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Please read Swarna Bharat Party's detailed policy on Justice systemEfficient and effective justice systemSwarna Bharat Party’s justice policyIn its 117th Report (1986), the Law Commission observed: “The Indian Judicial System is admittedly colonial in origin and imported in structure. Without even a semblance of change in the last four decades since independence, in its mode, method of work, designations, language, approach, method of resolving disputes, it has all the trappings of the system established by the foreign rulers.”All freedom must necessarily be bound by accountability. We are free to do what we please, so long as we do not harm others. The justice system ensures accountability. If we harm anyone, justice must be quick and proportionate so everyone involved can get on with their life. But today there are about 3.80 crore pendencies/arrears/backlogs and cases drag on for years altogether, depriving many citizens of justice and violating their fundamental rights to life and liberty.We will commission a first-principles review of the justice system, to report in two years. In the meanwhile, we will implement a suite of reforms, some of which are outlined below.1.1 An impeccably honest and high quality judiciaryOur judiciary must be above board and above suspicion. It is crucial that the judiciary be perceived to be absolutely honest, unbiased, and accountable. Unfortunately, influential people are able to manipulate the ‘justice’ system to avoid jail. Petitions of rich and influential people are heard within days (even hours), while matters related to the poor languish for years, often never being completed in an entire lifetime. Chief Justice P. Sathasivam of the Supreme Court has acknowledged in July 2013 that the judiciary is not untouched by corruption.[1] A strong stench of corruption is arising from the courts. Bribery and perjury have destroyed the roots of the justice system, making it less a justice system than a system of ‘match-fixing’.We will create systems to ensure an honest and unbiased judiciary.1.1.1 CRIME PUNISHABLE WITH DEATH TO BRIBE A JUDGE OR FOR A JUDGE TO TAKE A BRIBEBribing judges (and judges accepting bribes) is perhaps the worst of all crimes – since it can lead to the innocent being punished and the guilty going scot-free. There is no more heinous offender of liberty than a judge that is not impartial.We will make it a crime punishable by death to bribe any Sessions Judge, High Court Judge or Supreme Court, or for a judge to accept a bribe. Other – lower – judges too, shall be sternly punished, likewise.The government itself is a litigant in many cases and should be punished if it bribes the judiciary. A judge should receive only his salary and associated entitlements; no more. It will become a crime punishable by death of the relevant Chief Minister or Prime Minister for any government to give any additional pecuniary benefits to any judge – such as the allocation of government land at a subsidised cost – over and above the contractual amount.1.1.2 NON-DISCRETIONARY ENFORCEMENT OF PERJURY LAWSThe lackadaisical attitude of many judges towards perjury is a systemic abuse that is destroying the very foundations of the justice system. People submit false affidavits with impunity today, as judges do not seem to care. False statements and evidence are often recorded under the very nose of trial judges. ‘Witnesses’, who are bought, appear in multiple cases before the same judge, with impunity. As a result, only the honest now fear the judiciary. There is a deep sense of despair at the breakdown of the rule of law.We will legislate to require judges to mandatorily impose stiff penalties for perjury, with a minimum six month prison sentence. It will also become a criminal offence for judges to not penalise perjury. Repeat offenders – who are proven to have accepted false statements as true – will be cautioned through the senior courts and further failures will invite formal complaints and FIRs. Judges need to be held to account for the truth of any evidence they rely upon for a judgement.1.1.2.1 TRANSPARENCY IN THE APPOINTMENT AND TRANSFER OF JUDGESThe existing system of appointments to the superior judiciary, through a collegium of senior judges in High Courts and the Supreme Court suffers from perceived deficiencies in quality, being an in-house process.We will seek to discuss with the Supreme Court Chief Justice to identify and action any opportunities for improving the system of appointment of judges, including (if necessary) through reforms such as the Judicial Appointments Commission Bill and the Judicial Standards and Accountability Bill. A key to judicial appointments should be the deep held commitment of judges to liberty, including freedom of speech.NO ONE TO BECOME A JUDGE WITHOUT SIGNIFICANT EXPERIENCE AS A LAWYERCurrently there is no minimum practice requirement for becoming a judge in the district courts. People can directly appear after their law degree for an exam to become a judge. We will seek advice from the Supreme Court regarding imposing a requirement of significant case practice as a necessary pre-condition to appear in the exam in order to become a judge.1.1.2.2 INDEPENDENT COMMISSION FOR REMUNERATION OF JUDGESWe believe that most judges are poorly paid today relative to their private practice capability, creating incentives for corruption. But any corruption in the judiciary is fatal to the purpose of a justice system. We will establish an independent commission for remuneration of judges to advice on a market-comparable compensation framework. The framework should include incentives for quality, accuracy and speed of judgements. Given the extreme significance of this matter, we intend to accept without any delay the recommendations of such a commission. The people of India cannot be penny-wise and pound-foolish in relation to such a critical requirement as justice.1.1.2.3 FREEDOM (JUSTICE) MINISTER TO BE PAID BASED ON QUALITY AND SPEED OF JUSTICEThe Justice Minister, like all Ministers, will be paid partly according to results. KPIs for the Minister would include targets for resolving the case backlog, as well as indicators of speed and quality.1.1.2.4 TRAINING TO IMPROVE THE QUALITY AND EFFICIENCY OF JUSTICEWithout a commensurate strengthening of training and orientation among judicial officers / judges and lawyers, a rapid increase in the number of judges can put a strain on the quality of judgements. We will significantly upgrade the existing training systems of judges with a focus not merely on any changes to the law, but on best practice court procedures, such as that:arguments should be heard soon after the close of evidence, as they take much less time than arguments advanced after a long interval (recommendation of the 77th Law Commission);trial courts judgments should be brief and not a show of learning, and yet deal with inconvenient contentions and crucial arguments by appraising the evidence, relevant statutory provisions and such authorities that have direct bearing;Order 17, Rule 1, CPC (which does not allow more than three adjournments) should be followed and dilatory tactics including frequent adjournments, delays in filing documents, delays in serving or evading service be firmly curbed;judgments should be pronounced within 30 days (Order 20, Rule 1, CPC) and decrees within 15 days; anda time limit should be enforced on unnecessary details, such as over-proving allegations or unduly prolix