section 124 A : the much misused sedition law

Section 124-A of IPC (Indian Penal Code) or Sedition Law states that "Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the government established by law in India, shall be punished... Continue Reading →

HEALTHCARE FOR PRISONERS

More than 10.2 million people worldwide are held in prisons. A prison is a state of confinement and captivity for the law breakers who indulge in heinous crimes. People generally have thought that the criminals sent to prisons is out of punishment and not for punishment. People believe that prisoners are sent to prison as... Continue Reading →

CORPORAL PUNISHMENT

Corporal punishment is a discipline method in which a supervising adult deliberately inflicts pain upon a child in response to a child's unacceptable behavior and/or inappropriate language. The immediate aims of such punishment are usually to halt the offense, prevent its recurrence and set an example for others. The purported long-term goal is to change... Continue Reading →

PROBLEMS FACED BY THE POLICE SYSTEM IN INDIA

Under the Constitution of India, the police is a state governed subject. As a state subject listed in List II of the Constitution’s Seventh Schedule, the police system is governed by the Police Act, 1861 and numerous state statutes. Each state government has the authority to establish its own police force under the Police Act.... Continue Reading →

Cognizable offences under Cr.P.C.

Under Cr.P.C., Cognizable Offence is discussed under Section 154. Section 2(c) of Cr.P.C. defines it to be an offence in which the police officer can arrest the convict without a warrant and can start investigation without the due permission of the court. These are the offences that are usually very serious and generally heinous in... Continue Reading →

THE CONCEPT OF MAHR UNDER MUSLIM LAW

In the old pre-Islamic Arabia, the institution of marriage was way different than today it is. At that time, different forms of sexual relationships were prevalent between men and women. The women were usually the victims of abuse. Men used to leave their wives after despoiling them. There was no such proper system of law... Continue Reading →

SUBSTANTIVE AND PROCEDURAL LAW: DIFFERENCE

Substantive law refers to how facts of each case are handled and how to penalize or ascertain damages in each case. Whereas, procedural law refers to the different processes through which a case proceeds. Substantive laws define the legal relationship between different individuals, or between individuals and the State. Procedural laws define the rules with which... Continue Reading →

RIGHT TO DIE

"The care of human life and happiness and not their destruction is the first and only legitimate object of good governance." The Right to die is a concept which is based on the opinion that a human being is entitled to make any decisions about ending his or her life (this also includes undergoing voluntary... Continue Reading →

Indian SALE OF GOODS ACT, 1930- an introduction

Section 4 of the Sales of Goods Act, 1930 defines a sale of goods as a “contract of sale whereby the seller transfers or agrees to transfer the property in goods to the buyer for price”. The term ‘contract of sale’ includes both a sale and an agreement to sell. A contract of sale is... Continue Reading →

child labour

Child Labour applies to the practice of employing young children in factories, now used to denote the employment of minors generally, especially in work that may interfere with their education or endanger their health. Throughout the ages and in all cultures children joined with their parents to work in the fields, in the marketplace, and... Continue Reading →

HUMAN RIGHTS VIOLATION

A human rights violation is the disallowance of the freedom of thought and movement to which all humans legally have a right. While individuals can violate these rights, the leadership or government of civilization most often belittles marginalized persons. This, in turn, places these people in the cycle of poverty and oppression. Individuals who approach... Continue Reading →

LEGAL RESPONSES TO VIOLENCE AGAINST WOMEN

The United Nations defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life."  Intimate partner violence refers to behaviour... Continue Reading →

PUBLIC INTEREST LITIGATION

Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern.  It helps advance the cause of minority or disadvantaged groups or individuals. Public interest cases may arise from both public and private law matters.  Public law concerns the various rules and regulations that... Continue Reading →

SECTION 144, CRPC

Under the Criminal Procedure Code (hereinafter the Code) wide powers have been conferred on an Executive Magistrate to deal with emergent situations. One such provision deals with the Magistrates powers to impose restrictions on the personal liberties of individuals, whether in a specific locality or in a town itself, where the situation has the potential... Continue Reading →

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property is a generic term that defines intangible assets that are owned by individual person or company contributing to the national as well the state economies. Throughout our economy, thousands of companies rely on adequate protection of their patents, trademarks, and copyrights, while customers make use of IP to ensure that they purchase secure,... Continue Reading →

BHOPAL GAS TRAGEDY

“Nothing has changed for the survivors irrespective of the political party in power whether it’s in Madhya Pradesh or at the Centre. It’s always been the interest of the erstwhile Union Carbide and now Dow Chemical, and not the interest of the gas tragedy victims, which has dictated the policies of the governments,” said Rachna... Continue Reading →

DEFAMATION

Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man. Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone's reputation is defamation. A man's reputation is treated as his property and... Continue Reading →

RIGHT TO INFORMATION

Right to Information Act 2005 mandates timely response to citizen requests for government information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a– RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc.... Continue Reading →

marital rape

The definition of rape under Section 375 of IPC includes all forms of sexual assault involving nonconsensual intercourse with a woman. However, Exception 2 to Section 375 exempts unwilling sexual intercourse between a husband and a wife over fifteen years of age from Section 375’s definition of “rape” and thus immunizes such acts from prosecution.... Continue Reading →

ANIMAL WELFARISM

Animal welfare is the physical and psychological well-being of animals. Animal welfare science uses measures like longevity, disease, immunosuppression, behaviour, physiology, and reproduction, although there is debate over which indicators provide the best information.This implies that systematic concern for animal welfare can be based on awareness that non-human animals are susceptive and that consideration should... Continue Reading →

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