Posts Tagged: judiciary

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Reservation in India: Know everything about Reservation system in detail

As soon as India gained independence, reservations were incorporated into the constitution to acknowledge the historical injustice done to members of underprivileged groups and to put policies in place to give them better access to resources and opportunities.

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Article 20 (1), (2), (3): Protection Against Conviction of Offenses

Have you ever wondered if a law passed in 1947 states a particular punishment that was later amended in 1979, which reduced the punishment, then which punishment will the convict get?

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Compulsory Licensing under Patent Law

Can you use somebody else's patent without the authorization of the patent owner? This is when compulsory license comes into role. Common examples of compulsory licenses are cable providers, music companies, satellite television providers etc. However, it is a subject that is fiercely contested. Due to the scarcity and high cost of medications, many developing nations place a high value on compulsory licensing and are granting an increasing number of these licenses each year. The industrialized nations of Europe and the United States disagree with this viewpoint since it would make it harder for pharmaceutical corporations to innovate. This article contains information about compulsory licensing, its provisions under patent law, some international provisions, case laws regarding the same, and its importance at the time of COVID-19.

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Atal Bihari Vajpayee: Biography, Political Career & Death

"Atal Bihari Vajpayee, the man of the masses; the man who was always lauded as a statesman politician; the man who was always ready to go beyond his political agenda for the greater good and whatnot."

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Bhagat Singh: Why was he hanged?

"A man with beliefs and ideals like mine could never think of dying uselessly. We want to get the maximum value for our lives. We want to serve humanity as much as possible."

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Alcohol Ban: Dry States in India

In India, according to the National Family Health Survey-5 2019-21, released in 2022, Arunachal Pradesh has the highest proportion of women (24%) and men (53%) who drink alcohol. On the other hand, alcohol is prohibited in a few states, such as Bihar, Gujarat, Mizoram, Nagaland etc. The directive principles of state policy (DPSP) in the Indian Constitution (article 47) state that "the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health," however, it is non-justiciable and ‘liquor’ being a state subject, it is the state permitting the sale of liquor or imposing a ban on it.

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Gender biased laws in India: Why are only women considered victims?

Generally, it is assumed that women can never be predators but only victims; one reason for this mentality is the definition of offences one beholds. In India, men's modesty (sexual dignity) is not recognised by criminal law because even the definitions under criminal law believe that modesty is an attribute that is only related to women. For example, Rape, as per the definition under IPC, mainly focused on penile-vaginal intercourse; however, after the 2013 criminal law amendment, penetration of any object was also included.

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Uttarakhand Resort Murder Case

Nanavati murder case, the Tandoor murder, the child killers (Renuka Shinde & Seema Gavit), the Sheena Bora murder case, and so many more, India has been witnessing bizarre and horrific events of murder since old times. Similarly, if a politician or his family member commits a crime later concealed with the help of someone in power so, nowadays, situations like these are extremely typical in India. At the very least, those granted the power to lead this country must not abuse that authority. In a recent incident, our country has again seen a heinous crime where an accused who is politically powerful near about escaped from his crime, however, the case came into the limelight, sparking a ray of hope that one-day justice will be served. At the same time, questions popped up in our minds are; whether Indian criminal laws are stringent enough to completely end these crimes, what is the punishment of murder prescribed by our criminal law and more. So, let's discuss all these in this article.

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Honour killing in India

Honor killing has been prevalent in India, especially in the North, for a long time. The term "Honor Killing or Honour Killing " refers to the homicide of a family member by other family members who believe that the victim violated community norms and has brought shame to the family. Due to this crime, many youths in India have been killed to date. It is because so-called honour killings are based on the belief that women are objects and commodities, not human beings endowed with dignity and rights.

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Stalking laws in India

Although stalking is frequently written off as simple, innocent behaviour, it can be frightening and upsetting for the victim. It is repeated and unwanted surveillance by a person or group towards another person; in a simpler sense, one can co-relate stalking to harassment and intimidation as the victim ultimately has to take the damage, relocate, change employment, and occasionally change their identity to escape the stalker.

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Eve teasing in India

Eve teasing is a serious crime, even if it's not considered as one, as it is harassment of women in public places like the workplace or streets. It can be committed with a sly whistle, casual touch, humming a suggestive song, etc. Indian criminal laws prescribe punishment for the same as it is a gendered crime against women where only men can be the perpetrator. We have also seen Indian films depicting mild teasing accompanied by a song and dance that mostly results in the female protagonist submitting to the male protagonist's advances in the end. So, many youths tend to replicate this example shown on screen in their real lives; hence referred to as the “Roadside Romeos”.

