August 2020 - Page 6 of 18

This article is written by Tulip Das, currently perusing BBA L.L.B(H) from Amity University Kolkata.

INTRODUCTION

The principle of gender equality is enshrined in the Preamble of the Indian Constitution, Fundamental Rights (Part III), Fundamental Duties (Part IV-A), and Directive Principles of State Policy (Part IV) of the Constitution. Besides granting equality to women, the Indian Constitution also empowers the State to adopt special measures of positive discrimination in favour of women. Within the sphere of a democratic polity, our laws, development policies, plans, and programs have aimed at women’s development and advancement in various spheres. India has also ratified various international conventions and human rights instruments committed to secure equal rights to women. Key among them is the ratification of the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) in the year 1993.

Constitutional Provisions for Women

Women’s safety and security is still a question in 21st century India. To curb ill-doings towards women, the Indian Constitution has led down the following provisions: –

In the Preamble

The Principle of gender equality is mentioned in the Indian Constitution in its Preamble. The constitution not only grants equality for women but also empowers the State to adopt measures to positive discrimination in favour of women.
Within the framework of a democratic polity, our laws, development policies, plans, and programs have been aimed at women’s advancement in different spheres.
India has also ratified various international conventions and human rights instruments committing to secure equal women rights.

Fundamental Rights (PART -III)

Art 14 – Equality Before Law: this article says that the everyone is equal in the eye of law.

Art 15(1) and (2) – This article prohibits the nation from discriminating against any citizen on the basis of religion, race, caste, sex, place of birth and others.

Art 15 (3) – The State has been assigned the authority to make any special provisions for women and children.

Art 16 – Equality amount of opportunity must be given to all citizens in matters relating to employment or appointment to any office under the Government of India.

Article 21 – provided right to life and personal liberty where it greatly emphasises on protecting, maintaining and honouring the dignity of our women.

Art 23 – The Constitution states that traffic in human beings especially women and children and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.

Directive Principles of State Policy (PART IV)

Article 39(a) – The State must direct its policy towards ensuring that all citizens of India, men and women equally, the right to an adequate means of livelihood

Article 39(d)- The State must look to secure equal pay for equal work for both men and women

Article 39 A – This article says that justice should be provided on basis of equality of opportunity and there shall be provisions for free legal aid for all. It also says that justice shall not be denied to anyone irrespective of their economic or other disabilities.

Article 42 – The State must look to secure just and humane conditions of work and maternity relief.

Article 46 – The State shall promote, ensure and look into with special care the educational and economic interests of the weaker sections of the society, particularly the Scheduled Castes and the Scheduled Tribes, and shall also protect them from social injustice and all forms of exploitation.

Fundamental Duties (PART IV-A)

Article 51(A) (e) – This fundamental duty aims to promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women.

The Panchayats (PART IX)

Seatsare reserved in the Panchayat for Scheduled Caste and Scheduled Tribe as well. Article 243D (2) of the Indian Constitution says that among the seats reserved in the Panchayat for Scheduled Caste and Scheduled Tribe not less than one-third of the seats so reserved in the Panchayat are reserved for women belonging to Scheduled Caste and Scheduled Tribes.

Article 243D (3) of the Indian Constitution says that, Panchayats should have one-third of the total seats which are filled by direct election, reserved for women (including the number of seats reserved for women belonging to the Scheduled Caste and the Scheduled Tribe). Such seats may be allotted by the process of rotation to different constituencies in the Panchayat.

The Municipalities (PART IX-A)

According to Article 243T (1) of the Indian Constitution, seats will be reserved for the Scheduled Castes and the Scheduled Tribes in each Municipality and the number of seats so saved will bear a similar extent to the complete number of seats to be filled by direct election in that Municipality as the number of inhabitants in the Scheduled Castes in the Municipal region or of the Scheduled Tribes in the Municipal region bears to the all-out populace of that region and such seats might be allocated by turn or by rotation process to various constituencies in a Municipality.

Article 243T (2) says that among the seats reserved in the Municipalities for Scheduled Caste and Scheduled Tribe not less than one-third of the seats so reserved in the Municipalities are reserved for women belonging to Scheduled Caste and Scheduled Tribes.

Article 243T (3) of the Indian Constitution says that, Municipalities should have one-third of the total seats which are filled by direct election, reserved for women (including the number of seats reserved for women belonging to the Scheduled Caste and the Scheduled Tribe). Such seats may be allotted by the process of rotation to different constituencies in the Municipalities.

The Co-operative Societies (PART – IX B)

Article 234ZJ of the Indian Constitution talks about the number and term of members of the board and its office bearers. It says board shall contain as many directors as suggested by the Legislature of State, backed by law.

It says that two seats shall be reserved for women on board of every co-operative society consisting of individuals as members and having members from such class or category of persons.

Some Cases Reflecting Victory of Women

The Supreme Court in Muthamma v. Union of India (1979) 4 SCC 260 and Air India v Nagresh Mirza AIR 1981 SC 1829 struck down the discriminatory service conditions requiring female employees to obtain government permission before getting married, denying marriage and pregnant women the right to be employed.

In Vishaka v State of Rajasthan AIR 1997 SC 3011, the Supreme Court observed that equality in employment can be seriously hampered when women are subjected to gender-specific violence, such as sexual harassment in the workplace. Therefore, the Supreme Court issued guidelines to ensure that women have equal working conditions and are protected from sexual harassment.

The Supreme Court stated in Government of A. P. v. P. K. Bijayakumar AIR 1995 SC 164 that under Article 15(3) job opportunities for women cannot be created would be to cut at the very root of the underlying inspiration behind this Article making special provision for women in respect of employments or posts under the state is an important part of Article 15(3).

