Parenting and Law
In Part 1 of the article, we explored the rising problem of custodial violence in India, and it's causes. In Part 2, we shall be exploring the various solutions that can be implemented to tackle the problem. WHAT IS THE SOLUTION TO CUSTODIAL VIOLENCE? In India there are several constitutional and statutory provisions which... Continue Reading →
PARTITION AND RELIGIOUS INTOLERANCE One of the main themes of the book is partition, and the complex socio-political scenario that resulted from it. the partition was carried out in 1947, and the book roughly traces the journey from the early 1940s to the late 1940s. the countries were supposed to be divided on the basis... Continue Reading →
‘Embedded in the heart of Punjab, they had felt secure, inviolate. And to uproot themselves from the soil of their ancestors had seemed to them to tearing themselves, like ancient trees from the earth.’ (209) Bapsi Sidhwa is a Pakistani American novelist. She has been acclaimed as Pakistan’s finest contemporary novelist. In her book, ‘Cracking... Continue Reading →
The Indian Trusts Act, 1882 (hereinafter referred to as ITA) is the statute that contains the laws relating to private trusts and trustees. A trust, as defined in the interpretative clause (Section 3 of the ITA) is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted... Continue Reading →
This article discusses the differences between theft and extortion. Section 378 of the Indian Penal Code, 1882 (hereinafter referred to as IPC) defines theft as ‘Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to... Continue Reading →
Another important characteristic of toxic masculinity is the incessant need to ‘protect’ women because they are not capable of doing it themselves. ‘Protection of women is necessary for the overall wellbeing of society, and also to uphold principles of morality’. This only proves the imbalance of power dynamics between both genders. Very often, women were... Continue Reading →
Mirch Masala is a 1987 Hindi film. It is set is the colonial times, when India was under the subjugation of the British rule. It focusses on the lives of people in a village in Western India, and the subsequent power dynamics. It has a strong, feminist approach and beautifully captures the resistance of the... Continue Reading →
In a society that is still heavily dependent on traditional values, the concept of a live in relationship is yet to gain proper recognition. A proper legal definition of a live-in relationship does not exist in India and due to this reason the law is relatively vague when it comes to the status of unmarried... Continue Reading →
In Zee Telefilms v UOI, the SC held that BCCI is not a State under the aegis of A.12, for it is an autonomous body and the control exercised by the government over BCCI was merely regulatory in nature and not pervasive. The court relied on the guidelines devised in PK Biswas and concluded that:... Continue Reading →
The world is amidst a severe crisis, and this requires strong international leadership. In situations where prevention is insufficient, there must be leadership to develop and implement accurate responses which can minimize the threat to the fundamentals of democratic societies. A fundamental part of the quality of life in the United States and India is... Continue Reading →
"The Republic of India is one of America's closest and most important allies, and our relationship has always enjoyed bipartisan support in Washington, D.C. I am thankful that India has stepped up as a leader in the fight against coronavirus, and am glad that our special partnership remains strong during this pandemic," Congressman George Holding,... Continue Reading →
Article 12 of the Constitution gives an inclusive definition to the expression ‘State’. The significance of A.12 lies in the fact that it occurs in Part III of the Constitution which deals with Fundamental Rights[1]. There have, and continue to be multiple varied interpretations of what constitutes ‘State’. The previous structuralist interpretation was problematic because... Continue Reading →
The essential practices doctrine was articulated in Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshimindra Thirtha Swamiar of Sri Shirur Mutt[1] , where the mathadipati challenged the Madras HRCE Act,1951. The central question here was: ‘Where is the line to be drawn between what are matters of religion and what are not?[2] It was the... Continue Reading →
The larger debate regarding State and Religion is always-What is the best policy; exclusion or intrusion? The definition of ‘Secular’ in Merriam-Webster focuses on indifference, exclusion and to an extent- rejection of religion. The Indian model of secularism is inclusive and is based on the principle of equal respect to all religions thereby ruling out... Continue Reading →
The arguments for retaining Section 124A of the IPC are that they are essential in combatting anti-national, secessionist and terrorist elements.[1] However, to counter this argument, it has been put forth rightly that the government is using Section 124A to its advantage in order to silence all forms of criticism and political dissent, thereby protecting itself... Continue Reading →
A Lease is defined under Section 105 of the Transfer of Property Act. It is a contract between the lessor and the lessee for the possession and profits of land, etc, on one side and the recompense by rent or other consideration on the other. A license is defined in Section 52 of the Indian... Continue Reading →
One of the most important Fundamental Rights guaranteed by the Indian Constitution is the Freedom of Speech and Expression, which offers both- protection from encroachment by the State, as well as judicial remedies against administrative containment of these rights.[1] Arguably, Section 124A of the Indian Penal Code which deals with Sedition, is one oppressive and... Continue Reading →
Most Indian laws have inherently patriarchal and sexist origins, especially the ones relating to marriage. The consequences of such restrictive and regressive provisions become apparent in the case of gender based or minority crimes. One of these problematic provisions is Exception 2 of Section 375 of the Indian Penal Code, 1860 which reads: “sexual intercourse... Continue Reading →
This article discusses the differences between dishonest misappropriation under Section 403 and Criminal Breach of Trust (Section 405) of the Indian Penal Code. Dishonest Misappropriation is codified in Section 403 of the Indian Penal Code. Its elements are as follows: DishonestlyConverts to their own use It implies either using or dealing with the property in... Continue Reading →
WhatsApp, a social media app, filed a lawsuit against the Indian Government on the grounds that the new IT rules infringed the right to privacy enshrined under Article 21A of the Constitution. WhatsApp moved the Court to these rules that require social media intermediaries to trace users’ encrypted messages in a test for right to... Continue Reading →
Aishwarya Sandeep 