Author: PRASANNASRI26092001

Case Commentary – AMIT SAHNI V. COMMISSIONER OF POLICE AND ORS.

Abhi Tiwari from Barkatullah University & R. Suganya and Sathyabama Institute of science and technology

Best Citation – Abhi Tiwari & R. Suganya, Case Commentary – AMIT SAHNI V. COMMISSIONER OF POLICE AND ORS., 2 (5) & 10 of 2022, IJLR.

Abstract

In Amit Sahni v. Commissioner of Police and others, also known as the Shaheen Bagh case, the Supreme Court observed that the right comes with certain obligations and duties, so as to balance the fundamental rights with that of the public rights. In which the Court directed that the protestors against the Citizenship (Amendment Act), 2019 could not block public ways indefinitely, which prejudices the safety and security of local residents. Since the Constitution itself clarifies that the fundamental rights are subjected to reasonable restrictions in the interest of public order, security of the State, etc. under Article 19 (2) and (3).

The Shaheen Bagh case shows how the judiciary plays an important role in upholding the rule of law. Since an independent judiciary is the bedrock of democracy, the Supreme Court’s decisions in matters tangled with political elements not only act as binding precedents but also enable people to believe and trust the judiciary to settle their issues wisely, which is a core principle of democracy. Thus, the paper aims to analyze the Supreme Court’s verdict in the case of Amit Sahni v. Commissioner of Police.

Key words:  Citizenship Amendment Act, Shaheen Bagh,  right to protest, Supreme Court,  public order

Case Commentary on Farzana Batool v. Union Of India & Others

Ayushi Mittal & Srijon Banerjee

School of Law, Christ (Deemed to be University), Bengaluru

Best Citation – Ayushi Mittal & Srijon Banerjee, CASE COMMENTARY ON FARZANA BATOOL V. UNION OF INDIA & OTHERS, 2 (5) & 6 of 2022, IJLR.

Abstract

A significant step toward ensuring that social, economic, and political justice has been laid down for every Indian citizen through Fundamental Rights, defined under Articles 12 to 35 and included in Chapter III of the Indian Constitution. It is what Pt. Jawaharlal Nehru referred to as the constitution’s conscience. The Indian Constitution guarantees both the Fundamental Rights, which protect people’s freedom and dignity, and the ‘Directive Principles’ which uphold the social, economic, and political fairness for all community members. Given that “education” has long been viewed as a fundamental ‘human right’, on a worldwide scale, there are no impending restrictions on granting the ‘Right to Professional Education’ or ‘Higher Education’ legal recognition. The notion of education as a basic human right cannot be fully realized if the “Right to Higher Education” is not seen as a fundamental human right.

The case of Farzana Batool v. Union of India and Others is a landmark case laying down the significance of higher professional education and specifying the state’s obligatory duty to provide the resources and services for the same. It also lays down the authority and importance of Writ Petition which comes under Article 32 of the Indian Constitution. The Hon’ble Supreme Court admitted the fact of higher education not being a fundamental right but prudently laid its importance and the state’s obligatory duty to provide or help to provide the same to the section of society who doesn’t have the resources or is facing some hindrances on the path to a to achieve it, as the same is not guaranteed under the Fundamental Rights.

Keywords: Fundamental rights, court, human right, professional/ higher education, Article 32, state, duty.

Case Commentary – ANURADHA BHASIN VERSES UNION OF INDIA

C.VAISHNAVI SARMA

Student of School of Law, VELTECH UNIVERSITY

Best University – C.VAISHNAVI SARMA, Case Commentary – ANURADHA BHASIN VERSES UNION OF INDIA, 2 (5) & 1 of 2022, IJLR

ABSTRACT

In today’s world, the internet plays a significant role in our daily lives. For many things, such as trade and business, we rely heavily on the internet. The Internet has grown to be so significant that it is now covered in Part III of the Indian Constitution. The main objective of the lawsuit was to determine if the prohibition on using internet facilities was legal, hence this judgment is quite significant. In addition, the Apex Court has established a set of guidelines to prevent the Government from abusing its authority, particularly in such circumstances. The problem arose in 2019 when the Government of Jammu and Kashmir issued a “Security Advisory” and advised tourists. to return to ensure their safety. In addition, orders were issued to close educational institutions. The judgment covered various essentials pertaining liberty and security of individual.

