How do Ethics and Medical Law Coexist?

This Blog is written by Raman Poonia from VGU School of Law, Vivekananda Global University, Jaipur. Edited by Pranoy Singhla.
There is no universal definition of medical ethics and more often than not, it is quite difficult to explain it. A broad interpretation could mean the moral and not legal obligations that a medical practitioner is supposed to abide by. However, there are a lot of times when some of the standards known as medical ethics have legal effect as well. Medical law is made up of bits from a large number of different branches of law…

Consumer Protection in India: How is it construed by the Legislature and the Judiciary?

This Blog is written by Raman Poonia from VGU School of Law, Vivekananda Global University, Jaipur. Edited by Pranoy Singhla.
The contemporary era is marked as the era of consumers. No country can knowingly or unknowingly disregard the interest of the consumers. This can be argued on the basis of fast enactment of consumer protection laws in almost all part of the world. Apart from the consumer protection laws in developed world, we could find the accelerated rate of lawmaking or consumers in developing countries like Thailand, Sri…

Criminal Defamation Law Is Against Right To Freedom Of Speech

This Blog is written by Shanu Agarwal from Manav Rachna University, Faridabad. Edited by Pranoy Singhla.
Defamation is an associate panoptic term that covers any intentional false communication, either written or spoken, that harms a person’s reputation; decreases the respect, regard, or confidence during which an individual is held; or induces derogative, hostile, or disagreeable opinions or feelings against an individual, entity, group, government, etc. Written defamation is termed “libel,” whereas spoken defamation is…

Should there be more Laws to Protect Workers? If so, what should they be?

This Blog is written by Rahul Chatwal from Christ University, Pune. Edited by Pranoy Singhla.
Workers’ rights should be a central focus of development. To protect the rights of the worker’s several labour laws came into force. Labour laws are the most common type of law that is formed to protect the rights of the workers they are also known as the employment law. The labour laws are the laws that maintain the relationship between the workers, trade unions, and the government. Labour laws in India are…

Assessing The Mediating Role Of Corporate Social Responsibility In Companies’ Performance

This Blog is written by Rahul Chatwal from Christ University, Pune. Edited by Pranoy Singhla.
It is truly said that “goodness is the only investment which never fails.” In today’s era when there are so many international firms that are gaining a large amount of profit, they should also do something good for society because society is the only reason because of which they are only able to earn a large amount of profit so doing something good will motivate them and ultimately there will be the positive effect that…

Juvenile Delinquency: An Unresolved Problem

This Blog is written by Jatin Pandey from Dharmashastra National Law University, Jabalpur. Edited by Pranoy Singhla.
Section 2(12) of the Juvenile Justice Act defines who is child under the act, according to it a person who is below the age of 18 years is a child. Section 2 (13) of the Juvenile Justice Act defines who is child in conflict with law under this act. According to this section child who commits or alleged to commit the offence and child has not completed 18 years of age is considered as child in conflict with law under this…

Reviewing International Firms’ Law Application And Enforcement Issues: A Case Study Of Barclays Bank And Southwest Airlines

This Blog is written by Pranjal Rai from Amity Law School, Lucknow. Edited by Pranoy Singhla.
Barclays is a major global financial services provider engaged in retail banking, credit cards, corporate banking, investment banking, wealth management and investment management services with an extensive international presence in Europe, the Americas, Africa and Asia. With 145,000 employees in over 50 countries, Barclays moves, lends, invests and protects money for more than 49 million customers and clients…

Corruption: How Has The Rule Of Law Been Affected

This Blog is written by Harshit Rai from Amity Law School, Lucknow. Edited by Pranoy Singhla.
Corruption is one of the foremost insidious social phenomena. It erodes trust publicly institutions, hinders economic development and features a disproportionate impact on the enjoyment of human rights, particularly by folks that belong to marginalised or disadvantaged groups such as minorities, people with disabilities, refugees, migrants and prisoners. It also disproportionately affects women, children and…

International Human Rights Court Hearings: Evaluating The Significance Of Precedence As A Source Of Law