examinations and cross examinations of witnesses.1.1.2.5 INTERNAL REVIEW SYSTEM: ACCOUNTABILITY FOR TIMELY JUSTICEWe will discuss with the Supreme Court options to introduce an internal review system to deal with complaints against judges and any unnecessary delays by judges.1.2 Timely, efficient and effective delivery of justice1.2.1 RAPID DISPOSAL OF CASES OF UNDER-TRIAL PRISONERSIt is a shame that thousands of under-trials are in jail for over ten years without their guilt having been established. We will cause a review of all cases of under-trial prisoners. Except for alleged crimes against person, they will either be freed on bail or permanently released if the time they have served is more than half the maximum statutory sentence.1.2.2 SIGNIFICANT INCREASE IN THE NUMBER OF JUDGESIndia currently has a ratio of around 13.5 judges for every one million persons. In developed countries, there are 130-135 judges for every one million persons. A judge needs to go into the details of the evidence and the law before deciding a case. Quality justice takes time. Without dramatically increasing the number of judges, we cannot deliver timely and quality justice to the people of India. The Supreme Court has directed an increase in the strength of judges to 50 per million in the subordinate judiciary. We believe this is an essential governance reform. We are committed to increasing the strength of judges to at least 50 judges per million within three years. Funds for this will be raised from recovery of efficient costs of the justice system through appropriate fees, and from rationalisation of the tax system.1.2.2.1 TRIPLING THE EXPENDITURE ON JUSTICE IN THREE YEARSKorea spends more than 0.2%, Singapore 1.2%, and the U.S. 1.4% of its GDP on justice. India, however, spent only 0.01% of the GDP on justice in 2000. What can be more absurd than this, that a core function of the government has been given such short shrift by successive governments in India? By cutting out unnecessary functions, we will redirect savings into core functions, one of the most important of these being justice. A quantum increase in expenditure on the justice system will be considered, at least tripling the current spending within three years, and much more in the future.1.2.3 FAST-TRACK OPTIONS1.2.3.1 FAST-TRACK COURTS TO DEAL WITH CORRUPTION/ CRIMINAL CHARGES AGAINST MPSThis policy has been detailed earlier, and is a critical part of our commitment to ensure that only good people are able to become elected representatives.1.2.3.2 FAST-TRACK COURTS FOR CRIMES COMMITTED AGAINST PERSONWe will create a fast-track system for crimes against person, with a maximum judgement time of 12 months from the date of reporting such crime, including a maximum of six months for investigation. Exceptions to this timeline will be investigated by a Judicial Commission and any necessary extensions given only in exceptional cases. Officials responsible for unnecessary delays will be punished.Terrorists and those who potentially pose a grave threat to the nation would be tried even more quickly through special courts.1.2.3.3 OTHER CASES REQUIRING TO BE FAST-TRACKEDWe will request the Supreme Court to strengthen its normal prioritisation mechanism. Cases requiring urgent attention/priority should be fast-tracked. This could include cases involving the death sentence; habeas corpus petitions; where orders have been passed staying other proceedings, or against orders of remand; cases involving senior citizens (whose timeline for justice is necessarily shorter); cases affecting custody of children; and motor vehicle accidents.1.2.4 MEASURES TO REDUCE PROCEDURAL DELAYS AND THE TIME AND COST OF JUSTICEWe will undertake a range of reforms to reduce justice system delays and costs. Illustratively, these include:1.2.4.1 PRE-LITIGATION MEASURESSection 89 of the Civil Procedure Code (CPC) provides for alternate dispute redressal mechanisms (ADRs). After issues are framed, cases can be referred to appropriate ADRs. Streamlining this process can reduce the time and other costs of justice.We will enhance the process to refer parties for counselling prior to commencing litigation, especially when there is scope for settlement. In general, all cases between two or more government agencies/departments should be settled outside courts – or through the inter-governmental machinery.We will create a regulatory regime that supports any private online dispute resolution initiatives for minor issues. In a competitive market, such systems are likely to be cheaper and quicker than comparable government systems.1.2.4.2 PLEA BARGAININGChapter 21 A of The Code of Criminal Procedure (CrPC) provides for pre-emption of trial for petty offences punishable with imprisonment up to 7 years, through a mutually satisfactory disposition where the court directs the accused to pay an agreed compensation to the victim, and may either release the accused on probation or sentence the accused to up to half the minimum punishment prescribed for the offence in question.Unfortunately, plea-bargaining is rarely used in local courts. We will review the use of plea-bargaining and streamline it, excluding certain offences such as those committed against a woman or a child below the age of fourteen. This will significantly increase its use.1.2.4.3 STERN PUNISHMENT FOR FRIVOLOUS LITIGATION AND APPEALSThe government itself is a huge contributor to justice system delays. In matters where it is a party, it is common for the government to evade notices, reply to notices without application of mind, and unnecessarily appeal even when the laws are clearly in favour of the other party. Parties with deep pockets also waste a lot of judicial time, with vicious and frivolous cases and appeals, each of which is ultimately lost with strictures.The 192nd Report by the Law Commission (2005) outlined the concept of a vexatious litigant and proposed a draft bill, The Vexatious Litigation Prevention Bill. We will enact strong legislation to impose costs on parties engaging in frivolous litigation. In particular, we will make laws to stringently punish the senior-most government functionaries found responsible for vexatious litigation.Such penalties will also apply to police officers whose parking or other tickets are dismissed by courts.1.2.4.4 STOPPING ENDLESS APPEALSDue to slack judicial action, cases in India are often disposed without deciding the real issue. This results in endless appeals. Lawyers are also paid on a per-court appearance basis, and hence have little incentive to resolve cases. Procedural laws allow lawyers of clients who oppose the resolution of a case to submit endless interlocutory appeals. We will review and streamline civil and criminal procedures, to avoid such obfuscation of justice. We will regulate legal fees to require a cap on costs to be declared for each case by litigating lawyers to prevent their incentive to lengthen proceedings.1.3 Structural reforms of the judicial system1.3.1 MAKING THE SUPREME COURT MORE ACCESSIBLEGiven the heavy caseload and backlogs, as well as the time and costs imposed on litigants to travel to Delhi from distant states, there is much merit in decentralising the Supreme Court. The 2009 Law Commission recommended that the Supreme Court be split into a Constitution Bench in New Delhi and Cassation Benches in the four regions to deal with all the appellate work arising out of high court decisions. Though the Supreme Court has expressed reservations about any such radical re-structuring, we believe