Theme: Government

Is there any kind of relief or provision under the Special Marriage Act if one of the partners is serving in the armed forces, such as the Army, Navy, or Air Force?

While the Act does not provide any special provisions for armed forces personnel, for the purpose of serving notice, it can be served to the marriage registrar located within either of the partner’s last place of residence so in case one of the partners is away on duty, the other’s place of residence will be applicable. Moreover, section 12 of the Act states the marriage can be conducted in a form and place that the parties may choose to adopt. This provision has been read by the Supreme Court to validate a virtual marriage under the Act. This can be helpful for armed forces personnel who may not be able to be physically present to fulfill the requisites of marriage under the Act. 

Whom does the UAPA apply to?

The UAPA applies to anyone who commits a UAPA crime in India or outside India.1 It applies to Indian citizens irrespective of where the crime is committed and also includes people in Government service, and people on ships and aircrafts registered in India.

Types of persons

Apart from individuals, the UAPA also applies to2:

  • Companies
  • Firms
  • Organisations and associations of persons
  • Any agency, office or branch owned or controlled by the above.
  1. Section 1, Unlawful Activities (Prevention) Act, 1967. [↩]
  2. Section 2(ec), Unlawful Activities (Prevention) Act, 1967. [↩]

What is the difference between sedition and defamation?

Sedition(( Section 124A, Indian Penal Code, 1860.)) is a crime against the State, meaning a crime where violence or public disorder is caused amongst the people as they have been incited against the government. A crime of defamation(( Section 499, Indian Penal Code, 1860.)) is against a person or a group of persons, where words or visual representations affect their reputation.

I have spoken about the lack of funds in the Public Distribution System and have criticized the government for it. Will there be sedition charges against me?

If your speeches are honest concerns and have not further posed any threat to causing any public disorder or violence against the government, there will not be any sedition charges against you. You would be liable for an act of sedition if you have attempted or encouraged people to resort to violence. Under the law it is known as exciting disaffection.

What is an Armed Forces Tribunal?

The Armed Forces Tribunal has been made for the trial of persons in the Armed Forces, which may include persons from the Army, Navy or Airforce. The Tribunal looks into disputes and complaints with respect to appointments, conditions of service, disciplinary proceedings etc. The main branch of the Tribunal is in New Delhi but it has regional branches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur. The tribunals follow the normal procedure as practiced in the High Courts of India and all the proceedings are in English. Persons who are not in the armed forces cannot approach this Tribunal as this is only meant for the armed forces and their trial.

Why is AFSPA a controversial law?

The AFSPA gives too much power to the Armed Forces, even to extent of killing someone only on the grounds of suspicion. This has been seen as opposed to the right to life as granted by the Constitution of India.

Can a case be filed against the army personnels in a Court?

You can only file a case against an army personnel, in a civil court in situations when there is special permission from the Central Government. However, the armed forces, under their own rules and regulations, have their own courts to try their officers (for offences specified under their own rules and regulations). These courts are called the Armed Force Tribunal.

What will happen if a public servant does a favour, but not through any specific action of mine? Will this be considered as corruption?

You can still be punished if you took the money and made the person who bribed you, believe that you were responsible for the favour. For example, you take Rs. 20,000 from Ravi after making him believe that he got the job with the Forest Department because of your connections with the head of the Forest Department. Even if you did not actually have any connections with the head of the Forest Department, you will still be breaking this law.

Can I be punished under the anti-corruption law even if I was not successful in committing the crime?

Yes, if you as a public servant try to steal or sell property given to you as part of your work or take gifts or money unlawfully, you can be punished. It does not matter that you did not succeed. You can be sent to jail for a period of 3 to 7 years and can also be asked to pay a fine.

Example: Mukesh is a police officer. His superior officer has given him gold jewelry for safekeeping, which was returned by a thief during police questioning. Mukesh tries to sell it to Ravi, but the senior officer sees them and stops him. Even though Mukesh failed he is still breaking this law.

Public Servant

You are a public servant if you are:

  • Working for the government
  • Your salary is paid by the government
  • The work you do is a public duty

You can also be considered a public servant if you are:

  • Working for and are being paid by a local authority like a municipality or panchayat.
  • Employed in educational or cultural institutes which get money from the central, state or local government (like the panchayat).
  • A co-operative society engaged in agriculture, industry, trade or banking, and the co-operative society is receiving money from:
    • the government, or
    • a company created by laws passed by the government, or
    • a company that is owned or controlled by the government or aided by the government, or
    • a company in which the government is the majority shareholder.
  • Employed by and being paid by:
    • a company established under central or state laws (for example, the Life Insurance Corporation), or
    • a company which is aided by, owned or controlled by the government, or
    • a company where the government is the majority shareholder (for example, the Air India Limited).