Should India be Renamed Bharat?

bharat

This Article on “should India be renamed Bharat?” is written by Nishant Singh and Chinmay Kasture from Government Law College, Mumbai (MH). Introduction The politicization of renaming the country is a part of the social production of our nation. In these modern times, the understanding of the difference between right and wrong, ethical and non-ethical … Read more

SPOUSAL RAPE: AN UNDEFINED CRIME

Spousal Rape

This Article on “Spousal Rape” is written by Anchal Kushwah pursuing BBA.LL.B from ISBR Law College. INTRODUCTION This article mainly highlights the loopholes in the law of marital rape pertaining of which several women have been suffering from so much of mental and physical agony. And, also it will highlight the evolution of cases of … Read more

Surana Power Ltd v. BHEL: Prominence of Liquidation over Arbitral Award

Surana Power Ltd  v. BHEL

This Article on Prominence of Liquidation over arbitral award with reference to Surana Power Ltd v BHEL is written by Pushti Dublish,  pursuing B.A. LL.B. from Galgotias University. INTRODUCTION In a recent case of Surana Power Ltd v BHEL, [1] the National Company Law Appellate Tribunal (hereinafter referred to as NCLAT) while setting aside the … Read more

UAPA- The Unlawful Activities (Prevention) Act, 1967

This Article is written by Ms. Lenna Joshy, studying BBA.LL.B. from Government Law College, Thrissur. The article discusses the Unlawful Activities Prevention Act, 1967 (UAPA). Background The Unlawful Activities Prevention Act, 1967 commonly known as the UAPA, is India’s Anti-Terrorism Law. The objective of this law is to penalise unlawful and terrorist activities which pose … Read more

India During Emergency: A fall of the risen democracy?

India During Emergency

This Article is written by Dibya Prakash Lahiri from the Vivekananda Institute of Professional Studies. This article discusses the state of our country, India during Emergency. Introduction: On 25th June 1975, a proclamation was made which changed the course of the history of India’s modern-day democracy and to the existential crisis of the fundamental rights … Read more

CUSTODIAL VIOLENCE  

The Article is written by Mohamed Sultan Maricar from Crescent School of Law, B S Abdur Rahman Crescent Institute of Science & Technology, Chennai.

 Introduction

Violence by police occurs on and off the streets in various forms like lathi charge, provocative firing, beating, shaming the public, fake encounters, custodial torture, all this is also known as Custodial Violence. Custodial death or a fake encounter is cold-blooded murder. Custodial Violence is considered as one of the worst kind of crimes in a civilized society which is governed by the Rule of Law and poses a serious threat to an orderly civilised society. Torture in custody curbs the primary rights of the citizens and is an injustice to human dignity. A recent case of custodial death from Tamil Nadu represents how the police misuse its power. Indeed, it depicts that the present criminal justice system is lacking behind.

Anti- Torture Measures

The global view of the anti-torture law was started with the creation of “The Torture Declaration” by the General Assembly of the United Nation which aims to protect people from being tortured or other cruel, inhuman or degrading treatment. The Torture Declaration was followed by “The Torture Convention” which breathes itself into Article 5 of the UDHR and Article 7 of the International Covenant on Civil and Political Rights that provides no one shall be made to torture or cruel, inhuman, degrading treatment or punishment.

In India, The Prevention of Torture Bill, 2010, was an initial step, introduced in the Lok Sabha on 26th April 2010 by then Home Minister P. Chidambaram and was passed on 06th  May 2010. Later on, the Bill lapsed in Rajya Sabha. Section 4 of the Bill provided 10 years of punishment for the act of torture. The complaint shall be made by the victim within 6 months from the date on which the offence is committed. If the Prevention of Torture Bill, 2010 had become law, it would have made the punishment for torture committed by public servants and it would have reduced the rate of custodial violence.

