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Showing posts with the label Assistant Professor (Law)

Bulli Bai App- Are women safe online?

  In January 2022, the controversy erupted over the Bulli Bai App, similar to the ‘Sully Deal,’ wherein around 80 Muslim women were put for online sale. “Sulli” and “Bulli” are offensive slang terms used to refer to Muslim women. The Bulli Bai application puts together a list of Muslim women for an “auction” at Github. Github is the open software development site owned by Microsoft. Among the 100 Muslim women listed on the app were prominent personalities such as actress Shabana Azmi and Malala Yousafzai. Moreover, the list featured Fatima Nafees, the mother of Najeeb Ahmed, a JNU student who went missing. Hundreds of Muslim women’s photographs were used without permission and doctored to put up on the app for “auction.” Niraj Bishnoi, a 21-year-old engineering student from Assam's Jorhat region, has been arrested by Delhi Police. He is alleged to be the key conspirator and developer of the Bulli Bai app on GitHub and the app's main Twitter account holder. Additionally, a 21...

The consumer’s right in Indian perspective

The Consumer Protection Act, 1986 is the prevalent law in India which provides rights to consumer in India. As per the Act, “consumer rights mean the right to have information quality, potency, quantity, purity, price and standard of goods and services.” In furtherance of aims and objectives of the Act some general and special rights have been conferred upon the consumers for the protection of their interest. The Rights are: RIGHT TO SAFETY: it means that consumer has right to be protected against the marketing of such goods and services that are harmful to life and health. For example, electrical appliances can cause serious injury if they are manufactured with a substandard products or do not conform to safety norms. Thus, consumer should be educated to use ISI marked electrical appliances.   RIGHT TO BE INFORMED: a consumer has the right to get true and complete information about the quality, quantity, price, contents, date of manufacturing and expiry etc of the goods an...

Fundamental Right of Protection of Life of Corona Warriors in the midst of the Covid-19.

In view of the fact that first corona virus patient was found in India in the end of January 2020, from then many corona warriors especially the heath care workers and police personnel have been subjected to abuse and violence while performing the duties. Most of the attack on the corona warriors especially healthcare workers and police officials are found in the areas wherein these personnel had gone for collecting the sample from the suspected patients suffering from the said corona virus. At the outset, the said attack on the corona warriors is condemn able as they have gone for protecting the patients living in the said area without thinking about their own lives. As these warriors are more prone to the attack as this virus spreads in person through contact. The Constitution of India also protects corona warriors’ right to life under Article 21 of the Constitution of India and it is duty of the state to protect them. But certain media reports show that the attack on these warri...

PROHIBITION OF BENAMI TRANSACTION

The word Benami means anonymous and the term Benami Transaction is used to describe a transaction where one person pays for property but the property is transferred to or held by somebody else. The person who pays for the property is the real beneficiary but is not recorded as the legal owner of the property. This enables the payer to achieve undesirable purposes such as utilizing black money, evading the payment of tax and avoiding making payments to creditors. The old Benami Transactions (Prohibition) Act, 1988 was enacted in the year 1988 to prohibit all benami transactions. The Hon'ble Supreme Court in  Bhim Singh v. Kan Singh  AIR 1980 SC 727, explained Benami Transaction as "Where a person buys a property with his own money but in the name of another person without any intention to benefit such other person, the transaction is called benami. In that case the transferee holds the property for the benefit of the person who has contributed the purchase money, and he i...

New Dimensions in Marketing

As the world continues to evolve and marketing continues to grow more and more complex, let’s explore as to what current marketing trends will be the most important for businesses in future. Importance of the existing consumers and existing client engagement If every business increased their current client retention rates, increased the revenues from their existing client base, and received just one good quality referral from every one of their clients, the need for lead generation marketing would be greatly diminished- CRM or customer relations management the focus is on existing clients. 80 % business comes from 20% of customers Need to classify customers into A,B and C categories. More and more businesses are opening channels to encourage feedback. Customer surveys are appearing everywhere. As more and more businesses come to realize that their biggest marketing potential lies within their existing client base, we will see ...

Elderly People and their Status in Contemporary Society

Elderly people are custodian of our Indian cultural and traditional Prudence and knowledge. They transfer rites, rituals, custom and tradition to   the next generation. They are enrich with ample of life experiences in social, cultural,political and economic field They are valuable for society on each and every stage of   development elderly people are chain between New society and traditional society. Elderly people are like old banyan tree which provide shade. They are   rich with experience and that can be used   to understand the culture, and the contemporary issues in which the present society is dwelling in ,they are the transmitter of custom, tradition ,rites and rituals. It’s very essential to take care of a person who holds your hand in all your good and bad times, \ and introduced you to this world .who, provide you an Identity. Care for them is our moral duty .Old age is an inevitable truth. Elderly people are very valuable and precious for...

