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Sports Law in India

   INTRODUCTION  Sports Law means the governing of all the sports at professional or amateur level. In India a lot of sports are being played at various level, while some sports like cricket and hockey have still managed to develop  but there is no particular legislation governing the development of sports in India. The simple reason as to why sports should be developed in India is because our country's sportsmen represent us at international level and it is a matter of pride.  But if  they perform badly it creates a really bad image of the nation outside the country. A lot of countries want their sports team to perform well at international levels and are ready to invest in sports. For example before the 2014 FIFA World Cup in Brazil, the German National Team practiced in artificial weather conditions similar to weather conditions in Brazil and no wonder they won the World Cup. But we don't have such facilities in India for any sports, the best facilities that are available Read More

Child Sexual Abuse

Ravali Reddy

"Children are living messages, we send to a time, we need not see."     - John F Kennedy Children are the mirror of the future, the statement holds practically well in India, the country of youngsters. In order to flourish at sky limits there is need to protect our children, a protection from various prevalent abuses of society. Great German Philosopher Immanuel Kant once stated that, 'human beings are rational being and are worthy of dignity and respect'. The stated proposition is said to be the foundation of the universal human rights jurisprudence. According to which all human beings including children are equal and autonomous. In this sense it can be argued that, it is the obligation of the state to create an amicable and peaceful environment so that all children can grow and develop themselves. In order to achieve the mentioned purpose, there used to be various governmental efforts at different levels. The founding stones of these efforts can be traced from regional level Read More

Globalisation: The Plight of Tribal People in India – An Analysis

Ravali Reddy

“Globalization is a double – edged sword. It is a controversial process that assaults national sovereignty, erodes local culture and tradition and threatens economic and local stability.”       - Robert J. Samuelson The impact of globalization on the indigenous communities is manifold, and often they are ones most negatively affected. Under globalization, it is the tribal indigenous areas that have had to face the attacks of massive development projects. The Constitution of India makes special provisions for socio-economic and educational development of these groups. The open market policy of the Indian government has resulted in increased privatization, huge layoff of labour, rise of corruption and heavy debts on the nation. The benefits of development touted under globalization have not reached the poorest sections of the society. The disparity between the rich and the poor has widened. It is disturbing impact on family and the drastic erosion of traditional social Read More

Adultery and Gender Equality: Proposals for Reform

Ravali Reddy

The Fifth Law Commission of India, as early as in 1971 recommended that the exemption of the wife from punishment for committing adultery be removed from Section 497 IPC. It also felt that an imprisonment for a term upto five years (stipulated in Section 497) is "unreal and no called for in any circumstances." The recommended Section 497 reads as: "497. Adultery: If a man has sexual intercourse with a woman who is, and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape,  the man and the woman are guilty of adultery, and shall be punished for imprisonment of either description for a term which may extend to two years, or with fine, or with both." However the Joint Select Committee substituted the above revised Section 497 by the following: "Whoever has sexual intercourse with a person who is, and whom he or she knows or has reason to believe to be the Read More

White Collar Crimes: Their Many Faces

Ravali Reddy

White Collar Crimes, like stock fraud or insider trading, when they break out, are scandalous; and as a matter of consequence, they cause investors to lose faith in the stock market, directly affecting the economy of nations. An independent incident of embezzlement costs, on an average. 1.00.000 USD; meanwhile, crimes like convenience store robberies or gas station robberies, which cost between 712 USD and 1.007 USD, according to data collected in the United States from 'public sources' like court records, prosecutorial press releases, media accounts, vital records. government & regulatory filings and other public information from active cases in the latter half of 2008. White Collar Crimes differ from conventional crimes in their modus perandi, magnitude and implications. Although, white collar crimes do no leave behind a victim in the traditional sense, considering White Collar Crime a victim less crime is a common blunder. Shrouded behind this veil is the reality; White Read More

