Posts Tagged: supreme court

Constitutional Developments

Hijab Controversy Explained

You might have heard about the recent controversy regarding the hijab ban, but before getting into it we must understand that the word hijab is not defined anywhere in the Quran. It only talks about a partition or curtain and is to be used by the wife of prophets. They were supposed to be covered not just in their garments but also in the space that they occupy. Numerous girls across different States are protesting the hijab ban.

Recent Updates

Rights of Daughters in Father's Property

Wondering if daughters have a right to inherit property? Or Are daughter’s coparceners in father’s ancestral property like sons? In India, daughters' rights on their father’s property have always been in controversy and even after several judgments, dilemmas on the same haven’t been resolved whether it’s the landmark case of Vineeta Sharma or any other. It’s a known fact that women have always been treated inferior to men, both in terms of inheritance rights and the capacity to hold property independently and many restrictions were imposed on both inheritance and woman’s property rights in our country.

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!

Constitutional Developments

Is The ‘Right To Be Forgotten’ a Fundamental Right?

Almost all of us have had some embarrassing moments in our lives and we all have made mistakes that we are not very proud of. Many of us learn and change. But what if the world refuses to accept our evolution. This is what the concept of Right to be Forgotten is all about.

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.

Legal

Important Cases of 2021- Part 2

When we talk about law school examinations or any competitive exam in which law-related questions are asked, recent Judgements play a very important role. Therefore in continuation with the last article, in this blog, we will be talking about the rest of the important cases of the year 2021.

Recent Updates

Raising legal marriage age for women

An Indian wedding is gradually becoming a way for people to show off their social status, all ‘courtesy to Bollywood’. As shocking as it might sound, but Indian parents usually spend more on lavish weddings and dowry than on education, especially in case of daughters, who are married at an early age sacrificing their education due to societal and peer pressure. But don’t you agree that even a thought like this must be considered as “ridiculous as drinking poison to satiate one’s thirst?”

Legal

Vodafone Tax Dispute Case

Do you remember the good old days when there was an iconic Vodafone ad with the pug? You and I in this beautiful world...brings back all the nostalgia, doesn’t it? They surely took the internet by storm with this ad still stuck in the minds of the Millenials!

Constitutional Developments

How to Repeal Laws in India?

Many amongst us are almost familiar with the law-making process in India wherein a bill is passed by both the Houses of Parliament and then it is sent to the president for assent. But what about its repeal? Only a few would have the idea as to repeal or nullification of the laws in India. Around 58 Acts have been repealed by far. As we have seen that after a lot of resistance from the farmers; PM Modi on the auspicious occasion of Guru Nanak Jayanti addressed the nation that the government will repeal the three new farm laws in the upcoming Winter session of Parliament despite constant efforts made by the Government to convince the farmers on the benefits of the farm laws. Now, the word “repeal” here means to withdraw, annul or revoke any Act of Parliament. But why & how? To know these, read this article.

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.

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.

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.

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.

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.

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.

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.

Criminal Law

Why is Marital Rape still not a crime in India?

While practically every nation in the world recognises unwanted sexual contact between a husband and a wife as a crime, India yet remains to be one of thirty-six nations that has yet to prosecute marital rape. It is a socially accepted norm that after engaging in a marital relation, a wife is considered to give her husband eternal agreement to have sexual relations with her. This makes it highly essential to bring out changes in the marital laws of nations worldwide in order to establish rule of equality and maintain order of justice, especially in a “Nation of Goddesses” like 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.

Posts Tagged: supreme court

Hijab Controversy Explained

Rights of Daughters in Father's Property

Marital Rape Laws in India

Is The ‘Right To Be Forgotten’ a Fundamental Right?

Right against Sexual Harassment –A Fundamental Right

Important Cases of 2021- Part 2

Raising legal marriage age for women

Vodafone Tax Dispute Case

How to Repeal Laws in India?

Farm Laws Repealed- What led to this decision?

AIBE 2021- Exam Analysis & Other Details

Anticipatory Bail under CrPC and its Laws

Is there a law for Paternity Leaves in India?

Why India Needs a Separate Law for Honor Killing?

How to read a case citation?

How to become an Advocate in India?

Why is Marital Rape still not a crime in India?

Is Abortion Legal in India?

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