CONCLUSION

Law cannot change society overnight, but it can certainly ensure that the disadvantages are not given a raw deal. Sadly “she” is the most tortured gender in the Indian society. In spite of so many exclusive rights granted to women by the Constitution, the harsh reality is that women have been ill-treated in every society for ages and India is not an exception to this universal problem. The irony lies in the fact that in our country where women are worshipped as ‘shakti’, the atrocities are committed against her in all sections of life. She is being looked down as commodity or as a slave, she is not only robbed of her dignity and pride outside her house but she also faces ill-treatment and other atrocities within the four walls of her house also. The women are being considered as an object of male sexual enjoyment and reproduction of children. Its high time now. We really need to get together and fight for the welfare of our mothers, sisters and daughters.

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Advocate Akriti Shikha completed her graduation from Symbiosis Law School, Pune. She practiced in the Dispute Resolution team at L&L Partners (formerly known as Luthra & Luthra) and practiced as a Securities Lawyer at Reliance Capital

You’ve completed your Graduation from Symbiosis Law School, Pune. How would you describe your experience?

My experience at Symbiosis Law School, Pune was blissful, not only in terms of academics but also extra-curricular activities. It’s a premier law institute having exceptional faculty and infrastructure including a great library. At SLS, I got a chance to take part in varied activities that have shaped my thought process and consequently, my career choices. SLS gives you an opportunity to intern, moot, write and publish articles, debate and engage in other extra-curricular activities such as sports or participating in events and committees, which would help individuals to hone their skills. I actively participated in the events organised in college and tried to intern as many times as I could.

SLS offered me a rich gamut of opportunities, both academic and personal, and I plunged headlong into making the most of it. It was an intellectual adventure that I thoroughly enjoyed (and that’s very rare for a law graduate to say!). The lessons learnt aren’t available in paperback or otherwise – they flow from the experiences lived. To the future graduates – law school years could define you, so make sure you choose the definition wisely.

What motivated you to choose law as a Career?

I am a first-generation lawyer in my family and a litigator by choice. Law was probably the only subject that intrigued me right from the time I got introduced to it during my graduation in commerce (B.Com). I always aspired to be a professional and I was never excited about numbers and accounts, so I decided to pursue a career in law which was sans any of it.

The real inclination in pursuing law stems from my trait of righteousness and personal belief in justice, along with my compelling desire to work amongst people, to help resolve matters and to play a role in shaping the legal landscape in India.

To be completely honest, in my opinion, no combination with LL.B really helps in the profession. All that matters is how focused you are on what you have chosen voluntarily as your career path. B.Com in a way helped me generally to get a quick grasp and understanding of the commercial and business aspects of a transaction which are the subject matter of the contracting and negotiations or non-litigation as we call it.

3. You interned with various organizations during your Law School. How important is it to Intern for a Law Student?

I personally feel that internships are an extremely important part of a lawyers’ education; its like a window into the profession. I had started interning right from my first year at Symbiosis Law School, and one of my greatest takeaways from such internships is the need for lawyers to have an attention for detail. In my zeal to figure my area of interest, my internships targeted corporate laws and litigation as areas of practice. My internships were primarily with corporate law firms. I worked with Shardul Amarchand Mangaldas & Co., Khaitan & Co., AZB & Partners, Nishith Desai Associates, Kochhar & Co. among others. In the hindsight, it has proved to be an enriching experience.

My most memorable internship was with Senior Advocate, Mr. Ashok Mundargi, a distinguished criminal advocate. I was able to strengthen my legal expertise including drafting, application of law and argumentative skills. Working with him, I got the opportunity to closely observe law practitioners, who interpret and apply laws in a very different way, work in a very competitive and unpredictable field and deal with real-life clients/counter-parties/judges. I tried to apply these learnings when I started working as a lawyer.

My advice to law students would be that they must undertake internships in both corporate and litigation practice, which will help them to understand the practical aspects of the subject they are studying in law school. It will also help them in deciding to choose the career path depending upon their interest and liking.

Most of the students in Law Schools are inclined towards getting good grades. Do grades have any significant impact on career in the long run?

Though good grades may not be the sole criterion, I believe that it does play an important role. In my experience, few law firms extensively bank on academic performance of students.

However, legal acumen is not all about exam marks. In the long run, recruiters are interested in evaluating how much you ‘know’ than how much you ‘scored’ or which law school you belong to. Marks and institution may get you to a door but you can enter only with knowledge and whether you are the right fit to their organisation.

5. How important is it to go through the Judgments regularly?

More than securing good marks in legal education, it is important to learn and stay abreast with the latest developments and industry news through interactions and discussions with peers and stalwarts in the field of law.

One of the best ways to stay updated is through reading law journals and updating oneself with the various online law portals which come up with an analysis and bring to one’s attention the developments in the law across the country and by keeping an eye out for notifications from regulators in the legal field. I urge all students and young lawyers to make it a point to read the latest Court decisions and maintain their personal case journal and update the same regularly. Lately, a lot of focus has been on webinars which one should avail the opportunity to attend as many as possible.

6. You have practised in the Dispute Resolution team at L&L Partners. Please share your experience working with L&L Partners.

I had the privilege to join the Dispute Resolution team at L&L Partners (formerly known as Luthra & Luthra, Law Offices) in the year 2018. L&L Partners is one of the biggest and most reputed law firms in the country. Their knowledge base helps you to learn the subject better with each passing day. Normally, my day started with a visit to Court followed with research and drafting. At L&L Partners, I not only got an opportunity to draft for various clients for high stake cases but also to brief Senior Counsels as well as appear before various forums. It is thrilling to argue your own case; it was a very exciting phase. Unlike corporate practice, disputes throw up challenges everyday. The uncertainties and the challenges involved in resolving the disputes matters make this practice quite interesting. L&L Partners will always be a very significant chapter in my career history, where I met some inspiring lawyers and made great friends.