Reports on Custodial Violence  

  1. The III Report of the National Police Commission noted that nearly 60 % of arrests in India were just unnecessary or unjustified.
  2. As per, National Crime Records Bureau (NCRB) data, between 2001 and 2018, only 26 policemen were sentenced for custodial violence while 1,727 such deaths were recorded in India.
  3. The Times of India Report shows, with the help of data accessed from the NCRB, that as many as 180 custodial deaths took place in Gujarat between 2001 and 2016. But none of the police personnel were punished for any of these deaths during this time.
  4. The countrywide counts are worse as it shows that only 26 policemen have been sentenced for 1,557 custodial deaths.
  5. Around 1,731 people died in custody in India during 2019. Among them, 1606 of the deaths were in judicial custody and 125 in police custody stated in The Hindu newspaper report.
  6. 74.4 % of deaths in police custody were because of torture or foul play and 19.2% were the reason for foul play.
  7. Apart from custodial deaths, more than 2,000 human rights cases were also registered against the policemen between 2000 and 2018. Nevertheless, only 344 policemen were convicted in those cases.
  8. Whereas 1,782 cases of fake encounters were made between 2000 and 2017 in India.
  9. In comparison to it, 385 policemen were charged, 120 cases were dismissed by courts after charge sheets were filed and just 8 policemen were convicted during the period 1997 to 2016.
  10. 7 policemen from Uttar Pradesh who were accused of torturing to death were released by a trial court at Hapur on the ground of the statement, denying the involvement of Police, made by family members of the deceased.
  11. The encounter killings of four suspects in the rape and murder of a young veterinarian near Hyderabad was openly welcomed by the politicians where the accused persons were not even proven guilty.

Need For Judicial Intervention 

 The following Guidelines were made by the Supreme Court in the cases of Joginder Singh and D.K.Basu

  1. The memo of arrest must be signed by at least one witness who can be either a member of the family or a respectable person in the locality.
  2. The arrested person must be informed about his right to have a close family member to be informed of his arrest, the right to meet his lawyer during interrogation, though not throughout the investigation.
  3. The Constitutional obligation – Article 22(2) – to produce the arrested person before a magistrate within 24 hours without any delay.
  4. A warning was also issued to the police that the failure to follow these guidelines would result in being punished for contempt of court.
  5. Many of the Amendments were inserted in the Code of Criminal Procedure, 1973 by inserting Sections 41A to 41D, 50, 54A, 55A, and 60A with the objective that the process of arrest would be more open and the arrested persons will have additional safeguards.

Reasons For Low Convention 

Most of the custodial deaths were because of custodial violence, which resulted in suicide and death in hospitals during treatment.

Medical Perspective 

Death occurring in the form of custodial detention is known as custodial death. It should also include deaths resulting from police officers attempting to catch a criminal escaping from police custody.

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GENDER NEUTRAL SEXUAL HARASSMENT LAWS: REFERENCE TO POSH ACT

GENDER NEUTRAL SEXUAL HARASSMENT LAWS

This Article is written by Nashita Nazneen.A from B. S. Abdur Rahman Crescent Institute of Science of Technology. The article talks about Gender Neutral Sexual harassment laws with reference to the POSH act 2013   At present, the sexual harassment at workplace is governed by The Prevention of Sexual Harassment of Women at Workplace (Prevention, … Read more

UNIFORM CIVIL CODE : A CALL FOR ONE NATION AND ONE LAW

Uniform Civil Code

This Article on “UNIFORM CIVIL CODE: A CALL FOR ONE NATION AND ONE LAW” is written by Archana Upadhyay, pursuing B.A. LL.B from Galgotias University.  INTRODUCTION Most of us believe in the theory of “ONE NATION AND ONE LEGISLATION” but do not stand for it pragmatically. Our former Prime Minister Pandit Jawaharlal Nehru introduced his … Read more

SECULARISM- IS IT AN IRONY IN INDIA?

