PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,2012 (POCSO) By Muskan Jain

“Anyone below the age of 18 years is a child” as said by the United Nations Convention on the Rights of Child and as stated under section 2(d) of the POCSO Act, 2012.

A child is the one who has no or very less knowledge about the word and the people living therein. Children are immature and do not clearly understand the difference between what is right and what is wrong.

Protection of children from sexual offences act, 2012 intends to protect these children from any kind of sexual abuse by protecting them at the time of the judicial process and by giving them utmost importance so that the things go smoothly and with the best interest of the children.

This act covers sexual harassment^[1], sexual assault^[2], child pornography^[3] or any other form of sexual abuse such as penetrative assault^[4] and non-penetrative assault.

The act states that it is mandatory for a person to report cases related to sexual offences. If anyone knows that a child has been sexually harmed, they are under a legal obligation to file a complaint, if they fail to do so, they may be punished with 6 months in prison or fine or both.

Importance of  POCSO

Children who have suffered sexual offences are traumatized and tend to build a cocoon around themselves by cutting off from the outside world. At these times it is necessary to have a child-friendly procedure where they feel safe. Lack of guidelines on how to deal with children hampers the quality of trial.

Before this act was made, the children were questioned repeatedly and thus made to suffer as they relive the memory again & again. Lack of medical support and improper counselling makes the healing procedure far more difficult. Also, there was no supervision over the mental and physical health of the child before and after the court proceedings were done.

Thus, it became necessary to make laws that took deep care of the affected children by helping them out of trauma and ensuring their protection from any further abuse. The act also ensures the safety of the child while the court is in process and even after the procedures are over.

Sexual abuse and assault of children is a heinous crime and it needs to be addressed effectively so, the POCSO Act, 2012 was made under Article 15(3) of the Indian Constitution which empowers the state (state list) to enact special provision for children.

 PROCEDURE

The complaint can be easily filled at the nearest police station. Right after receiving such complaints, the police personnel are responsible for protecting the child by making arrangements for the necessary medical treatments, also they are required to bring the matter under the Child Welfare Committee (CWC) within 24 hours of receiving the complaint report.^[5]

The child is taken for the medical examination. The examination is carried out in the presence of a person whom the child trusts. If the child is female, the examination is carried out by a female doctor.

The child is called for a trial in special courts^[6] that are child friendly and where his or her identity is kept confidential^[7]. The child is assisted^[8] by professionals and experts trained in psychology, physical & mental health etc. These courts provide for the compensation amount that must be paid to the aggrieved child, which can be used for the child’s medical treatment and rehabilitation. This case must be disposed of within 1 year from the date of filing of the report.^[9]

AWARENESS ABOUT THE ACT

The act was enacted in 2012, that is 65 years after independence. States, along with many Non-government Organisations, are creating awareness among various strata of the societies. Also, the children are being taught about good touch and bad touch so that they can become aware and raise a voice when they feel uncomfortable.

A child helpline number (1098) has also been provided which helps the child register any complaint without disclosing his or her name and other information. The CHILDLINE India has also made a short movie titled ‘KOMAL’, that educated the children about safe and unsafe touch. It also teaches them to protect themselves and seek help from the adults.

Let’s not victimise the victim, rather we must ensure them, their safety in all possible ways. It is important to make the children understand that they have done nothing wrong. Encourage them to speak against the evil, and help them to get out of the trauma.