7. You also have practised as a securities lawyer at Reliance Capital. Please share your experience with our Readers.

At Reliance Capital, I worked in the field of securities litigation, mainly dealing with matters before SEBI and Securities Appellate Tribunal (SAT). The field of securities law, apart from being a niche, is immensely complicated and interesting. Just when you start thinking you have learnt a lot, you realise there is a universe out there waiting to be explored. New challenges keep cropping up every single day and that’s what kept me interested and fascinated. Working as an in-house counsel is more about applying what you learnt in the law schools.

8. Being a lawyer, how difficult is it to maintain a balance between Personal and Professional Life. How do you cope with the Work Stress?

This is a very important question to consider for everyone in the legal field. The professionals are caged due to the hourly billing and timesheet culture. I think it is important to use your free time judiciously and indulge in your hobbies. Given the sedentary lifestyle we as lawyers lead, it is all the more important that one chooses a healthy lifestyle. I’m extremely fond of art and photography and love food and travel. This helps when the work is at full tilt then one doesn’t get burnt out and is ready to put in the long hours at work. Also, in my opinion, working-out and meditation is a great outlet for the stress that builds-up during high-stress situations at work.

9. What’s your opinion on the NLU and Non-NLU divide?

I have personally witnessed the NLU and Non-NLU divide to be true, especially during internships. I think recruiters must focus on whether the individual would fit in their working environment rather than their law school. At the end of the day, the work speaks for itself and the NLU or Non-NLU tag should not create a distinction at the workplace.

10. On a concluding note, what would be your suggestion to the Budding Lawyers?

There is no straight-jacket formula to success. Every individual has their own journey. Law school is an individual experience and prepares you to embrace different perspectives. I would urge people to not be close-minded and to engage in as many activities as possible in law school for a holistic experience. While interning/working as a lawyer, one must have a logical and problem-solving approach, be aware of the basics of law and have a lot of hunger to grow. Reading is an integral part of our field, and by reading I don’t mean legal reading alone – Keep your knowledge updated in the area that you practice primarily. There must be clarity in your thought process and the same must be reflected in your drafts and correspondence. Most importantly, creativity and out of the box thinking would be an added factor.

While applying to law firms /organisations, do not be disheartened if you face any rejections since it is not the right fit or the correct match for you. There is a more suited place /opportunity awaiting for you.

As a parting thought, I feel its a great decision to be a part of this noble profession. Hard work is the key, coupled with due application of mind. I wish luck to all of you.

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About Organisation

LEGAL ZEMS is a law aspirants led organization formulated with a vision of providing the platform for the youth to inculcate leadership skills and can emerge as a strong personality who can stand with a strong opinion in the society. We at LEGAL ZEMS promote mutual growth and development.

About Event

THIS LAW FAIR INCLUDES THESE EVENTS:

NATIONAL OLYMPIAD (31st August 2020)
NATIONAL ARTICLE WRITING COMPETITION (01st September 2020)
NATIONAL LEGAL DEBATE COMPETITION (02nd September 2020)
CLIENT COUNSELLING COMPETITION (03rd September to 05th September 2020)

Eligibility

Any student who is pursuing a five year or three year course ,post graduation, PHD of law will be eligible .

Events:

1. NATIONAL OLYMPIAD RULES AND REGULATION:-

This Olympiad shall be based on Indian Penal Code.
This Olympiad shall take place online.
It shall include multiple choice questions.
The participants can participate from their home or hostel with the use of a laptop or a mobile phone along with network connectivity.
Any student who is pursuing a five year or three year course of law, post graduation in law or a PHD students shall be eligible to participate.
The Olympiad shall be comprises of total 100 questions to be attempted in 45 minutes. There shall be No Negative Marking.
Each Question shall carry 1 marks each.
Only those participants will be given a certificate who appears and submit the response within the stipulated time.
The results declared would be final and the authority vests with Legal Zems.
The registration Amount shall be NON REFUNDABLE.
Legal Zems shall not be responsible for any technical issue from the participants end.
The result of the competition shall be announced on the same day i.e 31st August 2020
Organizers reserves the right to alter/change the rules/ or procedure of the competition if need so arises.
Inappropriate behavior shall lead to disqualification from the event.

PERKS

WINNER

500/- Cash + Free Course On Cyber Law By Legal Fumes Worth Rs. 600/- + Trophy + Certificate Of Merit

1st RUNNER UP

50% Off On Cyber Law Course By Legal Fumes Worth Rs 600/- + Certificate Of Merit + Medal

2nd RUNNER UP

50% Off On Cyber Law Course By Legal Fumes Worth Rs 600/- + Certificate Of Merit+Medal

2. NATIONAL ARTICLE WRITING COMPETITION

RULES AND REGULATION

The topic shall be given ON THE SPOT to the participants.(10.00 PM)
Participants shall submit the article on 01st September 2020 before (4.00 PM) . Submission after stipulated time shall lead to disqualification.
The Article shall be written on one of the given topics in about 1200 words.
The article should be the original work of the author.
Co-authorship shall not allowed.
Participants shall submit the article in the .DOCX Or. DOC format only.
Article shall be submit via E-mail “ LEGALZEMS@GMAIL.COM”
The formatting guidelines shall be followed :
Font Size – 12 point
Font – TIMES NEW ROMAN
Spacing – 1.15
Text – justified
Selection criteria shall be based on quality, language, content, and uniqueness.
The result shall be binding by the Legal Zems.
The result shall be announced on the same day i.e 01st September 2020
Organizers reserves the right to alter/change the rules/ or procedure of the competition if need so arises.
The registration Amount shall be NON REFUNDABLE.
Inappropriate behavior shall lead to disqualification from the event

PERKS

WINNER

600 /- cash + 50% off on memorial making course by MEMO PUNDITS worth Rs 2690 +Trophy +Certificate of Merit + Free Publication in e-monthly magazine of law tales with certificate of publication.

