Month: July 2018

Terrorism, Technology and Juvenile

Terrorism, Technology and Juvenile

landmark cases Madan Singh vs. State of Bihar section 2(k) of the Juvenile Justice The literal meaning of terrorism is the unlawful use of violence and intimidation, especially against civilians with an object to fulfil a political aim. Legally, it is both mala prohibita, which means the crime that made illegal by legislation and mala in se, which means crime that is inherently immoral or wrong. There is no universal definition for terrorism. Various agencies interpret the term with different definitions.

Honour Killing- An Evil that Refuses to Die

Honour Killing- An Evil that Refuses to Die

An honour killing or a shame killing is the homicide of a member of a family, due to the perpetrators’ belief that the victim has brought shame or dishonour upon the family, or has violated the principles of a community or a religion, usually for reasons such as refusing to enter in an arranged marriage, being in a relationship that is disapproved by their family, having sex outside marriage, becoming the victim of rape, dressing in ways which are deemed inappropriate.

Tackling Crime without Proper Evidence – The Doctrine of Res Gestae

Tackling Crime without Proper Evidence – The Doctrine of Res Gestae

res gestae’ may be defined as those circumstances which are the automatic & undersigned incidents of a particular litigator’s act & which are admissible when illustrative of such act. These incidents may be separable from the act by a lapse of time more or less appreciable. A transaction may last for weeks. The incidents may consist of saying & doing of any one absorbed in the event, whether participant or bystander: they may compromise things left undone as well as things done.”

The Journey of Triple Talaq in India

The Journey of Triple Talaq in India

landmark judgements Nowadays use and status of Triple Talaq in India is a subject of controversy and is connected to debate about a uniform civil code (Article 44) in India. Triple Talaq is a form of instant Islamic divorce also known as talaq-e-biddat and talaq-e-mughallazah especially by adherents of Hanafi Sunni Islamic schools of jurisprudence.

Sexual Harassment at Workplace

Sexual Harassment at Workplace

Majority of women employees do not report sexual harassment due to lack of confidence in the organization mechanism, low awareness about law and procedures, threat of professional victimization apart from fear of ridicule, stigma, embarrassment. In May 2016 there was an amendment to the 2013 Act wherein nomenclature was changed from Internal Complaints Committee (ICC) to Internal Committee (IC).The employers and ICs have not made efforts to create assurance in women employees so there is low or no reporting of sexual harassment. Low or zero reporting justifies the passive approach taken by the IC’s.Role of IC is to receive complaints to proactively undertaking prevention initiatives which will create awareness about rights of women employees guaranteed by law and raising their confidence to report incidents of sexual harassment. This will help break silence and enhance reporting of sexual harassment.

Laws pertaining to Drug addiction and Trafficking

Psychoactive drugs like alcohol, stimulants nicotine and caffeine are chemical substances that, alters perception, mood or consciousness of a person. These three psychoactive drugs are worldwide consumed and are considered recreational drugs since they are used for pleasure rather than medicinal purposes. Other recreational drugs include hallucinogens, opiates and amphetamine and some are also used in spiritual or religious settings. They can cause addiction and have side effects. Many recreational drugs are illicit and international treaties such as the Single Convention on Narcotic Drugs exist for the purpose of their prohibition.

Justice Delayed is Justice Denied

Justice is a rather vague term, fabricated by society to incorporate a sense of fairness in relations between individuals, amongst themselves and in their interaction with the State. “Ubi jus ibi remedium”, a basic doctrine in law stands as the very embodiment of the prevailing sense of justice that every human society seeks to secure for its inhabitants. The reciprocity of a legal right and the restitution or restoration of said right in the manner of a remedy is the primary implication of the doctrine. In simple words, a right and a remedy must ideally coexist in order for justice to be imparted fairly. But idealism throughout the years has proven to be a myth and the remedy in most occasions has proven to be an obstruction rather than an aid to justice. 

How does Trial by Media negatively affect mindsets?

media has no business declaring someone guilty, there are courts for that. Media houses must realize that there is a very clear line separating presenting facts and declaring someone guilty. The media houses over the country must realize this and redefine their limits. The media houses of the country must present all the facts unaltered. If they start giving out decisions on who is guilty and who isn’t it just defeats the purpose of having media in the country and it would be controlled propaganda instead of keeping their citizens updated. To judge the guilt of a person is not their business and they should refrain from doing this. No news channel has the right to enforce its opinion on to the common man of the country, let alone paint someone guilty in front of the country which is equivalent to defamation. To add to that our country’s legal system is built in a manner that no innocent is adjudged a

Bird’s-eye view of POCSO Act, 2012: In-depth analysis of its provisions and related case laws

pocso act news of sexual exploitation of children either in school or at home by people on whom family trusts. So, the then President on June 19, 2012 gave his assent for the Protection of Children from Sexual Offences Act (POCSO Act) , 2012 which was notified in the Gazette of India on June 20, 2012. The Act defines for children below eighteen years of age and different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography. The Act also casts the police in the role of child protectors during the investigative process. The Act states that the evidence of the child should be recorded within a period of thirty days.

LGBT Rights: The Journey Till Now

LGBT Rights: The Journey Till Now

Scope of the Section 377 of IPC is Ambiguous. Under section 377 of IPC scope of unnatural offences is ambiguous because there is no clear distinction between consenting and coercive sex, against the order of nature etc. On 2 July, 2009, Delhi High Court, decriminalized homosexual intercourse between consenting adults and judged section 377 of ‘the Indian Penal code to be conflicting with the fundamental rights guaranteed by the Constitution of India.

  • 1
  • 2