This Blog is written by Soujanya Boxy from National Law University, Odisha. Edited by Pranoy Singhla.
Law is derived from variety of sources. Judicial precedents founded on the concept of stare decisis are a source of law as they provide a framework or support on which to rely in instances involving similar facts. The doctrine of stare decisis says that “past decisions must stand”. The fundamental belief upon which the common law systems are built could be the concept that similar cases should be dealt in similar…

All About The Indian Court Fees Act, 1870

This Blog is written by Saptaswara Chakraborty from North Eastern Hill University, Meghalaya. Edited by Pranoy Singhla.
The court fees is levied by the government on the people who are seeking judicial remedies through a legislation. This structured form of levitation from the people ensures that the economy of the court gets maintained. The concept of court fee for the very first time was introduced by the Britishers in the year 1795 through Regulation 38 and was implemented in various Presidencies including the Bengal…

Municipal Taxation under U.P. Municipalities Act, 1916

This Blog is written by Bhagyashree Dutta from Amity University, Mumbai. Edited by Pranoy Singhla.
Urbanization has grown rapidly over the years, it is evident that urbanization is not only a determinant of economic development, but also a consequence of it. The ability of a nation to accomplish its economic goals is dependent on its ability to govern its cities, hence urban management and governance has gained significant importance. This is partly attributable to the fact that metropolitan centers make a…

Should Prostitution be Legal? Why or why not?

This Blog is written by Oshin Suryawanshi from Amity Law School, Noida. Edited by Pranoy Singhla.
As an idea, prostitution has been characterized by friendly researcher in various manners relying upon the degree of its commonness. The most generally acknowledged definition; be that as it may, is the one given in the reference book of sociology which characterizes prostitution “as the training wherein a female offers her body for wanton sex for employ and so on Nonetheless, another definition has been begat for the word…

Introduction and Overview of “Uttar Pradesh, Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972”

This Blog is written by Oshin Suryawanshi from Amity Law School, Noida. Edited by Karan Dutt.
The practice of imposing a legal maximum (rent ceiling) upon the rent during a particular housing market, below the equilibrium rent is named rent control. But if the rent is about at A level below the equilibrium rent, it’ll necessarily cause a situation of excess demand or shortage. During a free market, prices (here, rents) would rise automatically filling the gap between the demand and therefore the supply…

Gender Justice In Hindu Succession

This Blog is written by Tisha Roy from NALSAR University of Law, Hyderabad. Edited by Pranoy Singhla.
Gender justice has been far from reality in India. Women have always been discriminated on various grounds; one such ground is property inheritance and coparcenary rights. Such kind of limitations keeps women deprived of their fundamental rights and hinders their personal and economic growth. With India being largest democracy in the world and longest written constitution, steps were taken to remove the…

Employee Dismissal: Comparing The Legal Basis For Staff Dismissal In Indian And EU

This Blog is written by Tisha Roy from NALSAR University of Law, Hyderabad. Edited by Pranoy Singhla.
Dismissal of an employee can be generally understood as the process of termination from the employment by the employee against the desire of the employee. Employment law deals with the relationship between employee and employer. It is more concerned with the way of working of the employees, working conditions, working hours, termination etc…

Reviewing The Major Changes Of Family Law In The Last 50 Years: A Case Study Of India

This Blog is written by Reva Gupta from Symbiosis Law School, Noida. Edited by Oshin Suryawanshi.
“Marriage, dowry, guardianship, adoption, maintenance, gifts, wills” and so on are all elements of family or personal law. Religion and personal law are intricately linked in India. “Hindus”, “Sikhs”, “Jains”, and “Buddhists” follow “Hindu family law” whereas “Muslims”, “Christians”, and “Parsees” have their “own laws”; and other ethnic groups, such as tribal groups, follow their own traditions or customs. The…

