Month: August 2020

CERTIFICATE COURSE ON CV WRITING (LIVE CLASSES AND PERSONALISED ASSISTANCE INCLUDED); REGISTER BY AUGUST 25

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ABOUT LAWSCHOLE

From the beginning, Lawschole has been driven by the interests and involvement of our incredible and engaged law students. We are a great resource, offering opportunities for students to be active in a variety of topics and to engage with each other in an interesting and safe online environment. It is a forum where law students can share thoughts, seek opinions and advice, and learn something new from other members of the forum. We are a hub of various events including webinars, various competitions, capsule and Online Certification courses, Moot Court Competition Series- we call it “THE PRACS SERIES”, and blogs.

ABOUT THE CERTIFICATE COURSE ON CV WRITING

The Certificate course on CV Writing consists of 3 (Three) Modules and 8 hours live classes, which shall be made accessible to the enrolled students from the “My Courses” section from September 2 to October 1. The students must submit the “Assignment” which will be assigned on September 20 to be eligible for the issuance of the Certificate. By the end of this course, you will be able to make an effective CV which will help you secure your dream job/ internship.

COURSE REVIEWER:
APRAJITA BHARDWAJ, FOUNDER, LAWSCHOLE

COURSE STRUCTURE

WEEK 1
MODULE-I: Introduction to CV Writing
a. What is a CV?
b. Difference between a CV and a resume
c. Personalized CV Writing Sessions
WEEK 2
MODULE-II: Writing effective CV
a. Components to include in a CV
b. What makes an effective cover letter and a CV?
c. How can your CV help you land your dream job/ internship?
d. Personalized CV Writing Sessions
WEEK 3
MODULE-III: Case study
a. Templates of effective resumes and cover letters
b. Biggest mistakes that candidates make in their CVs / Resumes
c.One to one Interaction
d. Personalized CV Writing Sessions
WEEK 4
MODULE-IV: Assignment

Submit your Assignment- DUE DATE 29 SEPTEMBER (CERTIFICATE WILL ONLY BE ISSUED ONCE YOU SUBMIT THE ASSIGNMENT)

REGISTRATION FEES

COURSE FEE- RS. 599/-

You can submit the Registration fee via PayTm UPI Money Transfer, Bhim UPI, or Gpay by using the following UPI ID OR SCANNING THE QR CODE GIVEN ON OUR WEBSITE https://www.lawschole.com/courses (PLEASE NOTE: We DO NOT accept payments in Paytm Wallet. Make sure the transfer is a UPI MONEY TRANSFER.)

UPI ID- aprajitabhardwaj18@okicici

or,

PAYTM UPI ID- 7461015926@paytm

ENROLL HERE

FROM OUR WEBSITE- https://www.lawschole.com/courses
OR, FROM THE GOOGLE FORM- https://forms.gle/AzaYv7xvxxZkaXAy9

IMPORTANT DATES:
LAST DATE OF REGISTRATION- AUGUST 25, 2020
BATCH STARTS- SEPTEMBER 2, 2020
MODULES ACCESSIBLE FROM- SEPTEMBER 2, 2020
ASSIGNMENT DUE DATE- SEPTEMBER 29, 2020
ISSUANCE OF CERTIFICATE- OCTOBER 5, 2020

Webinar by Iuris Jura: Register now!

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Iuris Jura

Iuris Jura started in the year 2020, aiming to spread legal awareness and provides learning related to the law topics. We hope that this platform will indeed help the law aspirants to learn, explore and enhance their legal knowledge.

Iuris Jura is an e-learning platform for legal learning aspirants which provide the opportunities to all the law aspirants across India. We have put an effort so that the law aspirants and the legal fraternity can associate with us. Moreover, it is an organisation that always endeavours to provide astonishing cordial and practical outlook with equal co-operation and participation from all. Basically, it moulds the legal thought process which modernizes the socio-economic lifestyle.

About the Webinar

Iuris Jura takes immense pride in announcing that we are organising a Webinar series on:
• “Anti Defection Law in India (22nd August 2020)”.
• “An overview of Insolvency and Bankruptcy Code (23rd August 2020)”.

The speakers for the event on 22nd August 2020 are:

  1. Mr. Abhinav K Shukla, Assistant Professor, Amity Law School, Amity University Chhattisgarh.
  2. Mr. Abhimanyu Singh,
    Founder- ManuLegal
    Research Scholar, Dept. of Law, University of Rajasthan.
    Alumnus: NLU Patiala.

The speakers for the event on 23 August 2020 are:

  1. Mr. Devashish Tiwari, Associate, Naik & Naik Co., Mumbai.
  2. Ms. Ayushi Agrawal, Associate, Clove Legal, Mumbai.

Registration Link –
https://forms.gle/GDHMNaADTn8qibj78

Perks

E-Certificate will be provided to all those will attend both the webinars.

Madras Railway Company v. Zamindar of Karvatengarum (1884)

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This case analysis is writte by Akshat Mehta, a student of the Institute of Law, Nirma University, Ahmedabad. In this case, he has tried to show how the concept of ‘Strict Liability’ is interpreted in certain conditions depending upon the place and circumstances. 

INTRODUCTION

Any person could not be made strictly liable if his/her act is in the direction of ‘Collective paramount Interest’ or is benefiting the public at large and is the interest of the public policy. 

Equivalent Citation

(1974) 1 I.A. 364 (P.C.)

