Author: N. Rithani
Abstract: A woman is a symbol of love and strength. In India, woman is considered as power. Men and women are born equal and they should be treated equally. Women in independent India are comparatively in a more respectable position. Indian women are also responding positively to this changed socio -political situation .This does not mean that our women are completely free from problems. But in reality women are helpless and become more victims. However, most commonly the victims are women. Especially in our country victimization means treating someone badly, because they have made or involved in a complaint of discrimination. The long term result of women victim is painful and very rigorous which affect the women victim and their family also. These crimes were happens both in public and private places. The Equality act 2010 provides protection for certain discrimination like harassment and victimization.
Reproductive Rights and Medical Termination and Technology of Pregnancy in India
Author: Jahnavi Mehta
Abstract: Induced abortion has been legally permitted in India on broad grounds since 1971, yet representative information on access to abortion services and abortion incidence has remained scarce. In India, Pregnancy can be terminated till 20 weeks under Medical Termination of Pregnancy Act, 1971. After that, either one has to go for illegal abortion or forcefully have to bear the child. Many times medically it is not possible to treat the foetus, and then in that case abortion is the way to terminate the pregnancy not only for the benefit of the foetus but for the family and society and in such case if the mother is forced to carry the foetus, then she will be not only affected psychologically and but also likely to face severe health complication due to this in future.
Explained: LDA Regulation, Lakshadweep
Author: Komal Agrawal
Abstract: Lakshadweep, a group of 36 islands which is known for its sun-kissed beaches and lush green landscape is today seeking attention over the entire nation for the political conflicts and riots. The residents of Lakshadweep have been consistently protesting against some new regulations that has been introduced by Mr. Praful Khoda Patel, their new administrator, a former BJP leader who served as the Home Minister of Gujarat. The citizens-both from within Lakshadweep and neighbouring Kerala, the local BJP leaders and even the MP Mohammad Faizal is of the opinion that the new administrator is least bothered of the islanders’ culture & ecology. The new developmental rules i.e. Lakshadweep Development Authority Regulation or LDAR, 2021 permit the sale of liquor on island, bans beef and makes various plans to make the islanders vulnerable. This Regulation is alleged to be in violation of the Supreme Court guidelines for carrying out the developmental works in the ecologically-sensitive islands. The #SaveLakhsadweep campaign is going viral all over the social media calling for the attention of people and raise their voice in support of the islanders.
Explained: Doctrine of Basic Structure
Author: Mohd Mudassir Salim
Abstract: The Constitution of India consists of core principles that help in the efficient working of the constitutional machinery and is supported by various other acts and statutes. The Constitution, through its basic structure, protects the rights of the citizens of the country and also confers certain duties on them. This paper focuses on certain instances that subjected the basic structure of Constitution to various challenges, and the steps undertook by the Indian Judiciary to resolve such issues in order to preserve such basic structure.
Doctrine of Judicial Review
Author: Unitta Anna Shaji
Abstract: “Justice consists not in being neutral between right and wrong; but in finding out the right and upholding it, wherever found, against the wrong.” Judicial Review is the power of courts to pronounce upon the constitutionality of legislative and executive acts of the government which fall within their normal jurisdiction.in simple terms judicial review refers to supervising the exercise of power by the judiciary of other government coordinating bodies with a view to ensure that they remain within limits set by constitution on their powers. The term judicial doctrine refers to principle of rule of law and separation of powers. Judicial review mainly states that the ultimate power rests with the court.
Explained: National Database for Unorganised Workers
Author: Baisakhi Rout
Abstract: Unorganised laborers, abandoned by their employers and the government, embarked on a perilous journey home, walking hundreds of kilometers on roads in many cases, became the iconic image of the pandemic’s nationwide lockdown. The exodus from the cities revealed the safety net’s gaping vulnerabilities. Those establishments that hired interstate migrants, as well as all contractors that recruited these employees, were required to register under the Inter-State Migrant Workmen Act of 1979. If this statute had been properly implemented, data on interstate migration would have been easily available to aid the state apparatus in its relief efforts. However, no such thorough records were kept, and both the Central and state governments lacked information on the number of migrants and their whereabouts. This paper attempts to focus on the plight of unorganised workers, initiative taken so far, limitations on administrating these initiatives and on the Government decision for creation of a national database for unorganized workers.
Analysis: Tribunals Reforms Ordinance, 2021
Author: Medini Sharma
Abstract: This Ordinance was brought into existence due to various defects in the decision-making under these tribunals however some challenges are still lingering even after passing this bill. With removal of these challenges, this Ordinance can become a great success. The changes brought in by this ordinance are under keen observation by the citizens as they’ve been discussing it ever since it had been introduced. It can either be a great decision by the government of India or another useless change in the existing system.
Analysis: FIR in Nambi Narayanan Case
Author: Malvika Verma
Abstract: The motive behind the fake spy scandal that blew up rocket scientist Nambi Narayanan’s career is a mystery. He was unfairly charged with leaking confidential information regarding India’s space developments to foreign agencies which caused him immense humiliation. Recently an FIR was filed against the Kerala police with respect to wrongful arrest of the scientist and other persons in the espionage case. This article which was written using the doctrinal method, analyses the reasons behind filing of the FIR. It also lays down the happenings of the case with a carefully curated timeline.
