College as State

Can a government college be recognised as the State under the Companies Act? This is a main contention that was raised, especially in cases of discriminatory practices that are alleged to have happened in these colleges. In such cases can the college be tried under Article 14? These are a few questions that arise when... Continue Reading →

Liability of Promoter

The role of promoters in setting up a company cannot be denied. Like the famous Spiderman quote with great power comes great responsibility, the role of a promoter holds a lot of accountability. Due to the separate personality of a company, promoters may tend to misuse this in order to gain silent profits or exploit... Continue Reading →

St. Thomas Acquinas

Natural law theory in legal philosophy is a school of thought that stresses on law as it ought to be. It sets a standard for the laws to achieve. Law is seen as a dictate from a higher authority that all citizens have to comply to. This school focusses on the idea that certain rights... Continue Reading →

Feminism and Social Justice: A Reflection

Defining Feminism is a major challenge that world faces. The main reasons for this include, the dilemma between the interchangeable use of the terms of sex and gender. Sex is biological, gender is a social construct. The fact that these terms are misrepresented leads to the rise of various issues, creates set gender roles that... Continue Reading →

Exploitation of Natural Resources under Colonial Rule and the Role of Regulatory Framework

The colonial powers came to India for trade. They came for the spices but took away more, they exploited our resources and our environment. Timber was a of utmost necessity for shipbuilding and teak was considered a superior variety of timber most suited for this process. After cutting down trees in their other colonies, the... Continue Reading →

Ozone Depletion and Montreal Protocol

Ozone depletion is a major problem that haunts today’s world. Ozone layer is a gaseous layer that is present in the stratosphere. It is called the ozone layer as it mainly made up of ozone particles. Ozone is a compound formed by the fusion of 3 oxygen atoms. There are other particles in the layer,... Continue Reading →

Unlawful Activities (Prevention) Act of 1967

The Unlawful Activities (Prevention) Act of 1967 which was recently amended has become a source of debate among the various Human Rights organizations across the country. The recent arrest of the 2 students at Kozhikode, Kerala with no proper evidence on the basis of this Act was yet another demonstration of the misuse of the... Continue Reading →

Crimes Against Women

Last year, around this time the world saw many women putting up black and white pictures of themselves to spread awareness about the increasing femicide in Turkey. Crime against women is not an alien concept, it’s one of most common forms of crime. The rise in domestic violence cases (in India especially) and femicide cases... Continue Reading →

Common Intention and Indirect Intention

In a given criminal case in order for a person to be held liable, the act alone won’t suffice. There needs to be a mental element, mens rea. There are many types of mens rea. Two of the prominent ones are common intention and indirect intention. Common intention refers to the instance wherein a group... Continue Reading →

International Day for Elimination of Violence Against Women

Background 25th November is commemorated as the International Day for Elimination of Violence against women. This movement takes its base in the 1960 murder of the Mirabel sisters. This day is to raise awareness about the violence that women across the world face. One of the primary goals of UN’s sustainable development is to eliminate... Continue Reading →

Right to Education

Free and Compulsory Education, this is the very essence of right to education. The importance of education in day-to-day life cannot be negated. Education has become a huge part of being able to survive in today’s world, every other job opportunity requires a minimum educational and academic qualification for merely applying.  There is a huge... Continue Reading →

Multilateral Environment Agreements

Multilateral Environment Agreements Multilateral Environment Agreements are those agreements that that are legally binding or three or more member nations. They aim at achieving a set environment goal. A few famous multilateral environment agreements include the Montreal Protocol, the Stockholm Convention and the Minamata Treaty. These agreements deal with different facets of environment protection. Montreal... Continue Reading →

Insolvency and Bankruptcy Code, 2016

The Insolvency and Bankruptcy Code, 2016 (IBC) is an amalgamation of the existing legislations related to bankruptcy and insolvency. It has simplified the resolution of insolvencies and aims at making business more convenient. It also aims at protecting the interests of small-scale business owners. The IBC was introduced with the aim of helping tackle loan... Continue Reading →

Reservation based on State Domicile

Reservation based on state domicile is not a new phenomenon in India. With ideas like Sons of the Soil Theory and regionalism that exist in our country even today, there is near to no merit in abolishing the act of reservation based on state domicile. The judicial take on it has also varied over time.... Continue Reading →

Criminal Law Amendment, 2013

Criminal law in India has undergone many amendments. The most important of these amendments is the 2013 Criminal Law Amendment. This came in which was called for in the backdrop of the infamous Nirbhaya Gang Rape case. The Nirbhaya Gangrape case was one that shook the collective conscience of the entire country. The amount of... Continue Reading →

STRICT LIABILTY IN CRIMINAL LAW

Strict liability in criminal law is the idea that a person can be held criminally responsible for their action if in violation of the law even without mens rea, or awareness that their act was in fact a crime. In instances where this principle is applied the Court does not consider mens rea. A few... Continue Reading →

RELIGIOUS PRACTICES AND PUBLIC MORALITY

 The Constitution of India extends the Right to Freedom of Religion to all the citizens according to Article 25. However, this is not an absolute right, it is subject to restrictions. Article 25(1) states that the right to freedom of religion is subject to public order and morality. It is the duty of the state... Continue Reading →

EXCLUSIVELY INCLUSIVE NEP

Caste based discrimination is not a new phenomenon in India. Caste system is best described as a social stratification. This system can be traced to the Manusmriti. “Manusmriti, widely regarded to be the most important and authoritative book on Hindu law and dating back to at least 1,000 years before Christ was born, acknowledges and... Continue Reading →

RIGHT TO TEMPLE ENTRY

Right to temple entry is an important right, especially considering the Young Indian Lawyer’s Association v State of Kerala case, famously referred to as the Sabrimala case. The Young Lawyer’s Association case is about the temple entry of women in the temple of Lord Ayyappa. According to the temple rules and local beliefs, due the... Continue Reading →

GENDER DISCRIMINATION AT WORKPLACES

Article 14 of the Indian Constitution states that all are equal before the law. It is the responsibility of the state to ensure that nobody is discriminated against in the country. Everybody is equal and should not be subjected to discrimination. Article 15(1) of the Constitution prevents the State from discriminating against any person on... Continue Reading →

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