Syllabus LO 0807 Vulnerable and Disadvantaged Groups and Criminal Law

 

LO 0807 Vulnerable and Disadvantaged Groups and Criminal Law :

 

Objectives of the Course : In India there are multiple socio-economic disadvantages that members of particular groups experience. The task of identifying the vulnerable groups is not an easy one. Besides there are multiple and complex factors of vulnerability with different layers and more often than once it cannot be analyzed in isolation. In this course the vulnerable groups that face discrimination include- Women, Scheduled Castes (SC), Scheduled Tribes (ST) and Children. Since the British era, criminal law was used to eradicate social evils. The fear of punishment was a tool of social change. In post-Independence period the modern State has used criminal law to bring social change. This Course will help students to understand the role of Criminal Law in protecting the vulnerable and disadvantaged groups in India.

 

    Module 01     Introduction to Vulnerableand Disadvantage Groups :

1.     Meaning of Vulnerable and Disadvantaged groups

2.     Structural discrimination and vulnerable groups

3.     Role of law to overcome discrimination

 

	4. Criminal law as a tool of social change
Module 02	The Protection of Civil Rights Act, 1955 : 1.     Social menace of Untouchability 2.     Legislative history, objectives, definitions and scope of the Act 3.     Practices of Untouchability and Punishments 4.     Presumption of courts in some cases 5.     Power of court to impose collective fine 6.     Non application of Probation of offenders Act
Module 03	The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 : 1.     Legislative history, objectives, definitions and scope of the Act 2.     Defining Atrocity against Scheduled Caste and Scheduled Tribes 3.     Offences of Atrocities and punishments 4.     Externment procedure 5.     Collective Fine 6.     Special Courts and Special Prosecutor 7.     Presumption by courts in certain cases 8.     Precautionary and Preventive measures under the Rules of 1995 9.     Non application Anticipatory Bail and Probation of Offenders Act 10.  Investigation and supervision 11.  Personnel under the Act and their duties
Module 04	The Dowry Prohibition Act, 1961 : 1.     Dowry a social menace 2.     Legislative history, objectives, definitions and scope of the Act 3.     Definition of Dowry  4.     Penalty for giving and taking dowry 5.     Dowry for benefit of wife or her heirs 6.     Change in procedural law and Evidence Law 7.     Dowry Prohibition officers
Module 05	The Protection of Children from Sexual Offences (POCSO) Act, 2012 : 1.     Legislative history, Objective, definitions and Scope of the Act 2.     Sexual offences against children 3.     Using child for pornographic purpose 4.     Abetment of an attempt to commit an offence 5.     Procedure for reporting of cases 6.     Procedure for recording statement of the child 7.     Special courts: Procedure and powers of special courts and recording of evidence 8.     Punishments under the Act
Module 06	The Immoral Traffic (Prevention) Act, 1956 : 1.     Legislative history, Object, definitions and reasons of the Act 2.     Social Landscape of Prostitution 3.     Prostitute – Vaguely defined under the Act

4.     Protection of Morals and Places of Residence

5.     Ponce or Poncing under the Act

6.     Corrective Institutions and Protective Homes

7.     Personnel under the Act

Module 07     ThePre-Conception and Prenatal Diagnostic Techniques (Prohibition of SexSelection) Act, 1994 :

1.     Legislative History, Object and Reasons, and Definitions under the Act

2.     Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics 

3.     Regulation of pre-natal diagnostic techniques 

4.     Written consent of pregnant woman and prohibition of communicating the sex of foetus

5.     Prohibition of Determination

6.     Constitution, Tenure, Meetings, Vacancies, Authentication of orders, Disqualifications, and Functions of Central Supervisory Board

7.     Appropriate Authority and Advisory Committee

8.     Registration of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics

9.     Offences and Penalties

10.  Maintenance of records and Power to search and seize records

 

Recommended Reading :

1.     P.S. Narayana, Commentary on the Protection of Children from Sexual Offences Act, 2002 and Rules, Universal Law Publishing, New Delhi.

2.     B. R. Beotra’s the Immoral Traffic (Prevention) Act, 1956 (With State Rules), The Law Book Company (p) Ltd, Allahabad.

3.     Laita Dhar Parihar, Women & Law from Impoverishment to Empowerment- A Critique, Eastern Book Company, Lucknow.

4.     B.P. Beri, Commentaries on the Dowry Prohibition Act, 1961, Eastern Book Company.

5.     The Dowry Prohibition Act, 1961, by SCC Editorial, Eastern Book Company.

6.     Smita Narula, Broken People : Caste violence against India’s Untouchables, Human Rights Watch.

7.     K.B Saxena, Report on Prevention of Atrocities against Scheduled Castes, National Human Rights Commission, 2002.