Secularism in India

This article is written by Bushra Malik student of BA LLB (Hons.) from Galgotias University. The article discusses the secular meaning and the construct of secularism “Notions of rationality cannot be invoked in matters of religion” -Justice Indu Malhotra   The understanding of ‘Religion’ is based upon one’s personal beliefs and values that is why … Read more

STRUCTURING PRIVACY : THE AADHAAR VERDICT

This Article is written by Pushti Dublish pursuing B.A. LL.B from Galgotias University. “If the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion.” J. Brennan William BACKGROUND In 2012, Justice K.S. Puttaswamy (Retd) filed a writ petition challenging the constitutional validity … Read more

CRYPTOCURRENCY: AN INTRODUCTION

cryptocurrency

Introduction In the present modern era, where everything is being digitalized to facilitate the system, Cryptocurrency is one of them. We all have heard about it but what is it literal meaning? What is its mechanism? How it is used? What is its legal status in India? This article endeavors to answer these questions. What … Read more

A SWIFT OVERVIEW OF AVIATION LAWS

AVIATION LAW

viation law is one of the most complex branches of law as it involves a deep interplay among various laws related to the use of land and air. The play prolongs among economic laws of different nations as well. Long back the Britishers enacted the Aircraft Act, 1934 in India to regulate the activities of the nation’s aviation industry.

THE 15 PRIME MINISTERS OF INDIA

THE 15 PRIME MINISTERS OF INDIA

Introduction At the midnight on 14-15th August 1947, India attained independence which hailed the country years’ long, non – violent campaign against British rule. The famous ‘tryst with destiny’ speech was delivered by First Prime Minister Jawahar Lal Nehru at midnight while declaring India an independent country.  With freedom, people hoped for two major things, … Read more

DISSERTATION WRITING: A COMPREHENSIVE GUIDE

dissertation

Dissertation is long written content on a particular topic. It is also known as the thesis and is primarily based upon the research questions. Every University or Institution has different guidelines for dissertation writing. Through this article, we will discuss the necessary contents, their meaning, general guidance, and do’s & don’ts for writing a dissertation. … Read more

THE DARK SIDE OF INTERNET: THE DARKNET

Dark side of Internet

This Article on “The Dark Side of Internet: The Darknet” is written by Bushra Malik, pursuing B.A.-LLB(Hons.) from Galgotias University. As we all know the complexities of the Internet these days where people take more interest to have a communication with anonymous privately by which they have fallen into the darker world of the Internet. … Read more

COVID-19 AS FORCE MAJEURE

INTRODUCTION Novel Coronavirus or COVID-19 has emerged as a Pandemic. On  January 30, 2020 it was declared as a Public Health Emergency of International level by the World Health Organisation (WHO). On March 11, 2020, the Director of WHO declared it as a Pandemic. Starting from one region of China, now the disease has conquered … Read more

VIZAG GAS LEAK: AN INDUSTRIAL DISASTER

VIZAG GAS LEAK

INTRODUCTION As we all are aware of the Vizag Gas Leak tragedy that took place in the city of Vishakhapatnam on 7th May 2020 consequently, many people died and injured. So, what is the liability of the owner of the industry? What are the rights of the victim so injured? And what is the relevant … Read more

ABORTION LAWS IN INDIA

ABORTION LAWS

Abortion can be legally defined as an untimely delivery voluntarily procured with the intention to destroy the foetus. In India, before 1971 it was estimated that there were about five million abortions every year out of which three million abortions were illegal.The laws of abortion in India till the passing of the Medical Termination of Pregnancy Act had been honored more in breach than observance

Section 375 of Indian Penal code

Section 375 of Indian Penal code

Section 375 of the Indian Penal code This Article is written by Archana Upadhyay, pursuing B.A. LL.B. from Galgotias University. Indian Constitution has guaranteed us the Right to Equality through Article 14 and 15 but the question arises do we really enjoy equality in this patriarchal society, where every man tends to dominate women? the … Read more

DNA TEST: IMPORTANCE OF FORENSIC SCIENCE

Forensic science can be said as application of science to the legal matters such as physics, chemistry, computer science, biologyas well as engineering

INTRODUCTION Over the past years, the forensic science has made important discoveries and developments as scientific evidence in criminal case proceeding. The two important wings of forensic science are highlighted through the DNA testing and Narco-Analysis. Generally, the result of the forensic science is admissible in court and plays a valuable role to court in … Read more