that one additional branch of the Supreme Court, initially in Bangalore, should be piloted in the first instance. Any concerns of the Supreme Court about capacity to govern the Cassation Benches can be addressed through close-circuit video conferencing, so regular private meetings can be held with the Chief Justice.1.3.2 INDEPENDENT PROSECUTING AGENCYWe will create an independent prosecuting body to ensure that police and investigative agencies have collated sufficient evidence and have reasonable prospects of securing conviction, before filing a charge sheet. This will also apply to cases filed by the government in civil matters and help minimise unnecessary government-created litigation. Internal review of processes and of any complaints received, and external audit of its performance would support other governance processes in place to ensure integrity and competence of this organisation.1.3.3 COMMERCIAL COURTSGiven the costly and time-critical nature of large commercial and contractual cases (such as IPR, mergers and acquisitions), we will set up Special Commercial Courts to fast-track such litigation, with a significantly higher fee. We will also appoint experienced and qualified judges on contract for technically complex cases. Such contractual judges could be hired from anywhere in the world.These actions will also empower our judicial system to increasingly take on the role of a global hub for arbitration and legal process outsourcing.1.3.4 MOBILE COURTS, LOK ADALATS, FAMILY COURTSFor relatively minor civil matters, we will set up mobile courts and encourage people to use the services of private arbitrators. We will increase Lok Adalats to one per 50 villages, and increase the number of Family Courts.1.3.5 PANCHAYATS TO JUDGE SIMPLE CIVIL AND CRIMINAL MATTERSToday, even petty cases tend to go before judges. We will pilot the use of panchayats for some minor civil and criminal issues, and minor land disputes. If successful, this would be rolled out, while always ensuring that panchayats abide by the norms of liberty and justice.1.3.6 PILOTING THE JURY SYSTEM IN CRIMINAL TRIALSAfter first speeding up criminal trials, we will consider ways to improve the quality of judgements, including by adopting a jury system in certain trials. There are some risks to a jury system, with many prevalent citizen prejudices that could distort justice. However, a jury system respects citizens’ judgement and can, in the longer run, result in fairer judgements as citizens’ education and the ability to assess evidence improves. We will pilot this system in relatively minor criminal matters and evaluate it before considering a broader rollout.1.3.7 PRIVATE COURTS FOR CERTAIN CIVIL MATTERSWe will enact laws to enable private (including online) arbitration and courts. Citizens will be able to choose in advance the use of such private courts as part of contracts such as for the construction of a house. Upon activating a dispute, the losing party will be required to pay penalties, including reasonable legal costs. This will create competition for justice (thus also keeping government courts on their toes) and lead to innovative, quicker justice. This will also, by reducing government court caseloads, ease justice system backlogs and save taxpayers significant amounts of money.1.4 Making the justice system more humane1.4.1 FREE HIGH QUALITY LEGAL AIDThe poor (those eligible for an NIT-type payment) will also be eligible for free high quality legal aid, the costs of which will be partially met through penalties imposed on the losing parties. No aid will be provided where it is determined by the legal aid system that the party is guilty.1.4.2 EASIER ACCESS TO BAILWe will make the option of bail for most charges (excluding crimes against person) mandatory and easier, to minimise unnecessary harassment of potentially innocent people.1.4.3 PRISON REFORMS INCLUDING REHABILITATION AND REDUCED RECIDIVISMPrison should be a place for a prisoner to repent the crime and to reform, to facilitate re-integration with society upon their release. We will introduce privatized prisons (with appropriate regulatory oversight) to be partly paid on reduced recidivism ratesImprisonment, being a restriction on freedom of movement, is itself a major punishment. There is no need for further cruel and degrading treatment of prisoners. We will also take measures to look after prisoners’ families, particularly of their children, to ensure that any ill-effects on their upbringing and self-confidence due to their parents’ imprisonment are minimized.1.4.4 REVIEW OF PRIVATE COSTS OF REPORTING CRIME AND REDUCING THESE COSTSThe effects of reporting certain violent crime, such as rape, on the mind, career, marriage prospects and social status of the complainant are often enormous. The victim thus gets further victimised. These reporting and social obstacles create incentives for significant under-reporting, thus emboldening criminals.We will review the private costs of reporting violent crime and introduce a range of laws and supports that make it easier to report and reduce the distress and costs (including social costs, such as through appropriate confidentiality) involved.1.4.4.1 LOOKING AFTER THE VICTIMS OF SERIOUS CRIMESWe will strengthen systems (largely through civil society institutions) to support and rehabilitate victims (and victim families), to ensure that they are reintegrated back into society at the earliest.1.5 Modernisation of lawsWe will modernise laws, particularly the penal laws. Some of the key modernisation issues are outlined below. Some others are mentioned elsewhere in this document, such as in relation to freedom of speech and property rights.1.5.1 GOVERNMENT TO BE LIABLE FOR HARM CAUSEDWe will legislate a duty of care that all government employees must ensure in their interactions with their clients. This will allow the government to be sued for damages where government servants, through their acts of commission or omission, harm citizens.1.5.2 REVIEW OF CONTEMPT OF COURT PROVISIONSJudges need powers to enforce decorum and demand discipline as part of the judicial process. However, there is a countervailing requirement to require constitutionally consistent restrictions on the exercise of these provisions, to limit any wilful misuse. Contempt of court provisions will therefore be reviewed and appropriate rules created to ensure these powers are deployed only in extremely limited cases.1.5.3 CAPITAL PUNISHMENT FOR HEINOUS CRIMESFor heinous crimes (including serious cases of corruption, child abuse and rape), judges would be required to specifically justify any exception to capital punishment, once proof beyond reasonable doubt has been adduced. Capital punishment in such cases would create a deterrent effect.1.5.4 MINIMUM STANDARDS, NOT A UNIFORM CIVIL CODEArticle 44 of the Constitution contains a directive principle that the state shall endeavour to secure for citizens a uniform civil code throughout the territory of India.