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^[1] POCSO Act, 2012; section 2(j)

^[2] POCSO Act, 2012; section 2(i)

^[3] POCSO Act, 2012; section 2(da)

^[4] POCSO Act, 2012; section 2(f)

^[5] Ministry of women and child development, model guidelines under sec.39 of POCSO Act,2012; pg. 4; sep2013

^[6] POCSO Act, 2012; section 28

^[7] POCSO Act, 2012; section 24(5)

^[8] POCSO Act, 2012; section 39

^[9] POCSO Act, 2012; section 35

THE DISPROPORTIONATE IMPACT ON WOMEN AND GIRLS DUE TO COVID-19 By Anahita Dube

As we struggle to move forward into a COVID-19 pandemic world we are destined to face a lot many unknown obstacles in our way. With so many hurdles and complications, we often tend to overlook the problems being endured by the women during these tough and complex times. As the socioeconomic status of women and girls is already marginalised it places them into an even more vulnerable situation during emergencies. The pandemic being a global issue of concern has impacted the society and community economically, socially, and culturally. It has not only put women and girls in jeopardy economically but to all other social monstrosities as well.

The COVID-19 pandemic has divulged humankind to various different crises and distresses. Evolving evidence has proposed that the pandemic will likely have a disproportionate impact on women and girls, in regard to the economic scenario in comparison to the men of the community, due to pre-existing discriminating economic norms and double standards^[1]. Women are more likely to be involved and employed in the non-mobile and informal sector. They are paid less in comparison to their male colleagues, have less access to social protection, and so on. With the global outbreak of the pandemic, the level of uncertainty and security has raised concern among the global citizens, especially in women and girls stuck at homes without any source of proper income at the moment. It has been reported that during the global economic slowdown, the employers of both formal and informal sectors will be more inclined towards women lay-offs as they are considered to be "less productive" than their male colleagues^[2].

The pandemic has not only affected the socio-economic aspects for women but has also become an immediate life threat. Women being directly involved in the health and nursing sector are more likely to become affected in the battle of COVID-19. It has been reported that 67%^[3] of women are directly involved in health care work globally while 79%^[4] of women of the South-East Asia region are the health care and nursing staff.

As the pandemic plays havoc with humankind, our community and society struggle with the challenges of violence that still thrives and lives in the deep shadows of our world. The continuous and ongoing battle against domestic violence has become an issue of concern for us all. The violence against women and girls is increasing drastically globally. COVID-19 has not only affected the economic aspect of women's lives but it has gravely impacted their struggle with domestic violence. There is a dire need to shield and safeguard the women and girls enduring the domestic atrocities. They should be freed from the clutches and cruelty of domestic violence.

The economic, social, and cultural distress of pandemic is still at an early stage. It has been reported that the state support for the welfare and safety net measures might be an effective approach and can relive the widespread economic stress^[5]. In case for women, it was observed that MGNREGA spending could be substantially increased as women participate in it in higher numbers than men, and wage inequality between men and women in MGNREGA is comparatively lower than in other jobs^[6]. The domestic workers and home-based workers have a right to leave with pay during the lockdown period and the government needs to ensure that they are not being discriminated and  deprived of their rights. The governments should also ensure the due safety and security for health care workers as well. The uphill battle with the pandemic is strenuous and stressful for the humankind and to survive through this the humanity needs to come together. It is the responsibility of global citizens to overcome all the injustices and evolve towards a new era.

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^[1] Reliefweb.int (2020), https://reliefweb.int/sites/reliefweb.int/files/resources/policy-brief-the-impact-of-covid-19-on-women-en.pdf (last visited Jun 24, 2020).

^[2] The COVID-19 Lockdown Will Ravage Prospects for India's Female Workforce, The Wire (2020), https://thewire.in/women/coronavirus-women-economy (last visited Jun 24, 2020).

^[3] Opinion | Impact of COVID-19 on women in developing nations will be harsher, Livemint (2020), https://www.livemint.com/opinion/online-views/opinion-impact-of-covid-19-on-women-in-developing-nations-will-be-harsher-11587570543867.html (last visited Jun 24, 2020).

^[4] Opinion | Impact of COVID-19 on women in developing nations will be harsher, Livemint (2020), https://www.livemint.com/opinion/online-views/opinion-impact-of-covid-19-on-women-in-developing-nations-will-be-harsher-11587570543867.html (last visited Jun 24, 2020).