LOK ADALAT: BOON FOR INDIAN JUDICIARY

LOK ADALAT BOON FOR INDIAN JUDICIARY

This Article is written by Rahul Negi, pursuing B.B.A. LL.B. (Hons.) from Law College Dehradun (Uttaranchal University) INTRODUCTION: The practice of Lok Adalat is considered as India’s offering to world legal system, where the term “Lok” means ‘People’ and “Adalat” elucidate ‘Court’ in which the disputes unsettled in Pre-litigation phase of Courts or Panchyats are … Read more

NOTABLE DECLARATION MADE BY GOVERNMENT DURING PANDEMIC

INTRODUCTION Countries around the world are taking measures to stop the spread of COVID 19, national quarantines to school disclosures. After ‘Janta Curfew’ on 23rd March 2020, the Central Government had imposed complete lockdown for 21 days all over India with effect from 25th March, 2020 and further , due to surge in coronavirus cases, … Read more

VAGUE LEGISLATION: EPIDEMIC DISEASE ACT, 1897

EPIDEMIC ACT 1897

INTRODUCTION The spread of Coronavirus in India has brought the situation of health disaster and has compelled us to recapitulate the existence of the Epidemic Diseases Act which was enacted centuries ago in 1897. There reason behind the enactment of this Act was the spread of bubonic plague in the State of Bombay (now Mumbai). … Read more

RESOLVING DISPUTE: THE VIVAD SE VISHWAS ACT, 2020

VIVAD SE VISHWAS

Introduction: During the Union Budget 2020 presentation, Finance Minister Nirmala Sitharaman announced to provide the “Vivad se Vishwas” scheme to settle a dispute between Taxpayers and Taxman. The Act provides a lucrative opportunity to resolve Tax dispute by paying only Tax amount and waiving interest and penalty on their pending cases. The Scheme was introduced … Read more

RELIGIOUS CUSTOM vs. RTE: THE SABARIMALA TEMPLE DISPUTE

the sabarimala temple dispute

This article on “RELIGIOUS CUSTOM vs. RIGHT TO EQUALITY: THE SABARIMALA TEMPLE DISPUTE” is written by Harneet Singh, a student at Presidency University pursuing B.A. LL.B (Hons.) Introduction The heated debate over allowing women of all ages to join the hill shrine of Lord Ayyappa in Kerala has divided public opinion on women’s equal access … Read more

IPR PRESERVING FASHION LAWS IN INDIA

This Article on “IPR PRESERVING FASHION LAWS IN INDIA” is written by Archana Upadhyay pursuing B.A-LL.B from Galgotias University The tradition of “being specific”, which was originated thousands of years ago in different states all across India, which was well known to be “A Trend” or “Fashion”. One can now even notice how the fashion … Read more

ARTIFICIAL INTELLIGENCE: APPROACH TO A NEW FUTURE

This Article is written by Bushra Malik student of BA-LLB (Hons.) from Galgotias University. In this dynamic world of technology and robotics, Artificial Intelligence (hereinafter referred to as ‘AI’) has its own and great role to play. Its ambit includes an information system that is encouraged by biological systems involving multiple technologies i.e. machine learning, … Read more

NO LAPSE OF LAND ACQUISITION PROCEEDINGS

LAND ACQUISITION

Introduction The Constitutional Bench on 6th March, 2020 decided a controversial issue pertaining to the interpretation of Section 24 of Land Acquisition Act, 2013 which deals with the situations under which the Land Acquisition process under Section 24 is deemed to be lapsed. By this Judgment, the SC overruled the judgment pronounced by the 3 … Read more

MERCY PETITION: A RISKY LIFELINE FOR A CONVICT

mercy

The Article is written by Pushti Dublish pursuing BA-LLB from Galgotias University. The article aims at highlighting the mercy petition as well as an update to the Nirbhaya case where the mercy petition came into play.   MERCY PETITION According to the Constitution of India, mercy petition is the last resort for a convict that … Read more

OUTRAGING THE MODESTY OF A MAN

OUTRAGING THE MODESTY OF A MAN

“Strangely, modesty is the rule for women when what they most value in men is boldness,” says  Ninon de L’Enclos. This article discusses the sensitive topic of Outraging the Modesty of a man Introduction Crime against men in India is a mute topic. Everybody knows it but nobody wants to discuss it, even the victims … Read more