1ST RUNNER UP

20% off on memorial making course by MEMO PUNDITS worth Rs 2690

+Medal +Certificate of Merit + Free Publication in e-monthly magazine of law tales with certificate of publication.

2ND RUNNER UP

20% off on memorial making course by MEMO PUNDITS worth Rs 2690

+Medal +Certificate of Merit + Free Publication in e-monthly magazine of law tales with certificate of publication

TOP 7 Participants

20% off on memorial making course by MEMO PUNDITS worth Rs 2690

+Certificate of Merit + Free Publication in e-monthly magazine of law tales with certificate of publication.

3. NATIONAL LEGAL DEBATE COMPETITION RULES AND REGULATIONs

The mode of the competition shall be online mode.
Each team shall comprise of only 2 participants.
All participants must be in formal attire during the competition.
Topic for the debate shall be given 1 WEEK PRIOR TO THE COMPETITION.
In respect to find out the sides, draw of lots shall be held by the organizing team.
Organizers reserves the right to alter/change the rules/ or procedure of the competition if need so arises.
Decision of adjudicators and organizing committee shall be binding in case of any conflict.
Registration fee shall be non -refundable.
Result shall be declare on the same day itself i.e 2nd September 2020.
Government side shall speak first and no interference or cross questioning shall be allowed.
Total time of speaking shall split into half i.e 15 minutes per speaker.
REBUTTAL ROUND: 2 questions shall be asked by Government side .
SUR-REBUTTAL: 2 questions shall be asked by Opposition side.
Adjudicators shall ask questions to any of the team irrespective of the time limit. (excluding 30 minutes of speaking time)
Topics shall be different for each round i.e. Prelims/Semi Final/Final round.
Criteria to qualify for Semi Final round shall be the Top highest Total Marks Of Team scored in the prelims round. Semi Final round shall be knockout round.
In Prelims Round, Government side shall be given 5 minutes to ask the question whereas opposition side shall be given 5 minutes to answer the asked question

in REBUTTAL ROUND. Same procedure shall be followed in Semi Final as well as Final round with the increment of 2 minutes.

Same rule shall be applied for SUR-REBUTTAL Round.
Inappropriate behavior shall lead to disqualification from the event.

STRUCTURE OF THE COMPETITION:

One team shall represent Government side and other team shall represent the opposition PRELIMINARY ROUND : Each team shall be given 30 minutes to speak and 5 minutes for rebuttal round per team.

SEMI FINAL ROUND : Each team shall be given 35 minutes to speak and 7 minutes for rebuttal round per team.(4 teams shall be eligible )

FINAL ROUND : Each team shall be given 40 minutes to speak and 7 minutes for rebuttal round per team. (2 teams shall be eligible)

JUDGING CRITERIA

Application to the contemporary scenario – 20 Marks Relevancy and Analysis – 25 Marks

Structure of your arguments – 15 Marks

Time Management – 20 Marks Response to Questions – 20 Marks Total – 100 Marks

PERKS

WINNER TEAM

Rs.600 Cash + Free Certificate course on Arbitration Contracts by KATOG worth Rs. 1000/- + certificate of merit + Trophy

BEST DEBATOR

20% off on Certificate course on Arbitration Contracts by KATOG worth Rs 1000/- + certificate of merit + Medal

RUNNER UP BEST DEBATOR

20% off on Certificate course on Arbitration Contracts by KATOG worth Rs 1000/- + certificate of merit + Medal

4. CLIENT COUNSELLING COMPETITION RULES AND REGULATIONS

This competition is open for all the law students from different recognized Universities/ Colleges/ Institutions across the country
1. Multiple teams are allowed from a University/College/Institute.
1. The competition is a team event which shall comprise of two individuals

FORMAT OF THE COMPETITION:

The participants shall conduct an interview with a person playing the role of the client (Provided by the Host Organisation).
Participants are expected to elicit the relevant information from the client, outlining the nature of the problem and to explore the different legal avenues available for providing a solution to the problem with means (or range of alternatives) for resolving the same.
The interview with the client will then be followed by a post-consultation period during which the participants, in the absence of the client, analyze the interview and discuss the legal and other work to be undertaken, during which the presiding Judges may ask them questions, if they deem fit.
The interview and post-consultation period is for 40 minutes only [30 minutes (Interview) +10 minutes (Post-Consultation)].
The Semi- finalists and Finalists will be given an extra time of 10 minutes with the client in the semi-final and final round.
During the consultation and post-consultation, the team may use books, notes, electronic media and other materials.
The participants must follow Formal dress code.
Organizers reserves the right to alter/change the rules/ or procedure of the competition if need so arises.
Registration fee shall be non -refundable.
Decision of adjudicators and organizing committee shall be binding in the end.
Video feed shall be on during the whole session.
Legal Zems shall not be responsible for any technical issue from the partcipants end.
Inappropriate behavior shall lead to disqualification from the event.

During the post consultation session, participants shall put their mic off while discussing or they shall discuss in front of the judges as well. But the video feed shall be ON in both the cases.

STRUCTURE OF THE COMPETITION

PRELIMINARY ROUND: All teams shall compete against each other and the top 08 scoring teams shall be carried forward to the next round.

SEMI-FINAL ROUND: Top 08 teams from Preliminary Round shall compete against each other and the top 2 teams out of them shall be carried forward to the Final round.

FINAL ROUND: Top 2 teams from Semi-Final Round shall compete against each other and the winner and the runners up shall be declared from them.