CORONA VIRUS: A WORLDWIDE THREAT

Corona viruses (CoV) associate outsize family of viruses that cause illness starting from the cold to additional severe diseases like Mideast metabolic process Syndrome (MERS-CoV) and Severe Acute Respiratory Syndrome (SARS-CoV). A completely unique corona virus (nCoV) could also be a brand new strain that has not been previously identified in humans till now corona covered distance of 12700 kilometers from its inception in Fish Market, Wuhan, China. Corona viruses are zoonotic, meaning they're transmitted between animals and others very easily and that’s why it’s spread so quickly in each continent of world. Symptoms As with different metabolic process diseases, infection with 2019-nCoV will cause delicate symptoms as well as a fluid nose, raw throat, cough, and fever. It’s usually additional severe for some persons and w...

Critical Analysis of Minority Decision in Subrimala Judgement

Whether the Indian Constitution promises the Right of Secularity in real or it was added just as a fancy term to make the constitution more embellished? The concept of Secularism was welcomed in Indian Constitution through the 42 nd Amendment which ensures the distance of State from the personal laws and religion of Indians. However, through the recent cases and intervention of the government instruments for instance formulation of triple talaq laws, entry of women in sabarimala case it can easily make out that the notion of Secularity appears only in written text of the constitution. In this Article the author trying to highlight how the impression regarding secularity has been molded with time in order to attain the aim of right to equality enshrined under article 14. Whether right to equality can override the concept of secularism? The author is trying to reflect whether it is possible that the concept of secularism and equality can go hand in hand without harming the rights of...

LABOUR LAWS FOR IMPROVEMENT OF WORKER’S CONDITIONS

Labour is defined as an act performed by an individual for wage and is directly engaged in the production of surplus value of country. Labour law is also known as employment law that is the body of laws, administrative rulings, and precedents which addresses the legal rights of as well as restrictions on, working people and their organizations. As such, it intervenes in many aspects of the relationship between trade unions, employers and employees. In other words, Labour law explains the rights and duties of workers, union members and employers in the workplace of any factory or organisation. Generally, labour law is consist of industrial relations of employees and employers, and of unions, it also deals with relations between labour and management, it also includes a procedure for collective bargaining and unfair labour practices; health and safety related to workplace; standards of employment, including general holidays during employment, per day working hours, unfair dismissals ...

Does Freedom of Speech and Expression include Right to remain silent under Article 19(1)(a)?

The recent development related to the freedom of speech and expression state that a person can express his views and the state can impose reasonable restriction on them in accordance with the Article 19(2). This reasonable restriction through judicial activism has been extended to causing noise pollution outside of bearable limits. But till date we do not have a certain answer to the question that “ Whether Freedom of Speech and Expression also include right to remain Silent.” The courts have debated time and again that freedom of speech also includes the right to remain silent. But the question which needs to be answered is that whether a person exercising his right would interfere with the right of others?   As per the courts the answer to the above question is that while enjoying his rights enshrined under Article 19(1)(a) a person must cause minimum inconvenience to others. A persons enjoyment of freedom of speech cannot be a reason to interfere with the fundamental rights...

TAXATION UNDER THE POWERFUL PHARAOHS

Egypt is ironically known as Gift of Nile . Historians believed that there are many secrets and mysteries which are unanswered yet and are deep buried within the pyramids of Egypt. Some secrets have been learnt, but still there is lot of things which remains incomplete about the daily life led in the ancient Egypt. Ancient Egyptian regarded their rulers as Gods. These rulers, called Pharaohs, had the duty of protecting their subjects from foreign aggression and internal conflicts and also from severe droughts and famines. Egyptian had a barter economy where taxes were extracted by seizing the part of the produce, merchandise or property. [1] The Egyptian did not have coins so generally taxes were calculated for cattle, grains and other products. [2] Additional fees for merchants were also charged. Agricultural sector was the easiest to tax. No farmer could hide an extra piece of land from the tax collectors. Since river Nile flows through the heart of Egypt making its land f...

CITIZENSHIP (AMENDMENT) ACT, 2019: AN ANALYTICAL STUDY

The recently passed legislation by the Central government in reference to the ascertainment of citizenship of various people on the ground of religion and regional belongings has given an impetus to the wide spread protest all over the country. The Citizenship (Amendment) Act 2019 has made some changes in the process of granting citizenship to some minority communities from the neighboring countries of Pakistan, Afghanistan and Bangladesh and has provided some immunity from the penal obligations to those communities from these countries. What is CAA? The Citizenship (Amendment) Act, 2019 which has   been assented by the President of India, on 12 th December. 2019, has made certain changes into the existing Citizenship Act, 1955 to provide for the acquisition and determination of Indian citizenship. The trans- border migration of population is happening continuously between India and its neighboring countries comprising Pakistan, Afghanistan and Bangladesh since the ind...