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Is Weed Legal in India: Cannabis Law

Bhang, Ganja, Weed, Charas, stuff, etc., are all popular nomenclatures of cannabis in India. Being an adult or a teenager (not to forget, even kids these days), you all may be familiar with this stuff used for ‘smoking’ or drunk as ‘Thandai’ during Holi. Cannabis has been a part of our country, especially in the Hindu religion. The plant is referred to as a “weed” because it can grow by itself in the wild, mostly in Indian soil. So, in India, the NDPS Act, 1985 governing the legality or illegality of cannabis prohibits consuming its flowers, fruits, or resins but allows the harvest and consumption of its leaves which is why bhang is legal in India as it is made of its leaves, it would still be legal if an occasional flower or a bud, get into the mix.

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Theories and types of punishment in India

Humans have always been capable of dreaming brutal ways to punish alleged witches, offenders, etc. Even the penal system in ancient India had also been very ruthless. So, it would not be wrong to say that for ages, extremely violent and brutal methods of execution and punishments have come and gone in the entire world; few of these included pushing off the cliff, being crushed by an elephant, boiling method, blood eagle, and whatnot.

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Dr. Justice Dhananjaya Y Chandrachud: Most popular Judge & his landmark cases

Justice DY Chandrachud is considered one of the most hailed and progressive voices in the Supreme Court. During his service in the Supreme Court, he has been on the highest number of Constitution Benches (five judges or more), which have been constituted to hear matters on constitutional questions. He has delivered various judgments on Indian constitutional law, human rights, gender justice, public interest litigation, commercial law, and criminal law.

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Gyanvapi Mosque Case: What Places of Worship Act says?

Land disputes have been one of the fieriest issues in India; whether be it the Ram Janmabhoomi Babri- Masjid case or the Gyanvapi Mosque case, the common link between these major land disputes demanding construction or demolition of mosques or temples has been the Places of Worship Act, 1991. This legislation has usually been controversial since its promulgation mainly due to the Babri Masjid demolition in 1992 that led to communal violence in India and now in the Gyanvapi Mosque case known to have been created by Aurangzeb after the demolition of the Kashi Vishwanath Temple.

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Euthanasia in India: Is right to die with dignity legal?

In layman's terms, the right to die implies a person’s right to end his/her life. In contrast, in a legal sense, it means a doctor, when allowed by law, to end a person’s life by painless means, as long as the person and their family agree. It is also called aid in dying law, death with dignity law, or assisted suicide. On the other hand, the constitution of India provides article 21, which is known as the heart of the constitution. It is a fundamental right that protects life and personal liberty and states that a human being is entitled to make any decision relating to their life. This article will focus on major judgments and arguments on whether the right to die is discrepant from the right to life or it is included under the article 21 itself.

Legal

Bail and Arrest: Everything you need to know

Arrest and bail are the two important concepts in Criminal Law. An arrest is made as a preventive measure to bring the accused into lawful custody and to avoid any hindrances in the investigation during the trial. Bail is considered a matter of right, and refusal of bail restricts personal liberty guaranteed under Article 21 of the Constitution of India.

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Does India have any national language?

India is a diverse land composed of individuals from different communities, backgrounds, religions, etc. What we eat and how we speak varies from region to region. We Indians often seek symbols and objects that unite us in this diversity. The national anthem, the national animal, and the national flower are relevant examples. It is famously said that the language changes every few kilometres in India, like water. Thus, unlike other national symbols, choosing a "national language" for India was challenging and witnessed violence and heated debate.

Reservation in India: Know everything about Reservation system in detail

Article 20 (1), (2), (3): Protection Against Conviction of Offenses

Compulsory Licensing under Patent Law

Atal Bihari Vajpayee: Biography, Political Career & Death

Bhagat Singh: Why was he hanged?

Alcohol Ban: Dry States in India

Gender biased laws in India: Why are only women considered victims?

Uttarakhand Resort Murder Case

Honour killing in India

Stalking laws in India

Eve teasing in India

Is Weed Legal in India: Cannabis Law

Theories and types of punishment in India

Dr. Justice Dhananjaya Y Chandrachud: Most popular Judge & his landmark cases

Gyanvapi Mosque Case: What Places of Worship Act says?

Euthanasia in India: Is right to die with dignity legal?

Bail and Arrest: Everything you need to know

Does India have any national language?

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