowry-death and is meant to curb the recent
rise in dowry-related violence.
On this day, we reviewed the Environment protection Act Landmark Judgments in India.
1) M.C. Mehta and Anr. Etc vs. Union Of India and Ors Etc. (1986)
Discusses the concept of Public Liability. This case is also known as Oleum Leakage Case. It is a
landmark judgment in which the principle of Absolute Liability was laid down by the Supreme
~ 26 ~
Court of India. The Court held that the permission for carrying out any hazardous industry very
close to the human habitation could not be given and the industry was relocated.
The instant case evolved the “Deep Pocket Principle”. This judgment guided the Parliament to
add a new chapter to the Factory Act, 1948. The Public Liability Act was passed and the policy
for the Abatement of Pollution Control was also established.
Sustainable Development
It was stated that the permanent assets of mankind are not to be exhausted in one generation. The
natural resources should be used with requisite attention and care so that ecology and
environment may not be affected in any serious way.
Water Pollution
The writ petition filed by the activist advocate M.C. Mehta in the Supreme Court highlighted the
pollution of the Ganga river by the hazardous industries located on its banks.
Justice ES Venkataramiah gave a historic judgement in “M.C. Mehta vs. Union of India.
Ordering the closure of a number of polluting tanneries near Kanpur.
~ 27 ~
In this judgment it was observed that just like an industry which cannot pay minimum wages to
its workers cannot be allowed to exist, a tannery which cannot setup a primary treatment plant
cannot be permitted to continue to be in existence.
In 1996, the Supreme Court passed a judgment that would hold the State more responsible for
maintaining natural resources.
The Right to Pollution Free Environment was declared to be a part of Right to Life under Article
21 of the Constitution of India in the case of “Subhash Kumar vs. State of Bihar and Ors.
(1991)”. Right to Life is a Fundamental Right which includes the Right of enjoyment of
pollution free water and air for full enjoyment of life.
The Supreme court ordered the Cinema theatres all over the country to exhibit two slides free of
cost on environment in each show. Their licenses will be cancelled if they fail to do so. The
Television network in the country will give 5 to 7 minutes to televise programmes on
environment apart from giving a regular weekly programme on environment.
Environment has become a compulsory subject up to 12th standard from academic session 1992
and University Grants Commission will also introduce this subject in higher classes in different
Universities.
7) M.C Mehta V. Union of India
~ 28 ~
Air Pollution
The pride of India and one of the wonders of the world i.e., Taj Mahal, was facing threat due to
high toxic emissions from Mathura Refineries, Iron Foundries, Glass and other chemical
industries. The acid rain was a serious threat to the Taj Mahal an 255 other historic monuments
within the Taj Trapezium.
The Apex Court in M.C. Mehta vs. Union of India (Taj Trapezium Case) delivered its historic
judgment in 1996 giving various directions including banning the use of coal and cake and
directing the industries to Compressed Natural Gas (CNG).
Air Pollution
On December 3 1984, more than 40 tons of methyl isocyanate gas leaked from a pesticide plant
in Bhopal, India, immediately killing at least 3,800 people and causing significant morbidity and
premature death for many thousands more.
The Supreme Court Dismissed the Centre's 2010 curative petition that sought additional
compensation of more than Rs 7,000 crore from the Union Carbide Corporation (UCC) for
victims of 1984 Bhopal gas tragedy, which had left nearly 3,000 people dead and lakhs affected.
On this day, we viewed proceedings of the case Supriyo v. (Union of India) on YouTube.
The case, which occurred in 2023, involved critical legal issues with ramifications for political
responsibility and constitutional rights. This report tries to provide a summary of the
proceedings, significant arguments made, and tenor of the courtroom.
~ 29 ~
The YouTube proceedings of Supriyo v. UOI provided a opportunity to observe and analyze the
courtroom dynamics and gain insights into the arguments presented by the legal counsels. The
Chief Justice of India presiding over the bench and other esteemed judges actively engaged with
both counsels, demonstrating their legal acumen and knowledge of constitutional principles.
On the last working day of our internship,We discussed some of the most important rulings on
LGBTQIA that affected many people's lives
Since 2010, the past ten years have been characterised as the decade of LGBTQIA rights.
