Legal Blog : Law and Lawyers

Introduction Right to education is the act of parliament by which the intent of the government is to provide each and every poor child i.e who is below poverty line and is between the age of 6 to 14 free and compulsory education. By passing of this act and being sanctioned by the President now it has become a fundamental right under the wide interpretation of article 21A of our constitution. Evolution Right to education is not a totally new step. Prior to this, the root of RTE can be traced from  National Policy  of Education 1986. This was a policy which was totally setup on a constitutional mandate in order to provide basic education to the citizens of India. Main aim was to make education in such a way that one after getting basic education can be qualified to get a job for living. It was a job oriented policy. It wanted to curb out illeteracy. The following points were its main objectives- 1. Vocationalizaiton of Education. Particularly, at the secondary stage Read More

Introduction Transgender people are those people who have a gender identity that differs from their assigned stereotyped assigned sex. Transgender people are individuals of any age or sex whose appearance , personal , characteristics , or behaviours differ from the stereotypes about how men and women are supposed to be . India is a land of love, land of diversity. Transgender people have existed in all culture , race , class and in almost all regions of India as India has a wide diversity . This is a very portion of population who know that the term “Transgender” and “Intersex” are not synonymous to each other but are different. Intersex is a term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy that doesn’t seem to fit the typical definitions of female and male. In other words,   Intersex is when someone whether male or female is born with ambiguous genitailia. For  example, a person might be born appearing to be female Read More

  All living beings feel, touch, love, live and have equal rights to live their lives with dignity. Although stray dogs cannot communicate with humans, their emotions can still trigger human minds. “They may not have words to let you know, But like you, they suffer, love and grow.” When humans lose humanity within themselves, it paves way to cruelty, heinousness and inhumane deeds. Animal cruelty is an offence under Section 11 of the Prevention of Cruelty to Animals Act 1960, and Section 429 of the Indian Penal Code, which is punishable with imprisonment and fine. The number of stray dogs worldwide has been estimated between 200 and 600 million. India has estimated 30 million stray dogs. India has the highest number of human rabies deaths in the world. The problems in India relating to stray dogs are: Stray dogs are prone to cruelty as there are no strict laws to penalize the wrongdoers. The people are vulnerable to aggressive dogs, whose bites Read More

Killing in the name of honor is a practice carried on world-wide. Majority of the victims are those who marry from different religions or castes. They become the victims of 'Social Excommunication'. The process usually involves panicked inter-caste couples eloping from fear of reaction of the society. In turn the girl's family files a police complaint accusing the husband of having abducted their daughter. The police arrests the couple and he girl is forced to back home. Here she is confined, abused and sometimes killed. The brutal truth about such societies is that these people kill for honor and do not consider act as a crime. The rights guaranteed under the Constitution are violated. Honor killing, also known as customary killing or domestic public violence is one type of cultural crimes that is present in our country. Cultural crimes are those which come within the context of culture or under the head of it. The term 'HONOR KILLING' was first used by Dutch-Turkey expert at Read More

ANTI-COMPETITIVE PRACTICES IN IPR INTRODUCTION Intellectual property rights are the intellect rights given to persons over the creations of their minds for any innovation or newness. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. Intellectual property are of various kinds such as patent, copyright, trademark, geographical indications, industrial design and layout design of integrated circuit. In India these property which is intangible in nature is duly recognized by law. This rights are necessary for the protection of the owner of these intellectual property, they can be inventor, author or creator. But there are some anti-competitive practices associated with the intellectual property that tends to exploit market through its power of monopoly and are as follows: In the Chapter relating to Prohibition of Agreements (Anti –Competitive Agreements) under section 3 (5) states that: “Nothing contained in this section Read More

BLACK MARKET WITH HUMAN DEAD BODIES- A CASE IN INDIA A black market is a clandestine market which has some aspect of illegality or form of noncompliant behavior with an institutional set of rules. In our day-to-day life, we damage our body and its organs, later resulting in the transplantation of them. It is due to the advancement in the medical field, which has enabled a person, to go through transplantation of organs and thus has resulted in an increase in demand for organs. According to the statistics an average donor stands at 0.08 persons as per million population, and the waitlist to that, is at very high stats, i.e. nearly 5 lac people are on the wait list for an organ to be transplanted, but life is too short for some people to reach in front of that line. When there is a fight between life and death, a man would give anything to save themselves, and would also go to any extent to save their loved ones. The people leave no stone unturned to live and win over death, Read More

The judiciary in our country is seen as the protector of the rights of the individuals. But its work is not limited to protecting the rights of the individuals. The judiciary by itself has has been very active in order to be more efficient in protecting the rights of the individual. The concept of Public Interest Litigation has been introduced in the legal system of our country. This is not the only new concept which the judiciary has  introduced. The whole environmental jurisprudence for environmental law has been developed by the Supreme Court of India. Over the course of which the Supreme Court has introduced and accepted some brilliant doctrines  regarding environment law.   DOCTRINES  The doctrine of Absolute Liability The Supreme Court of India propounded this doctrine in the case of Union Carbide Corporation vs Union of India. For this situation, the court held that, where a venture is involved with an inalienably perilous or a risky action and mischief results to Read More

In major direction pertaining to the implementation of Rights of Persons with Disabilities Act 2016, the Supreme Court today directed all states and Union Territories to ‘scrupulously’ follow the new law and the rules. “All states are asked to file compliance keeping in view provision of the 2016 Act. They must realize that under 2016 Act a responsibility is cast on the states. When the law makes a provision, it is the obligation for law enforcement to give effect to it scrupulously”, a bench headed by justice Dipak Misra said. The bench said the new rules reflected a sea change in the perception of the government on the critical issue. The apex court, which directed all states and union territories (UTs) to file reports regarding compliance with provisions of the Rights of Persons with Disabilities Act 2016, said the new statute operated in a broad spectrum to protect the rights of people with disabilities. Bringing into focus the plight of disabled people, the Supreme Read More

The Supreme Court in the case of Formula One Championship vs Commissioner of Income Tax ( Civil Appeal No. 3849 of 2017), has ruled that income incurred by the Formula One World Championship  (FOWC) will be taxable since it has a permanent establishment in India. The FOWC contended that the consideration paid or payable by the JAYPEE to FOWC is royalty under the DDTA and that the FOWC did not have any permanent establishment in India.  This argument was rejected by the a bench compromising of Justice AK Sikri and  Justice Ashok Bhusan .The court read Section 92F of the Income Tax Act, 1960 along with Article 5 of the Double Taxation Avoidance between India and United Kingdom, and came to the conclusion that the FOWC has a permanent establishment in India and thus their income is taxable. The Court however added that the portion of income of FOWC, which is attributable to the said permanent establishment, would be treated as business income of FOWC and only that part of income Read More

Marital rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force or physical violence, or when she is unable to give consent. Marital Rape could be by use of force only, a battering rape or a sadistic/obsessive rape. It is a non-consensual act of violent perversion by a husband against the wife where she is physically and sexually abused. Countless strong women survive the sexual assaults that occur in the millions every year, but every rape leaves a scar; no one ever fully heals. - Stephen Lewis "I say nothing, not one word, from beginning to end, and neither does he. If it were lawful for a woman to hate her husband, i would hate him as a rapist."   - Philippa Gregory (The Red Queen) Marital Rape is the rape of the wife by the husband which is non-consensual or done forcefully under passion and aggression without the will of the wife and involves battery done on the part of the husband and leads to unwanted sex. In India, rape laws Read More