^[5] The COVID-19 Lockdown Will Ravage Prospects for India's Female Workforce, The Wire (2020), https://thewire.in/women/coronavirus-women-economy (last visited Jun 24, 2020).

^[6] The COVID-19 Lockdown Will Ravage Prospects for India's Female Workforce, The Wire (2020), https://thewire.in/women/coronavirus-women-economy (last visited Jun 24, 2020).

THE INDIVIDUALITY OF LAW OF TORTS IN VISHAKHAPATNAM GAS LEAK INCIDENT By Tanisha Gawde and poster by eesha vij

Law of torts is a type of law that brings into consideration different types of wrong that is done against an individual. Law of torts is uncodified law in India that means it is not part of the systematic code of law. However, it has its share in many Indian laws that are in force, for instance, negligence in motor vehicle Act, consumer protection Act and Indian contract Act, trespass, conversion malicious prosecution and defamation in Indian Penal Code and many other laws. In other words, tough remedies under the law of torts for tortiuous fault is not enforceable in India but our right to get protected from these offences are taken care of by various other laws as mentioned above. In the law of torts, there is – Fault liability and No-Fault liability. In Fault liability, the burden lies on the plaintiff to prove that the loss suffered by him was the result of negligence or wrong intention on part of the defendant. Offences like Nuisance, conversion, trespass, malicious prosecution, defamation, assault, battery and false imprisonment are part of fault liability. On the other hand in case of no-fault liability, the defendant stands legally responsible for the loss occurred irrespective of the presence of any negligence or bad intention or any fault on his part. Vicarious liability, absolute liability and strict liability are part of no-fault liability.

Countless incidents like a gas leak that recently took place in Vishakhapatnam calls for our attention on no-fault liability especially on the part of strict and absolute liability.  Absolute and strict liability deals with the situation where a person is held responsible for harm even if the person takes reasonable precaution to avoid any causality or where there was no negligence or ill will on part of that person. Incidents like Bhopal gas Tragedy, Chernobyl disaster and on recent count gas leak in Vishakhapatnam as mentioned above moves around strict and absolute liability. Both the liabilities are of the same nature but there is a minor difference in their essentials. To understand the difference between absolute and strict liability it’s important to understand its essentials.

Essentials of strict Liability^[1]:-

-        A dangerous thing must be brought by a person on his land.

-        That dangerous thing must escape from the vicinity of the premises.

-        The thing must be brought for the non-natural purpose.

Before understanding one major difference between absolute and strict liability it is important to focus on another difference i.e. exceptions. Unlike in the case of absolute liability in strict liability, there are few exceptions that favour the innocence of the defendant. Exceptions are:-

         i.          Plaintiff's default

       ii.          Act of God

     iii.          Consent of the plaintiff

      iv.          Act of the third party

       v.          Statutory authority

Essentials of Absolute liability^[2]:-

-        A dangerous thing must be brought by a person on his land.

-        That dangerous thing must escape from the vicinity of the premises.

-        The thing must be brought for the non-natural purpose.

-        The thing must be bought on land for commercial purposes.

One of the major differences that come with absolute liability is that the thing is bought on land for commercial purposes.  This is one of the reasons that the  defendant is found absolutely liable for the harm caused due to the escape of the dangerous thing from the premises, without any exception in favour of the defendant. Recently a poisonous gas leaked from a storage tank of an industry owned by a South Korean company named LG Chem. Police have charged the manager of the company for culpable homicide since the incident took 11 lives^[3]. The report further says that-‘Hundreds were taken ill and rushed to the hospital, while thousands were evacuated from surrounding villages’^[4]. The incident is said to be reminiscent of the Bhopal gas tragedy.

When we talk about such incidents we need to understand whether it will come under absolute liability or strict liability or would not come into any of these liabilities. To come to a conclusion we need to check the concurrence of the incident with the essentials of absolute and strict liability.

-   First essential is that a dangerous thing must be brought on land. And in this case, there was the presence of lethal gas in the factory.