JUDGING CRITERIA

The Marking scheme shall comprise of 50 marks per participant, which shall be distributed as follows:

Presence of mind = 10 marks
Ability to provide legal solution = 10 marks
Tactfully handling the client = 10 marks
Extracting relevant information from client = 10 marks
Audible summarizing & team work (Post Consultation) = 10 marks

NOTE: If two or more teams otherwise qualified to advance after the Preliminary Rounds are tied due to the reason of having the same score, then both or all will be allowed to proceed to the next round. In case of a tie in the Finals, the total score of the teams tied, i.e. the score of the Preliminary round, Quarter-finals, Semi Finals and the Final Round will be taken into account.

PERKS

WINNER TEAM

Rs. 1200 cash + certificate of Merit + trophy + 50% off on memorial making course by MEMO PUNDITS

1st RUNNER UP TEAM

Rs. 600 cash + certificate of Merit + trophy + 50% off on memorial making course by MEMO PUNDITS

BEST ADVOCATE

Rs. 500 cash + certificate of Merit + trophy + 20% off on memorial making course by MEMO PUNDITS

IMPORTANT DATES

Last Date to Register – 25th August 2020

Registration Link:

https://docs.google.com/forms/d/12wvBUdSmsHTXxgjhZRMHVTdlj9y9u2JkR5qm0T FJwRM/edit

Registration Fees:-

NATIONAL OLYMPIAD (Rs. 100/-)
NATIONAL ARTICLE WRITING COMPETITION (Rs. 200/-)
NATIONAL LEGAL DEBATE COMPETITION (Rs. 300/-)
CLIENT COUNSELLING COMPETITION (Rs. 600/-)

“ONE CAN TAKE PART IN ALL THE EVENTS ALSO IN JUST RS. 1000 AND THE CERTIFICATES ALONG WITH PERKS SHALL BE PROVIDED SEPARATELY”

Payment Mode: Google Pay/ Phone Pe / Paytm : 9891348721 Queries: 8376951009 (Prashant Mishra) or 9315486852 (Ashita Singh) Visit: www.legalzems.com

brochure Download

About Us

“WE ARE REGISTERED UNDER MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES. UAM NO: UP03D0049755”

ANUMAARGA is a innovative-novel legal platform that aims to provide’LEGAL-AID’ and ‘LEGAL- EDUCATION’ over a single platform. Team ANUMAARGA is lead by its visionary leader Mr. Deepanshu Raj ideas to democratize the way India learns and simplify the first step towards justice (legal-aid). It provides a different portal for lawyers to communicate within its community or with people in need of Justice with intent to increase the quality of legal aid while keeping in check the costs involved. In short, It tries to serve the vision of uniting lawyers willing to provide legal aid with people in need of it. Also, this application is designed for passionate learners to explore and monitor the strategic landscape of legal field.

About program

Our interns will be eligible for the following perks-

-All interns shall be awarded with a certificate after successful completion of the Internship.

-Task Report of each intern shall be provided after completion of task by the interns.

-The top 10 participants shall get a chance to publish their article on our website, subject to qualification of Terms and conditions.

– And much more….

RULES AND REGULATIONS

The students have to keep in mind these rules while pursuing their internships:-

The students shall be given certain tasks to be done within a specified amount of time. If they fail to complete such tasks, it shall lead to their disqualification.

Misbehavior on the part of any student shall not be entertained and strict action shall be taken against them.

All the details provided by the student in their CV should be true.

Please note that all the interns must have minimum qualification marks for receiving the internship certificate.

ELIGIBILITY CRITERIA

The student(s) should currently be pursuing their Bachelor`s Degree in law, either in 3 year LL.B course or 5 year integrated LL.B course from any recognized university.

INFORMATION REQUIRED

Contact Number,Emal Id and Place of residence. TOTAL INTAKE AND TIME PERIOD-

The total intake of participants shall be 20 and the total time period of the internship shall be one month.

APPLICATION PROCESS

https://docs.google.com/forms/d/e/1FAIpQLSee2uZX2gMDaU5eZ5L3YohIpnoaafTY- AgsJorYtZLhqcf4VA/viewform?usp=sf_link

Last Date for Registration August 25, 2020.

Release of list of selected students- August 28’2020. Commencement of Internship Program- 1 September , 2020. End date of Internship 30 September , 2020.

CONTACT INFORMATION

anumaarga.elearning@gmail.com Ambleshwar Pandey- 96709 49652

About The Event

The Law Street and Shri Pushkar Singh Baghel Memorial Committee is organizing 1st Pushkar Singh Baghel Memorial National Online Memorial Writing Competition in the memory of renowned advocate Late Shri Pushkar Singh Baghel, in collaboration with Central Law Publications, Law Literature Publications and MemoPundits. We as an organization have decided to undertake this initiative to enlarge the spectrum of learning and encourage students to sharpen their research and drafting skills.

On this platform of memorial writing competition, we aim to recognise talent and skills and give due recognition to researchers and drafters which otherwise somehow gets shadowed with oral arguments in a competition. Also this will help the participants develop a habit to cover the legal issues pertaining to the society and present their viewpoint in the required manner.

IMPORTANT DATES

Release of the Proposition- August 13, 2020
Last Date of Registration- September 15, 2020
Last Date for seeking Clarifications- September 17, 2020
Release of Clarifications- September 20, 2020
Last Date of Submission of Memorials- September 26, 2020
Felicitation/Valedictory Ceremony- October 04, 2020

PARTICIPATION & ELIGIBILITY

The competition is open for students currently pursuing their Bachelor’s degree in law i.e. 3 Year LL.B. courses or 5 Year LL.B. courses from any recognized College/University/School in India.
There is no bar on the number of participation or entries participating from any College/University/School.

