VOLUME 2: ISSUE 2
COMPARITIVE ANALYSIS INTO THE LIFES OF PEOPLE IN KASHMIRI VALLEY
Sidharth Sethunath & Safal Tom
Abstract: In writing this article I seek to shed light on the history of Jammu & Kashmir from a socio-legal perspective. I have detailed out the earliest known records of Kashmir and have attempted to list out chronologically, a few important legislatures that impacted life in Kashmir enormously. It’s of utmost significance to study Kashmir and its diverse history because it’s far too long been the bone of contention between India and Pakistan and often been overlooked by both nations especially in aspects outside the bubble of political power dynamics. In order to help effectuate welfare in Kashmir, the past has to be well analyzed and logical inferences should be made with regards to prioritization and resource allocation. The highly sensitive nature of administration in Kashmir should also be studied expansively to understand the concerns and needs of people and the state. Through this article, I hope to have brought to the reader’s attention, the impact of a few legislatures on life in Kashmir.
INDIA’S FRICTIONAL FEDERALISM ON THE PERIPHERY OF “CONSTITUTIONAL BARGAIN”
Abstract: India subscribing to the federal spirit at the time of Independence opened various dimensions of discussions over its true implementation projection and circumvention of Centre’s prevalence in policy framing and decision-making desolating state provinces of their commitment in a unitary democratic republic. India has always expounded to the idea of quasi-federalism with a Central dominance regulating the model of Independent India. To reassure this idea, this article takes into account the evolutionary institutional setup of ‘forms’ of federalism resonating their presence in the economic-political paradigm of India. These forms have convoluted to re-affirm time and again the premise of Centre’s dominance in the regime of provincial matters: finding a way through policy dictation and inter-institutional interference. A judicious study is complemented invoking situations of the present times to insinuate shift from co-operative structure to diverse structures present. These situations are accentuated by a style of power struggle which happens to be prevalent in the country since the time of Independence. The Goods and Services tax, New Education Policy, Agriculture Bills and Covid-19 are critically analysed with a federalist mindset and conclusions have been progressed to demarcate presence of centripetal forces dominating the Indian model.
RELATIONSHIP BETWEEN SCHEME OF MERGER AND RELEVANT PROVISIONS UNDER THE COMPANIES ACT
Abstract: To begin with, changes in the fast-evolving and rapidly changing world the need for more challenging business models is required. The companies act 1956 act has been replaced by the 2013 act and enhancing the disclosure norms and facilitating the growth of companies and in turn providing protection and safeguarding the interests of the investors and yes of course their interests are to be taken care of the reason being at the end of the day it’s their money that been invested in the markets. The landscape of mergers and acquisitions has gained significant importance in recent times. Businesses are necessitated to undergo an M&A endeavor on account of various considerations. The scheme of the merger is more of a platform for the new business to gain and increase even more to a larger market share. It is one of the major aspects of the corporate finance world. It helps strong companies grow faster than competitors and provide entrepreneurs rewards for their efforts. This paper streamlines the intent of the giant corporates mitigating their losses by resolving through a scheme of compromise and arrangement thereby safeguarding the interests of the investors and to regain their confidence in investing as these investors are the future assets of the company to more specific well it can be said that just as a ship without radar is a company without its investors is nothing as there won’t a business plan and to run the corporate sector would be indeed a tough task as the company is an artificial person and it’s the shareholders who are the main wings of the company. mergers and acquisitions have essentially gained a greater place as post-merger most of the giant corporates revive back with good growth which was once running with losses. This paper discusses the success and the growth that corporates post-merger come up with.
Interpretation of the Domestic Violence Act, 2005 and The Need for Gender Neutrality
Abstract: Abomination and monstrosity against women in various parts of the world is not something innominate to us. Coming to our own country India, barbarity and atrocities towards women have been an age-old phenomena. The last period during which the term “Human Civilisation” breathed in the air and soil of India was probably during the Early Vedic Period when women and men were given equal position in the society. Gradually during the Later Vedic Period and more precisely, with the birth of medieval period, the death of the true essence of civilisation started approaching and the position of women in a much superior civilised society started deteriorating and finally, women’s status was resolved to be that of doing household works, taking care of husband and the in-laws and raising children. Howbeit, with the emergence of 19th century the social status of women, started reshaping due to the increased and strengthened efforts of amelioration. One of the Acts dedicated towards providing better protection towards women and preventing crimes against women is, The Protection of Women from Domestic Violence Act 2005 which aims at protecting women from the instances of domestic violence. In the Indian perspective, the term domestic violence has more or less become women-centric. Whereas the practical reality is pretty different than what we might think of. In today’s day, even men become the victim of domestic violence in way of psychological, verbal and as well as sexual abuse by their inmates and or to be more precise, by their partner. This paper deals with the interpretation of The Protection of Women from Domestic Violence Act 2005, and the need for gender neutrality of such Acts in order to provide justice to the shockingly increasing number of male sufferers of domestic violence in India.Pandemic has brought significant challenges and has impacted the lives of people immensely. This article tries to scrutinize the economic, socio-cultural, and legal ramifications of a pandemic, analyzing all the contemporary issues associated with it. It also looks upon the solution that can be incorporated to fight the situation.
RAPE: THE BIGGEST SOCIAL EVIL OF ALL TIME
Abstract: This Research Paper consists of the issue of a sexual offense against women in India. In this research paper, a brief introduction of a sexual offense is mentioned along with the information as to why this problem occurs. Rape: A heinous crime it becomes the most common crime in India. The ratio is increasing day by day. Regards the importance of eradicating and eliminating the issue of this offense with a conscious effort to know how it is affecting Indian society. The research paper consists of Indian laws which are made to protect the citizens from this menace.