[We believe that a Constitution should not include policy mandates. Policy must remain the prerogative of elected governments. We respectfully do not agree with the policy outlined in this Article and will commend a more refined approach to the country, consistent with liberty.]In relation to the substantive content of Article 44, it is to be noted that most religions specify some level of details regarding marriage and divorce. These are personal matters involving the most intimate unit of human existence: the family. Religious obligations on families are outside the scope of a government’s jurisdiction. Even in non-religious personal arrangements about marriage, there is fundamentally no role for government. Families should be able to structure themselves without violating the life or liberty of family members or others. A marriage contract or sacrament is a matter of personal taste on which the state can have nothing substantial to say.The only role a state can have in this regard relates to establishing norm-setting minimum standards, such as a minimum age of marriage, minimum maintenance requirements upon divorce and minimum inheritance requirements in absence of a will. All that would be required would be for citizens to abide by the legislated minimum standards while complying with the mandates of their individual faiths.More broadly, since there is no role for the state in religion, we will review all religious (e.g. Hindu/ Muslim) legislation on the statue books and replace it with generic rules of accountability applicable to all citizens.1.5.5 STRONGER ACCOUNTABILITY: PRISONERS TO PAY FOR THEIR UPKEEPWe will introduce innovative methods and technologies to ensure that society doesn’t pay unduly for the upkeep of prisoners. In general, prisoners will be billed all costs of their upkeep. Where they have known resources and assets, payment will be required before they are released. For prisoners without any identifiable resources, the amount will be converted into a loan and recovered through the tax system.Wherever appropriate, prisoners will be required to serve the family or community they have harmed.1.5.6 MANDATORY IMPRISONMENT FOR GANG CRIMES AND VIOLENT SEXUAL CRIMESWe will enact mandatory minimum prison sentencing for gang crimes, violent or sexual offences against children, rape, robbery, murder, and all assaults involving serious injury to law enforcement officers. We will create a national registry for convicted child abusers so they can be readily tracked. Parole will be minimized for dangerous or repeat felons.1.5.7 STRONG LAWS AGAINST TORTUREDespite signing the Convention against Torture in 1997, India is yet to enact a law to ratify the treaty. We will introduce such a Bill at the earliest.1.5.8 REVIEW OF VICTIMLESS CRIMESUnder various victimless crime laws, people are punished even when they have not directly harmed anyone. Typically, this relates to dealing with, or consuming illegal drugs. In general, victimless crimes should not prompt punishment (even assuming that analysis demonstrates the value of such punishment) comparable with punishment for violent crime. We will review laws regarding victimless crimes for necessity, and where considered necessary, for appropriateness of punishment.1.5.9 SEXUAL ORIENTATION NOT A CRIMEWe object to Section 377 of the IPC, which criminalises homosexuality. This is proven to have a significant hereditary/ biological origin, and therefore is not only a matter of personal choice. We will abolish this ‘crime’, particularly also as it is victimless. Non-consensual gay sex will be captured by the normal provision regarding rape.We agree that gay couples that wish to live together in a marriage-like relationship, can legally and contractually do so. We also note that the state has a very limited role in determining the nature and form of marriage. To the extent customary, at present, this relationship will not be called marriage, to distinguish it from heterosexual marriage. The right to bring up adopted children will, however, not be available to this form of cohabitation, given the need to assess this issue further in the best interests of children. Such an evidence-based assessment, including extensive consultation with the community, will be commissioned in the second term of our government.1.5.10 ADULTERY NOT A CRIMINAL OFFENCESection 497 of the IPC, a provision drafted in the Victorian era, treats adultery as a crime, which can be complained against only by the husband and never by the wife. We will move adultery from a criminal into a civil offence. Adultery is a form of breach of trust and should remain a ground for divorce, but is not a criminal matter. All sexual acts between consenting adults will be removed from the IPC.1.5.11 REFORM OF CHILD PROTECTION, DOMESTIC VIOLENCE AND DOWRY LAWSMost marriage-related complaints in India are considered to be criminal in nature. This is inappropriate. Except for matters involving physical violence and abduction, all other marriage issues will be moved into civil law.While many women face an oppressive environment at home and domestic violence needs to be punished, enough evidence has now accumulated that s.498a of the IPC, which addresses domestic violence and dowry deaths, is often misused due to the absence of checks and balances and its inbuilt stereotypical assumptions about gender roles. But no assumption of guilt should be inbuilt into the law. We will make offences under s. 498a bailable and compoundable, and require that any party that files a false case be mandatorily imprisoned for a minimum of three months, with all legal costs borne by the party that filed the false case.Since India is not a signatory of Hague convention on Private International Law, any marriage-related dispute between a foreign and Indian citizen is dealt as per Indian law. Further, current laws are unclear about the rights of the other marriage partner when one spouse takes away the children without consent. We will legally endorse the international convention to ensure international standards for child protection.1.5.12 STRONG ANIMAL PROTECTION LAWSWe will review and strengthen existing laws for animal protection. Animals consumed as food should be killed in as painless a manner as the state of knowledge permits. International best practice currently requires stunning before killing large animals. We will make humane killing mandatory in all abattoirs, with transitional provisions for local butchers that currently use customary (often brutal) techniques. Punishment for repeated inhumane killing of animals can extend to jail. The laws will also apply to temples and other religious places, bringing an end to animal sacrifice that is not assisted by modern technology.1.5.13 MAKING LAWS ACCESSIBLE AND CLEAR, THUS SUPPORTING TRANSPARENCY1.5.13.1 LANGUAGE OF THE PEOPLE TO BE USEDWe will require the language of the people to be used in courts as far as ordinary civil and criminal matters are concerned.1.5.13.2 DEFINITIONS ACTAll legal definitions will be rationalised, stripped from existing legislation, and brought under a single Act. This will ensure consistency in the use of specific words in all legislation. All such terms will then be hyperlinked in electronic versions of the laws, so ordinary citizens can quickly identify their meaning.1.5.13.3 INDEXATION OF FINES, FEES AND PENALTIESWe will index fines, fees and penalties to the CPI. All such imposts will be converted into units, with the current unit values reflecting the changing value of the rupee.As part of this process, fines, fees and penalties that are set at outdated levels will be increased to reflect the current value environment, based also on cost recovery principles (with costs set at an efficient level).1.5.13.4 COMPUTERIZATION OF LAWS AND JURISPRUDENCEReady access to past judgements can help improve the quality of justice. In addition to computerization and publication of all relevant laws, all relevant jurisprudence will be digitised and published on the internet (making it fully searchable), to