-Second essential is that the dangerous thing must escape from the premises. In this case, a colourless harmful gas escaped from the factory.

-Third essential is that the thing must be bought for some unnatural use. Here, the gas was bought on the premises for attainment of the task for which such gas is rarely used. Hence the gas was bought for the non-natural purpose.

- To make the case of strict liability or absolute liability we need to see whether this case conforms to all the essentials of absolute liability or not. Here the gas leak took place in a polymer factory which was set up for the commercial purpose. Hence the case falls under absolute liability making the owner absolutely liable for the consequences of any harmful repercussions. This case of gas leak in Vishakhapatnam is not the single gruesome case that happened recently; a gas leak at the paper mill in an industrial area in Raigarh Chhattisgarh and a boiler blast at a thermal power station in Tamil Nadu where many people were injured are also examples of such harmful incidents. The role of absolute and strict liability is to make a person accountable under whose care such incident took place despite his care or carelessness because such incidents have a huge or sometimes lifelong impact on lives of people and sometimes no fault on part of defendant does not give him the way to be released of all the liabilities arising from such horrifying incident. And these are the incidents where no fault liability, a part of the law of torts, takes a special and important space in our legal system.           

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^[1] Law of torts,R.K Bhangia,24^th edition.

^[2] Ibid.

^[3] BBC News, (May 8, 2020) https://www.bbc.com/news/world-asia-india-52586999#:~:text=Indian%20police%20have%20filed%20charges,of%20Visakhapatnam%2C%20Andhra%20Pradesh%20state.

^[4] Ibid.

ONLINE DEFAMATION AND WHY A LAW IS NEEDED FOR IT By Xenia Khan

The use of technology has become like drinking a glass of water, one might survive without water but in today’s world living without technology sounds like a joke. The growth of technology has made life easier, and humans dependable on it. Though the concept of online defamation is new, the definition for defamation which is used traditionally is used to describe the concept of online defamation, the new concept involves injuring the reputation of a person through virtual mode.

The modern trend of updating daily life online on social media has increased the chances of defamation. People commenting on their views and making judgements, one or another leads to hurting of feelings of a person, and has, therefore, increased the risk of a person’s feeling getting hurt.

Court stated in the case of Dixon v. Holden^[1]  that, “A man’s reputation is his property, and if possible, more valuable, than other property.”

In India, defamation comes under both civil and criminal offences, and the judiciary system provides, with the legal remedies for the said victim. Defamation is defined under Sec 499 of Indian Penal Code (IPC), under which both libel and slander are criminal offences. Libel, is a representation made in a permanent form, e.g., written, picture or statute, etc. Whereas, Slander, is an ephemeral publication of a defamatory statement made through words or gestures. Section 500 of IPC provides for the punishment, for the person held accountable under Section 499, the person is to be punished with two years of imprisonment or fine, or both.

Essentials of Defamation^[2]

1.      The statement must be defamatory.

2.      The statement must refer to the plaintiff.

3.      The statement must be published.

4.      The 3^rd party should believe the defamatory statement to be true.

⮚       The statement must be defamatory: defamatory statement is the one which leads to causing harm to the reputation of a person (the plaintiff). To defame someone is to demean someone, by making a statement, in the eyes of rational thinkers of the society.

          In ‘Salmond on the Law of Torts’, the following is mentioned about defamatory statement:-

                      “A defamatory statement is one which has a tendency to injure the reputation of the person, to whom it refers; which tends, that is to say, to lower him in the estimation of right-thinking members of society generally and in particular to cause him to be regarded with feelings of hatred, contempt, ridicule, fear, dislike or disesteem,”

⮚      The statement must refer to the plaintiff: the plaintiff needs to prove that the defamatory statement was directed towards him. It is not necessary for the plaintiff’s name to be mentioned, if the person can still be recognized, the defamatory statement can be made in a metaphorical way.

