Decriminalization refers to the legislative process where certain mandatory criminal sanctions are removed to decrease harm. The main objective is to divert resources invested in monitoring minor and non-violent crimes to major serious cases. However, it does not mean pardoning petty criminals but pRead more
Decriminalization refers to the legislative process where certain mandatory criminal sanctions are removed to decrease harm. The main objective is to divert resources invested in monitoring minor and non-violent crimes to major serious cases. However, it does not mean pardoning petty criminals but promoting access to education, harm reduction, and treatment services.
- Reduced Compliance Burden: The Jan Vishwas Bill has decriminalized over 180 provisions in 42 central laws, which reduced the compliance burden and promoted ease of doing business.
- Increased Focus on Rehabilitation: This approach has been adopted in countries like Portugal, which has led to better public health outcomes, including reduced drug-related deaths and increased access to rehabilitation services
- Reduced Incarceration Rates: Decriminalization can reduce the number of individuals entering the criminal justice system, thereby decreasing the burden on prisons and the judiciary.
- Increased Efficiency in Law Enforcement: Decriminalization of Adultery (2018), the legal system is relieved of unnecessary cases that do not contribute to public safety or morality, allowing for a more targeted judicial process on terrorism and other organized crime.
- Reduced Stigma: Decriminalization can encourage more individuals to seek help without fear of social ostracism or criminal penalties thereby reducing the stigma, leading to better recovery outcomes and reintegration into society.
Decriminalizing certain crimes in India can contribute to reducing the number of crimes and lead to a more effective and humane criminal justice system, promoting a safer and more equitable society.
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The Vishakha Guidelines, introduced by the Supreme Court of India in 1997, hold significant importance in addressing sexual harassment at the workplace. They were formulated in response to a petition filed by Bhanwari Devi after she faced a violent sexual assault while working in a rural developmentRead more
The Vishakha Guidelines, introduced by the Supreme Court of India in 1997, hold significant importance in addressing sexual harassment at the workplace. They were formulated in response to a petition filed by Bhanwari Devi after she faced a violent sexual assault while working in a rural development program. Here’s how these guidelines have influenced subsequent legislation and workplace policies:
Legal Recognition: The Vishakha Guidelines provided the first legal framework in India for defining and addressing sexual harassment at workplaces. They recognized sexual harassment as a violation of the fundamental rights of equality and dignity, paving the way for subsequent legal developments.
Preventive Measures: The guidelines emphasized preventive measures such as setting up Internal Complaints Committees (ICCs) in organizations to receive and address complaints of sexual harassment. This institutionalized approach aimed to create a safe and respectful work environment for all employees.
Influence on Legislation: The guidelines directly influenced the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This Act expanded upon the Vishakha Guidelines by providing a statutory framework with clearer definitions, procedures for complaint redressal, and penalties for non-compliance.
Impact on Workplace Policies: Organizations in India were mandated to revise and align their internal policies with both the Vishakha Guidelines and later the 2013 Act. This led to the development of comprehensive anti-sexual harassment policies that are required to be implemented across workplaces.
Cultural Shift: The guidelines sparked a cultural shift by raising awareness about sexual harassment issues in Indian workplaces. They encouraged dialogue and training programs on gender sensitization and legal rights, fostering a more inclusive and respectful workplace culture.
In summary, the Vishakha Guidelines have played a pivotal role in shaping the legal and social landscape concerning sexual harassment at Indian workplaces. They laid the foundation for subsequent legislation and prompted organizations to adopt proactive measures to prevent and address sexual harassment effectively. Their influence continues to be felt in ongoing efforts to ensure safer and more equitable work environments across the country.
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