help improve the quality and speed of judgements. This would facilitate much shorter arguments and enable judgments to be expedited. More broadly, all modern technology will be actively used to support the justice system.1.5.13.5 TELECASTING COURT PROCEEDINGS ON CONSTITUTIONAL MATTERSExcept where matters of state security are involved, the Supreme Court will be required to telecast court proceedings on any Constitutional matter free of cost on social media and any private TV channel that wishes to broadcast these proceedings, so the people of India can better understand the framework and structure of our Constitution.1.5.14 REPEAL OF REDUNDANT LEGISLATIONA vast amount of irrelevant legislation remains on the Indian statute book. All laws, particularly pre-1947 laws will be reviewed for relevance and where found unnecessary, will be repealed within three years.1.6 Consumer protectionIt is bad business to be deceitful. ‘A habit of deceit is a mark of bad character, and bad character has a way of revealing itself no matter how cunning the individual. Deceit is both bad karma and bad business. Commerce [therefore] elevates manners and probity’. Information about a business’s character spreads across the society through gossip, newspapers and electronic media, legal case law, or even information that consumers may pay, for such as Consumer Reports in the USA. Strong business competition is a driver of good behaviour.However, there are cases where businesses cause a loss to buyers and either deny these losses, or ignore them, or themselves disappear. Such cases require specific action by the government. Where such losses are relatively minor, judicial remedy can be costly to everyone. We are committed to establishing a government led consumer protection agency that will deal with minor cases of misdemeanour by businesses and use persuasion and public shaming in cases of obvious damage. Where necessary, we will prosecute such businesses in the court of law on behalf of consumers.We will also regulate the minimal contractual requirements for various services so companies do not use the ‘fine print’ to exclude themselves from liability where they must take responsibility.

IDENTITY THEFT – CYBER CRIMEHave you ever noticed the fact that in today’s digital age, your personal information like name, date of birth, address, phone number, email ID, etc are easily accessible online and offline. And those information can lead to the simplest form of theft. The evolution of computer technology and increased human interactions with computer has led to myriad offences and illegal practices called cybercrime. And one such crime is identity theft.‘Identity Theft’ can be understood by understanding the term identity. What constitutes identity? In general parlance, identity of an individual is the collection of unique and stable traits, characteristics associated with that person which distinguishes him/her from others. Each individual even two similar looking person have different identity. In legal context, identity encompasses the name, citizenship, address, physically distinguishing feature, photograph, blood group information. The government keep a track of the people’s identity mainly because of the social security reasons. Government stores those information and maintain data online. Data is one of the most valuable and vulnerable assets of this age. Stealing and breaching of data is the most prevalent cybercrime. When a fraudster get a chance to steal your data for committing fraud to get economic gain . This is identity theft.Identity theft is a crime where a person fraudulently obtains another person’s personal information and uses it primarily for economic gain. It may be used to facilitate or fund other crimes including illegal immigration, terrorism, phishing, and espionage. Technology has made the whole process easier. There are many ways fraudster tries to procure or obtain personal information from electronic devices and they are as follows:1.HACKING:- It is a technique through which the hackers try to steal the personal information of the victim and to make the illicit use of it without the person’s consent. Intentionally, these attacks are done to grab the information and use it themselves or sell it to others to commit fraud. In legal context, Hacking to computer is defined as the virtual trespassing by the means of collecting personal information or data in intrusive manner. It is one of the foremost means facilitated by the individuals attempting to commit identity theft.2.THEFT:- There may be theft of your wallet or bag containing bank credit cards, passports, other identifying documents containing important personal information.3. PHISHING:- It is the most prevalent method to steal personal identifying information. The fraudster send a fraudulent email with a link to a fake website that is exact a replica of the original bank sites which are so designed to fool the users so that they reveal their personal information.4. VISHING:- Vishing uses VOIP (voice over internet protocol) to commit the theft. The visher will make cold calls/unsolicited calls to the victim posing him as a representative of the victims bank, and talking from some investigation team or importantly you-need-to-listen-to-me type calls. Their main motive is to gain victim’s financial and personal information.5. NIGERIAN 419 SCAM:- Nigerian scam involve someone overseas offering you a share in a large sum of money or payment on the condition that you would help them to transfer money out of their country. While these scams originated in Nigeria and now spread across the world. These scams are often known as ‘ Nigerian 419’ scam because the first wave of them came from Nigeria. The ‘419’ part of the name came from section of Nigeria’s criminal code which outlaws the practice.6. SKIMMING:- Skimming is a process in which the fraudster attaches a small skimmer gadget to an ATM which records the personal sensitive financial information via access to the person’s debit or credit card including your PIN (personal identity number). WHY THEY STEAL ?The information fraudulently obtained is then used to steal the taxpayer’s identity and financial assets. Typically, identity thieves use someone’s personal data to steal financial accounts, use victim’s credit card, apply for new loans, service or benefit in victim’s name and even file fraudulent tax returns. HOW TO PROTECT YOURSELF :-No doubt, protecting your identity is paramount, with so many fraudster living next door. But protecting yourself becomes much easy and making sure that you won’t fall victim against identity thieves , you must educate yourself on this subject. Following are the few points you need to keep in your mind :i. Be sceptical of communication you receive from sources you are not expecting. Verify the authenticity of the phone calls, standard mails. Do not respond to them.ii. Do not reveal password, PINs or other security based data to the third party.iii. Do not click on the links in the questionable e-mails, instead go directly to the site already known to be genuine. IDENTITY THEFT IN INDIAIdentity theft has become epidemic in U.S and other western countries while in India the cases of identity theft is relatively low due to less number of online transactions, and use of internet. In India, there is no reliable statistics to know at what extent identity theft is happening . But as far as technology is concerned, it would be safe to assume that there will be rapid escalation in identity