Blogs
Broadly Speaking: Legal system evolution in India
July 28, 2020 • Snehal Asthana
India incorporates a recorded legal history ranging from the Vedic ages. It's believed that ancient India had some type of system in situation even during the Bronze Age and also the Indus Valley civilization. Law as a matter of non-secular prescriptions and philosophical discourse has an illustrious history in India. Secular law in India varied widely from region to region and from ruler to ruler. Court systems for civil and criminal matters were essential features of many ruling dynasties of ancient India. This article describes the evolution of the legal system from the ancient period and what is the situation post- independence through the lens of literature.
What are the Labour Laws which are Suspended amidst COVID-19
July 28, 2020 • Snehal Asthana
With the aim to boost economy amid the lockdown due to emergence of COVID-19, several state governments have decided to suspend most of the labour laws in their respective state via ordinance. This has been done with an aim to give curb the effects of lockdown on Indian economy and provide employers with more flexibility to run their factories. This might give a much needed boost to the economy and benefit the employers but these have raised few concerns regarding the safety and Security.
Predatory Pricing and its Legal Remedy in India
July 28, 2020 • Snehal Asthana
Predatory pricing can be defined as a pricing strategy where the prices of goods and the services are fixed at such low level that it becomes almost impossible for the other firms to compete in the existing market and are thus forced to go out of the race. This article lays down a brief introduction of the predatory pricing and the provided legal remedies.
The Growth of Cryptocurrency its Challenges and Impact on Legislation in India
July 28, 2020 • Snehal Asthana
Cryptocurrency started to be used in many countries as soon as its system became widespread. Countries have begun to create their own cryptocurrencies as well. Along with this increase in the dimensions of cryptocurrencies across the world, some regulatory needs have arisen. Many countries have been regulating their legal and economic infrastructures to cover cryptocurrencies, and many others have been on a quest to do so. The use of virtual currency has become widespread in many different systems in recent years. This article investigates the user's expectations of the future of cryptocurrency.
White Collar Crime: A Crime under Invisibility Cloak
July 28, 2020 • Snehal Asthana
For the first time, the report of the Santhanam Committee attached the great importance to the emergence of crime and abuses known as “white collar” crime, which is also recognized by the report of 29th Law Commission in 1972. The study of the committee acknowledged the advent of the “mass society” with a tiny elite controller, promoting monopoly development and a deviation from ethical behaviour. White-collar crime is invisible in many different respects. The article will briefly outline some major questions dominating discussions of how this vast group of offences can be controlled.
Doctrine of Part Performance under Transfer of Property Act, 1882
July 28, 2020 • Snehal Asthana
The Doctrine of Part Performance enshrined in Section 53-A of the Transfer of Property Act, 1882 through examining the essential ingredients of the said Section, its applicability, its object, its essential conditions, and also by studying the difference between the Indian Law of Part Performance and its English counterpart.
Cyber Delinquency in India
July 28, 2020 • Snehal Asthana
The word "cyber" is slang for anything relating to computers, information technology, internet and virtual reality. Cyber crime is a growing threat to the all round development of the society. The increasing use of laptop and mobile phones among today’s youth has had a worrisome consequence — it has given sexual predators, pedophiles and other criminals a way to zoom in on the vulnerable targets.
Legalization of Betting: Pros and Cons
July 28, 2020 • Snehal Asthana
Gambling and other forms of betting are the common thorough out the world. In India, people bet on animal fights on the street, cock fights, playing card games. Over a period of time, the people have started betting on the cricket and other national sports. With several corers of money being transacted illegally and the government’s failure to end the menace, there is a wide spread comment about the need to create a robust regulatory framework for legalizing gambling.
Role of Energy Laws in Holding the Spirit of Sustainable Development in India
July 28, 2020 • Snehal Asthana
This article aims to examine the importance of energy laws in holding the spirit of sustainable development, especially in the Indian context. The article tries to list the existing Indian legislative framework in the energy sector. The article also tries to recognize the key players for the development and implementation of sustainable energy and its laws, the challenges faced in the sustainable energy sector, the role of international agencies in policymaking for sustainable energy, and the need for a new paradigm in the energy sector for sustainable development.
Need for a Global Disaster Management Body
July 28, 2020 • Snehal Asthana
Disasters have no boundaries; be it natural disasters or man-made disasters. They cannot be stopped from occurring but they can be managed. Every nation needs laws and mechanisms and bodies for Disaster Management. However, there is also a dire need for establishment of a global Disaster Management body for managing global disasters at large. This article talks about the Indian legal framework for Disaster Management, the present framework for Disaster Management at the global level, the challenges faced for setting up international standards for Disaster Management and lastly this article also enlists certain recommendations for management of disasters at a global level.
Transgender Studies: An India Case Study
July 26, 2020 • Architi Batra
IMMIGRATION IN INDIA:overview
July 25, 2020 • Samiksha Gupta
India has a long history of immigration. There have been large inflows of people from neighboring countries like Bangladesh, Nepal, Tibet, Myanmar etc., which has even made significant changes in the demographic profile of some states in India. India is also fast emerging as a destination for many multinational companies (MNCs) to outsource some of their operations. Medical tourism is the new addition in the list of immigration to India but there exists the problems and concerns of cross-border migrants, and India's policy stance in dealing with immigration.
