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Showing posts with the label Legislations and Cases

Juvenile Justice System: A Tussle between Retributive and Reformative Approach | By Divya Gautam

The author of this article, Divya Gautam, brings out the tussle between the reformative and retributive approach in the development of the Juvenile Justice System of India. Introduction In the exposed modern era of 21st century, where access to anything is just a click away, in the time when youth is much aware of their rights and duties and much sensitive to what is right and what is not, the fact that maturity does not come with age cannot be neglected and especially in the time of uproar over the acquittal of child delinquents in cases likes of Nirbhaya case, Shakti mill gang rape case, Hatigaon Rape Case, and the Mercedes Hit and Run Case (2016), where the offenders fell short just a year or six months or mere one month of the legal major age and thus, airing the outcry that age cannot be the sole criteria in deciding the treatment to be given to the child, rather, other factors of more relevance should be taken care of. Dilemmatic Situation in seeking Justice It is ne...

The Colonial Law and the Global Virus | By Aniket Tiwari

We all know that currently, the whole world is facing a pandemic that even threatens the existence of humanity. Daily we come across plenty of news about lacs of people being infected by the Corona Virus. Thousands of people are dying because of the virus that originated in Wuhan province of China. The first case of coronavirus pandemic in India was reported on 30th January in Kerala. As of now (5th April 2020), the Health Ministry has confirmed 3577 cases with death tolls inching closer towards the hundred mark. Currently, the Indian Government has invoked two special legislations to contain the viral spread. While the government is using the Disaster Management Act, 2005 and the Epidemic Disease Act, 1897 in tandem to tackle the spread, experts have expressly opined for the need of modern public health law. On the 11th March 2020, the Union government ordered the states to implement the Epidemic Disease Act, 1897 to effectively enforce and pursue its advisory. Most of the...

RAM JANMABHOOMI – BABRI MASJID DISPUTE | By Siddharth Srivastava

India, a country which professes an overt celebration of multi-culturalism suffered an indelible blot on its image on 6th December 1992. Ayodhya, a city in western UP, is considered as a pristine abode of The Hindu God Lord Rama. The prominent mention of Ayodhya in the much-venerated text 'Ramayana' provides a testament to its sacrosanctity. This piousness tampered when a mobilized group of 1,50,000-2,00,000 karsevaks (one who offers free service for a religious cause) stormed the Babri Masjid and brought it down in a few minutes. To understand this incident better, delving into historical events becomes of veritable importance. Lores has it that Babur, the first Mughal emperor of India ordered his commander, Mir Baqi to build Babari Masjid in 1528. He ordered its construction to celebrate the conquest of Hindustan and further demolished a temple to architect Babri masjid at that place. The travel blog of Joseph Tiefenthaler between 1743-1785 establishes the fact that Hi...

National Register of Citizens | By Shubhang Shukla

What is the NRC? The citizenship act 1955 provides for compulsory registration of every citizen of India and issuance of national identity card to him. The citizenship rules 2003 framed under the citizenship act 1955 prescribe the manner of preparation of national register of citizens.  The only time that a national register of citizens (NRC) was prepared was in 1951 when after the conduct of the census of 1951 the NRC was prepared by recording particulars of all the persons enumerated during the census.  All the names appearing in the NRC 1951 or any of the electoral rolls up to midnight of 24th March 1971 together are called Legacy data.  Thus there will be two requirements for inclusion in updated NRC-  ● Existence of a person's name in the pre-1971 period and  ● Proving linkage with that person.  Forgetting their names included in the updated NRC, citizens shall have to submit application forms (family-wise).  Application fo...

Unlawful Activities Prevention Act 2019: Lawful or Unlawful? | By Dhruv Vatsyayan

On 23rd May of year 2019, something unprecedented and extraordinary happened, only for second time in history of Indian Politics, first being the case with former Prime Minister Late Smt. Indira Gandhi. The incumbent government returned to center of power, even more sturdily and robustly than earlier. The mandate of 2019 general election established that the voters have spoken for themselves clearly and firmly and had an unambiguous verdict. (1) And with this absolute nature of mandate came absolute power and in words of Lord John Dalberg-Acton Power causes corruption and Absolute power causes absolute corruption. As it was prophesized by many of the political activists and thinkers, soon the NDA-II government started flooding the parliament floor with such bills and legislations, which were draconian in nature and were unjustified, notable of them are RTI Amendment Bill of 2019, Abrogation of Article 370 without consulting local legislation of Jammu & Kashmir and UAPA Am...