theft cases as India is moving towards Digital India and e-commerce transactions nowadays. Although the occurrence of cybercrime, is burgeoning year after year, the conviction rate in India is dismally low. As against 3682 complaints, 1600 out of the accused have been arrested and merely 7 out of them were convicted. This might be due to the improper implementation of the existing rules or insufficient, ineffective infrastructure required in implementing the laws. These shortcomings can be overcome by increasing the number of vacancies for skilled police who are specialised in technological advancement and more funds to update latest technology by the government which will help to combat this evil cybercrime. BANK PHISING SCAM IN INDIA:-Phishing as we know from the above explanation is the most prevalent form of identity theft. In recent cases of identity theft in India, a fake target bank website was created and the bank customers receive email asking them to renew certain service claiming that failure to do so would result in suspension or deletion of their accounts. Email providing the link to the phishing site in an attempt to make illegal or illicit use of individual’s personal data. DEFAMATION OR POSTING OF PORN OR OBSCENCE MATERIAL ON SOCIAL NETWORKING SITE:Nowadays, a lot of cases has been reported in which the victim’s personal profile is used in a fake and vulgar manner to harass or humiliate them. These profile contain pornography and obscene material along with victims photograph, phone number, address everything on social networking sites. This also shows one of the bane and destruction done using technology. THE LEGAL ANGLE OR PERSPECTIVE IN INDIA:Though in India identity theft is not codified standalone unlike U.S.A which passed the identity theft and assumption deterrence act of 1998 which codified identity theft for the first time in U.S.A .Though the personal IT act 2000 does not specifically deal with identity theft in any of its provision. But the expert committee on amendment of IT act 2000 has recommended amending IPC ( Indian penal code).Section 417A which punish cheating by using any unique identification feature of any other person with up to three years imprisonment and a fine ,and section 419A which punish cheating by impersonating using a network or computer resources with up to five years imprisonment and fine.There are few penal provisions which attracts identity theft in IPC and IT act 2000 as follows:1. Section 420 deals with cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded is imprisonment up to 7 years and fine.2. Section 66 IT act: any person who sends any information that is grossly offensive or have menacing character purposely send to cause annoyance, danger, inconvenience, hatred shall be punishable with imprisonment for a term of three years and fine. This section provides punishment for sending offensive messages through communication services. CONCLUSION :The intensity of identity theft is immense and it can have disastrous consequences. It can demolish the image, reputation, credibility and health of the victim. It possess the potential to destroy online economy and deprive it of any faith and trust from general public or users of internet.Thus, identity theft is a serious crime that affects a person personally. The younger generation who are using internet extensively are more vulnerable to these attacks as they are connected all the day for work and entertainment purpose including information, emails, social networking, e-banking, e-shopping, web tv, news , education, home work research, gaming, downloading. Therefore, the users should be more vigilant and active to combat these attacks.

NETELLER is an electronic payment service operating across the world, equally prized by legal entities and individuals for the ease and rapidity with which it allows them to send money to other users online.NETELLER’s top clients are comprised of anyone who has the need or wish to frequently send money online. These include, but are far from being limited to:Gamblers – gaming (poker, casino, slots)Bettors (sports and cyber sports betting)Stock exchange traders (Forex and cryptocurrencies)As well as the other side of the table, merchants from poker rooms and trading platforms or bookmakers, each accepting money from players and paying their commission to the payment system used.Leaving the poker table and trading platforms, NETELLER also services people simply needing to transfer money to each other or wanting to make a purchase for goods and services either online or offline with the Net+ MasterCard physical card. No matter the way you choose to transact your money on the site, you can always withdraw the money from your account through a transfer to your bank or via a cash withdrawal at an ATM using the Net+ MasterCard.Branching out of your conventional buying and selling, NETELLER includes a loyalty scheme which features a bonus point system that applies to every transaction through the site. These points can be accumulated and subsequently exchanged for money prizes from their exclusive Store catalogue.Unlike your around-the-corner bank, NETELLER does not charge you a single cent as a monthly service charge or issue any loans. It does, however, earn its commission on transfers, ATM withdrawals and currency conversions. The extent of this transaction fees and limits are solely determined by your account status which starts off at the most basic regular level, all the way up to Diamond VIP.Despite its considerable advantages, NETELLER racks up a meagre 1.4 stars on Experience the power of customer reviews, with 83% of reviews evaluating the service as “bad”. Putting this discouraging figure into perspective does however justify some of the harsher critiques since NETELLER’s payment service fully complies with FCA standards and regulations. These hold the site accountable for various transaction legalities and validities. Despite this, the site does also suffer from a slow technical support system which does not help boost its customer satisfaction rating.NETELLER still remains a great alternative for players wishing to transfer large sums of money as they are first in line to reap the benefits of the payment service’s unique loyalty program.History and facts about NETELLERThe NETELLER brand is written down under Paysafe Financial Services Limited™. Since its establishment over two decades ago back in 1999 by Optimal Payments PLC, billions of dollars have already passed through the site every year and through as many as 23 million accounts across 200 countries.The payment service is licensed by the FCA, placing it under the jurisdiction of the UK and strongly advocating for its reliability and security as it must ensure at all times that their customers’ money is instantly available in their accounts and that every one of their transactions is checked for money laundering.Just a year after its initiation, at the beginning of the century in 2000, NETELLER was processing 85% of the payments received by gambling merchants, accounting for a staggering 95% of the company’s total revenue.A few years later in 2006, NETELLER had already secured a $239M revenue from the US market alone. It did however quickly plummet to $61M in 2010 after the US applied restrictions on its users in 2007 and despite its efforts to diversify.2015 marked an important company move for NETELLER which merged with the Skrill Group to form a single holding company under the name Optimal Payments Plc, now known as