The Exordium : Journal of Socio-Contemporary Issues
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THE EXORDIUM : JOURNAL OF SOCIO-CONTEMPORARY ISSUES Volume-I, Issue-I 2021 PUBLISHER DETAILS: Hoot Welfare Society Registered Office: H. No.-147, New Friends Colony, Jankipuram Extension, Sector-6, Lucknow, 226031 Contact Details: Email: [email protected], Phone: +91-8400117177 EDITORIAL BOARD THE EXORDIUM : JOURNAL OF SOCIO- CONTEMPORARY ISSUES Dr. Amitra Mr. Mohd Wazid Khan Mr. Abhinav K. Shukla Sudan Chakrabortty Assistant Professor of Law, Assistant Professor of Law Head of the School of Legal Glocal Law School, Glocal (Amity Law School, Amity Studies, Seacom Skills University, Saharanpur University, Chhatisgarh) University, West Bengal Email: Email: Email: [email protected] [email protected] [email protected] Dr. Avinash Samal Mr. Shekhar Choudhary Mr. Akhtar Husain Khan Assistant Professor of Political Assist. Prof. of Social Sciences, Advocate at District and Science, HNLU Raipur Glocal University, Saharanpur Sessions Court, Lucknow Email: Email: Email: [email protected] [email protected] [email protected] Mr. Abhijit Anand Ms. Sneha Senior Editor Senior Editor Research Scholar, NLU Odisha PhD Scholar, CNLU Patna Email: Email: [email protected] [email protected] i RESEARCH BOARD MEMBERS (STUDENT) Asma Praveen Himali Sylvester Diksha Garg Rishabh Jain Anshika Singh Sonali Pawan Tiwari Anamta Khan Sabari Gain Siddhantika Vatsa Ayush Kumar Pritha Lahiri Muskaan Aggarwal ii MESSAGE FROM EDITOR-IN-CHIEF Hello all, It is known to all of us that law and society are complementary to each other. We need laws to protect society from turning into the wilderness. And that only moment the role of law students becomes very crucial in order to preserve the peace and justice in the society. Law students should contribute to society in every possible way. Law students can contribute to society either by litigation or legal writing. For impactful writing, law students must be equipped with a variety of skills such as research, writing, drafting, and critical analysis. The scholarly articles or pieces should be precise and follow the excellent modulation of law. If the authors fail in these two dimensions, the whole labor spent in writing the article will be worthless and meaningless even if the content is grammatically correct. Every fact in the content should be thoroughly asserted and backed by proper citations, legal provisions, and judicial authorities. Properly authored articles/pieces will have an unprecedented impact on the mind of the readers. The language of the research piece should also be kept in mind. The authors should not try to complicate the things which they want to convey to the readers. The writing should be in such a manner that can be understood by a layman because the motive of research writing is the dissemination of knowledge. The language should be catchy that can engage and hold the readers. The law researchers should also need not focus on writing everything that they know about the issue. Meaning hereby, the authors/scholars should narrow down the research topic and then try to find and address the research gaps. The word research itself means a detailed and careful study of anything to find new information about it. So, the goal of the researcher should always be to add something new to the existing knowledge. Therefore, I suggest that in order to make a legal writing impressive and impactful, the authors need to identify the gaps in an issue which they want to address. The gaps should be addressed and asserted with proper references and authorities in an easy manner to make an ordinary person understand. - Abhijit Anand, Editor-in-Chief iii TABLE OF CONTENTS Article Name Author(S) Page No. MENTAL HEALTH - A PART OF NOURISHMENT Shatakshi Srivastava 01 BILL MEANT TO PROTECT INDIA’S TRANS Namisha Mohan 04 COMMUNITY MOREOVER LEAVES THEM UNHAPPY AND AGGRIEVED SHOULD LGBT RIGHTS FALL UNDER THE Nashra Siddiqui 07 PURVIEW OF HUMAN RIGHTS? GLOBAL RECOGNITION OF LGBT RIGHTS! INCREASE IN THE RATES OF CHILD Aishwarya Chary 14 MARRIAGES IN INDIA – PROCEDURAL AND SUBSTANTIVE FAILURE OF THE LAWS THAT PROTECT CHILDREN “JUSTICE” – THE CONTEMPORARY Diksha Garg 18 CONTRONYM FAILURE OF THE STATE IN PREVENTING Asma Praveen 21 JUVENILE DELINQUENCY ATTACKS ON RTI ACTIVISTS IN INDIA Neha Kothari 26 REHABILITATION OF SEX WORKERS UNDER Bushra Ahmed 31 CONSTITUTIONAL FRAMEWORK ANALYSIS OF MEDICAL TERMINATION OF Sonali Pawan Tiwari 36 PREGNANCY AMENDMENT BILL 2020 AND RIGHTS OF AN UNBORN CHILD IN INDIA THE INSTITUTIONALIZATION OF GENDER Rishabh Jain 40 DISCRIMINATION UNDERSTANDING THE NEW NORMAL Diksha Garg 43 IS RIGHT TO INFORMATION ABSOLUTE? HOW Nashra Siddiqui 45 EFFECTIVE WOULD RIGHT TO INFORMATION BE IF WAS AN ABSOLUTE RIGHT? REVISION OF THE LEGAL AGE OF MARRIAGE Pritha Lahiri 49 iv FOR WOMEN: A BRIEF OVERVIEW THE GORDIAN KNOT OF THE INDIAN Diksha Garg 55 CONSTITUTION CHALLENGES FACED IN FILLING RTI Kumari