THE JUDICIAL DUNGEON- REQUIREMENT OF PRISON REFORMS IN INDIA
Abstract: This article talks about prison reforms in India, being a socio-legal issue, changes in Indian Prisons is necessary. Prison Reforms are not considered to be an issue, as many don’t know what happens behind the bars. The article aims at displaying how an Indian prison works against the constitutionally accepted reformative method of punishment and practise of deterrent theory punishment, treatment of prisoners, overcrowding of prisoners, health and medical facility etc. Indian Prison violates every core Fundamental Right given by our Constitution. The inhumane treatment is not acceptable in a democratic society. Prisoners are entitled to right to dignity and other human rights
INTER-STATE WATER DISPUTE RESOLUTION MECHANISM
Abstract: Water is one of the basic necessities to sustain life. It is becoming scarce day by day. The prediction that the third world war would be fought for water is gaining strength day by day. Fresh water today turns out to be a threatened resource today. Ismail Serageldin, who was the World Bank Vice President once, remarked that the wars of the next century will be about water. Because large areas of India are relatively arid, mechanisms for allocating scarce water are critically important to the welfare of the country’s citizens. As India is a federal democracy, and our country has rivers cross state boundaries, constructing efficient and equitable mechanisms for allocating river flows has long been an important legal and constitutional issue. Numerousinter-state river-water disputes have erupted since independence and the nation has served a platform to witness the same. In the present scenario, we can see that a bunch of mechanisms are introduced under the Constitutional framework of the country for settlement of inter-state river water dispute. But, it would be pertinent to note that not all disputes amassed a happy ending. The dispute between the States of Karnataka and Tamil Nadu depicts the best example in this regard. This research paper aims at understanding the inter-state water dispute resolution mechanism along with the author’s suggestions and recommendations for improvement.
COMMON CAUSE VS UNION OF INDIA (2018)5 SCC 1
Abstract:This is a quintessential case where Supreme Court of India allowed the writ petition filed on behalf of a registered NGO which work for the common welfare of the people. This writ was filed for a strong system of certification of mercy death or passive euthanasia as well as legal recognition of living will in India.
SHREYA SINGHAL V. UNION OF INDIA
Abstract :India is a country which guarantees freedom of speech to every citizen under its Constitution. However, this was not the scene half a decade ago until the Supreme Court categorically held so. Shreya Singhal v. Union of India is one of the landmark cases concerning the internet freedom, where the Supreme Court quashed the Section 66A of the Information Technology Act( IT Act), 2000, calling it unconstitutional and thereby affirming the value of free speech and expression. The case is recognized not only in India but globally as one of the significant decisions by the Supreme Court which concerns people’s right to access to internet.
FUTILITY OF ONE NATION, ONE LAW
Abstract: Four petitions were filed under article -32 of Indian constitution in Supreme Court of India. The first writ petition that was 1079/89comprises of two petitioners. The first petitioner was SarlaMudgal. She was the president of a not for profit organization named Kalyani. Second petitioner was Meena Mathur; she was a married women and mother of 2 sons and one daughter. After 10 years of her marriage her husband by converting his religion to Islam married another women named Sunita Narula. Meena Mathur was of view that her husband had solemnised second marriage without dissolving the first marriage and outwitting the provisions of section 494, IPC.
Shreya Singhal V. Union of India (2013) 12 SCC 73
Ashutosh Somani & Vidhi Singh
Abstract: In 2012 Mumbai police arrested two girls named (ShaheenDhada) and (RinuShrinivasan) for stating their view on the “Bandh” which was set for the demise of Bal Thackeray. As the girls expressed their view on an electronic platform which is Facebook, both girls were arrested under section 66A of Information Technology Act 2000, As the said section provide provision for the arrest of those who post allegedly offensive on electronic devices which is used for communication upholding freedom of expression for those persons will attract a maximum of 3 years of jail and a fine.
Amardeep Singh Versus Harveen Kaur
Abstract: Factual data giving rise to this appeal was that marriage between the parties took place on 16th January,1994 at Delhi. Two children were born in 1995 and 2003 respectively. Since 2008, the parties were living separately. Disputes between the parties gave rise to civil and criminal proceedings. Finally on 28thApril, 2017 a settlement was arrived at to resolve all the disputes and seek divorce by mutual consent. The respondent wife was to be given permanent alimony of Rs. 2.75crores. Accordingly HMA No. 1059 of 2017was filed before the Family Court (West), Tis Hazari Court, New Delhi and on 8th May,2017 statements of the parties were recorded. The Appellant husband also handed over two cheques of Rs.50,00,000/-, which had been duly honoured, towards part payment of permanent alimony. Custody of the children was with the appellant. They had sought for the giving up of six months as any delay will further affect the chances of their resettlement. The parties had moved to Supreme Court as only this Court can relax the six months period.
IS JUSTICE DELAYED JUSTICE DENIED?
Abstract: Justice delayed is Justice deniedis a legal maxim that has been controversial on parts of it’s attributor and since a very long period of time now.There has been many controversial remarks and statements on the Indian Judiciary system regarding its delay in delivering justice. This paper basically deals with the issue of as to why there is being delay in delivering justice and what are the remedies that can be taken up so as to solve the issues behind late deliverance of justice. While according to some sources, William Penn has expressed that “justice if delayed is injustice.” Basically it denotes that a legal redress that is provided to a party who has been charged or rather is the opposite party in a trial must be provided within a reasonable period of time and if justice is not given to anyone within reasonable time then it is equally an injustice to the concerned party. This paper basically deals with the reasons and solutions to the huge pendency of cases which remains the basic cause for delay in justice. It also states the amendments that must be brought out in order to fasten the justice delivery system.