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
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4. Criminal law as a tool of social
change
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Module 02
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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
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Module 03
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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
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Module 04
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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
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Module 05
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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
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Module 06
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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
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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.
