Sedition laws in 21st century India

A SHOWPIECE OF COLONIAL HANGOVER? Jyotsna Gabriel & Kush Agarwal1. ‘AUTONOMY IS AS AUTONOMY DOES’ An analysis into the draconian law paving its journey all the way from the colonial era making such act punishable with imprisonment for life. Government today does not recognize the fact that sedition laws today are not feasible in the turbulent politics of the Republic of India, which is a strong,...

Triple Talaq: From Prescriptive Functionalism to Transformative Constitutionalism

   Author: Dr Nafees Ahmad* India is confronted with a situation that has acquired, unfortunately, political primacy in a gender equality discourse. The religion of Islam bestowed upon equal rights for men and women devoid of any distinction including right to divorce. The utopian union of the husband and wife is a perennial pre-requisite for conjugal covertures in all civilized societies. Invariably,...

The Surrogacy (Regulation) Bill, 2016: An Analysis

Pooja Kurian1. Abstract The Surrogacy (Regulation) Bill, 2016 is an attempt of the government to regulate the process of surrogacy in India. This bill contains several impactful measures which have been awaited for, since a considerable number of years. Though this bill intends to bring positive changes, it has not failed to become a quarry to the socio-legal hindrances prevalent in the society and...

The “monte confurco” case (Seychelles v. France) prompt release

Jayant Mudgal, Student of Law, Amity Law School-I Facts1. Monte Confurco, was a fishing vessel, which had flag of state of Seychelles, and was registered by a Seychellian company in 2000. It had license to engage in fishing in international waters. On August 27, 2000 it left Port Loius in Mauritius, for fishing in the Southern Seas. It had a Spanish national as the ships master. While fishing, the...

Fundamental rights and frequencies: Right to broadcast

Sport fixing Betting scam in cricket
Chintan Nirala, 4th Year, B.A., LL.B(HONS.), Faculty of Law, Allahabad University Frequencies or Signals are an indispensable requirement for Communication, Media, Entertainment, or Technology. In other words, it is sine qua non for CMET. They may be unsuccessful in serving their purpose without the involvement of frequencies. It is the part of technology through which Entertainment, Media or Communication...

The rights and the wrongs of death and life

Arpitpushp Chaturvedi and Utkarsh Jain The paper we have written attempts to explore the dilemma and irony surrounding the section 309 of the Indian Penal Code. The section deals with the criminalization of attempt to suicide. Our paper discusses whether section 309 of the IPC should be unconstitutional, thus, indirectly granting a right to death or whether indeed life as given to us by god should...

Armed Forces Special Power Act and women safety

Armed Forces Special Power Act and women safety
Maitri Tandon, Student of Law, Symbiosis Law School ABSTARCT This research paper concerns in itself the scenario of the northeastern and the northern states of our country, India after the inception of the Armed Forces Special Power Act. The researcher has penned down her own views on, what should be the ambit of area in which the Act should be imposing. Here, in this paper various cases are cited,...

Spot fixing and Betting Scam in Cricket

Sport fixing Betting scam in cricket
Mahima Gherani Since time immemorial cricket, once called  “The Gentlemen’s Game” is one of the most widely played and accepted sport which now involves corrupt activities like spot fixing and sports betting as one of the fastest types of global crime and also an easy way of earning money. Betting on cricket matches in India has now become a tradition as it has been on the upswing ever since...

IPL Verdict: IPL players may get a lifetime ban from playing cricket

Chennai Super Kings Winning Team
The Lodha panel, which was appointed by the Supreme Court of India, suspended the owners of IPL franchises Chennai Super Kings and Rajasthan Royals for a period of two years in connection with the betting and spot-fixing scandals in the IPL. This follows the IPL rules that state that a franchisee can be punished if the team owners are found guilty of betting or betting related activities. In the light...

Premam Movie: Online Piracy and the film industry

Premam Movie Poster Malar
Piracy is a term we are frequently hearing since, last two weeks, where the censor copy of the Nivin Pauly starrer Malayalam Super hit movie “Premam”, was available online. The movie already collected around 30 Crore in the Box Office. Since, then internet piracy and the copyright infringement became a hot topic of discussion across the media in the South Indian State, Kerala. Here, in this era...