Article-356 (Proclamation Of Emergency) Is Often Misused By Ruling Party

This Blog is written by Rithu from Ramaiah college of law, Bangalore. Edited by Oshin Suryawanshi.
According to article 356(1), if the president, after receiving a report from the state governor or other parties, believes that there is a situation where he cannot lead the state government in accordance with the provisions of the constitution, the president may issue a public announcement: carry out all or some of the functions of the state government, and all or some of the powers granted or exercised by the…

Equal Employment Opportunities: Comparing Gender Difference In India And UK Regulations

This Blog is written by Raman Poonia from VGU School of Law, Vivekananda Global University, Jaipur. Edited by Oshin Suryawanshi.
Equal participation by women and men in both economic and social development can benefit them equally from societies resources, which is also crucial for achieving gender justice. The UNIFEM (United Nations Development Fund for Women) was created in 1976 to provide technical and financial assistance for women’s empowerment. The Convention on the Elimination of all forms of Discrimination against…

Judiciary Is Crossing Its Limit And Interfering With The Executive

This Blog is written by Rahul Chatwal from Christ University, Pune. Edited by Oshin Suryawanshi.
The framers of the Constitution of India from the very beginning had decided that there should be a separation of power to remove chaos and the problems that are raising so they classified the power into three categories they are legislative, judicial, and executive. This concept of separation of power was taken from the American Constitution. Each body was assigned with a different set of functions and they all have…

Mohammad Salimullah & Anr. v. Union of India & Ors.

This Blog is written by Harshit Rai from Amity Law School, Lucknow. Edited by Oshin Suryawanshi.
Rohingyas are an ethnic minority from Myanmar’s Rakhine state, who have been facing aggressive persecution at the hands of the Myanmar government, military and Buddhist nationalists. Several Lakhs of Rohingyas have fled their country in the recent past to seek refuge in neighbouring countries. While the Rohingya claim that they are indigenous to the Rakhine region of Myanmar, the Myanmar government…

Josepp Shine v. Union of India on 27 September 2018

This Blog is written by Soham Kamble from School of Law, University of Mumbai. Edited by Oshin Suryawanshi.
A writ petition was filed under Article 32 by Joseph Shine challenging the constitutionality of Section 497 of IPC read with Section 198 of Cr. P.C., being violative of Article 14, 15 and 21. This was at first a PIL filed against adultery. The petitioner claimed the provision for adultery to be arbitrary and discriminatory on the basis of gender. The petitioner claimed that such a law demolishes the dignity of a woman. The…

Moving Abroad with a Child: What are the Gaps in the Law on Relocation?

This Blog is written by Anusuya Ghosh from KIIT School of Law, Odisha. Edited by Oshin Suryawanshi.
Families considering relocating overseas, whether returning home or migrating to another country, should be informed of the legal implications of their decision, both in terms of planning and potential consequences after they arrive at their destination. Child relocation encompasses much more than basic movement. For many families and their children, moving overseas has become a common experience…

Art of Living Case on Yamuna Flood Plain

This Blog is written by Soumya Bhardwaj from Bennett University, Greater Noida. Edited by Oshin Suryawanshi.
Human actions have an ever-increasing influence on the environment. It is taking place across the world, including in India. We are so enamored with the benefits that nature gives that we frequently overlook the cost to the ecosystem. In today’s world, a complete halt to development efforts is probably unthinkable, since the economy trumps all other concerns…

How Is Regulation Of Eviction Done In India And Its Legal Obligations

This Blog is written by Prerna Ganti from Symbiosis Law School, Hyderabad. Edited by Ujjawal Vaibhav Agrahari.
Eviction is the process of removing or evicting the person living in a house, land or apartment owned by another. In simple words, eviction is forcefully removing a tenant or a person from a particular premise owned by them. It is done by following a legal procedure under civil law. However, most of the times, eviction is done without giving legal notice. Tenants are evicted due to various reasons. The court judges…