PERKS

The participants securing the first three positions i.e. First, Second and third shall be felicitated with prizes which include the following:

First Position: Any Law Book/ Dictionary of Choice worth INR 3,000/* + Constitutional Law by Avtar Singh + Code of Criminal Procedure by S. N. Mishra + Law of Corporate Governance by Diwakar Sharma + 1 Free MemoPundit Course worth INR 4500/- + Cash Prize of INR 600/-
Second Position: Any Law Book/ Dictionary of Choice worth INR 2,000/* + Constitutional Law by Avtar Singh + Code of Criminal Procedure by S. N. Mishra + 1 Free MemoPundit Course worth INR 4500/- Cash Prize of INR 500/-
Third Position: Any Law Book/ Dictionary of their Choice worth INR 1,000/* + Code of Criminal Procedure by S. N. Mishra + 1 Free MemoPundit Course worth INR 4500/- + Cash Prize of INR 400/-

Constitution of India by Dr. B. R. Ambedkar by Law Literature Publications to Top 25 Scorers.
Certificate of Excellence shall be provided to the Top 25 Scorers.
Monthly Subscription of MyLaw Courses worth INR 700/- each for Top 10 Scorers.
E-Certificates to all participants shall be provided.

PROCEDURE FOR REGISTRATION

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This case analysis is written by Shivani Kumari, a student of Lloyd law college, Greater Noida.

Case Number

Civil Appeal Number 91 of 1972.

Equivalent Citation

1 SCC 118″, 1986 AIR 411

Bench

D.P. MADON

G. L. OZA

Decided on

29th November 1985

Relevant Act/ Section

Code of Civil Procedure, 1908 order XXII Rules 1 and 11 read with section 306 of the Indian Succession Act, 1925

Brief Facts

Ezhuthassan (hereinafter referred to as the appellant) filed a case in the court of a subordinate judge claiming a sum of Rs. 5,500 from Mr. Nair (hereinafter referred to as the respondent) as damages for defamation. The Trial Court dismissed the suit with costs. The Appellant thereupon filed an appeal in the District Court of Palghat. The District Judge allowed the appeal and passed a decree awarding to the Appellant Rs. 500 as damages and proportionate costs both of the said appeal and suit. The respondent then filed a second appeal in the High court of Kerala and the appellant filed his cross- objection thereto. The High court reversed the decree of the Appellate Court and dismissed the Appellant’s cross-objections as also the suit directing the parties to bear their own costs throughout. As the decision of the high court was against the appellant, and he being not satisfied with the same, he filed an appeal by special leave granted by the Supreme Court. During the pendency of the appeal, on 16th May 1983, the appellant died leaving his two grandsons and granddaughters as his only legal heirs and representatives. On 4th November 1985, one of his grandson and granddaughter filed a civil miscellaneous petition before the court to bring all four of them on record of the appeal in place of the appellant. As the application was filed beyond time, they filed another civil miscellaneous petition no. 43066 of 1985, to condone the delay and to set aside the abetment of the appeal.

Issues before the Court

Whether the death of the appellant will abate the Appeal
Whether the delay in filing civil miscellaneous application by the grandchildren of appellant for setting aside abatement will be excused

The Ratio of the Case

The appeal was filed to enforce the right of the appellant to sue for damages for defamation. The appellant died during the pendency of the appeal having his rights did not survive his death. Also had he died in the pendency of the suit or his first appeal to the district court, it would have been equally abated as it did by the hon’ble Supreme Court. Because he had succeeded in the first appeal, had he died during the pendency in High Court, the appeal would not have been abated.

The Decision of the Court

The Appeal is dismissed as having abated. The civil miscellaneous petition filed by the appellants grand-children were also dismissed as not being maintainable. The legal representatives acquired no right in law to be brought on the record in the appellant’s place and stead. There is also no order for the cost of the appeal and miscellaneous petitions.

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This article is written by Bhavna Arul, a fourth-year law student from Symbiosis Law School.

INTRODUCTION

Non-Government Organizations are formed with the intention of solving socio-economic issues in a country. They can be in the form of a Trust, Company (Section 8 company) or a Society. These organizations often get a tax exemption as the finances of these organizations are directed towards benefitting the public in the same manner the government utilizes taxes. An NGO to be recognized by the tax authorities as an NGO must register itself under S.12A of the Income Tax Act.

Even charitable works by individuals and companies are eligible for tax exemption. For individuals and companies, there is a prescribed set of funds that when donated to, exempts the individual from paying tax.

Fundamental Taxing for NGO’s

All voluntary or charitable organizations as defined U/S.2(15) of the Act have the liability to pay service tax on the income received by them, except for that donation which has been specified to be ‘corpus’ by the donor in writing. However, the interest or dividend accrued on such funds can also be utilized for taxing.

As provided by the Act only 85% of the total income received by an NGO is to be utilized and the remaining 15% is accumulated for later use and corpus fund forms a part of such remaining income. And this accumulated income can be used within the next five years and if not used then shall be considered as the income of the eleventh year.

A public trust with an income of 50,000 rupees or more needs to file an annual income. Further, if the voluntary organization in question has not been registered U/S.12A of the Act and earns an income that exceeds the minimum taxable limit then its total income and the corpus fund will be taxable on the amount excess. Any organization not registered under S.12A is not considered as an NGO by the Income Tax Act and hence no relaxation in tax is given to such organizations.

In addition to all these, what has been made taxable are the kind of anonymous donations made by any organization or institutions or individual to a charitable organization at a rate of 30%. However, the Constitution of India has made such donations to religious institutions non-taxable.

