Browsing by Author "Upadhyay, Niteesh Kumar"

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    Policing cyber hate: a comparative analysis between Malaysia and India
    (University of North Bengal, 2022-09) Upadhyay, Niteesh Kumar; Saslina Kamaruddin; Nadia Nabila Mohd Saufi
    Hate speech becomes prevalent phrase in modern times. It is utilised in political debates, and legal jargon. Recently, Southeast Asia has seen an increase in disinformation-driven hate speech. Such crime evolved into a new paradigm with the advances in ICT. Currently, social media platforms allow people to exercise their right to free speech. People publish sensitive content and provocative remarks on social media without any restraints or limitations, which jeopardises or threatens national security and peace. Many cyber-related crimes including hate speech are criminalised in India and Malaysia. However, both jurisdictions' laws have several flaws, and there is no explicit and comprehensive legislation to govern or punish online hate speech. It also analyses flaws in existing legal systems and proposes new techniques to regulate online hate speech in Malaysia and India. This study uses a doctrinal research technique, which analyses primary and secondary sources. The findings show that the use of social media platforms is on the rise, increasing the possibility to infringe on fundamental liberties such as hate speech and expression. Without legal oversight or effective governance, the problem could lead to poor governance and threaten the wellbeing of the nations.
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    Rehabilitation of Rape Survivors: Policy, Trends and Challenges in India
    (University of North Bengal, 2024-03) Nagar, Bhawna; Upadhyay, Niteesh Kumar
    According to the National Crime Records Bureau, for every minute, three rapes are committed in India. What makes it worse is the ill treatment meted out to the rape victims by society and the legal system. The rape victim faces humiliation during the judicial procedure and delays in the rehabilitation procedure. Rape survivors need the help of a variety of institutions like the police, hospitals, government, society, and rehabilitation centres to overcome the physical and mental trauma. This paper will discuss the procedure for the rehabilitation of the rape victim and the legal provisions followed by the government during the trial procedure. Penal provisions and the recent changes in these legal provisions for the rape accused are also discussed in the paper. Compensation is part of the relief provided by the government as it fails to protect the victim’s basic rights. As rape is a serious infringement of the victim’s fundamental right, which is guaranteed by the government, the state is duty-bound to rehabilitate the victim. Although we have provisions for monetary compensation for rape victims in our legal system, there is an urgent need to revitalise the implementation process. Despite the fact that compensation, which is provided by the competent authority to the rape victim, cannot heal the victim physically or psychologically, it still helps the victim survive in this civilised society.This paper covers various government schemes for the victim’s rehabilitation. This paper has also focussed on the adequacy of the rehabilitation procedure and the monetary compensation that is given by the government.
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    Study of Female Foeticide as Root Cause of Bride Trafficking in State of Haryana
    (University of North Bengal, 2020-09) Upadhyay, Niteesh Kumar
    Bride trafficking is forced sale, resale and purchase of girls/women in the name of marriage. Girls/women are kidnapped or lured into bride trafficking and sold, re-sold, raped and/or married off without their consent and their roles vary from sexual slavery to performing hard labour all the day, suffering physical and verbal abuse and living a life at the mercy of the men and/or their families who have ‘bought’ them. female foeticide remains the major cause for trafficking of brides in Haryana from other states as beacuse of low sex ratio the number of marraigbale girls in haryana are very less and which create a gender squeeze and force locals to buy brides from other poverty stickenareas.Poverty, lack of parenthood, illiteracy, customs and religious practices, quest for cheap labour, requirement of a servant/slave for the family, kidnapping, etc are some of the important factors, which contribute to the increase in number of trafficked brides in state of Haryana.