The Legality Of Banning Consumption And Sale Of Alcohol In Some Indian States

This Blog is written by Aditya Awasthi from Asian Law College, Noida. Edited by Ujjawal Vaibhav Agrahari.
The demand for alcohol is always high in India even if the price is rising. While some people consume alcohol occasionally, some people in India consume alcohol every day. As a lot of people consume alcohol, there are various laws regarding liquor in India.  Alcohol is something whose demand and sale do not fall but can rise only with time. There are various laws regarding alcohol in India and there is no uniformity in…

Gujarat Prohibition Act

This Blog is written by Ruthika Reddy from St. Francis College for Women, Hyderabad. Edited by Ujjawal Vaibhav Agrahari.
For ages, alcoholic beverages have been in use in human societies, and their history is old as mankind. Alcohol consumption patterns are continually evolving, and today, alcohol is the most commonly consumed beverage in the world. India’s alcohol culture has grown as a result of colonization. Alcohol constitutes one of the most important products of the world addiction demand. The alcohol industry is seldom…

Attitudes of International Law Towards the Concept of Self-Determination: How Can a Fair Balance Between the Interests of Minorities and The Interests of Others Be Set?

This Blog is written by Surbhi Pareek from NALSAR University of Law, Hyderabad. Edited by Ravikiran Shukre.
The lawful right of people which enables them to determine their own political status and choose their own plans and policies for social, cultural and economic development in the international system is defined as self-determination. The relevance of the right comes from people’s ability to choose. Minorities groups or communities may either aim at and achieve political independence or rather complete inclusion into a state as a…

Legalization of Abortion: How Is Abortion Treated by The Law and What Are the Moral Aspects of the Problem?

This Blog is written by Vijayalakshmi Raju from Dr. Ambedkar Global Law Institute, Tirupati. Edited by Ravikiran Shukre.
Humanity is divided into two halves: males and women. Neither can achieve its maximum level of creative greatness without the other’s help. The role of women must be imagined as expressed by Tagore in Chitra: “I am no goddess to be adored, nor yet the objects of common pity to be swept away with indifference like a moth.” If you want to keep me by your side in the face of risk and courage, if you let me share the…

The Suits Valuation Act, 1887

This Blog is written by Riya Gupta from Jindal Global Law School, Haryana. Edited by Ravikiran Shukre.
The two statutes that regulate the valuation of the suits are The Court Fees Act of 1870 and the Suits Valuation Act of 1887. The valuation done in order to determine the jurisdiction is done under the Suits Valuation Act 1887 and the valuation to determine the amount of court fees payable is regulated under the Court Fees act 1870. For the objective of determining the court fee in particular classes of suits, the fee can be…

Domestic Violence: Evaluating The Repercussion for Males and Females

This Blog is written by Akshat Srivastava from Amity Law School, Noida. Edited by Ravikiran Shukre.
Domestic violence is a kind of an abuse or violence which is caused in a family. It is committed by one of the people who is having an intermediate relationship against another person in hetero or same-sex connections, between the partners. Domestic violence at home includes viciousness against youngsters, teens, guardians, or the old. It took place in numerous forms like physical, verbal, passionate…

Comprehensive Evaluation of Arbitration Under Commercial Law: A Closer Look at Policy Practice in India

This Blog is written by Illa Mathi Maran from UPES, Dehradun. Edited by Ravikiran Shukre.
The term arbitration is a medium that establishes an effective expeditious dispute resolution framework, unlike the court which takes several years in solving the dispute between the parties because the system which we used has a lengthy process of trials. If we ask who are arbitrators what would they do? The arbitrates are a person who acts as a step for parties who cannot afford more money to fight his/her…

Pre-Incorporation Contract: An Analysis

This Blog is written by Jatin Pandey from Dharmashastra National Law University, Jabalpur. Edited by Ravikiran Shukre.
In India, most of the contracts are governed under Indian Contract Act, 1872. Section 11 of the Indian Contract Act talks about who is competent to enter into the contract. According to it, a person who attains the age of majority and is of sound mind and also not disqualified from entering into the contract by any law is competent to enter into the contract. There is certain exception to the above-mentioned…

Is It Time to Reform the Indian Family Law?

