Blogs
GENDER SENSITISATION OF POLICE OFFICERS
Feb. 27, 2020 • Madhav Gawri
Sex is a biological concept and is assigned by birth. On the other hand, gender is how society regards a person i.e., how the community accepts the person. Violence against women is increasing at an alarming rate and thus there is a need to protect the outspread of the crime. Not only women, a person belonging to the LGBT community are also vulnerable victims of violence and sexual harassment.
Legislation And Its Types
Feb. 26, 2020 • Architi Batra
Broadly speaking there are two types of Legislation viz Supreme and Sub-ordinate. However, this distinction has varied over different eras in history and across the globe in different countries throughout.
Free Consent as a Essential of Contract
Feb. 26, 2020 • Mayank Arya
One of the essentials to a valid contract is presence of free consent. If the consent is not free, then the contract is voidable at the option of the party whose consent was not free. Under the Indian Contract Act,1872, consent is not free if it is given under Coercion, Undue influence, Fraud, Misrepresentation and Mistake.
Role of forensic science in the Indian criminal justice system
Feb. 26, 2020 • Architi Batra
This article focuses on the need of forensic science and how it plays a vital role and the significance of the forensic science in the Indian criminal justice system.
Unlawful Assembly
Feb. 23, 2020 • Mayank Arya
All Independent Countries provide a right to its citizens to express themselves in any manner as they like but subject to some restrictions. Unlawful Assembly is one such restriction. It restricts assembly of a number of persons who are there for an unlawful object or purpose.
Transgender Health in India
Feb. 23, 2020 • Architi Batra
Reservation In Jobs: A Juggernaut For Society
Feb. 22, 2020 • Architi Batra
“A job should be given to those who deserve it, not to those who demand it.”
Unequivocally a system of the reservation should provide reservations not on demand but on need i.e. people should stop being greedy and help the needy instead. Whereas India is a country where the reservation is granted on the bases of caste and the reason for making caste-based reservation system in India was for the upliftment of designated, disadvantaged groups who were faced with historical injustice.
Hence, this article also tries to make a point that Indian reservation system should change and where there is a need, then their help should be provided by serving the knowledge and offering reservation for education and making the person eligible for the job which he got with the benefit of the reservation without the required eligibility.
The Constitution Bench Of Supreme Court
Feb. 22, 2020 • Architi Batra
Constitution Bench is the bench of the Supreme Court of India which has five or more judges on it to resolve the dispute which involves a substantial question of Law.
CYBER CRIMES AGAINST WOMEN
Feb. 22, 2020 • Madhav Gawri
The Information Technological world has widened itself over the previous decades and has been the axis of today’s global, economical and technical development. This provides every user all the required information and the fastest mode of communication in a click. With the numerous advancements in the technology, the crimes associated with internet have also widened its roots. The cyber-crimes pose a great threat to individuals and women are a soft target to the same. In this paper the author tries to explore the Cyber-crimes and the online security vulnerabilities against women and how it is a challenge to security.
Abuse of Dominance (Competition Law)
Feb. 22, 2020 • Madhav Gawri
Neither the Competition Act, 2002 in India nor the EU competitive laws punishes a company to hold a dominant position in the market. This article enumerates the conditions, cases and the principle behind in holding a dominant position and misusing the same for super profits.
RIGHT TO REMAIN SILENT
Feb. 21, 2020 • Madhav Gawri
The right to remain silent means right against self-incrimination when questioned. It is a legal right or legal principle which gives any individual the right to deny for answering the questions before or during a trial, hearing, or any other legal proceedings from court officials or law enforcement officials. The origin of this right is accredited to Sir Coke’s challenge to the ecclesiastical courts and their ex officio oath[1]. This article has tried to study the status of provisions in various countries like the U.S.A., Britain, and India and various cases. The researcher has relied upon the secondary sources of data viz., books (Constitution of India, Dr. J.N. Pandey Constitutional law of India), newspaper, research papers, blogs etc.
[1] Randall, Stephen H. (1955). "Sir Edward Coke and the Privilege against Self-Incrimination." p. 444. South Carolina Law Quarterly. University of South Carolina School of Law.
Conflict Between Fundamental Rights And Personal Laws
Feb. 19, 2020 • Architi Batra
The purpose of this article is to focus on the relationship between personal laws and fundamental rights by explaining the meaning of ‘personal laws’ and the sheer variety of it which makes them applicable to the Indian population. And, therefore there is a need for the Uniform Civil Code. Finally, it discusses the decided cases of Supreme Court where the Fundamental Rights have prevailed over the personal laws of people from different religions and has declared many of their practices unconstitutional.
Populism and Judiciary
Feb. 19, 2020 • Architi Batra
REPRESENTATION OF PEOPLE’S ACT 1951
Feb. 18, 2020 • Madhav Gawri
INTERPRETATION OF MANDATORY AND DIRECTORY PROVISIONS IN STATUTES
Feb. 17, 2020 • Madhav Gawri
The study of numerous cases on the question of interpretation of mandatory and directory provisions in statutes does not lead to formulation of any universal rule except this, that the language alone most often is not decisive, and that the context, subject-matter and object of the statutory provision in question, in determining whether the same is mandatory or directory.
Fundamental Duties As A Major Tool For Protecting The Environment
Feb. 16, 2020 • Architi Batra
It is the obligation of each citizen to safeguard and protect their environment in the same manner nature has taken care of them. The principal articles of the Indian Constitution obligate on each citizen the duty to protect nature as mentioned under Article 51-A(g). Apart from it, there are other provisions in the constitution to protect the environment.
Objectives of the Prevention of Money Laundering Act,2002
Feb. 15, 2020 • Samiksha Gupta
The article outlines the structure of the PMLA, definitions of the offence primarily money laundering with appropriate case laws. Besides current Indian law on the subject, it also briefs about pre-enactment scenario. Following which there is provision of punishment, jurisdiction of adjudication authority and towards the end how India is dealing with the issue at global front and concluding words.
2030 Sustainable Development Agendas
Feb. 15, 2020 • Architi Batra
These 2030 sustainable development agendas are the goals that need to fulfill before the date and these goals are in the favor of the peace and prosperity of the people and for this planet.
Overview: Basic Structure of the Constitution
Feb. 15, 2020 • Samiksha Gupta
The article focuses on the origin, evolution and development of basic structure theory. It starts with the idea of constitutionalism- what the constitution is and what does it provide for. It leads to the development of the judicial doctrine through various judicial decisions propounded before; each drawing the scope and ambit of the amending power of the Parliament under Article 368 as to whether these are plenary or subject to some restrictions. Drastic changes have been observed from the Apex Court’s initial position in the cases for instance-Shankari Prasad, Sajjan Singh and Golaknath case. Following which, the text explores the monumental verdict of Keshavnanda Bharti case (where for the first time doctrine of Basic Structure was introduced) and its implications.
Human Rights And Climate Change
Feb. 15, 2020 • Architi Batra
The post 2nd World War development of Human Rights law begins with the adoption of the U.N Charter that derives the concept of human rights from natural rights. Various principles of Human Rights are as old as the ancient doctrine of “natural rights”. What exactly defines Human Rights, from where it has been borrowed and how it is included in the Indian Constitution? In this context, a prime issue is - Human Rights and Climate Change. How are human rights affected by climate change? All human beings depend on nature to live. A safe, clean and healthy environment is an integral part of the full enjoyment of human rights, which also includes the right to food, life, health, water, and sanitation. Many states have already included the Right to a safe environment in their constitution as a Fundamental Right. Today the concept of climate change is basically related to human rights and it is the most debated topic.