Blogs
Female Criminality in India
July 28, 2020 • Snehal Asthana
Women criminality rates have increased drastically since last few decades globally. This article tries to analyse some of the various factors which contribute and accelerate the criminality amongst women. It also tries to examine the nature of the crimes committed by women and how it is different from the traditional crimes committed by them. Lastly, this article also enlists certain measures that could be taken to potentially reduce the criminality rate amongst women in India.
Overview: Right to Health as a Constitutional Right in India
July 28, 2020 • Snehal Asthana
Every individual has a right to stay healthy and have access to healthcare facilities especially in these trying circumstances. This article tries to explain the key aspects of the right to health and how the right to health was given a place in the Constitution of India. This article further tries to look at the right to health of specific groups of people such as women, children and adolescents, persons with disabilities, migrants and persons living with HIV/AIDS. Lastly, it tries to examine the obligations and responsibilities of the State with respect to the right to health and holding States accountable for the same.
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.
Mental Health Statutes in India: Broad overview
July 28, 2020 • Snehal Asthana
An understanding of mental health care- from a legal, human and ethical point of view is extremely needed especially in today’s times. This article tries to give a comprehensive understanding of mental health care and the factors affecting the same. It also tries to list down the laws governing mental health care in India as well as certain provisions of international instruments governing the same. This article also tries to explain a few rights of people with mental illness. A few important provisions of the Mental HealthCare Act, 2017 are also explained with substantive case laws.
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.
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.
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.
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.
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.
Opinion: Economy or Health: Governments Dilemma over the World
July 28, 2020 • Snehal Asthana
The coronavirus pandemic is creating a two-headed problem for governments. Economic policymakers are being forced to perform a delicate balancing act. As with all balancing acts, failure to achieve and maintain can produce dire consequences.
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.
Overview: Assisted Reproductive Technology (Regulation) Bill, 2010
July 28, 2020 • Snehal Asthana
Assisted reproductive technology (ART) is the technology used to achieve pregnancy in procedures such as fertility medication, artificial insemination, in vitro fertilization and surrogacy. Fertility therapies where eggs and sperm are manipulated involve surgically removing eggs from women and combining them with sperm in the laboratory. It is the emerging field in India. This article provides a critical analysis of Assisted Reproductive Technology (Regulation) Bill, 2010.
Electoral Reforms in India
July 28, 2020 • Snehal Asthana
Elections and the process of voting play a very important role in a democracy. A lot of electoral reforms have therefore be recommended time and again by various Committees, the Election Commission of India as well as the Law Commission of India. Some not all of the reforms have been enlisted and an effort has been made to briefly explain a few of them.
Transgender Studies: An India Case Study
July 26, 2020 • Architi Batra
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.