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Legal and Moral aspects of Zoological Parks, National and International

Legal and Moral aspects of Zoological Parks, National and International

July 11, 2020 • Samiksha Gupta

Recently, an animal rights lawyer, Ms. Sangeeta Dogra, filed a petition in the Supreme Court against Central Zoo Authority of India (CZA) and Union Environment Ministry asking for necessary measures to be taken in the pandemic. SC directed the Centre for regular supply of food and medical facilities to zoos and asked to look into the suggestions presented by the concerned- in person.[1] Section 38, of Wildlife Protection Act, 1972[2], recognizes the rights of animals and plants in zoos and lays down the foundation for Central Zoo Authority. However, animal rights emanate not only from the mentioned act but also from the Constitution of India. Article 51G casts upon every citizen a fundamental duty to “protect and improve the environment including wildlife and have compassion for living creatures.” Other laws protecting animal rights and preventing animal cruelty includes Section 428 and 429 of the Indian Penal Code, Prevention of cruelty to Animals Act, 1960 (PCA Act), to name a few. While animal cruelty is a broad legal, moral, and sociological issue, this article will limit its discussion only to the legal and moral aspect of zoological parks.

[1] Badri Chaterjee, ‘SC directs centre to look into animal welfare concerns during lockdown’ (Hindustan Times, 22 April 2020) <hindustantimes.com/mumbai-news/sc-directs-centre-to-look-into-animal-welfare-concerns-during-lockdown/story-cBUEs3SV7Kp1jEk9P6skZJ.html> accessed 2 July 2020.

[2] Wildlife Protection Act 1972, s 38.


Overview: LOK ADALATS IN INDIA

Overview: LOK ADALATS IN INDIA

July 11, 2020 • Samiksha Gupta

During the last few years, Lok Adalat has been found to be an extremely popular means to alternate dispute resolution in India. Besides being popular, it is way too effective because of its innovative nature and inexpensive style. This system has also received wide acceptance not only from the litigants, but from the public and legal functionaries in general. In India, during the last few years Lok Adalat has been functioning continuously and permanently in every district covering lakhs of places which were earlier longing for justice in a faster way. I have drafted this article in order to bring out the effects and give the readers an overview of it and how it functions.


Overview: SEA-FARERS: RIGHTS AND DUTIES

Overview: SEA-FARERS: RIGHTS AND DUTIES

July 11, 2020 • Samiksha Gupta


Overview: CHANGING DYNAMICS OF POLICE ADMINISTRATION IN INDIA

Overview: CHANGING DYNAMICS OF POLICE ADMINISTRATION IN INDIA

July 11, 2020 • Samiksha Gupta

Police have an important role in the administration of India. Police is the coercive arm of the State, established to perform the basic duty of the State which is maintenance of law and order. Therefore, the police administration has acquired significance at the Central, State, Range, District and Sub-district levels in rural and urban areas.


UNDERSTANDING DESPOTISM BY THE CHINESE STATE AND NONCHALANCE OF COMMUNIST SYCOPHANTS

UNDERSTANDING DESPOTISM BY THE CHINESE STATE AND NONCHALANCE OF COMMUNIST SYCOPHANTS

July 11, 2020 • anshu sharma

Understanding the despotism tactics of the Chinese government.


Emerging Challenges to the Rules-Based World

Emerging Challenges to the Rules-Based World

July 11, 2020 • Samiksha Gupta


Broadly speaking: AYUSHMAN BHARAT

Broadly speaking: AYUSHMAN BHARAT

July 11, 2020 • Samiksha Gupta

Since the 70 years of Indian Independence, healthcare is one of the sectors in the country which is still undeserved and has barely scratched the surface. The United States has one of the most prodigal health systems, but this does not help the U.S. with the well-known reality that it is infamously poor-performing and so does the fact that it is also one of the most intricate of health systems across the globe.


PLEA BARGAINING IN INDIA

PLEA BARGAINING IN INDIA

July 11, 2020 • Samiksha Gupta

Plea-Bargaining as a concept has been useful to both the accused as well to the victim of a crime but enough safeguards are required to be placed to stop possible abuse of this process. Plea bargaining has a rational vision to stop the overcrowding in the criminal courts and prisons and a potential way to improve litigation efficiency, infrastructure, and expenses. Plea Bargaining as a concept may prove to be a very viable alternate in the criminal justice delivery system of India, only if appropriately circulated and applied, therefore benefitting lakhs of undertrials suffering in jails for non-proven crimes and saving high expenses by State in maintaining them. The author in this article has put forward the overview of the concept of plea-bargaining in India and focusing on its advantages and disadvantages, thereby giving the readers a complete outlook of both its pros and cons.