Rules Applied During Profit

When the revenue of the NGO exceeds its expenses, then such organization is deemed to earn a profit. Generally, NGOs work with the plan of utilizing most of their funds. It is rare for an NGO to be making profits as it fundamentally clouds the idea of an institute working towards socio-economic development. Profits earned by NGOs can be channelized in the most effective way if such an idea is desired for.

The surplus income can be utilized to carry on activities towards the fulfilment of the objective of the NGO. The surplus can either be carried forward to the succeeding years without any kind of limitation or accumulated for a specific purpose. However, the DTC proposes for the utilization of the 15% of the surplus or 10% of the receipts within three years in order to restrain the accumulation for a longer period and in such case where the surplus is not utilized it shall become taxable at a rate of 15%.

Profits earned by any charitable trust from a construction project cannot be subjected to exemption under S.11, however, it is entitled to deduction under S.80B(10). However, an exception for this rule is if an NGO working for women empowerment earns profit by selling off the handicrafts made by the women employed by them shall not be made taxable.

List of Exceptions and Conditions

Category of income	Income subject to tax	Taxability
Donations/voluntary contributions	Voluntary contributions with a specific direction to form part of corpus of trust or institution	Exempt*
Voluntary contribution without such specific direction	Forms part of income from property held under trust
Anonymous donations i.e., donations where donee does not maintain record of identity/any particulars of the donor	Donation exceeding higher of:i) 5% of total donations received by trust orii) Rs 1,00,000	Taxed at 30%
Anonymous donation received by trust established wholly for religious and charitable purpose on	Taxable in the same manner as voluntary contributions (without specific direction) as above
Income from property held under trust for charitable or religious purpose	Income applied for charitable or religious purpose in India	Exempt*
Income accumulated or set aside for the application towards charitable or religious purpose in India	Exempt* to the extent of 15% of such income. This means at-least 85% of income from property to be applied for charitable and religious purposes in India as above and a balance 15% can be accumulated or set aside. [See below comment on 85%]
Income from property held under trust created for charitable purpose which tends to promote international welfare in which India is interested	CBDT either by general or special order has directed that such income shall not be included in the total income of trust	Exempt*
Capital gain from asset held under trust in whole	Net consideration is utilised fully for acquiring another capital asset	Entire capital gain is deemed to have been applied for charitable and religious purpose and hence is exempt*
Net consideration is utilised partially for acquiring another capital asset	Capital gain utilised in excess of cost of old asset transferred is considered to have been applied for charitable and religious purpose and is exempt*

*Only Charitable/ religious trust or institution registered under Section 12AA enjoys the exemption

CONCLUSION

When discussing the development of a country, we are referring to a very inclusive definition that includes development in all hemispheres i.e., social, economic, environmental and political growth. It generally is the duty of the government to look into all these aspects of development within a country. However, it often so happens that the government is unable to address certain issues and need help from external agencies.

When a country faces the problem of corruption, NGO’s are the most effective solution to continue social and economic growth in a country. NGO’s are more trusted than governments as they generally are more transparent with their work and show results. They provide quicker reliefs than governments and often on a long run also assist the government in aspects such as policy making and reforms.

To prevent NGO’s to be a cover for corruption and still promote the work done by NGO’s the Indian Tax system has cleverly devised measures to keep checks and balances on these NGO’s. The progressive tax system that India follows has led to immense development in the country and has always supported the economic growth of the nation.

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This article has been written by Tulip Das currently perusing BBA L.L.B(H) from Amity University Kolkata. LinkedIn Hyperlink: https://www.linkedin.com/in/tulip-das-5062581a6 .

Introduction

“To have once been a criminal is no disgrace.

To remain a criminal is a disgrace.”

~ Malcom X

Crime and criminals are indeed looked upon in society with greatest hatred. Nevertheless, it is our society that prepares the crime and the criminal commits the same. Criminal laws have been established to curb crime and criminals. Criminal law is a broad field consisting of three major principal acts. They are: –

The Indian Penal Code, 1860
The Indian Evidence Act, 1872
The Criminal Procedure Code, 1973.

The Indian Penal Code is a substantive law while the Indian Evidence Act and the Code of Criminal Procedure come under the ambit of procedural laws. Before we start our journey from investigation to trial, we must go through a few important definitions: –

Cognizable Offence – Cognizable offence means an offence in which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court. The police can file a First Information Report (FIR) for cognizable offences only. In Cognizable cases, police can make the investigation without the prior permission of the Magistrate. Cognizable cases are more serious than the non-cognizable cases. Normally, serious offences are defined as cognizable and usually carry a sentence of 3 years or more.

Non-cognizable Offence – They are those categories of offences, which, as per Criminal Procedure Code (1973), the Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court of law are known as Non-cognizable offences. These include minor offences such as abusing one another, minor scuffles without injuries, intimidation, etc.

Once the type of offence has been acknowledged, the investigation process begins. The steps which take a case from investigation stage to trial are as follows: –

THE EVIDENCE PHASE – After the FIR has been filed by the police, the investigation begins. The investigation is done in order to gather evidence by: –

Gathering of proofs or collection of evidence
Statement of witnesses
Interrogation or cross-examination
Logical examination or scientific analysis

Types of Evidences

Recording of Statements under sector 161 of CrPC. Where an offence is submitted under area 354, 376, or 509 of the I.P.C, the announcement of the charge must be enrolled by the Magistrate under sector 164 of the CrPC.

Gathering of Evidence in the type of Documents and others.

Recording of admissions or articulations under area 164 Cr.PC before the Magistrate.

During this examination, the Police make captures and are proceeds with the generation of the accused before the Magistrate. The charged must be presented before the justice within 24 hours of capture by the Police.

After the accused is produced before the Magistrate, the following further processes begin.

