Blogs
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.
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.
Police Accountability amidst rising Police Brutality
July 24, 2020 • Samiksha Gupta
INDO-NEPAL RELATIONSHIP:Broad perspective
July 24, 2020 • Samiksha Gupta
India- Nepal relations have been formed and shaped by their geographical contiguity and socio-cultural identities which has influenced their historical past. The crossing of the border by the people has not only influenced each other’s history, culture and tradition but also had an impact on the political, economic and strategic relations between the two countries.
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.
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.
Unrest in USA: Explained
July 23, 2020 • Architi Batra
Shadow Economy of India
July 22, 2020 • Architi Batra
DIRECTIVE PRINCIPLES OF STATE POLICY: AN OVERVIEW
July 22, 2020 • Apurva Bhutani
The Directive Principles are the ideals which the Union and State Governments must keep in mind while they formulate policy or pass a law. They lay down certain social, economic and political principles, suitable to peculiar conditions prevailing in India. They impose certain obligations on the State to take positive action in certain directions in order to promote the welfare of the people and achieve economic democracy.
IMPACT OF CoVID-19 ON 'IP REGIME'
July 22, 2020 • Apurva Bhutani
The reach of COVID-19 has been felt across all facets of life. The world of intellectual property has not been spared either, but COVD-19 has not brought it to a halt. The world of intellectual property is still moving but at a slower pace.
Internet Censorship Over The Draft EIA 2020
July 19, 2020 • Architi Batra
Government of India blocks access to websites which were raising public awareness and campaigning against the highly criticized draft Environment Impact Assessment notification of March 2020.
Truth Sits On The Lips Of A Dying Man – An Overview
July 18, 2020 • Architi Batra
In the present article we are discussing about the admissibility and the importance of the dying declaration of the victim. As it is considered as trustworthy evidence in the court of law. This principal is an exception to the hearsay rule, it is said that the dying person won’t lie and always utters the truth.
The Co-Operative Balanced Economy
July 18, 2020 • Architi Batra
In today’s era, with the expansion of financial banking opportunities to both urban and rural areas by Co-operative Banks, there has been a positive development of the economy. Co-operative Banks along with the aid and guidance of the SARFAESI Act, 2002 has paved a great way for the rapid growth and development of the Indian economy. Thus this paper aims to throw light on the role and importance of Co-operative Banks and SARFAESI Act, 2002 in the Indian economy.
Niti Manthan Young Leaders Legal Literacy Project Results
July 16, 2020 • Samiksha Gupta
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
July 11, 2020 • anshu sharma
Understanding the despotism tactics of the Chinese government.
Overview: SEA-FARERS: RIGHTS AND DUTIES
July 11, 2020 • Samiksha Gupta
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.
LIVE-IN RELATIONSHIPS AND THE INDIAN JUDICIARY
July 11, 2020 • Samiksha Gupta
The Indian society is observing a drastic change in its living pattern day-by-day. Indians are slowly and gradually opening up their minds towards the idea of pre-marital sex and live-in relationships. This change has been continuously under criticism and highly discussed as such concepts lack legality and acceptance in the society. Law has been playing a vital role in social change. Society is composed of the individuals. Law and society try to regulate the conduct of an individual.