PROPOSED AMENDMENT TO INSOLVENCY AND BANKRUPTCY CODE, 2016

INTRODUCTION Economic development of a country is crucially dependent on the legal environment of a country. A strong legal environment of a country makes it globally strong. So far as the legal environment of India viz. commercial law is concerned, the introduction of Goods and Services Act and the Insolvency and Bankruptcy Code are two … Read more

UNDERSTANDING UNION BUDGET 2020-2021

BUDGET 2020

Introduction The Finance Minister Nirmala Sithraman has presented the budget in the Parliament on 1st February 2020. While producing the budget, she stated “In May 2019, Prime Minister Narender Modi received massive mandate to form government again. Citizens of India has given their janadesh for not just political stability but have reposed their faith in … Read more

CONSTITUTIONAL RIGHTS OF WOMEN AND GENDER INEQUALITY

CONSTITUTIONAL RIGHTS OF WOMEN AND GENDER INEQUALITY

This Article is written by Upasana Pujari student of Presidency University, Bangalore. The article discusses the Constitutional Rights of women and gender inequality matter in detail and the various laws related to the same.   INTRODUCTION Gender inequality is concerned with the two different sex in this world who are unequally treated which affects the … Read more

CITIZENSHIP BILL IN QUESTION

I do not expect India of my dreams to develop one religion, i.e., to be wholly Hindu or Christian or Mussalman, but I want it t be wholly tolerant, with its religious working side by side with another. -Mahatma Gandhi Introduction The  was Citizenship Bill introduced after the Amendment in the previous Citizenship Act, 1955. … Read more

Forensic Science of Finger-Print Identification and Its Impact on Indian Evidence Act

‘The Science of Fingerprint identification is an exact  forensic science and does not admit of any mistake or doubt’ -S Murtaza Fazal Ali, J. Introduction to Forensic Print Evidence Fingerprints and finger marks combine to provide the most powerful means of personal identification available to police and courts. these serve as an avenue for forensic … Read more

CONTEMPORARY DEVELOPMENT IN CONSTITUTION

CONTEMPORARY DEVELOPMENT IN CONSTITUTION

INTRODUCTION The beauty of the Indian Constitution is that it includes, ‘I’, ‘We’, and ‘You’. This is a magnificent document that embodies every aspect of the society and the rules and regulations governing it and is further nurtured by judicial sensitivity. The constitution can be defined as a written or unwritten document having a legal … Read more

A SETTLED PARADOX: AYODHYA VERDICT

AYODHYA VERDICT

INTRODUCTION The Supreme Court of India has always delivered interpretive wonders but the latest verdict on Ayodhya Dispute was not less than a miracle. The unanimous judgment of 1045 pages was delivered by a constitutional bench of 5 judges headed by Chief Justice of India Ranjan Gogoi and Justice S A Bobde, Justice D Y … Read more

PROCEDURE OF ELECTION IN INDIA

Procedure of Election

The procedure of Election in India: 1.) Introduction: To conduct the election in India ‘Representative of the People Act’ has been passed by the Parliament on 25 October 1951. This act was passed by the Indian Provincial Parliament before first general elections. Basically, the act provides the actual conduct of elections in India. Furthermore, the … Read more

COMPREHENSIVE ANALYSIS ON INTERNATIONAL HUMAN RIGHTS LAW

Introduction The meaning of Human Rights is providing freedoms, immunities and benefit to people. It is believed that modern values at international level, promise that every human being can claim his or her right in the society in which they live. Basically, the concept of human right acknowledges that human being is entitled to enjoy … Read more

FORMATION OF LEGISLATIVE BODY IN INDIA

FORMATION OF LEGISLATIVE BODY IN INDIA

Introduction We all know that government has three organs that are Legislative, Judiciary and Executive. The function of each organ is absolutely differs from other such as Legislative is entrusted to draft the the law for regulation of peaceful society, Judiciary interprets and provide justice to people with the help of the laws and lastly … Read more