The Unlawful Activities (Prevention) Act,1967

Arushi Sethi

The Unlawful Activities (Prevention) Act,1967   What are 'unlawful associations'? [Section 2(p)]   The Central Government maintains a list of unlawful associations. It can add items to this list if it thinks that the organisation's activities are supporting secession from India, or the organisation is trying to affect India's status as an independent nation, or the organisation is causing enmity towards India. Once an organisation is on this list, membership of such an organisation becomes a crime. Money going to it can be blocked and the places it uses can be monitored.   How is this list updated? [Section 3] When adding any association to the list, the Central Government has to explain why it was added. However, if revealing any fact is against public interest, the Central Government can keep it secret. Additions to the list have to be approved by the UAPA Tribunal and published in the Gazette. However, if it is an urgent matter, the Read More

CASE STUDY : Landlord and Tenant

Medha varshney

IN THE COURT OF THE FINANCIAL COMMISSIONER, DELHI In the matter of: 1. Sh. Radhey Shyam S/o Lakhmi Chand 2. Sh. Sanjiv Gupta 3. Sh. Ajay Gupta Both sons of late Sat Narain Through their attorney Sh. Mahesh Chand S/o late Yogeshwar Dayal 361, Main Bus Stand, Sant nagar Vill. Burari, Delhi-84. 4. Smt. Chitra Navtia W/o Sh. Nath Mal Navatia Through her attorney Sh. Rakesh Kumar S/o Sh. Balak Ram, R/o Village Aasoda,, Tehsil Hapur, Distt. Ghaziabad U.P. ? Petitioners Versus 1. Gaon Sabha Burari Through B.D.O. (Civil Lines) Tis Hazari Court, Delhi-54 2. Union of India Through Secretary/Office of Commissioner, B.D.O. (Civil Lines) Tis Hazari, Delhi-54. Respondents ? Respondent Case No. 66/2007 Revision Petition Under Section 187 of the Delhi Land Reforms Act, 1954. Facts of the case • Shri Radhey Shyam and Shri Sat Narian s/o Lakhmi Chand were the recorded owners of Khasra No. 23/13 (5-18) in the revenue estate of village Burari (hereinafter referred to as Read More

Does A Tax on Sanitary Pads Violate Article 15 (1) of the Constitution

Recently  She Says a non for profit organization started a campaign on Twitter urging the Finance Minister to exempt tax on sanitary pads. Since the start of the campaign it has been contended that tax on sanitary pads violate Article 15 (1) of the Constitution. The author in this article would like to contend that tax on sanitary pads does not violate Article 15 (1) of the Constitution. Article 15(3) states that "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them". Now one thing must be understood that discrimination happens when there is inequality, that is when two equals are treated unequally.  For example in Indian Legal System when a man commits adultery it is punishable under Article 497 of the Indian Penal Code, but when a woman commits adultery there is no punishment for her, this is discrimination. Here two equals that is a man and women are being treated unequally. When a man does the act of Read More

Right Against Self-Incrimination

Deepika Sangwan

 Right Against Self- Incrimination    In a civilized state where law protects the interest of not only of victim but also of accused, then & there the seeds of privilege against self-incrimination germinates to shield the basic human rights.   Right against self- incrimination is enshrined in article 20(3) of the Indian constitution, 1950. This provision is in consonance with the general principles of English and American jurisprudence which dictates that no person can be compelled to give testimony which has the potential of exposing him to prosecution for crime. Basis: This fundamental principle of criminal law is based upon a latin maxim ‘ Nemon tenetur seipsum accusare’ , which means that no person is obliged to accuse himself. This canon is also backed by various provisions of Indian law, such as: Accused is presumed to be innocent unless proven guilty. Burden of proof rests with prosecution. Guilt should be proved beyond reasonable Read More

The problem of jurisdiction in Cyber Crimes

INTRODUCTION In the virtual age India being a developing nation is embracing new technologies. Hence, India is a part of cyberspace, which connects it with the rest of the world and has a wide range of functioning. The wide range of functioning makes it impossible to limit physical boundaries, because it is all virtual. This wide range of functioning makes it impossible to  limit physical boundaries, because it is all virtual. But the affect of these virtual transactions, affect the real world and all this widespread and lack of boundaries leads to the rise of following problems with regard to jurisdiction: (a) It is very difficult and sometimes impossible to track down where the user or website is located. (b) There may be a case where different parts of the website are hosted at different parts of the world. (c) In spite of the website being hosted in one area, the user can be in any other place in the whole world. (d) The website can be moved easily, changing the Read More

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