DK Basu Guidelines On Custodial Violence and Its Relevance In Present Times
July 25, 2020 • Samiksha Gupta
The case of DK Basu v State of West Bengal, gave a landmark judgment where guidelines regarding the arrest of a person were prescribed. It prevents any contravention with the rights of an individual during arrest and thus, protects all the citizens by certain procedures established by law. Although now, the proper procedure has been established by law and anyone who does contempt of court is liable to be punished, still, there are crimes which happen inside the police’s custody, for instance, police officials refuse to file an FIR, or does something due to which many innocent people have to suffer injustice and due to which there is infringement of the fundamental rights of the citizens. Therefore, more strict laws should be made so that innocent people do not suffer. Also, the torturous and cruel approach of police in dealing with arrestees demand a robust change. The Supreme Court had to interfere in such a situation and the decisions taken by the bench were appropriate and just in my opinion. In this article, I have tried to give a complete overview of the judgement in the case and also the impact it created as well as the current relevance of the guidelines at this juncture.
20 years of 21st century vis-à-vis the 20th century: Democracy an Supreme Court
July 25, 2020 • Samiksha Gupta
When the soul of India finally found a distinct and independent utterance on 15th August 1947, Nehru encapsulated the dreams of millions in his “Tryst with Destiny” speech. Vacant of poverty, devoid of caste prejudices, untouched by ignorance and narrow-mindedness, religious freedom and equal protection to all was the dream of the 21st century India. How far have we progressed towards the dream? Sir Kenneth Wheare proclaimed it as “the biggest liberal experiment in the democratic government”. The fact that it still runs unfractured in a country with a religiously and culturally diverse population of 1.2 Billion might be the greatest achievement in the history of democracy. Nowhere else in the world and never before in the history, has one-sixth of the human race existed together as a single political entity, as remarked by Nani Palkhivala. Though while glorifying one’s achievement, one must not sweep mishaps under the rug. The late twentieth century almost witnessed the death of Indian democracy, economic catastrophe and the birth of judiocracy. This article will shed light to how the relation of democracy with politics, economy and judiciary evolved and where are we now in 20 years of 21st century.
Surrogacy Laws in India: Overview
July 25, 2020 • Samiksha Gupta
In today’s world where the technology is ruling everyone, how can the medical sector not get benefit of this. Almost 1/3rd of the great technological advancement in the world is linked to the medical sector and one such great achievement is in the sector of surrogacy. Who could have imagined that there could come a time where a women could become a mother by not even going through the pregnancy process, without even using her own embryo for the birth of her own child. But the medical science has proven than anything is possible in this world. The author in this article has mentioned his views concerning the new surrogacy laws in India and how these new regulations have affected the intended parents and the surrogate both economically and mentally. The author have also taken an overview of the surrogacy law and its different types and method which ultimately has become very controversial to follow.
EXTRADITION LAWS AND TREATIES IN INDIA: Overview
July 25, 2020 • Samiksha Gupta
Ordinarily each states exercises complete jurisdiction over all the persons within its territory. But sometimes there may be cases when a person after committing a crime runs away to another country. In such situations, country affected finds itself helpless to exercise jurisdiction to punish the guilty person. This situation is very detrimental to peace and order. In such a situation peace and cooperation can only be obtained when there is international cooperation between the states. There is a social need to punish such criminals and in order to fulfill this goal, the principle of Extradition has been recognized.
Police Accountability amidst rising Police Brutality
July 24, 2020 • Samiksha Gupta
ARTICLE 370 AND ITS ABROGATION: Overview
July 24, 2020 • Samiksha Gupta
Article 370 has been a bone of contention for many years now between the Central Government and the people of Kashmir. At the same time, it has been a big cause of concern between India and Pakistan as well. The Article in question is Article 370, and in order to know why the persistent problems of communism, terrorism and separatist movements have been giving Indian Government some serious trouble, the origin and nature of this Article is something which should be understood in detail. This is what will be the theme of this essay, to plunge into the ever-controversial Article 370 by analysing its background, the nature of the Article. The author in this article has put forward the overview of the concept of Article 370 in India and focusing on its after-abrogation effects , thereby giving the readers a complete outlook of both its pros and cons.
Encounter: Justice or state sponsored terrorism?
July 24, 2020 • Samiksha Gupta
In the backdrop of the growing outrage in the country over the faux encounter, questions have been raised over the legality and appropriateness of the police action leading to the debate that ‘whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victims and the recent encounter of Vikas Dubey highlighted the need of stricter laws.
KIDNAPPING & ABDUCTION – PROVISIONS AND DIFFERENCES
July 24, 2020 • Samiksha Gupta
Sections 359 to 369 of the Indian Penal Code have made kidnapping and abduction punishable with varying degree of severity according to the nature and gravity of the offence. The underlying object of enacting these provisions is to secure the personal liberty of citizens, to give legal protection to children of tender age from being abducted or seduced for improper purposes and to preserve the rights of parents and guardians over their wards for custody and upbringing.