RULE OF STRICT LIABILITY: AN OVERVIEW

RULE OF STRICT LIABILITY: AN OVERVIEW

July 10, 2020 • Apurva Bhutani

Strict liability is a legal doctrine that holds a party responsible for their actions or products, without the plaintiff having to prove negligence or fault. When someone partakes in ultra hazardous activities such as keeping wild animals, using explosives, or making defective products, then they may be held liable if someone else is injured.


OVERVIEW: HUMAN RIGHTS ISSUES AND ENVIRONMENT

OVERVIEW: HUMAN RIGHTS ISSUES AND ENVIRONMENT

July 10, 2020 • Apurva Bhutani

Human rights may foster the protection of the environment and the environmental law may to some extent protect human beings as an element of nature. Protecting human rights and safeguarding the environment, along with achieving peace and security are fundamental values of modern international society.


A comparative study on Ad-hoc and institutional arbitration

A comparative study on Ad-hoc and institutional arbitration

July 10, 2020 • Apurva Bhutani

Are there any hindrances to the traditional litigation procedures created by this relatively new dimension of law ? Who would regulate arbitral institutions in India and what would be it’s composition, modus operandi etc. We tend to explore in this article.


India’s Digital Strike: Preventing a Cyber warfare?

India’s Digital Strike: Preventing a Cyber warfare?

July 10, 2020 • Apurva Bhutani

On 29th June, 2020 the Indian Government passed an interim order banning 59 china linked apps. This is the latest standoff between two superpowers and has affected more than 540 million active Indian internet users and several chinese investors in Indian startups. This is an unprecedented step taken by India and has created a global influence in banning such china linked apps. This article is an attempt to analyze the significance and impact of such a ban.


DESPOTISM OF THE CHINESE STATE AND THE NONCHALANCE OF COMMUNIST SYCOPHANTS

DESPOTISM OF THE CHINESE STATE AND THE NONCHALANCE OF COMMUNIST SYCOPHANTS

July 10, 2020 • Apurva Bhutani

There is no going around or unseeing the fact that China remains the worst modern-day violator of human rights and that it has absolutely disregarded the nature of liberty for its citizens. China has turned its state affairs into such a kafka-esque scenario that even political commentators feel apprehensive of steeping into its muddy waters, thanks to the innumerable instances of oppression that China has on its hands.


Menstruation: Discrimination Of Women And Person With Disabilities

Menstruation: Discrimination Of Women And Person With Disabilities

July 9, 2020 • Architi Batra

Excerpts from the discussion on the topic 'Menstruation & Disability' by the “ Sexual Offences against Person with Disabilities” research team at Niti Manthan.


COVID-19:  Impact On persons With Disability

COVID-19: Impact On persons With Disability

July 9, 2020 • Architi Batra

Excerpts from discussion on 'Present Scenario of COVID-19 and its impact on persons with disability’ by the 'Sexual Offences With Persons with Disability' at Niti Manthan.


Broadly speaking: Community Interests Vs. Individuality

Broadly speaking: Community Interests Vs. Individuality

July 9, 2020 • Architi Batra

This article discusses the Relevance of Duties and Rights in the contemporary world in context of Community Interests and Individuality with their importance and views of different leaders on it, not only in India but in different nations and their effectiveness also seen in the history also.


An Appraisal Of 10 Years Of Competition Law Enforcement

An Appraisal Of 10 Years Of Competition Law Enforcement

July 9, 2020 • Architi Batra

The article discusses the the working of competition commission of India and the enforcement measures used by it.


Review: The Ong Ming Johnson V. Attorney General Judgment (Singaporean Court) Which Deferred From Navtej Singh Judgment (Indian Court) (Section 377)

Review: The Ong Ming Johnson V. Attorney General Judgment (Singaporean Court) Which Deferred From Navtej Singh Judgment (Indian Court) (Section 377)

July 9, 2020 • Architi Batra

The Article reviews the Ong Ming Johnson v. Attorney General judgment of the Singaporean Court which deferred from the Navtej Singh judgment of the Indian Court, regarding Section 377.


Overview: War Crimes- Violations Of International Humanitarian Law

Overview: War Crimes- Violations Of International Humanitarian Law

July 9, 2020 • Architi Batra

The article discusses the topic of war crimes in international law and the major conventions and statues that were formed in the wake of such crimes.


Brief Overview : The Power To Try Crimes Committed Beyond The Territory Of India

Brief Overview : The Power To Try Crimes Committed Beyond The Territory Of India

July 9, 2020 • Architi Batra

Brief overview: What if one commits a crime outside India? And the power granted to try such cases.

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