LGBTQIA people have become more visible in society and in the courts, where they have been
requesting and demanding rights. In India, there have been decisions that have opened the road
for LGBT rights. The judiciary, including the High Courts and the Supreme Court, has been open
to the concerns put out by NGO groups made up of LGBTQIA people and their sympathisers.
This led to a number of important rulings over the past ten years, which culminated in the
reading down of Section 377. The courts nevertheless uphold rights in the post-377 judicial
environment, particularly in the area of transgender rights.
Let's take a look at some of the rulings that have helped to uphold and perhaps change the
conversation in India about LGBT rights.
Asserting that Section 377 of the Indian Penal Code is unconstitutional, Naz, a Delhi-based
NGO, filed a Public Interest Litigation (PIL) with the Delhi High Court. They have been leading
the charge for decriminalisation. They were successful in having Section 377, which contradicts
Articles 14, 15, and 16 of the Indian Constitution, declared illegal by the courts in 2009.
~ 30 ~
Due to the Supreme Court of India's decision in Suresh Kumar Koushal v. Union of India, which
reinstated the criminalization of homosexuality, 2013 was a particularly dark year for LGBTQIA
rights in India in general and for LGBTQIA rights in particular. Because of the Supreme Court's
NALSA verdict in National Legal Services Authority v. Union of India, the darkness was only
temporary.
For the first time in legal history, transgender persons were acknowledged as citizens of this
nation, granted access to all Fundamental Rights, and given the Third Gender identity. This case
is still seen as a turning point for transgender rights in this nation.
Every person, regardless of gender and sex, was likewise given the right to privacy. Members of
the LGBTQIA community are given autonomy and safety from state intervention when
exercising their right to pick their partners thanks to the recognition of privacy as an intrinsic
right. Thus, this ruling and the NALSA judgement served as the foundation for the reading down
of Section 377 in 2018.
The landmark decision that decriminalised homosexuality in India. Multiple Public Interest
Litigations brought by various LGBTQiA community organisations contributed to the Supreme
Court of India's decision, which was made as a result.
The Bench overturned Section 377 because as it made sexual activity between two consenting
adults illegal. The Court affirmed the clause that makes non-consensual actions with kids or
animals illegal. Additionally, the Supreme Court ruled that Section 377 breaches Articles 14, 15,
16, and 19 1(a) of the Indian Constitution. It acknowledged that everyone has the right to live
with dignity, regardless of their gender identity or sexual orientation.
In the Madras High Court's decision in Arun Kumar v. Inspector General of Registration, Tamil
Nadu, transwomen are now included in the definition of brides. Only men and women are
included in the definition of marriage under the Hindu Marriage Act of 1955. This ruling
broadens the definition of women to encompass transgender individuals who wish to marry and
identify as women.
It adopts the NALSA ruling's self-identification clause, which states that anyone may self-
identify as any gender identity without the necessity for the government or any other outside
agency to provide proof for them. This section has evolved to state that anyone has the
constitutional right to identify as a transwoman.
This establishes the groundwork for marriages within the LGBTQiA community, among many
other cases, thereby broadening the freedom to marry.
It was planned to hold a farewell ceremony on this day because the internship was about to end.
The occasion included a formal appreciation ceremony during which the President recognised
our accomplishments and gave us completion certificates. Being appreciated for our effort and
commitment made us all feel proud.
The farewell celebration was, all in all, a memorable and significant experience for us as interns.
It gave us the chance to pause, give thanks, and bid farewell to the fantastic group of people we
had the luxury of working with.
The POCSO Act in India was created to safeguard kids from sexual offences. This study offers a
brief description of the law, concentrating on its history, goals, provisions, application, and
impact.
The POCSO Act aims to combat the widespread child sexual abuse in India. Its main goal is to
create a system that is kid-friendly for the protection, care, and rehabilitation of young victims of
sexual crimes.
Important measures:
The legislation includes measures for victim rehabilitation, the creation of Special Courts,
procedures for reporting offences and conducting investigations, privacy protection for child
victims, severe penalties for criminals, and specific definitions of sexual offences against
children.