THE VERDICT: EMPLOYEE PROVIDENT FUND

Employee Provident Fund

Introduction: The position regarding EPF was not much clear in the essence of the fact that all wages need to be included for the deduction for EPF. In this view, recently, the Supreme Court has laid down a test flowing from the case of Regional Provident Fund Commissioner (II) West Bengal v. Vivekananda Vidyamandir & … Read more

Sources of International Human Rights Law

Introduction: So far as the source of international law is concerned it has two kinds primary is custom and treaties whereas general principle established by civilians are secondary sources. If we talk about sources of human rights law then it is United Nation Charter and Universal Declaration of Human Rights. The United Nation was enacted … Read more

DESIGNER BABY: AN ETHICAL DILEMMA

Introduction ‘Designer baby’, many of us must not even have heard of this term. But yes, it is also a possibility in today?s world, where technological advancement is on highest pace. Before the invention of IVF technology, designer baby was just a science fiction concept. But today, it is been 40 years since the first … Read more

BOOK REVIEW: Traditional and Modern forms of Talaq under Muslim Law

Forms of Talaq

This Review is about the recently published book ‘Traditional and Modern forms of Talaq under Muslim Law’ authored by Kuber Mahajan. Recently the Muslim Law in India has undergone various changes one of them is ‘triple talaq’ and therefore it is necessary to update with these changes. ‘Traditional and Modern forms of Talaq under Muslim … Read more

RTI AMENDMENT, 2019: THE CONTENTIOUS BILL

RTI Amendment

INTRODUCTION The Right to Information Act, commonly known as RTI Act, 2005 came into effect on October 12, 2005 after attaining assent of the President on 12th June 2005. This act set out regime to disclose the relevant information of public authorities. It bounds all such authorities which come under the ambit of the act … Read more

PRISONERS AND VOTE?

Introduction India is the largest democracy which provides every individual Right to Vote. The Article 326 of Indian Constitution mandates Adult Suffrage, which means that every Indian citizen above 18 years of age has Right to Vote. In every election, millions of people exercise their franchise and select their representative. But there is a significant … Read more

TRIPLE TALAQ: FROM DAWN TO DUSK

Triple Talaq

Introduction In India, the concept of Triple Talaq has covered a long journey. It was on 30th July, 2019 when, finally, the Triple Talaq Bill was passed by NDA Government with 84 in favour out of 99 votes. The bill has followed the judgment of Supreme Court in August of 2017, wherein the Triple Talaq … Read more

INX MEDIA CASE: THE RISING STORM

INX Media

INX Media case has become a sensation due to the involvement of senior Congress leader and former Union Finance Minister P. Chidambaram. This case involves the issue of money laundering that allegedly took place in 2007 when Mr. Chidambaram was the Finance Minister. Money laundering means the conversion of money, which is obtained illegally, in … Read more

IMPORTANT SUPREME COURT JUDGMENTS

supreme court judgments

Supreme Court Judgments for 2018 The year 2018 has proven to be the most significant year for the Indian Judiciary as we saw two CJIs Dipak Mishra and Ranjan Gogoi passing a lot of important supreme court judgments. The Constitution bench headed by CJI Dipak Misra delivered major supreme court judgments on topics such as … Read more

THE CURSED PROFESSION: PROSTITUTION

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NIGERIAN EMERGENCY IS NEVER ENDING

NIGERIAN EMERGENCY

On 14th May 2013 President Goodluck Jonathan declared a state of emergency in three states of Nigeria which were Borno, Yobe and Adamwara. This came to be known as the Nigerian Emergency. The emergency was imposed due to the increasing terrorist attacks of Boko Haram which became one of the dangerous terrorist groups after 2009, … Read more

AYODHYA DISPUTE: HOLY SITE AT QUESTION

HOLY SITE AT QUESTION: AYODHYA DISPUTE

This article informs you about the Ayodhya Dispute in detail. INTRODUCTION The Ayodhya Dispute is known for religious, political and historical debate in India since more than a century. The dispute is on the piece of land situated in the newly formed Distrtict Ayodhya, located in Uttar Pradesh. The issues revolve around the possession of … Read more