Constitutionalism and Democracy

The common intention in a democracy can   only   be found if the individual intention of every   individual is taken into consideration. The common inten tion cannot be forced upon individuals and neither the individual can push forth his intention as the common intention. He can only claim his intention to the fullest extent. This can be illustrated by the orchestra example given in the article. In an orchestra every individual has a part to play, no one is lesser than the other and every sound has its role in the orchestra. The most important aspect is harmony which has been defined by the author as collective action which is communal and not statistical. No one can claim in an orchestra that the cello trumps the drums etc. But the communal action of every individual is the harmony in music that the orchestra produces. This process is constitutionalism and the outcome is democracy. The process therefore directly impacts the outcome and infact in a sense is the outcom...

TRADEMARK VS DOMAIN NAME: AN ANALYSIS

Trademark is one of the intellectual property rights which is very well known in today's era. Almost every individual is dealing in some way or the other with n no. of trademarks , may be by selling, purchasing, and marketing any of the products or services in the market. Whereas Domain name is parallel to trademark, which means, what trademark does in real life, domain name does in virtual world. It basically helps in the field of selling, purchasing, marketing goods or services online through different websites. The object of trademark is to identify the source or origin of the proprietor selling the goods or services and the object of domain name is to identify the source or origin of goods or services on online portal. Every website has its own domain name by which the customer can very well identify its source or origin.  Secondly, for trademark we have trademark Act, 1999 which deals with all the provisions for trademark. It is not...

FACIAL RECOGNITION: A DANGER TO ‘RIGHT TO PRIVACY’ IN INDIA

The people of India have successfully fought a long legal battle for the recognition of ‘right to Privacy’ as a fundamental right. The primordial objective of the ‘Right to Privacy’ is to establish a fearless and free society. Though this right has been given valuable recognition by the Apex Court in the landmark ruling of Retd. Justice. K. Puttswamy v. Union of India (2017) under the notion of ‘Right to life & personal liberty’ enshrined under Article-21 of the Indian Constitution; however this battle has yet to meet its final milestone due constant expansion of ‘Internet of Things’ (IoT), and ‘Information, Communication & Technology’ (ICT). The present generation enjoys the era of life-changing technology such as facial recognition and artificial intelligence irrespective of knowing its imminent danger. Recently, a new biometric technology of ‘facial recognition’ has been introduced by the various social networking platforms and Smartphone manufacturing corporations. F...

Filling the Gap: Investigation-Conviction An analysis of Criminal Investigation system in India

Criminal Judicial system of any country more or less is dependent on the investigation report which have direct link with crime conviction ratio . There may be various reasons for poor conviction ratio like shortage of police force, delayed reporting of the cases, long judicial trial, unavailability of evidence etc. The last one is directly related with the investigation. However, there may be various reasons for non availability of evidence, because evidence includes both oral and documentary evidence. In regard to oral evidence there are two types of evidence first the statement of accused himself and second one is the statements of witnesses.   Right to remain silent is major hurdle in respect to statement of accused and on other side lackness of administrative or judicial support in regard to other witnesses. So basically the police have to depend on other sources of evidence which are generally collected from crime scene. Selection and collection of evidence are two differe...

RIGHT TO HEALTH AND ITS DEPRIVATION VIS-À-VIS CHILDREN OF INCARCERATED PARENTS

India has ratified the Convention on Rights of Child . The idealistic instrument provides for attainment of highest desirable standards of health for children. Even though the spirit of the Convention has been imbibed in the country’s municipal laws such as Juvenile Justice Act, POCSO amongst others, a category of children seem to be negligently or deliberately, nonetheless wrongfully excluded from the protection guaranteed by such social justice laws. This category of children, are not only socially stigmatized and ostracized, but are nowhere in the priority list of policymakers. Even though the present day legislations and judicial pronouncements have started acknowledging children’s rights in general, no concrete steps have been taken for the upliftment of children of incarcerated parents.The lack of regulatory framework and fragmented policies, with some States coming forward with rudimentary institutional support to these children and others blatantly ignoring their plight, ha...

ARTICLE 370 A TEMPORARY PROVISIONS THAT SOUGHT PERMANENCY

Jammu &Kashmir is a land of promise, a promise to religion, culture, nation and most importantly politics. Kashmir has gone through various invasions but has always stood its ground. Many times those who came as friends have turned its foe yet the issue for everyone who is not involved in this issue has always been that why even after so many invasions, Kashmir is hostile to invaders. The demands of the people of Kashmir can never be met as those who rule it have always had a different plan for it. The people of J&K now no longer have any belief on their rulers and rightly so, as everyone has their own plan for them as per their personal agenda. The general population of J&K believes that they have never received what they want and therefore they don’t have any recourse to justice as they have never received it. The general public of India on the other hand believes that J&K should feel grateful to India for supporting it so long. But they fail to comprehend that J...