Keywords: Fundamental Rights under Part III of the Indian constitution, the test of proportionality, Freedom of the Press, Restrictions Under Section 144, Code of Criminal Procedure, and internet shutdown

Child Pornography In India : A Legal Analysis

Tavleen Kaur

Student of University of Petroleum and Energy Studies

Best Citation – Tavleen Kaur, Child Pornography In India : A Legal Analysis, 2 (4) & 52 of 2022, IJLR.

Abstract

Until a few years ago, the internet was a new and relatively unexplored territory. Initially, it was primarily used as an educational tool. Pornography has become more accessible as a result of the electronic revolution, bringing decadent and difficult-to-obtain images into the home. The expansion of computer databases on the internet has accorded adults and children the most access to sexually explicit images till date.Sexually explicit content emerges to be a bigger problem than anyone could have anticipated. The entire dynamic between sexual content and the audience has shifted dramatically over the years for a variety of reasons, both personal and authoritative. Addiction is a major factor in the rise in demand for pornography. By excluding age groups and social statuses, the efficacy of explicit content is maintained.

Cyberspace is crawling with pornographic content as a result of technological advancements and easy access. There is complete silence on many aspects of cyber pornography, besides women, children have always been soft targets in the cyberporn realm. The primary reason is that children are easily manipulated or coerced into participating in something inappropriate like this. Paedophilia is as real as it gets, and these child pornographic videos  are grotesque proof of it. The number of sexual crimes against children has increased dramatically. The sheer gut-wrenching intent behind the demand for these videos is both shocking and sick. The internet is a playground for paedophiles because it provides anonymity and allows them to exchange information about child pornography and interact with children through newsgroups, chat rooms, and e-mail. Society has consistently attempted to impose moral standards that set the parameters within which freedom of speech and expression can be legitimately exercised. Stepping over that line constitutes crossing the line into obscenity, which has been clearly identified as an exception to the exercise of free speech and expression in various legal systems. For centuries, courts and legislators have struggled to determine where exactly this line should be drawn. As a result, a variety of tests have evolved to determine whether an artistic or literary work is indeed obscene. While there are many opponents of obscenity who argue on moral and societal grounds, supporters of the case against pornography argue on the harm caused by the creation and dissemination of pornographic material. On the internet today, live sex and child pornography are ubiquitous.

The internet’s power and the pornography industry have both fueled each other. Pornographic material was not as freely and easily available before the internet. Pornographic material, which was previously hidden in the nooks and corners of shady book stalls on roadside pavements, bus stops, and railway stations, is now only three clicks away from any location with an internet connection. They are only familiar with two aspects of computers: games and cyber pornography. The widespread availability of pornography to all, including our children, combined with the depths of depravity and the widespread involvement of children in sexual performance, has fueled the debate and controversy surrounding cyber pornography. This paper will discuss the prevalence of child pornography in India, the legal provisions for combating it, Case studies in Indian cases that have emerged as a new crime in India and Transnational legislation on child pornography.

Keywords: Cyber Pornography, Child Pornography, Paedophiles, Victims, Education, Obscene and sexually explicit content

WITNESS PROTECTION: A STEPPING STONE TO RESTORATIVE JUSTICE

Ms. Neha Singh

Ph.D. Research Scholar

University Department of Law, Patna University.

And

Prof. (Dr.) Mahammad Sharif

Principal, Patna Law College & Research Supervisor, Faculty of Law

Patna University, Patna

Best Citation – Ms. Neha Singh & Prof. (Dr.) Mahammad Sharif, WITNESS PROTECTION: A STEPPING STONE TO RESTORATIVE JUSTICE, 2 (4) & 39 of 2022, IJLR.

Abstract

Witnesses play a decisive role in criminal trial. They serve as edifice on which the very institution of Criminal Justice System rests. Their testimony assists in tracing out the guilt of the accused and enables successful prosecution of criminal offenders. Hence, it is imperative to provide adequate protection to witness so as to ensure free flow of justice without any hindrance. Howsoever, the prevailing state of affairs in India in respect of witness protection seems to be quite worrisome and is turning deplorable day by day, thereby adversely affecting the quality of deposition and potentially the outcome of a trial. Delay in the administration of justice and inadequate witness protection make them reluctant to participate in the process of law. Daily reports of incidence of violence, harassment, inducement and torture reflect their vulnerability and often make them turn hostile which is glaringly visible in many of the high-profile criminal cases. Lack of an efficient legal mechanism regulating witness protection is an important reason behind low rate of conviction.

The Witness Protection Scheme, 2018 which was affirmed by the Apex Court in the Landmark Judgement of Mahendra Chawla v Union of India would have gone a long way in instilling confidence in witnesses and thereby furthering the cause of justice howsoever, it suffers from various flaws including poor implementation.