Aishwarya 58 APPLICATIO ANTI-TORTURE LAW - THE NEED OF THE HOUR Himali Sylvester 62 IMPORTANCE OF FREE SPEECH IN THE LIGHT Himali Sylvester 65 OF CHANGING POLITICAL AND SOCIAL CLIMATE IMPACT OF RTI ON CORRUPTION Syed Renoba 69 AUTONOMOUS TO CAGED PARROTS: ANALYSIS Garima Dikshit 75 OF THE RIGHT TO INFORMATION (AMENDMENT)ACT, 2019 HOMES TO BATTLE FIELDS - THE SHADOW Himali Sylvester 79 PANDEMIC CRITICISM OF THE RIGHT TO Bushra Ahmed 83 INFORMATION(AMENDMENT)ACT, 2019 WHAT SOCIETY WANTS? Siddhantika Vatsa & 88 Ayush Kumar PROTECTION AGAINST UNJUST TREATMENT Bushra Ahmed 91 DONE IN JAIL CONSTITUTIONAL RIGHTS OF OFFENDERS 95 GLORY AND SUFFRAGE OF A TRANSGENDER IN Adyasha Mishra 100 INDIA v VOL. I THE EXORDIUM : JOURNAL OF SOCIO- CONTEMPORARY ISSUES ISSUE I MENTAL HEALTH-A PART OF NOURISHMENT I. INTRODUCTION Mental health in today's time is a burning topic rather than a self- realization topic. We just centre our thoughts toward the discussion of the issue, which is hardly resolved. Mental health is not an issue to be resolved, but a process that is essential for every earthly being. It is not only about our health but also our wealth, as prominently quoted, “Health is wealth”. In this fast-paced, sullen and monotonous lifestyle, we are leaving behind the most precious gem of our life, our mental health. In the present era, disturbed mental health is a primary reason for many disorders. These disorders are uprooting us from within and leading to a disastrous living. This is absolutely unbelievable! We have involved ourselves so much in a variety of work for being successful that we have forgotten the very basic necessity of our life: our mental peace and happiness. It is true that success is what one wants in his/her life but moving forward without satisfactory mental health is not at all acceptable. Mental health relates to the psychological and emotional well-being. The equanimity of mind in every situation depicts a person’s mental level. Emotions play a significant role in a person’s life but when they cross the normal level, his/her mental health is definitely affected. Just by building a strong physical body does not assure a strong mental health. Muscles are good for show-off, but at the same time lubrication of the brain and the thoughts are mandatory for the proper functioning of the mind (since we work according to what we think). II. PRESENT SITUATION According to the World Health Organization, mental health is determined by a range of socio- economic, biological, and environmental factors. The WHO constitution states, “Health is a state of complete physical, mental and social well-being and not merely the absence of diseases or infirmity.”1It is incumbent upon us to nurse our mental health as a priority since it is the fundamental principle of a happy life. When a person’s mind is untroubled, it will definitely be productive and actively contribute to the betterment of society. In the present scenario, mental health affects the younger generation more than any other generation. Younger people have involved themselves in several activities that simply attack their brain, 1World Health Organization, https://www.who.int/news-room/fact-sheets/detail/mental-health-strengthening-our- response (last visited May 20th, 2021). 1 SHATAKSHI SRIVASTAVA MENTAL HEALTH- A PART OF NOURISHMENT unknowingly. These conditions are not palpable to the parents and often ignored in today’s time. The children languish in a depressive state of mind and continue to be in it till it reaches the extreme level. This extreme level is the major cause for disturbed mental health. The negativities cast a dark shadow over their lives and robs them of their exuberance and liveliness. This acts as a deterrent to the nourishment of the young minds and deteriorates their mental health. Among older adults, there are various mental health problems. For example, older adults may experience reduced mobility, chronic pain, frailty, or other health problems, for which they require some form of long-term care. In addition, older people are more likely to experience events such as bereavement, or a drop in socio-economic status with retirement. All of these stressors can result in isolation, loneliness or psychological distress in older people, for which they require long-term care2. Mental and physical health are like playmates. If one is affected, the other is definitely affected and vice-versa. The physical health problems in adults, like heart disease, have higher rates of depression. Current evidence suggests that 1 in 6 older people experience elder abuse3. This elder abuse not only affects someone physically but also mentally, leaving a long-lasting impact on the brain which ultimately worsens mental health. To speak precisely, mental health is the need of the hour. There is an old adage going this way: “If wealth is lost, nothing is lost. But if health is lost, something is lost.” The word “something” is what I have described earlier.