Remand or Bail

Whenever an accused is arrested for any offense and the police are unable to complete the investigation within 24 hours then such accused is produced before a magistrate, requesting an extension of custody. The magistrate can grant police custody to the accused which shall not exceed more than 15 days in the entire considering of the application. However, if the magistrate does not seem to be convinced, then the accused is taken to magisterial custody. However, the magistrate under section 167 (2) (a) of the Criminal Procedure Code, may authorize the detention of the accused person. Otherwise, if he is satisfied that adequate grounds exist in doing so, he is kept in the custody of police for a period of beyond fifteen days. However, no magistrate shall authorize custody for more than: –

Ninety days, where the examination of an offence is culpable with death, detainment for a long time or detainment for a term at the very least ten years.

Sixty days, in case of examination of some other offence.

On the expiry of the 90 days or 60 days, the denounced can be allowed safeguard by applying for an award of safeguard, inside the arrangements of section 436, 436, and 439 of CrPC.

Final Report (Section 173)

The police, after finishing the examination need to document the final report under Section 173 of the Criminal Procedure Code. This marks the end of the examination and the proof gathered by the investigating team. If the evidence collected against the accused is insufficient then the police may file a report under Section 169 of the Criminal Procedure Code and release the accused on executing a bond and undertaking for appearing the Magistrate empowered to take cognizance. The last report will of 2 types.

Conclusion Report.
Charge sheet/Final report

A Closure Report

A closure report or a conclusion report is filed when the police possess no evidence to prove that the alleged crime has been committed by an accused. After the closure report is filed the magistrate has the following four options: –

Accept the report and close the case.
Direct the police investigating team to investigate the matter further if he/ she thinks that there are still some loopholes in the investigation.
Issue a notice as he is the only person who can challenge the concluding report.
Might reject the closure report and take cognizance under Section 190 of the Criminal Procedure Code and Section 204 of the Criminal Procedure Code issue summons to the accused and direct his appearance to the magistrate.

Charge Sheet or Final Report

A charge sheet incorporates the elements of the offense committed in a prescribed form, the complete investigation report of the Police authorities, and the charges slapped against the accused. It includes briefed facts, all statements recorded under section 161, 164 of the Criminal Procedure Code, a copy of the FIR, a list of witnesses, a list of seizures, and other documental evidence. According to Chapter 6 of the Criminal Procedure Code, on the filing of the charge sheet, the accused may be issued a summons by the magistrate to appear before him on a given date. On the filing of the charge sheet, the Magistrate takes cognizance of the matter under Section 190 of the Criminal Procedure Code. The court, if it deems fit, can reject the charge sheet and discharge the accused or can accept it and frame the charges and, post the case for trial.

Beginning of Trial Process

Here, the journey continues inside the courtroom. If the accused pleads guilty, he is convicted. If the accused pleads not guilty, the trial process begins.

Opening of the Case: The case is opened in the court of law by the Prosecutor, who clarifies the court about the charges put on the accused in the charge sheet. However, the accused can anytime record an application under Section 227 of the Criminal Procedure Code 1973 for releasing him for the changes provided that the charges against him are false and are not solid or adequate to continue against him in the preliminary.

Evidence Presented by the Prosecution: Witnesses from both sides are analyzed. The phases of proof include Examination of Chief, Cross-Examination, and Re-examination. To prove the guilt of the accused, the prosecution is required to produce evidence before the Court. The proof or evidence must be backed by the witnesses’ statement. This procedure is known as “examination in boss”. The magistrate has the power to issue summons to any individual as a witness or request him to produce a document before the Court. Sections of the Criminal Procedure Code 1973 applicable here are:

Section 233- Session trial

Section 242- Warrant trial

Section 254- Summons trial

Statement of the Accused: After the evidence produced by the Prosecution, the statement of the accused is recorded under Section 313 for the CrPC. An oath is not considered during the recording of any statement. The accused at that point says his or her realities and conditions of the case. Anything recorded during this process can be utilized against that person at any later stage.

Witness of the Defense: The defense, after the statement of the accused, produces oral and narrative evidence. This is under Section 233 for sessions trial, Section 243 for warrant trial, Section 254 (2) for the request of summons trial. In India, the defense is usually not required to give any proof as the burden of proof is on the Prosecution.

The Final Arguments: The last arguments are presented by the Public Prosecutor and the defense counsel. As indicated in Section 314 of the Criminal Procedure Code, any party to any proceeding may, soon after the end of his evidence, address concise oral arguments, and may, before he finishes up the oral contentions, if any, submit a memorandum to the Court presenting succinctly and under distinct headings, the arguments in support of his case. Every such jotting will form a part of the record. A copy of every such jotting shall be provided to the contrary party.

The Judgement: After hearing all the arguments, the judge decides whether to convict the accused or acquit him. This is known as judgment. This also Incorporates session trial contained in Section 235, warrant trial in Section 248, and summon trial under Section 255 of the CrPC. If the accused is convicted, then both sides present their arguments on the punishment. This is usually done if the punishment is life imprisonment or capital punishment.

After hearing the arguments from both sides, the court finally decides what should be the punishment for the accused. Various theories of punishment are considered such as the reformative theory of punishment and the deterrent theory of punishment. The age, background, and history of the accused also kept in mind while giving the judgment.

Conclusion

I would like to conclude by saying that crime never pays. The journey from investigation to trial is not a bed of roses. Many individuals including the Police officials, the lawyers, and the judges have a vital role to play at every stage. From investigation to the gathering of evidence to the trial, all play their roles appropriately, bravely as well as being fair and honest. When law and order start working hand-in-hand, crime and criminals very soon be wiped out of the society. We must always keep in mind that punishment is the last and the least effective instrument given to curb crime and criminals. We must make efforts to reduce crime rates and make the world a better place.