The present study analyses the role of witness in the Criminal Justice adjudication, various problems faced by them including reasons of hostility as well as scope for assistance and protection. The researcher has also discussed about the statutory provisions pertaining to witness protection and has attempted to make a comprehensive study of some Witness Protection Programs existing across the globe. The researcher further concludes by highlighting the urgent need for an effective witness protection legal regime so as to uphold the concept of fair trial.

Key Words: Criminal Justice System, Witness, torture, hostility, Witness Protection Program.

RESTORATION OF MIGRANT LABOURERS DUE TO COVID-19 WITH THE HELP OF GEOGRAPHICAL INDICATIONS: AN ANALYTICAL STUDY FROM INDIAN PERSPECTIVE

Ishan Ahmad

Assistant Professor of Law, Jamia Hamdard, New Delhi

Best Citation – Ishan Ahmad, RESTORATION OF MIGRANT LABOURERS DUE TO COVID-19 WITH THE HELP OF GEOGRAPHICAL INDICATIONS: AN ANALYTICAL STUDY FROM INDIAN PERSPECTIVE, 2 (4) & 33 of 2022, IJLR.

ABSTRACT

The world has witnessed the swift spread of the SARS-CoV-2 virus from 2019 End which had drastically affected the Sociological and Economic growth of world. On 14^th September 2020, The Union Labour and Employment Minister stated in Parliament that according to data provided by State Governments, about 10 million had attempted to leave their work place and return to their villages due to COVID-19 pandemic and consequent lockdowns. Although, the Central Government and State governments had tried to establish them but the migrant labourers suffered the most extreme economic and social crisis while fighting with the COVID-19 Virus on one hand and facing huge uncertainty about the food, shelter and other basic necessities on the other.

The labourers while living at their native places, need to be re-engaged in some work. The traditional knowledge about the different geographical indications prevalent in their areas, may prove as a boon to restore their lives back to normal. The only hurdle who may play the detrimental role is the scarcity of funds for such poor labourers, which can also be eradicated by the Government’s efforts. It will have two advantages: firstly, the Interstate migrant labourers may get opportunity to resettle themselves and secondly, it will help to promote and nourish the Geographical Indications of any particular area. In this paper, the scope of social and economic development of India’s inter-state labour migrants in terms of their employment, food and shelter with the help of Geographical Indications have been discussed. In addition, it also discusses about the possible hurdles and their solutions by the small and steady steps taken by Government.

Key Words: Sars COVID-19 Virus, employment, Traditional Knowledge, Migrant Labourers etc.

NEW DIMENSIONS OF DOMESTIC VIOLENCE ASSERTED AGAINST WOMEN IN DELHI: AN ANALYTICAL STUDY FROM JUDICIAL PERSPECTIVE

Ishan Ahmad

Assistant Professor of Law, Jamia Hamdard, New Delhi

Best Citation – Ishan Ahmad, NEW DIMENSIONS OF DOMESTIC VIOLENCE ASSERTED AGAINST WOMEN IN DELHI: AN ANALYTICAL STUDY FROM JUDICIAL PERSPECTIVE, 2 (4) & 26 of 2022, IJLR.

ABSTRACT

In today’s era, the society is being evidencing the significant growth and development due to the sheer contribution made by the women in different fields. The women are no more dependent on men for their living rather they are excelling equally as to the men.  But even then, also, many of the women who are living in any domestic relationship, have been witnessing the harassment in either physical, mental or economic form. If we compare the position of Indian women in relation to rights granted to them, even with other countries of lesser female population, it is really terrifying. Domestic Violence is the most common case of household offence. The violence in any domestic relationship effects not only the victim but also equally outrages the people surrounding her (children, parents, friends, brothers and sisters). In the last few years, Judiciary has been actively discussing over the scope of Domestic Violence in any relationship and has also extended the actual scope of Protection of Women from Domestic Violence Act, 2005. Through various leading judgements in recent past, Judiciary has tried to ensure the protection and empowerment of women as it is essential for upliftment of economic, social and political status of womens’ in the Indian society. The present paper attempts to study the extent of enforcement of remedies ensured in Protection of Women from Domestic Violence Act, 2005 and the predominance of women empowerment in the society through various judicial pronouncements.

Key Words: Women Empowerment, Domestic Violence, Judiciary, aggrieved, Socio-Economic etc.