Coordination between the judiciary, child welfare organisations, and law enforcement is
necessary for effective implementation. There are difficulties, but programmes to create capacity
and raise awareness aim to improve implementation.
The legislation has substantial effects, such as greater reporting of offences, quicker trials,
enhanced victim support, and a safer environment for kids. It combats societal stigma while
acting as a deterrent.
In India, the POCSO Act is extremely important in defending minors against sexual crimes. Its
history, goals, clauses, difficulties in implementation, and effects are highlighted in this analysis.
The implementation must be strengthened in order to guarantee the complete protection and
rehabilitation of the child victims.
2) Prohibition of child marriage act
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The Act’s main goal is to forbid underage marriages from taking place. This Act is equipped
with enabling measures that will make child marriage illegal, offer victims’ rights protection, and
strengthen penalties for those who aid, abet, promote, or solemnize such weddings.
The legislation establishes a minimum age for marriage, defines child marriage, declares child
marriages voidable, forbids their solemnization, and requires the appointment of Child Marriage
Prohibition Officers. To stop child marriages, it places a strong emphasis on awareness and
education.
Implementation and Enforcement of this act between cooperation, government organisations, law
enforcement officials, non-profit organisations, and local leaders is essential for effective
implementation. While there are difficulties, efforts have been made to spread awareness, carry
out rescue missions, and bring offenders to justice
A decrease in child marriages, better educational opportunities, better health outcomes, and the
empowerment of girls are just a few of the key implications and impacts of the act. It helps to
lessen gender gaps and advance the country's overall growth.
The act deals with the common dowry issue in India. Its goal is to restrict the payment of
dowries, as well as solve the resulting social problems and gender-based violence.
The law makes it illegal to exchange dowries before, during, or after marriage and punishes
offenders. In order to execute the law, it also requires the appointment of Dowry Prohibition
Officers.
The act has important impacts, such as shifting societal attitudes, empowering women, and
lessening violence associated with dowries. It prevents financial abuse of women and advances
gender equality by acting as a disincentive.
Aiming to stop and address sexual harassment in the workplace, the Sexual Harassment of
Women at Workplace Act in India. With a focus on the background, goals, provisions,
application, and impact of the act, this study offers an brief description of it.
The act deals with the common problem of workplace sexual harassment. Its goal is to ensure
women's right to a dignified workplace by establishing a culture of safety and respect.
The act has major implications such as raising awareness, empowering women to report
instances, and promoting an environment of equality and respect at work. It encourages a
beneficial and welcoming workplace.
To address and safeguard women from domestic violence, India has passed the Protection of
Women from Domestic Violence Act. This study offers an brief description of the legislation
that covers its history, goals, provisions, application, and impact.
The law tackles domestic abuse of women in India and offers them protection, support, and legal
options.
Law enforcement organisations, NGOs, and support services must all work together for
implementation to be successful. Resources, education, and awareness are given first priority.
The law encourages domestic violence reporting, improves access to support resources, and
empowers women. It is essential for making the environment safer.
India's Environmental Protection Act seeks to protect the environment. This study offers a quick
summary of the law, concentrating on its history, goals, provisions, application.
The act addresses India's need for environmental protection. It seeks to preserve the
environment, reduce pollution, and support sustainable growth.
Cooperation between government organisations, businesses, and the general public is essential
for effective application of this act . There are initiatives to promote sustainable practises,
enforce compliance, and raise awareness.
An important provision of this act Is to controls environmental quality, pollution prevention, the
management of dangerous substances, and the preservation of natural resources. Institutions for
oversight and enforcement are established.
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Conclusion
This internship was a fantastic and fulfilling experience. I can say with certainty that I have
learned a great deal from my work at Nachiket Seva Mandal, and while the technical aspects of
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my work are undoubtedly imperfect and could be improved, I think the time I invested in reading
various case studies and researching various laws helped me learn a great deal, so it was well
worth it.
Working in an NGO like this helps me become a better person because I get to learn how to
work in a team by participating in various awareness campaigns. I also get to interact with the
locals and gain an understanding of the challenges they experience in real life.