Marital Rape Laws in India
Legal

Marital Rape Laws in India

Does a woman or man lose their degree of sexual autonomy after marriage? Hon’ble Justice DY Chandarchud took a stand in the negative on the Right to say “no” (to sex) after marriage. It is generally believed that either of the spouses must ensure each other’s approval on sexual intercourse after marriage but in ancient India, marital rape was not even accepted as an issue.  The primary reason behind this mentality was the patriarchal framework of Indian society and that women were considered a ‘property’ or a ‘chattel’ of their husbands. This does sound orthodox! However, in present India, courts are taking up cases based on this issue although India is among the 36 countries where marital rape is not yet criminalized, unlike 150 other countries. Read this article to know about the pros and cons of criminalizing marital rape and judicial precedents!

Continue Reading about 3 months ago
Right against Sexual Harassment –A Fundamental Right
Constitutional Developments

Right against Sexual Harassment –A Fundamental Right

According to the recent report of the National Crime Records Bureau on Crime in India, there were 17,003 total reported cases of sexual harassment in the year 2020. Despite the pandemic and with most people working from home, still, 485 incidents of sexual harassment at the workplace were reported. Further, a study shows that male suicides are 4 times more than female suicides at a workplace. Thus, any person can be subjected to this shameful act, as it is not just a crime against the body, but it is a crime against the soul.

Continue Reading about 4 months ago
Farm Laws Repealed- What led to this decision?
Recent Updates

Farm Laws Repealed- What led to this decision?

After a long run debate, our Indian Parliament has finally decided to repeal the three controversial farm laws which were enacted last year. Prime Minister Narendra Modi in his address to the nation has assured that the legislative process for the repeal would be completed in the upcoming Winter Session of Parliament. He also requested the farmers to return home to their families and put an end to the protest. 

Continue Reading about 6 months ago
AIBE 2021- Exam Analysis & Other Details
Recent Updates

AIBE 2021- Exam Analysis & Other Details

All India Bar Examination is an open-book exam that is conducted so that qualified law graduates can become advocates in India and practice the noble profession. Without clearing AIBE, a law graduate cannot practise in the Indian Courts. It is generally said that the All India Bar Examination is not a hard nut to crack and candidates who follow the syllabus and carry the right bare acts in the examination can clearly do so. 

Continue Reading about 6 months ago
Anticipatory Bail under CrPC and its Laws
Criminal Law

Anticipatory Bail under CrPC and its Laws

Personal liberty is a fundamental right guaranteed by Article 21 of the Indian Constitution as a natural, vital, and essential right of individuals. This right is included in the Indian Constitution's immutable basic structure. When a person is suspected of committing a crime, the legal system is obligated to arrest them, bring them to trial, and punish them if they are found guilty. An individual's personal liberty is taken away when he is arrested, and securing bail usually sets him free. The right to personal liberty is intrinsically tied to the concept of bail. The right to secure bail stems from sections 436, 437, and 439 of the Code of Criminal Procedure, 1973 ("Code"), as well as the aspect of anticipatory bail added by the Law Commission's 41st report.

Continue Reading about 7 months ago
Difference between FIR & Complaint
Criminal Law

Difference between FIR & Complaint

As it is widely acclaimed that “Crime prevention is everybody’s business”, thus, the primary objective of our criminal law is to protect the law and order in the society from the criminals and the law breakers. This leads us to an important question that is how we can contribute to the same? The simple answer is by reporting the occurrence of an offence. 

Continue Reading about 7 months ago
Is there a law for Paternity Leaves in India?
Constitutional Developments

Is there a law for Paternity Leaves in India?

The discussions and debates revolving around paternity leaves have started to resurface around the time when the Indian cricket team captain Virat Kohli decided to take eternity leave and chose to desert in the India-Australia test series in between. Maternity relief is provided under Article 42 of the Indian constitution as under Directive Principles of State Policy. Various legislation have also been enacted to protect women's interests at work during their maternity leave.

Continue Reading about 7 months ago
Why India Needs a Separate Law for Honor Killing?
Constitutional Developments

Why India Needs a Separate Law for Honor Killing?

Attaining a happy ending is yet a euphoria for inter-caste marriage couples in India. Hundreds of cases of barbaric slaughter of such couples come across every year in the country. This practice of honour killing still subsists even in the dire times of covid-19 pandemic, with the latest case being murder of a 24 year-old in Tamil Nadu by his father-in-law and brother-in-law for marrying an upper caste girl. Regardless of the fact that these offences are neither new nor on the decline in India, there exists no separate legislation against them. There is a thread of causes as to the need of a distinct legislation for acts of honour killing in order to tackle the situation better.

Continue Reading about 7 months ago
How to read a case citation?
Legal

How to read a case citation?

