Mizoram Journalist Association, District Headquarters, Lunglei, Mizoram.

A Brief Report of the Seminar on Access to Justice organised by the Mizoram State Legal Services Authority in collaboration with Mizoram Journalist Association, District Headquarters, Lunglei, Mizoram.

 

          In order to fulfil Public Service Broadcast Mandate and to create public legal awareness across the state, The Mizoram State Legal Services Authority(MSLSA) has been actively organised different successful programmes in co-ordination with Village Councils, Municipal Corporation, Journalist Association, NGOs, Churches, Schools and Colleges etc.

 

          That again on 7th September, 2018 at 10:00am – 5:00 pm, the Mizoram State Legal Services Authority (MSLSA) in collaboration with Mizoram Journalist Association (MJA), District Headquarters, Lunglei, Mizoram had organised a very successful programme on Seminar on Access to Justiceat MJA Press Club, Lunglei, Mizoram. The said Seminar was presided over by Mr.Vanlalenmawia, MJS, Member Secretary, MSLSA. The Resource persons along with their topics in the said Seminar are as follows :-

 

  1. Mr.Johny L Tochhawng, Advocate had presented Procedure of Criminal Cases.

#. Our Resource Person herein stated and explained that the major steps in processing a criminal case are as follows:

. First Information Report, Complaint, how arrest to be made.

. Investigation of the case,

. Chargesheet & Delivery of Documents,

. Trial of the case,

. Evidence

. Argument

. Judgment

. Bail and Responsibility of Bailer

. Appeal

. The Contempt of Courts Act, 1971

  1. Mr. F. Lalthlamuana, Mizoram Police Service, DSP (Crime) had presented Cyber Crime including Cyber Defamation.

#.  Our Resource person defines Cyber crime as a crime where offender used computer and Cyber networks as a tool to perform Hacking, Phishing and Spamming.

#. Sometimes Cyber experts trying to access someone’s personal or business information for their direct or indirect personal benefits. The guys performing such kind of illegal activities over internet called as Hackers.

#. Common Cyber Crimes:Social Media Harassment, Piracy, Hacking, Spoofing, Spam, Phising, stalking, bullying, defamation, online child pornography etc.

#. Common Cyber Crimes in Mizoram : Identity theft, Fake Account, AMT Card Fraud, Romance Scam, Employment Scam, Lottery Scam, Online Buy & Sale Scam.

#. Punishment of Cyber Crime under IT Act, 2000:

Section 66C: Identity Theft : Imprisonment upto 3 years and fine upto 1 lakh

Section 66-D: Punishment for cheating by personation by using computer resources :Imprisonment upto 3 years and fine upto 1 lakh.

Section 66-E: Punishment for violation of privacy: Imprisonment upto 3 years or with fine not exceeding 2 lakh or withBoth.

 

Section 67:   Punishment for publishing or transmitting obscene material in electronic form : Imprisonment upto 5 years and fine upto 10 lakh.

 

Section 67-A: Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form :Imprisonment upto7 years and fine upto 10 lakh.

 

#. Punishment of Cyber Crime under Indian Penal Code:

         

Section 500 : Defamation : Imprisonment for 2 years or fine or both.

 

          Section 506 : Criminal intimidation : Imprisonment which may be extend 2 years or    

                                            Fine or both.

 

          Section 509 : insult to modesty of women : Imprisonment for 1 years or fine or both.

 

          Section 420 : Cheating : Imprisonment for 7 years and fine.

 

          Section 465 : Forgery  : Imprisonment for 2 years or fine or both.

 

Preventive Measures For Cyber Crimes:

Prevention is always better than cure. A citizen should take certain precautions while operating the internet and should follow certain preventive measures for Cyber Crimes which can be defined as:

  • One should avoid disclosing any personal information to strangers via e-mail or while chatting.
  • One must avoid sending any photograph to strangers by online as misusing of photograph incidents increasing day by day.
  • An update Anti-virus software to guard against virus attacks should be used by all the citizens and should also keep back up volumes so that one may not suffer data loss in case of virus contamination.
  • A person should never send his credit card number to any site that is not secured, to guard against frauds.
  •  It is always the parents who have to keep a watch on the sites that your children are accessing, to prevent any kind of harassment or depravation in children.
  • As Cyber Crime is the major threat to all the countries worldwide, certain steps should be taken at the international level for preventing the cybercrime.
  • A complete justice must be provided to the victims of cyber crimes by way of compensatory remedy and offenders to be punished with highest type of punishment so that it will anticipate the criminals of cyber crime.