Paysafe Group, and which authorised direct transfers to and from their respective platforms.Benefits of NETELLERNETELLER has seized the opportunity to differentiate itself from other payment services in various ways:NETELLER operates in more than 200 countries, available for the majority of gambling merchants, bookmakers, Forex brokers and poker rooms.It has an extensive VIP-program offering significant benefits, particularly for users used to carrying out large and frequent deposits to merchants and transacting with other usersA mobile application which lets you transact whenever you have a working internet connectionVIP statuses are based on a calendar year, not a quarter as with Skrill. In other words, VIP statuses are only reset at the beginning of the new calendar year. If you obtained a particular VIP status in the fourth quarter of the year, the same status will also be valid for the following yearNet+ MasterCard@ (EEA 31 country residents only).Virtual Net+ cards for secure paymentsBenefits of NETELLER when registering via Baxity:Bronze Pro status, including lower conversion fees and higher ATM withdrawal limits immediately after verificationSilver status for $7,500 instead of $50,000, granting you free transfers within NETELLER, the option to open 2 additional accounts in another currency, as well as reduced conversion fees down to 0.6%Gold, Platinum, Diamond statuses on special preferential terms. Find out the terms by getting in touch with Baxity.Verification in just 24 hours on any business day without a $5 deposit.Support in Russian, English, Bulgarian for 365 days a year, 24/7.Create your NETELLER account via Baxity to earn back on your transactions and experience the site’s full potential.Speedy NETELLER RegistrationTo register with NETELLER and benefit from Baxity:Head to the official NETELLER website using our linkEnter your details in the registration form: name, email, residence address and create a password.Registering the conventional way will get you the usual unregistered status with significantly more limited possibilities.Recall that registration through Baxity will allow you to get the status of Bronze Pro (lower conversion fee and higher ATM withdrawal limits) immediately after verification, Silver for $7 500 instead of $50,000 and Gold, Platinum, Diamond on special preferential terms. Find out the terms.And yet, just a quick detour through the Baxity website can get you an immediate Bronze Pro status upon verification, with lower conversion fees and higher ATM withdrawal caps and with the following Silver upgrade just $7 500 dollars away instead of the usual $50 000 expected. You may also wish to consult Baxity for further details on the preferential terms applicable to the Gold, Platinum and Diamond levels or any other information on the NETELLER registration process via the article on NETELLER Registration.Verifying your NETELLER AccountThe term verification is often thrown around the web when it comes to any form of account creation. With NETELLER, it simply entails confirmation of your identity and place of residence with the necessary documents.When registering through Baxity, the verification process takes only 24 hours on any business day.If you did, however, choose to go through with a regular registration, you will first need to top up your account with $5 before even being able to start up the 1-5 days verification process.Verification can be done through your personal desktop or mobile application.No matter the platform, you should have the following documents on hand:ID documents: passport, driver’s license or ID cardA document confirming your address: a utility bill receipt or a certified bank statementAs you go through the verification process, you will be asked to provide legible scans and selfie photos, hence, it is imperative that you have a webcam set up on your computer if you have not done so already. Otherwise, mobile registration can be carried out from the app with your in-built camera for easier and quicker completion.For more details about NETELLER verification see the article NETELLER Verification.NETELLER Fees ReviewNETELLER tariffs may be resumed by deposit and withdrawal fees, internal and external transfers, currency conversions, as well as the issue and delivery charge for your Net+ Mastercard. Fees will also be applied on any purchase or sale of cryptocurrencies and even further on administrative fees for any cancellations.These designated fees will be valued and be subject to review according to your account status, from the initial regular account upon verification, to Bronze, Silver, Gold, Platinum and ending with Diamond. You should also keep an eye out for any geographical fees associated with your country of residence when you first register.Here are some of the most significant rates for users:Deposit by bank transfer: 2.5% commission on all statusesWithdrawal to bank account: $10 for a regular account, Bronze and Silver; free of charge from Gold status onwardsP2P money transfer (from person to person) within Neteller: 1.45% (not less than $0.50) with a 20% commission for the first transfer above $30. To avoid this and to pay a maximum of $10, deposit your account via bank transfer or card. From Silver status – free.Currency conversions from 3.99% for a regular account to 1.29% for a Diamond accountTaking the VIP Bronze Pro status, immediately obtained upon verification via Baxity, as an example:Reduced currency conversion (up to 3.79% less)Accumulation of bonus points (1 point for every $1 with a total of 9000 points per year)Increased limit for ATM withdrawals (up to $3,300 per day) and card payments (up to $7,000 per day)Increased Bitcoin purchase/sale limits up by 2.5 times to $40,000 per monthFurthermore, the VIP Silver status, obtained for just $7,500 deposits instead of the regular $50,000, gives the following additional benefits:Additional account in another currencyMoney transfers free of charge to other NETELLER accountsMaximum limits on transfers and depositsFree issue and delivery of the Net+ Plastic Prepaid Mastercard (only for SEPA zone (Single payment zone in EUR)).For more details about general NETELLER tariffs, see the article NETELLER Fees.NETELLER Limits ReviewIt is common for payment services to apply set limits on transaction quantities and NETELLER is no exception in its attempt to encourage users to strive towards higher VIP status to loosen up these restrictions.When you obtain a VIP Bronze Pro status via Baxity, your limits will be increased across a number of different sectors:for transfers up to 50,000 USD per transactionfor ATM cash withdrawals from Net+ MasterCard@ from $1000 to $3300,to pay with Net+ MasterCard@ from $3000 to $7000.Limits will still vary for each individual account, depending on specific transaction types and countries of residence. Simply sign in to your NETELLER account to have a look at those which apply to you.For more information about NETELLER limits, consult the NETELLER Limits article.NETELLER Account SecurityAs with any payment service, be it online or offline, its security and reliability is a key factor for any client. It would be hard for any site to acquire such international standing without a strong foundation of trust between the platform and its users, especially since NETELLER has no physical representative offices outside of the UK and Canada.Guarantee of the safety of your money on your NETELLER accountNETELLER guarantees full refund at any time and secure 100% funds access as per the