Parenting and Law
As we already know India is one of the earliest parties to take active participation in the ‘Convention for The Suppression of the Traffic in Person and the exploitation of the Prostitution of Others 1949’. Our constitution also provides an assurance for every living person to be free from exploitation. Article 23(1) of our constitution... Continue Reading →
In the 19th century, a sensitization arose regarding the moral code of conduct for the decent ladies which was known as the Victorian morality ideology. As per this doctrine female women were categorized into bad and good types. The ones who were prompted only for monogamy were considered decent and good whereas the ones who... Continue Reading →
It is disheartening to point out that the prestigious Apex Court of our country has not been keeping any public records of its proceedings. Since it didn't broadcast live and due to security and space issues, a general citizen couldn't enter without a pass and legal scholars couldn't attend on Mondays and Fridays when the... Continue Reading →
There was a 4:1 verdict in the NJAC case. It was stripped down from the 99th constitutional amendment act. J. Jasti Chelameswar alone mentioned against the collegium system. According to him, an independent system of judiciary created a confidence in society, the increasing pending cases before the courts was not a sign of efficiency. He... Continue Reading →
In the case of Upendra Baxi and Lotika Sarkar v. State of Uttar Pradesh also known as the The Agra Home Case a disastrous state was discovered in a Protective Home that was initially constructed and worked under the provisions of SITA allocated under section 1719 and 21 in Agra. This case eventually expanded for... Continue Reading →
In Begum v. State which was also an appeal adjudicated by Judge Patel who implied and asserted that the state should prefer alternative ways for solving the issues rather than being inconsiderate towards the victims of prostitution. He further added that it is the hooligans who are a greater threat to society instead of the... Continue Reading →
In the judgment of M.C. Mehta v. Union of India and ors.AIR 1997 SC 734(Also known as Taj Mahal case) the court emphasized on the importance of having monitoring and control and control mechanisms and ordered the PCB (Pollution Control Boards) of both the centre and the States to keep in check any further degradation... Continue Reading →
The existence of environmental protection laws in India can be traced from way back from the 1850s. The 1st being the 1853's Shore Nuisance (Bombay & Kolaba) Act that was enforced to control water pollution & permit land revenue collectors to instruct ejection of waste from the harbors. It was followed by the 1857's implementation... Continue Reading →
If judicial review means anything, it is that judicial restraint does not allow everything.- Don Willet Many claim judicial review originally came into existence from the Americans. But officially the existence of judicial review came from the case of Madison v. Marbury. This case was during the days when Federalist Adam was the President for... Continue Reading →
Whether DNA fingerprint is unconstitutional or against self incrimination is well answered by the court in the case of State of Bombay v. Kathi Kallu Oghad verdict. The ratio decidendi of this case states that providing evidence cannot be considered as witness against himself. Hence it does not transgress Article 20(3) of the constitution. The... Continue Reading →
India stands as the largest democracy around the globe populated by 1.3 billion people. This democracy has outlawed human trafficking constitutionally and has manifested the fundamental right of being free from exploitation for every person. On the 9th day of January 1953, India had endorsed to the trafficking convention and was prompted to the "Convention... Continue Reading →
Independence of Judiciary means independence from Executive and Legislature, but not independence from accountability. -Prashant Bhushan The Judicial system works independently however its judges' are appointed by the President. He acts on the advice of the council of ministers and Article 124(2) of our Constitution mandates the President to appoint judges after consulting with the... Continue Reading →
The Indian Constitution enjoins a fair treatment to the labourers as a human being, a moral personality and respectable citizen. Therefore, the Indian Constitution incorporates various fundamental rights for the common man and the Indian labourers. The right prompts relief to those labourers who suffer due to socio-economic injustice. It urges the state to develop... Continue Reading →
The British government sanctioned certain legislation regarding slavery but those legislations were narrow in nature and could only impose restriction on slave trade. The legislation affirmed the same as illicit and unlawful and imposed punishment for the offenders. The attempt made by the British government was unsuccessful in bringing change in the system. In view... Continue Reading →
Mediation is a cheaper process than litigation and much more beneficial as it saves a lot of time and effort. Yet there is no use of mediation if we don’t have a proper mediator to solve the dispute in efficient applicable ways. The necessity of having a skilled mediator is as necessary as getting the... Continue Reading →
As per the Indian constitution it is a grievous offence to traffic human beings. The IPC has separate provisions to punish the culprit for trafficking. Buying and selling of minor girls is strictly prohibited especially for the purpose of prostitution, provisions such as sec.366 (A) mentions about penalty for abducting female child for sexual exploitation.... Continue Reading →
Mediation is an inexpensive procedure than litigation and much more beneficial as it saves a lot of time and effort. Yet there is no use of mediation if we don’t have a neutral mediator to solve the dispute in efficient applicable ways. The necessity of having a neutral mediator is as necessary as getting the... Continue Reading →
The literal meaning of the word ‘force’ is to ‘make someone do something against their will’. Accordingly, the word ‘forced labour’ means to compel any person to render any service which is against their will out of coercion and threat of punishment. Forced labour is against the basic human right and a criminal offence as... Continue Reading →
We know India is one of the most populated countries around the globe, a secular nation having people with different caste, creed and religion living together. Any place where too many people with different cultures and traditions exist together, it is obvious to have conflicts there in such societies. Everyone seeks to be heard and... Continue Reading →
History suggests that evidence started from 1500 to 1700. Earlier the concept of evidence wasn’t taken seriously thus unfairness in the justice system prevailed. Not long enough that the laws started reforming for the better of humanity. Thus evidence became a crucial part of law to support either party’s statement and justify their arguments. Yet... Continue Reading →
Aishwarya Sandeep 