Whenever an individual searches for a case name, along with the case name one also finds certain letters and numbers suffixed to it. These combinations of numbers and letters after the party names are known as citations for the case laws being referred to. Reading Judgments for a Student is inevitable while in law school and often students don’t know how to look up to a case with citation.

Continue Reading about 7 months ago
How to become an Advocate in India?
Legal

How to become an Advocate in India?

India has a humongous judicial system which consists of more than 20 lakh of lawyers. In India when a freshly graduated law student aspires to be an advocate he or she has to go through a tedious process with the Bar Council of India. The Bar Council of India (“BCI”) is a widely recognised statutory agency that oversees the country's legal system, as  established under the Advocates Act of 1961 (“The Act”) with the goal of establishing professional standards of behaviour as well as overseeing the operations of all other State Bar Councils (“SBC”). BCI is a separate legal entity that reports to the Ministry of Law and Justice of the Indian government. Due to it being a corporate organisation with a seal and everlasting succession over both movable and immovable assets, it can sue anybody who infringes on it or be sued for its acts.

Continue Reading about 7 months ago
Is Abortion Legal in India?
Constitutional Developments

Is Abortion Legal in India?

Abortion is among the few matters which have been inculcated in discussions among both national and international organisations. The whole saga revolves around the dilemma of whether the right to termination of pregnancy of a woman supersedes the right to life of an unborn foetus or child. The right to life has been recognised as a very crucial aspect of the Indian Constitution as per the provisions of Article 21. 

Continue Reading about 8 months ago
Is there a Fundamental Right to Drink Liquor?
Constitutional Developments

Is there a Fundamental Right to Drink Liquor?

Liquor is an inseparable part of the vast majority in India. Consumption of liquor amounted to 5.4 billion liters in 2016 which was expected to go up to 6.5 billion liters by 2020. It is a matter of lifestyle and choice for individuals, irrespective of the fact if it's a healthy choice or not. This leads to a question in any common citizen's mind about whether he has the fundamental right to consume liquor or not and whether the State Government absolutely banning liquor in their territory is backed by authority and justification or not.

Continue Reading about 8 months ago
Doctrine of Res Judicata and Res Sub Judice
Civil Law

Doctrine of Res Judicata and Res Sub Judice

The courts take help of several common law and theories to maintain balance and improve our judiciary system, the main aim of these theories is to access “judicial efficiency” and to guarantee that a productive pace of justice is attained and maintained in the courtroom. The  Doctrine of Res Sub Judice and Res Judicata are two of these concepts covered in this article. 

Continue Reading about 8 months ago
Difference between Judges & Magistrates
Civil Law

Difference between Judges & Magistrates

Judges and Magistrates are two terms which are often confusing for many people and these terms are generally used interchangeably or synonymously. But are Judges and Magistrates synonymous to each other or they possess different roles in the Indian Judicial System? In order to clearly understand their positions, we must firstly understand the judicial system of India in brief.

Continue Reading about 9 months ago
5 Things you must know about CLAT PG 2021
Recent Updates

5 Things you must know about CLAT PG 2021

After a long wait and delay due to the present scenario, CLAT PG 2021 was ultimately conducted offline on 23rd July 2021. More than 10,000 students appeared for CLAT PG Programme. Analysis of the examination is as important as the exam itself.

Continue Reading about 9 months ago
How Judgment, Decree and Order are Different?
Legal

How Judgment, Decree and Order are Different?

There are certain differences between Judgement, Decree and Order. The decisions given by the court of law are either orders or decrees. A decree is followed by a judgement that is pronounced by the court after hearing the case. It is important to note that decree and order are analogous to each other. A judgment is passed by the court of law on the ground of decree or order.

Continue Reading about 10 months ago
Landmark Judgments of 2020: Must Read for Law Students
Recent Updates

Landmark Judgments of 2020: Must Read for Law Students

The Supreme Court of India has once again proved to be the guardian of justice in the country during one of the most tragic and surprising year as it not only adopted to the online mode by enhancing e-courts programs but also ensured that justice was delivered on time regarding important issues of the country. Let us have a look at the most important cases decided in the year 2020-

Continue Reading about 10 months ago
How does cybercrime cell work in india?
Recent Updates

How does cybercrime cell work in india?

Did you know that India loses five times as much in online frauds compared to burglary and theft, with some cities, registering more cybercrime cases with the police than the conventional crimes like murder, theft, burglary? In addition to the cybercrimes that have targeted the Indian consumers, businesses and government agencies, there are various other types of “insider” cybercrimes that have been reported in the country as well. Factors including the country’s increasing digitization, the position as a global outsourcing hub makes India a continuous cybercrime target. This has led to Indian consumers and agencies becoming a victim of high-profile international crimes. However, it should not be forgotten that India also generates a number of cybercrimes that affect Internet users all over the world.

Continue Reading about 10 months ago