       “If the label speaks of a person by description without mentioning the name in order to establish a right of action, the plaintiff must prove to the satisfaction of a jury that the ordinary readers of the paper who knew him would have understood.”^[3]

⮚      The statement must be published: The communication of the defamation needs to be made with someone other than the person defamed, as defamation is an injury to a person’s reputation. Any statement made personally to someone, without the presence of the third party, doesn’t amount to defamation. Unless the statement is published, no civil action can be taken for defamation

⮚      The 3^rd party should believe in the defamatory statement to be true: the third party should have the knowledge that the statement made is describing the plaintiff, or is directed towards the plaintiff.

What is Online Defamation?

Cyber or online defamation is made through an electronic device connected to the internet, where the computer or other devices are used for defaming someone. Our Constitution indeed provides us with the right to ‘Freedom of Speech and Expression’, but there are also limitations to the right, one of which is to use the freedom in a rational way, the freedom is given to us, to express our views about any wrong and unjust situations, not for causing any harm to the reputation or feelings of a fellow citizen. 

The remedies provided for defamation, are specifically for the cases that take place on physical space rather than on an online platform. As it is mentioned earlier that defamation is both civil and criminal wrong, the aggrieved person can file a plaint in civil against defamation under Tort, or can file a complaint under IPC. In cases of defamation made in physical space it is easier to trace and track down the person who made the statement, whereas in cases of defamation made online, it’s quite a difficult job to trace down the person, as in the cases of online defamation the matter is much global and there’s a high chance for it to be ‘viral’, though it is not impossible to track down that person.

With the increasing numbers of internet usage, it gets difficult to find out the culprit, because for e.g., if someone publishes a blog or a post causing harm to the reputation of a person, finding out who was behind it takes strenuous efforts, as while making an account people don’t always give authentic information about themselves, once a defamatory post is published on websites like Instagram and Facebook, it is only a matter of seconds for it to be viral. If you see something offensive on Instagram or Facebook or Twitter, the website tells you to either report the account or to just block it, but does blocking or reporting the accounts to solve the issue of an individual regarding defamation? It’s clear, things that are said and done on social media affects the mental health of an individual more than we would like to admit, with the involvement of social media in daily life, it certainly needs to be a safe space for everyone.

How can India deal with online defamation?

1.      Firstly, the most important way of curbing an issue is to make sure that there’s a law regarding the same enforced in the country. There is a law regarding offline defamation, but the issue arises when the same law is used while dealing with online defamation.

2.      When it comes to the laws regarding defamation, the laws should be flexible enough to be applicable on all the social media platforms.

3.      And lastly, the lack of awareness regarding online defamation should be dealt with, and lack of importance that people give to cases of online defamations, needs to be dealt with too.

With decades passed India is still following many laws and rules that were established during the British British Era but, the efficiency of those laws are not as high as they were during that period. The problems faced by the modern and digitalized society are not completely dealt with the laws that were made decades ago. For a country like India, which is thriving to be digitally empowered, isn’t it necessary for the government to make sure that the citizens feel comfortable enough to be on the internet? Because digitalization doesn’t only mean turning paper currency to plastic.

The law of defamation is full of flaws, one of the reason is that it was made by British, who no doubt made laws to protect their own; laws were made to protect the Englishmen against any rumours that were being floated against them, other being that, in civil law for defamation is not codified as legislation and hence, depends on judge-made law.

Thus, there is an urgent need for defamation law to be amended and to provide remedies for the ones aggrieved.

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^[1]  1869 7 Eq. 488.

^[2]to   Dr R.K. Bangia, Law of Torts, 24^th ed., p. 151.

^[3] Jones V. Hulton & co., (1909) 2 K.B. 444, at 454

MEDIATION IN FAMILY LAWS IN INDIA By Renika Yadav

Mediation is the effective alternative conflict resolving method where with the assistance of a third person (Mediator) the disputant parties reach a mutually satisfactory agreement through facilitating negotiations. It is a cost effective and non - adversarial method of dispute resolution with high efficacy. Resolving conflicts via mechanism of Mediation nowadays can be found not only in corporate law but also in family law.