A Review of Biomedical Waste (Management and Handing) Rules, 1998

Waste Management a serious social issue
Dr. Sujata Pawar,1B.Com, LL.M,NET,SET, PhD ABSTRACT The Government of India, has notified Biomedical Waste (Management and handing) Rules, 1998 under the Environment (Protection) Act, 1986  and is applicable to all persons who generate, collect, receive, store, transport, treat, dispose, or handle biomedical waste in any form. The World Health Organization estimated that around 20% of the total waste...

Chhattisgarh sterilization massacre

Time to re-evaluate medical standards Raghavi Viswanath The recent incident in Chhattisgarh calls for a serious re-evaluation of the Government’s approach to family planning. As part of the State’s sterilization program, laparoscopic tubectomies were performed on 83 women in the Bilaspur district in a span of merely five hours. All these operations were performed by a single doctor. According to...

Quick Reference Guide: Arbitration, Conciliation and Mediation

Arbitration - Vishnu S Warrier
Quick Reference Guide: Arbitration, Conciliation and Mediation In pursuit of globalisation, India responded positively by opening up its economy. Along with the benefits promised it has also brought lot of issues. As we know the major concern of law is conflict resolution. Traditional justice delivery system through adjudication by courts had already given way to a large extent of alternative mode...

Ashoka Kumar Thakur v. Union of India

Supreme Court of India
A curious case of judicial indiscipline Gautam Mohanty, Student of Law, National Law University, Odissa The vicissitudes of the law of reservation were duly set about and demarcated in the case of Indira Sawhney v. Union of India1. The judgment of nine judges collectively with a majority upholding the provision of reservations to the Other Backward Classes to  the  extent of  27%  in central government...

THE TEXTILE UNDERTAKINGS (NATIONALISATION) LAWS

(AMENDMENT AND VALIDATION) BILL, 2014 Aastha Mehta, Student of Law, GNLU, Gandhinagar Textile industry has been a priority sector since independence, on the lines of the agriculture, and was seen as a huge employment inducing sector also. However Indian Mills have suffered an economic setback, and therefore the revival of such units is on prime agenda of the Government. “The sector has immense employment...

Kiss of Love and its legality

Kiss of Love
Vishnu S Warrier Well, recently it was observed in the southern state of Kerala that, a group of volunteers comes up with a new mode of protest against the moral policing called “Kiss of Love”. Subsequently said form of protest gathered support from educational institutions outside of Kerala including University of Hyderabad, JNU Delhi, IISER Kolkata, Pondicherry University, IIT Madras and IIT...

Novartis AG v. Union of India and Glivec patenting

Novartis Glivec
Reasons, Results and Repercussions of India’s fight against evergreening Preena Salgia, Student of Law, NLIU, Bhopal Glivec, an anti-cancer drug developed by the pharmaceutical giant Novartis, created a furore in the Indian drug industry when its patent application was rejected by the highest court of appeal in the country. The rejection was largely a result of Section 3(d) which was introduced in...

Case Analysis: In re Roslin Institute (Edinburgh)

Patent
Aastha Tushar Mehta & Bandhan Umesh Sheth1. Cloning is seen as one of the marvels of scientific inventions, and a stride ahead in the field of biology.  First ever produced mammal clone was “DOLLY” the sheep which was created by Keith Henry Stockman Campbell and Ian Wilmut, by a process called somatic cell nuclear transfer, wherein the researchers took nucleus of an adult somatic mammary cell...

Merchant Shipping Bill 2013: Legislative Comment

Aastha Mehta, GNLU, Gandhinagar India has always been known historically for the trade that it had with almost all the corners of the world which, meant that sea-trade, and merchant ships have not been a gift of the new scientific era in our country, but it has been part and parcel of our lives since many centuries. However with increase in the trade relations, modern equipments, more bigger and better...

Law Relating to Electronic Contracts by Dr. R.K Singh

Vishnu Chandran, II year LLM Student, School of Legal Studies, CUSAT The technological changes are boon for mankind and the internet has changed the life of people altogether. Almost everyone is accustomed to the virtual world and accesses the same. The new communication systems have replaced the traditional snail – pace systems of communication. Business communities and consumers are all the time...