 |
| Only a registered medical practitioner can transplant human organs without any monetary gains, neither to the doctor nor to the donor |
8. Trading in Human organs
Illegal human organs trade racket operates simultaneously with the legal channel for organ donations. The problem is that the demand for organs in India is very high and the supply too little due to socio-cultural reasons. Despite strict regulations, this has become an easy way out for middlemen, donors and some doctors to make quick money by either duping people of their organs or buying organs from the poor illegally by promising them money or jobs.
As per the law, any transplant that is not done in accordance to the Transplantation of Human Organs Act, 1994 is illegal. According to the Act, only a registered medical professional can transplant organs without the motive of any monetary gains. This holds true for donors as well. Moreover, the procedure of transplantation should be conducted only in hospitals authorized to do so. The transplant should be with willful consent of the donor and should not pose any kind of dangers. The punishment for such a crime is imprisonment of up to 5 years and fine up to Rs 10,000 or both. Those who indulge in commercial trading of organs faces a penalty of 2-7 years imprisonment and and a fine of Rs 10,000-Rs 20,000. Moreover, the Medical Council also takes action against the doctor involved in such cases.
9. Dealing in Child Labor
Child labor has been a persistent problem in India for decades. Despite several measures by the government, this problem has refused to die down because the problem of child labor is intertwined with other serious issues such as poverty, unemployment, lack of education, and so on. According to the law, a child is a person below 14 years of age. In 1979, the government had set up the Gurupadswamy Committee, which observed that as long as poverty continued, it would be difficult to completely uproot child labor.
 |
Employing children under 14 as domestic servants, in roadside eateries, restaurants, hotels, motels, teashops, etc is a crime |
Based on the recommendations made by the committee, the Child Labor (Prohibition & Regulation) Act was enacted in 1986. According to the Act, employment of children in certain hazardous occupations is illegal. Other Acts in India such as the the Mines Act, 1952, the Plantation labor Act and the Merchant Shipping Act, 1958 also prohibits child labor under a certain age.
10. Pornography
Though surprisingly the term pornography is not defined in any statutes in India, the term obscenity finds reference in two legislation – The Indian Penal Code, 1860 (‘IPC’) and The Information Technology Act, 2000 (‘IT Act’). According to the IT Act, publishing or transmitting material which is “lascivious or appeals to the prurient interest” in the electronic form is an offense. The offense attracts punishment of a term up to five years and a fine of Rs 1 lakh. In case of subsequent conviction, the imprisonment may be up to ten years with a fine of up to Rs 2 lakh.
According to the IPC 1860, sale of obscene objects to young persons under the age of twenty is a crime that can attract a penalty of an imprisonment for up to three years and a fine of up to Rs 2,000. In case of subsequent convictions, the imprisonment may extend up to seven years with a fine of up to Rs 5,000. This statute also declares a book, pamphlet, paper, writing, drawing, painting representation, figure or any other object also “obscene”, if it is explicit.
11. Gambling
 |
A competition is not considered gambling if it exercises a certain degree of skills |
Public gambling is a crime in India under the Public Gambling Act 1867. The Supreme Court in a judgment laid down a general test for determining what is considered gambling. It says, “That a competition in order to avoid the stigma of gambling must depend to a substantial degree upon the exercise of skill. Therefore, a competition success where it does not depend to a substantial degree upon the exercise of skill is now recognized to be of gambling nature”. This means a competition without a certain degree of skill testing is considered a gambling. According to the Public Gambling Act of 1867, there is a penalty for “owning or keeping or having charge of a gaming house.” That means, a person who is the owner, occupier or having charge of the ‘common gaming house’ is liable to a fine not exceeding Rs. two hundred or a term of up to three months as defined in the IPC 45 of 1860.
| Who should apply for license for playing commercial music? | |
| Restaurants | Amusement parks |
| Art galleries | Banks |
| Banquet halls | Bars |
| Beauty parlors | Bowling alleys |
| Buses | Cafes |
| Casinos | Clubs |
| Dance centers | Discotheques |
| Exercise classes | Exhibitions |
| Factories | Events |
| Guest houses | Hospitals |
| Hotels | Museums |
| Pubs | Shops |
| Source:www.pplindia.org * The list is indicative and not exhaustive | |
12. Playing music in public
Did you know that playing commercial music in public places without paying the license fee is illegal?
According to the Indian Copyright Act, any broadcast or performance of copyrighted music without having a license from Phonographic Performance Ltd (PPL), the apex-licensing arm of the Indian Music Industry (IMI), is considered an infringement. Any person held guilty of the crime, which is non-cognizable and non-bailable, can be penalized for a term of three years and a fine of up to two lakh.
Subscribe to this comment's feed
written by ClubPenguinCheats, December 02, 2010
written by Tonny, August 19, 2010
written by rawraj, November 16, 2009
I thought this article would be on the businesses that are illegal in India but legal around the world(like prostitution). I thought it would cover pornography, strip tease dancing etc, etc.
Everybody knows drugs are illegal. You cannot go and open a shop which with a board saying "cocaine available here cheap"/
written by Gracelyne Fernando, October 24, 2009
i neva knew begging was illegals too..
written by MAJ GEN PINAK PANI DAS, October 24, 2009
WE INDIANS have no desire to improve the system in totality , hence the short . WHY zero on to a few only ?
written by seema malhotra, October 23, 2009
written by dinesh naidu, October 23, 2009
written by Manali Rohinesh, October 23, 2009
written by PARTHASARATHY.G, October 06, 2009
| < Prev | Next > |
|---|