CASE COMMENT – DEEPIKA SINGH V. CENTRAL ADMINISTRATIVE TRIBUNAL

ANOUSHKA MUKHERJEE

Student of NALSAR University of Law, Hyderabad

Best Citation – ANOUSHKA MUKHERJEE, CASE COMMENT – DEEPIKA SINGH V. CENTRAL ADMINISTRATIVE TRIBUNAL, 2 (4) & 22 of 2022, IJLR.

Introduction

India is a country that has its foundations in outdated patriarchal, cis-gendered, heteronormative norms. These foundations play a decisive role in the public and private sphere in terms of division of labour, access to resources, legal rights, and more. When these societal norms find legal validation in the legislations in place, people from marginalised communities have no recourse except the judiciary in ensuring the protection of their rights. The judiciary thus moves beyond the role of being a mere interpretative authority of law to a body whose decisions can have severe consequences on the lives of people. Keeping this in mind, this case comment aims to analyse the case of Deepika Singh versus Central Administrative Tribunal and Others.^[1]  The case in question revolves around the issue of maternity leave. This piece analyses how the court, by taking a purposive stance while interpreting the law at hand, expands the applicability of the rule in question and how the remarks made by the court with respect to ‘atypical’ families such as single-parent households, queer relationships etc. is evidence of the court moving away from the conservative sensibilities of society. This piece also aims to appraise the judgment from the lens of legal realism, legal positivism, feminist legal studies, and queer theory.

---

[1] Deepika Singh v. Central Administrative Tribunal, (2022) SCC OnLine SC 1088.

FOREIGN ARBITAL AWARDS; ARTICLE V(1)(A) AND PUBLIC POLICY, A BACKDOOR TO ESCAPE ENFORCEMENT

Sneha Gupta

Student of Symbiosis law school, Pune

Best Citation – Sneha Gupta, FOREIGN ARBITAL AWARDS; ARTICLE V(1)(A) AND PUBLIC POLICY, A BACKDOOR TO ESCAPE ENFORCEMENT, 2 (4) & 9 of 2022, IJLR

ABSTRACT

International commercial arbitration is a means of resolving disputes between private parties originating from cross-national commercial agreements that permits the parties to avoid litigation in national courts. So many trades, contracts, and transections occur daily on national and international level that it is only natural for disputes to arise in a number of instances. Judicial proceedings are rarely an option for the parties in an international economic dispute. A private individual has no standing or jurisdiction in an international court. Only governments may present a dispute to the International Court of Justice for resolution, and they are not legally required to do so unless the issue’s continuation threatens international peace and security.

Arbitration is an alternate method to resolve disputes. Arbitration is chosen by parties who wish to avoid protracted, expensive, and nationwide court proceedings. Arbitration usage has expanded alongside the expansion of international trade and commerce, as well as the conflicts arising from these endeavours. Most contracts have a clause that says any disagreements that come up over the contract will be settled through arbitration instead of litigating. At the time the contract is made, the parties can agree on the forum, the rules of procedure, and the law that will apply.

This article will discuss the evolution and necessity of international commercial arbitration in the modern world. I will focus primarily on two issues regarding foreign arbitral awards and grounds for their non-enforcement. And how the judiciary has protected these exploitable grounds and supported pro-enforcement ideas.

Keywords: Arbitration, commercial, foreign arbitral awards, New York Convention, Public Policy, judiciary.

INVESTIGATING THE LEGAL ORIENTATION TOWARDS SUICIDE IN CASES OF WOMEN WITH BATTERED WOMAN SYNDROME

ANOUSHKA MUKHERJEE

STUDENT OF NALSAR UNIVERSITY OF LAW, HYDERABAD

Best Citation – ANOUSHKA MUKHERJEE, INVESTIGATING THE LEGAL ORIENTATION TOWARDS SUICIDE IN CASES OF WOMEN WITH BATTERED WOMAN SYNDROME, 2 (4) & 1 of 2022, IJLR

ABSTRACT News of women committing suicide due to the constant abuse they suffered at the hands of their partner often paints our news headlines. In such cases, the judiciary becomes the last resort the bestow some semblance of justice to the woman, whose screams, till then, went unheard.  This paper aims to analyse the legal perception towards the act of suicide in such cases. In pursuance of the same, the paper shall trace the origins of suicide laws in India with respect to Section 309 of the Indian Penal Code (hereinafter referred to as IPC), analyse how it shapes the courts’ understanding of the act of suicide and how this understanding then reflects in cases of women committing suicide due to Battered Women Syndrome vis-à-vis cases registered under Section 306 of the IPC. The paper also aims to propose an alternative orientation to suicide in such cases and address its possible implications with respect to punishment for the batterer.