This Blog is written by Harshit Rai from Amity Law School, Lucknow. Edited by Ravikiran Shukre.
An omnibus legislation during a country as diverse as ours with assorted customs and social mores is neither necessary nor desirable but there’s got to ensure some basic rights across the board. The State continues to – and it must – make endeavours towards enabling the rights enshrined within the Constitution through conversations with the stakeholders. Laws associated with the family – marriage, divorce…

Making Decisions in Divorce Cases: Establishing to What Extent the Child’s Desire to Stay with One Party Should Influence the Decisions Made by The Courts

This Blog is written by Tanvi Sanjay Rane from Dr. D.Y. Patil College of Law, Maharashtra. Edited by Ravikiran Shukre.
The most important primary human group is the family. According to Clare, “a family is a system of relationships existing between parents and children”. Eliot and Merrill define family as “the biological social unit composed of husband, wife and children”. These relationships existing in a family are established through the union of marriage. Marriage thus becomes a primary element of a family. It is well-established that this…

Evaluating The Impacts of the Law On Divorce: Has It Increased the Cases of Divorce or Reduced Them?

This Blog is written by Anvaya Singh from Amity Law School, Noida. Edited by Ravikiran Shukre.
India was officially declared to be a secular country in 1976 after the word ‘secular’ was added into the preamble. The main reason for this action was that, since, our country has a vast culture and many different people who belong to different religion and different culture reside in our country for a long time so, it would have been unfair for the people belonging to other religion if our country would have been biased…

A Critical Evaluation of the Employment Law of Disabled Individuals in India. What Policies Should Be Integrated to Enhance Its Efficiency?

This Blog is written by Rithu from Ramaiah college of law, Bangalore. Edited by Ravikiran Shukre.
Disability can be by birth or due to some tragic events or by birth. It is a physical or mental condition that restricts a person’s movement, senses or activities. Facilitating their lives is an important concern of society and the government. Stephan Hawking once said “people with disabilities are vulnerable because of the many barriers we face: attitudinal, physical, and financial. Addressing these barriers is within our…

Digital and Internet Legislation: Forecasting The Future

This Blog is written by Saptaswara Chakraborty from North Eastern Hill University, Meghalaya. Edited by Ravikiran Shukre.
Internet, which started as a network to communicate with computers of every other existing institution, has slowly crept into a dangerous space of privacy and safety. It has been seen as one of the agents that would, slowly, be responsible for a possible war, if, is not regulated. The primary form and manner in which the internet functions can mainly be attributed to how it allows the data to be produced, collected…

Demystifying the Relationship between IPR Laws and EU Regulations

This Blog is written by Bhagyashree Dutta from Amity University, Mumbai. Edited by Prakriti Dadsena.
“Venice was the first to have continuously and constantly applied certain rules to patents of invention instead of granting an occasional isolated monopoly. Among these rules were these: the protection always was extended to an inventor, provided that his invention was recognized as useful; that the patent term was limited; that the right was transferrable inter vivos and mortis causa; and that it was subject to a compulsory…

Laws Governing Organ Transplantation: Indian Perspective

This Blog is written by Anindo Chatterjee from Amity Law School, Noida. Edited by Prakriti Dadsena.
If I go on to ask you what is the importance of organs in your life, you’ll perhaps say what kind of a silly question is that…isn’t it something our life is not complete without ?? but it is not for someone who in their life are dealing with organ failures and diseases causing organ damage. Organs are something that form the basis of our lives without our these properly functional almost self-independent units of the…

Abortion: At What Point Should an Embryo be Considered Capable of Having Feelings, and Should Abortion be Forbidden?

This Blog is written by Ruthika Reddy from St. Francis College for Women, Hyderabad. Edited by Prakriti Dadsena.
Issues such as women’s sexuality, reproductive health, and fertility are rarely discussed in the mainstream due to society’s patriarchal framework. The term “pro-choice” refers to a woman’s right to choose whether to continue her pregnancy or terminate it through medical procedures. Abortion is the term for the intentional medical termination of a pregnancy.  A spontaneous abortion, also known as a…