Legislature provides numerous provisions for mediation, conciliation and settlement before litigation in the court. Section 89 of Civil Procedure of Code provides for alternative dispute resolution procedures to be followed in the cases where there is a possibility of a settlement. Section 9 of the Family Court Act, 1984 provides to settle a matrimonial dispute in relation to maintenance, child custody, divorces, etc., through the process of mediation. It is also mentioned to refer the parties in question to visit a Mediation Centre. These centers effectively lessen the burden of courts that are already dealing with a heavy backlog of millions of cases.  Similar provisions are provided in Section 23(2) of the Hindu marriage Act, 1955 where the first  duty of the court is highlighted consistently as per the nature and circumstance of case to make an effort to bring reconciliation between the parties adhering to their consent. The court may also adjourn the proceedings for a reasonable period and refer the matter for the purpose of reconciliation to a person at the desire of the party. However, if the non- adversely process is to be found unsatisfactory or unfair or where no settlement can be concluded, the legal and formal system can be approached by the parties.

In case of family and marital disputes the idea of bringing up the matter in the presence of a third party may seem hostile. Such cases include not only financial and legal aspects but also involve sentiments, emotions, psychological well being, personal liabilities and responsibilities etc. Mediation itself is an interest based procedure, encountering a situation constituting conflict of interest is unavoidable and it is hard to accomplish a win/win situation for both the parties. Engaging in dialogues and coming up with agreeable settlements considering the interests of the disputant parties can serve as a solution.

In cases of divorce, mediators play the crucial part. They must be thorough with their evaluative role and be competent enough to direct and guide the parties to achieve amicable solutions. Appointment of Mediator is done by the court by affirmation and conformity of the lawyers. Clients can be informed about ramifications and rights at every juncture of the proceedings before concluding to a decision by their lawyers, it reduces the possibility of unawareness.   Mediation sessions can also take place without the presence of attorneys as per the desire of the disputants, continuance of the mediation process shall be maintained until a final agreement is reached which can later be settled by their individual lawyers.  Instead of forcing options, a skilled Mediator can form a balanced ground providing both the parties with sensible choices that serve common interest for the both.  Especially in the cases involving child custody, where responsible decisions must be made maintaining the interest of not only the parents but also the child . Severe consequences can be avoided if the parents are made aware of the disruptive outcomes that may evolve and affect the child.

Through mediation divorcing couples can easily avoid the hostile approach and can come to a beneficial outcome by taking constructive and progressive approaches. Sometimes in a divorce situation the couple may focus on the revenge phenomenon or self-interested advances that delays fast resolution resulting in ongoing back and forth unfruitful conversations. Both the parties have freedom to express their concerns, they receive a neutral approach from the mediator, privacy remains intact, families can conclude the outcomes that they seek. Moreover, they can avoid litigation which may cost them relatively more and hence, it is cost- effective. Confidentiality is maintained contrary to the trial where the proceedings are part of the public record. Impartial balance along with substantial justice is another key factor that is maintained in the mediation processes. A considerable amount of success in countries that have developed a proper infrastructure for performing family dispute resolutions through mediation such as U.S.A, Australia, and U.K . India can also achieve substantial success rate if knowledge and importance of alternative dispute resolutions is emphasized more within the country. 