Conclusion:

Since users of computer system and internet are increasing worldwide, where it is easy to access any information easily within a few seconds by using internet which is the medium for huge information and a large base of communications around the world. Certain precautionary measures should be taken by citizens while using the internet which will assist in challenging this major threat Cyber Crime.

 

  1. Ms.Lalfamkimi, Advocate had presented Prevention of Children from Sexual Offences Act, 2012.

#. Our resource person explained the Act and said that the Ministry of Women and Child Development championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012 to effectively address the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions.

 

#. The POCSO Act, 2012 came into force on 14th November, 2012. The Act defines a child as any person below eighteen years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage.

 

#. Our resource person further stated that the POCSO Act, 2012 is a gender neutral, defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.

 

#. People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act.

#. To provide for relief and rehabilitation of the child, as soon as the complaint is made to the Police, there will be immediate arrangement to give the child, care and protection such as shelter home etc.

 

#. The Act prescribes stringent punishment graded as per the gravity of the offence, with a term of rigorous imprisonment for life and fine, even to death.

 

#. All adults are the guardian Angle to children.

 

  1. Mr.Malsawmdawngliana, Asst. Public Prosecutor had presented The Mizo Marriage, Divorce and inheritance of Property Act, 2014.

#. Our resource person said that this Act extends to the whole of Mizoram except the three Autonomous Districts Council namely Lai, Mara and Chakma Autonomous District Council.

#. This Act applies to any person who belongs to any Mizo tribe and it also applies to marriages where male members of the parties belongs to any Mizo Tribe.

#. As per Chapter – II (Marriage), the marriage price consists of ‘Man pui’ which is not less than Rs.420/-. Notice of intended Marriage is to be given to the Licensed Officer and then the Licensed Officer shall fix the date and place for solemnization in consultation with the concerned parties. Further, every marriage solemnized under this Act shall be registered under the Mizoram Compulsory Registration of Marriage Act, 2007

#. He also spoke about what amounts to void and voidable marriages, degrees of prohibited relationship.

#. From Chapter – III (Dissolution of Marriage) of this Act, he talk about Grounds for dissolution of marriage such as adultery, cruelty, mutual consent etc.

#. Again from Chapter VI (Division of property on divorce), they said that all the movable and immovable properties inherited and acquired, which is not registered in the name of any member of the family are deemed to be the property of the head of that family. He further stated that the right of a woman leaving her husband on sumchhuah, mak and also share of acquired property.

All the Resource Persons had provided hard copies of their respective topics and the same were distributed to all the MJA Members who attended the said Seminar by the expense of the MSLSA.

Mr.Lalthanmawia, MPS, Superintendent of Police, Lunglei and IPRO, Lunglei attended the said seminar as Special Guests.

The Journalists as much as 24 members across every corner of Lunglei District attended this Seminar and they were actively participated in the questions & answers (discussion) round in the said Seminar. Their questions and problems were fully addressed by Mr.Vanlalenmawia, Member Secretary, MSLSA

 

We have received worthy feedbacks from the Journalists who attended the said Seminar.  

 Video coverage of this Seminar was doneby the Staff of MSLSA, the said events were extensively broadcasted as a news item byDoordharshan Kendra, Aizawl, All India Radio, Lunglei&Aizawl Station, Zonet Cable Network at Aizawl, LPS (Cable Network at  Aizawl), LDF(Cable Network at Lunglei), JB (Cable Network at Lunglei). Moreover, since audience were the Journalists by professions, the said events were widely published in their respective newspapers.

© Mizoram State Legal Services Authority, 2012

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