Case Comment: Joseph Shine v. Union of India
Author: Anoushka Mukhia
Abstract: In Joseph Shine V. Union Of India a judgement was passed by the Supreme Court on 27th September which struck down a 158 year old Victorian morality law which talked about adultery. A petition was filed by Joseph Shine under Article 32, challenging the constitutionality of sec. 497 of IPC being violative of Article 14, Article 15 and Article 21.
Legal Status of Live-In Relations in India
Author: Mishika Pandita
Abstract: Legally, there is no proper definition of live-in relationship. Without any specific law, act, rules, or customs on this particular issue, the Supreme Court has from time to time delivered such judgements in the form of guidelines which regulates and validates these relationships. If two adults are in a live-in relationship consensually, then it won’t be considered illegal and, in the process, if the couple present themselves to the society as husband and wife and live together for a substantial period of time, the relationship is considered to be a relationship “in the nature of marriage”. Subsequently, the female partner can legally claim alimony, if such circumstances arise, under its provisions. Children born out of such relationships are considered legitimate and are also entitled to get share in their parents’ property but the property should be self-acquired. Also, they won’t be considered coparceners for Hindu undivided family property.
Explained: Section 87(2) of IT Act, 2000
Abstract: This paper aims to explain i) Section 87(2) of the Information Technology (IT) Act, 2000. ii) The importance of the IT Act and how it promotes and safeguards the use of computers, the web, and programming against cybercrime. It also throws light on the New IT Rules, 2021 that have been made by the Government to maintain the legitimate use of Digital Technology and ensure protection. To relate the study with a practical example, the Shreya Singhal vs Union of India case has been cited as an example to depict the importance of Section 87(2), IT Act.
The Model Code of Conduct: Is it Legal in India?
Author: Bhavana Haridas
Abstract: The pillar of democracy, elections in India have always been a grand display of power and wealth. Election campaigns attempt to attract voters towards a party, and often involve rallies, advertisements, posters, the list goes on. To regulate the election process and ensure that it is free and fair to every citizen, the Election Commission of India established a Model Code of Conduct (MCC) which must be followed by all candidates and parties. This article aims to explain how the MCC works during the elections to make the process transparent and fair, thereby preserving the essence of democracy.
Explained: Secularism in India
Author: Anshika Patel
Abstract: India, due to its multiculturalism characteristic, constantly found itself circled by the question of secularism. Secularism implies the detachment of religion from the state and ensures equal treatment to all religions. This concept is prevalent in India but not in a strict sense. Constitution has always carried the essence of secularism however the term was missing in-text, but over the period through judicial interpretation, articles, etc., it has strengthened its status in the country. This paper endeavors to understand the meaning, model, need, evolution, and challenges of secularism in India.
Analysis: Should Patents on Vaccines be Waived-Off amidst a Pandemic?
Author: Marisha Gawli
Abstract: The article focuses on analysis as to why there is a need to whether or not to waive the patents on vaccines amidst a pandemic. It explains what are IP and Patent rights and why are they established for vaccines. A number of reasons have been stated as to why there is a need to waive off the patent rights on vaccines amidst a pandemic. Also, there have been solutions offered to help facilitate and which could potentially help solve the problems that have arose due to the rights on producing the vaccines and help vaccinate people in developing countries.
Explained: 42nd Constitutional Amendment
Author: Saksham Rai
Abstract: The 42nd Amendment Act is also called as Constitutional Amendment Act, 1976, and is widely regarded as one of the most contentious actions in the history of Indian constitutional revisions. This act is also known as the “Mini-Constitution” because of the enormous number of revisions it has made to the Indian Constitution. This amendment consists of changes made to the Preamble, 40 provisions, Seventh Schedule, and 14 new Articles that were added into the Constitution. The 42nd Amendment has numerous beneficial features for example- free legal aid, child and environmental protection, fundamental duties, and other policies which are thought to be beneficial to individuals and communities alike.
What are the new IT rules?
Author: Prachi Tushar Parekh
Abstract: Information Technology (IT) plays an important role in today’s world in everyone’s life. However, there are various pros and cons of using the same and this research will help us to understand a few of them, along with the highlighted topic relating to the analysis of the new rules governing the IT. This article also includes the need and importance of the new IT rules, certain suggestions for improvement of the present conditions and rules in the existing laws relating to information Technology thereby preventing misuse. All these aspects are also explained thoroughly by way of a significant case law.
Explained: Concept of Equality in India
Author: Sejal Garg
Abstract: In a need to eliminate different social as well as economical inequalities, the legislation introduced the concept of equality which is considered as a fundamental and moral right as well. Dr. B.R Ambedkar considered the right to equality as a governing principle and stated that equality may be related to a fictional concept but one must accept it as a governing principle. This research implies a brief identification of right to equality, its origin, extent its evolution and development under international law as well as highlights its vital role in the upliftment of social and economic justice in the society.
Special Status of Northeast States
Author: Bhuvneshwari Rathore
Abstract: The present paper intends to bring out the special provisions of the North Eastern States, and would be focusing on the constitutional and the special provisions of it like the fifth and the sixth schedule, understand the perception of the special provisions, autonomous district and regional councils, get to know about the difference between the special and the special category status, discuss the politics relating to the special provisions of the North-East followed by a conclusion. The North-Eastern states have been granted special privileges under Article 371 which provides a special status that aims to preserve their tribal heritage.