ENSURE MARGINALIZED POPULATION CAN ACCESS HEALTH CARE WITHOUT DISCRIMINATION By- Rahul Kumar Roy

The globe is witnessing a ‘‘once-in-a-century pandemic’’, i.e novel coronavirus or COVID-19. We are living in a decade of COVID 19, a decade which will never be forgotten in the coming years. The current numbers of people affected by this virus is approx 8 million, the casualties are 4 lac and the death toll is rising at an exponential rate. This pandemic has created a situation that we never dreamt of. Casualties in such a huge amount brings a lot of responsibilities on the shoulders of people working in the fields of science, research and medicine. Medical and research fraternity all around the globe is continuously working for the effective development of the COVID vaccine but it is yet to be discovered. The government has made several plans, implemented lockdown, 3 times and has even asked for maintaining social distancing^[1]. The main motive behind implementing a countrywide lockdown was to somehow control the spread of this contagious disease but, there is no inkling which can give us a hope that the spread can be controlled! Medical staff all over the world lying on the frontline are putting their lives at risk every single day and are under constraint to work overtime while striving to save those affected with the virus. This deadly virus has drastically changed the meaning of what life meant to us, what the healthcare system, the doctors, nurses and the medical staff meant to us. The police at the same place are striving with their health on duty and off-duty too; lockdown brings a lump of responsibility on their shoulders for effective implementation of govt. orders. During this pandemic, several corona warriors have sacrificed their lives for their country.

Talking about how this lockdown has affected the marginalized group is way beyond our thinking. This lockdown has intersected with their existing vulnerabilities^[2]. In a diverse country like India, we have a wide range of population falling under the ambit of marginalized or vulnerable. People who belong to the category of SCs, STs, women in tribal areas, disabled class, migrant groups and aged people fall under this category. They are excluded from the society based on their economic, social, and political status. Many people are residing in slums, where families survive in small rooms and share public toilets, maintaining social distancing is almost impossible to execute. They generally earn their livelihood by working in sanitation contracts, as a sweeper, or work in a hospital in disposing medical waste. This brings with itself a huge risk of getting infected by the prevailing virus. Since they are marginalised, it becomes impossible for them to avail proper medical facilities. We all know about the sky touching fees in private hospitals, they are being exploited based on their income, they are denied access to treatment just because they can't afford the treatment offered by private hospitals, the only options that they are left with is to head towards government-aided hospitals. But, the conditions of these government hospitals are way worse than we can imagine, all the beds are already occupied by the symptomatic corona patients making it very difficult to get admitted for treatment. This excruciating condition of hospitals raises several questions on India's healthcare facilities. This has caused several risks for those women who are pregnant and are on the verge of delivery because most of the hospitals have either become COVID hotspot or have issues related to adequate transport facilities. India already stands in second place when it comes to maternal mortality death, the number of maternal mortality in tribal areas of Rajasthan is way more than death in the state as a whole. In rural tribal areas, women are widely affected with malnutrition, they face unequal access to health services, lack of sanitation, hygienic accommodation, safe drinking water they all contribute to their risk of getting affected more frequently. 

We all know that the spread of the coronavirus has started to gain mind-boggling rise after the event of Tablighi jamaat at Hazrat Nizamuddin^[3]. It was after this illegal gathering, the corona gained its pace in destroying humanity. The motive of this article is not to hurt anyone's religious sentiments but, it is acclaimed by several activists and news experts that this event acted as a vector in the spread of corona. The event further created several myths about the Muslim community, which resulted in a change of behaviour of people towards this community. The result that came was that wherever they used to go, local clinics and medicos started denying them with the basic health treatment, giving the reason that they may have attended the religious gathering at Nizamuddin. 

In the current situation, the government must ensure that marginalized people living in slums are provided with adequate healthcare facilities. The biases in providing healthcare to those who are marginalized must be removed. They must be provided with the basic amenities for their survival. In this time of hardship, we all have to stand together to fight against this pandemic. In the end, I would like to conclude by stating a quote of Roy.T.Bennett –‘‘challenges and adversity are meant to help you know who you are. Storms hit your weakness, but unlock your true strength’’ 

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^[1] https://www.livemint.com/news/india/govt-calls-for-social-distancing-as-confirmed-coronavirus-cases-rise-to-124-11584384445401.html

^[2] https://amnesty.org.in/opinion-the-novel-coronavirus-and-its-impact-on-the-most-marginalised-communities/

^[3] https://www.aljazeera.com/news/2020/04/tablighi-jamaat-event-india-worst-coronavirus-vector-200407052957511.html