regulations set out by the UK’s Financial Conduct Authority (FCA). The FCA is a non-governmental organisation which seeks to monitor investment companies, brokers and all of their financial operations.Secure access to your money (your Neteller account)By following these simple rules, you can ensure that your account remains fully secured against any hacking attempts:Review your transaction history on a regular basisKeep your password in a safe placeUse a strong password: a minimum of 8 characters, with a mix of uppercase and lowercase letters, numbers and special characters (e.g. ` ~ ! @ # $ %).Refresh your browserProtect your computer with regular updates, antivirus software, and avoiding the installation of unknown programs and filesAlways log out of your account via the “Log out” button, this will clear the browser cache and protect your account from othersNever use public computers to sign in to your accountAdd two-step authentication for your account.By installing the Google Authenticator application on your smartphone, you can link it to your NETELLER account and use the code it provides to log into your account instead of the standard Secure ID code. This makes your account far less vulnerable to any form of fraudulent activity since this code is updated every 30 seconds.If you notice any suspicious activity in your account, do not hesitate to change your password immediately and inform NETELLER Support.Brief Review of NETELLER VIP StatusesThe NETELLER VIP program is a loyalty system set out to award favourable terms on fees, limits, additional multi-currency accounts, general transaction terms, cashback and support services to any user of the platform.Getting your own hand on these benefits is straightforward as long as you invest sufficient funds in deposits to merchants or in cryptocurrency trading within a full calendar year to reach the subsequent status level. The higher the level you can reach, the more generous your conditions will be.One should keep in mind that no matter the status level you have achieved, it will be reset at the beginning of the new calendar year. That is unless you have obtained it in the fourth quarter of the year, in which case it will be carried over to the following year.Depositing money to merchants and purchase and sale of cryptocurrencyBronzeSilverGoldPlatinumDiamondThe amount of transactions for the calendar year to switch to a new status10 000 $50 000 $100 000 $500 000 $2 000 000 $* When registering with NETELLER via Baxityfree(Bronze Pro)7 500 EURbelow,askbelow,askbelow,askFor more information about NETELLER VIP statuses see the article NETELLER VIP program.NETELLER MasterCardThe NETELLER MasterCard is your opportunity to break your account funds out of the online world and into physical form through cash withdrawals at any suitable ATM across the world wherever the MasterCard is valid. The balance on your prepaid plastic card will always be directly representative of that of your account, available for withdrawal whenever required.As of today, the Net+ MasterCard still remains only exclusively available to EEA (European Economic Area) residents who can order it right from their personal account.Although the card issue is entirely free of charge for Silver statuses onwards, a small $13 fee will be issued for the card delivery to any other account level. By registering with Baxity, your instant Bronze Pro VIP status will triple your maximum withdrawal limit to an attractive $3 300 instead of the regular $1 000. Similarly, it will grant you purchases of up to $7 000 from the standard $3 000, alongside reduced currency conversion rates to 3.79% rather than 3.99%.Any EEA (European Economic Area) residents, a virtual Net+ Prepaid Mastercard® can be ordered completely anonymously as an additional secure payment method for your account. Once your desired transaction is complete, this virtual card will immediately be cancelled for optimal privacy and security.You will naturally have the option to order as many virtual cards as desired, on which the subsequent charges apply:Creating your first virtual card: freeCreation of the second and subsequent cards: 3$The limit of payment for purchases per day: 700 $For more information about NETELLER Net+ PrePaid MasterCard and virtual Net+ card see the NETELLER MasterCard article.NETELLER AppThe NETELLER mobile application lets you carry out many of your most familiar actions:Carry out regular and cryptocurrency transactions from your personal profile and manage them accordingly via your balance, transaction history and portfolioVerify the accountManage the accountThe NETELLER app is available as a free download on Google Play for Android or the App Store for iOS. For more information about NETELLER mobile application see the NETELLER App article.Reviewing NETELLER Deposit and Withdrawal OptionsThe number and variety of options available to an account for its replenishment or withdrawals depend largely on the country of residence the account is registered to. Their unique terms may be consulted at any time from your personal account.Deposit options (2.5% commission for all):from your bank account,MasterCard, VISAbitcoinSkrillPaysafecard and Paysafecashvarious others (see the deposit options in your account).Withdrawal of funds:to bank accounts,on MasterCard, VISAwithdraw money from ATMs via NET + MasterCard (only for accounts from SEPA zone (Single payment zone in euro))in other ways through translations (see options in your account).Serviced and Restricted CountriesWith users across 200 countries, NETELLER is no stranger to foreign borders although its plastic and virtual Net+ MasterCard are strictly limited to EEA residents.NETELLER’s presence and operations across the world can be resumed in three tiers:all served countries with and without Net+ MasterCard@ order access.served countries only with issuance and delivery of Net+ MasterCard@ (EEA countries)unattended countriesFind out where your country lies across these categories by checking the map below:+-Zoom level changed to 1NETELLER serviced countriesThe countries fully served by the platform let their residents:create an account,make transfers and transactions to merchants,to replenish and withdraw money,order the issue and delivery of the Net+ MasterCard (EEA zone only).create virtual Net+ cards (EEA zone only)Countries served with the issuance and delivery of Net+ MasterCardSEPA (Single Euro Payments Area) unifies residents’ payments and businesses in the European Union and consists of 28 European Union (EU) countries as well as 3 additional European Economic Area countries.List of countries served with the issuance and delivery of Net+ MasterCard:AustriaBelgiumBulgariaCroatiaRepublic of CyprusCzech RepublicDenmarkEstoniaFinlandFranceGermanyGreeceHungaryIcelandIrelandItalyLatviaLiechtensteinLithuaniaLuxembourgMaltaNetherlandsNorwayPolandPortugalRomaniaSlovakiaSloveniaSpainSwedenUnited KingdomNETELLER non-serviced countriesList of underserved countries:AfghanistanBeninBonaireBurundiCentral African RepublicChadDemocratic Republic of CongoCubaDjiboutiEquatorial GuineaEritreaGabonGambiaGuineaGuinea-BissauGuyanaIranIraqKazakhstanKyrgyzstanLao People’s Democratic RepublicLiberiaLibyaMadagascarMalawiMaliMauritaniaMongoliaMontserratMyanmarNauruNigerNiueNorfolk IslandNorth KoreaPalauPapua New GuineaSaint BarthelemySaint Kitts and NevisSaint MartinSint MaartenSierra LeoneSudanSouth SudanNorth SudanSurinameSyriaTajikistanTimor-LesteTogoTurkmenistanUnited States of AmericaUzbekistanWestern Sahara