Bench

Sir R.P. Collier, Sir J.W. Colvile, Sir L Peel and Sir B. Peacock

Decided On

3 July 1874

Court

Calcutta High Court

Relevant Laws

Strict Liability and Exception of ‘Vis Major/Act of God’

Facts of the Case

The tanks were used to store water for the purposes of irrigation and other agricultural related activities. The district was situated in the hilly areas and tanks were used for storing huge quantity of water since time immemorial and also these are the absolute necessity for the purpose of cultivation also such practice was followed throughout India and particularly in those hilly districts and in Zamindari of Karvetinagaram as it was lawful and governed by custom and usage. Water stored in the tanks is the primary and only source of living and farming for the ryots living in those areas. 

On one such instance bulky water stored in those tanks busted and escaped thereby damaging the appellant property and destroying three bridges of the railway. Railway Company brought the suit against the defendant for the recovery of damages suffered by the company. 

The defendant (Zamindar) contended that the injuries caused was not due to his negligence but it is an effect ‘Vis Major/Act of God’ and he should be absolved from all the liabilities aroused due to the act of God.

Issues Before the Court

1. Whether the defendant acted negligently in procuring and managing the water in the tanks or it comes under ‘Vis major/Act of God’?

2. Whether the defendant (Zamindar) is liable to pay any sought of compensation to the plaintiff’s sustained by them due to the bursting of the tanks?

Ratio of the Court

The court read the present case in consonance with Vaughan v. Taff Vale Railway Company, Jones v. The Festiniog Railway Company, Rylands v. Fletcher and Withers v. The North Kent Railway Company. 

High Court had given its reasoning on the basis of two grounds:

1. The water stored in the tanks is used by all the ryots of the area. Hence it is in the benefit of the society and catering to the needs of ‘Paramount Collective Interest’. In this regard, the court stated that “The existence of these tanks is absolutely necessary, not only for the beneficial enjoyment of the defendant’s land, but for the sustenance of thousands of his ryots.” Therefore it is inequitable if liability is imposed on the owner of the land where water tanks were situated; rather greater obligation could be created to take care of any escape of such things which could potentially harm the neighbors. 

2. Particularly in regards to the Indian conditions the water is required to be stored in larger quantities. Hence, it falls under the necessity rather and the exception to the doctrine of ‘Strict Liability’ optimistically applies here. Also, the condition of non-natural use of land varies from place to place and situation to situation. 

Decision of the Court

Hence Court held that here, in this case, the exception to the rule of ‘Strict Liability’ applies and the defendant couldn’t be directed to pay the compensation to the appellants because he had taken all reasonable precautions while storing water in the tanks. The High Court dismissed the appeal of the appellants i.e. Railway Company. 

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CAN A CONSUMER COMPLAINT BE FILED ONLINE?

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INTRODUCTION

The consumer protection bill, 2019 was introduced in the Lok Sabha on 8 July 2019 by the Minister of Consumer Affairs and food and public distribution. The consumer protection act has made it mandatory for every e-commerce entity to display the country of origin.  It was introduced by Ram Vilas Palawan.

First of all, the consumer is a person or a group of people, such as a household, who are the final users of products and services.  A consumer is a person or a group who intends to order or uses purchased goods, or services primarily for personal, social, family, household and similar needs, not directly related to entrepreneurial or business activities. A consumer is one that buys goods for consumption and not for resale or commercial purposes. The consumer is an individual who pays some amount of money for the thing required to consume goods and services. Without consumer demand, producers would lack one of the key motivations to produce to sell to customers. The consumer also forms part of the chain of distribution.

CONSUMER RIGHTS

There are some consumer rights and they are as follows under:-

•THE RIGHT TO SAFETY: this right says that to be protected against the marketing of goods which are hazardous to life and health.

•THE RIGHT TO BE INFORMED: this right says that to be protected against fraudulent, deceitful, or grossly misleading information, advertising, labelling, or other practices, and to be given the facts he needs to make an informed choice.

•THE RIGHT TO CHOOSE: this right says that to be assured wherever possible, access to a variety of products and services at competitive prices, and in those industries in which competition is not workable and government regulation is substituted, an assurance of satisfactory quality and services at fair prices.

•THE RIGHT TO BE HEARD: this right says that to be assured that consumer interests will receive full and sympathetic consideration in the formulation of government policy, and fair and expeditious treatment in its administrative tribunals.

COMPLAINT

If you purchase any product and that product has some defect and after talking to the dealer from whom you had taken that product and that person is doing fraud with you, in case that person is not listening to anything, then the consumer can go the consumer forum and can file a complaint against that dealer and for that product as well.

For doing an online complaint in the consumer forum, we need to first open the main site of consumer helpline that is: WWW.CONSUMERHELPLINE.GOV.IN (national consumer helpline) (NCH). This is the official website of the consumer forum and anybody can file their complaint over there. This site has a toll-free number which says 1800114000 or 14404. This website has a symbol of JAAGO GRAHAK JAAGO and it is opened every day except the national holidays. The timings for this toll-free number is 9:30 AM to 5:30 PM.

For doing the complaint online, there are some terms and conditions which are as follows:  If any consumer is taking any product or services for 1 lakh Rs and after taking it you have also given them the money and after taking the products or services, if the company has done any kind of fraud with the consumer then the consumer has to pay Rs 100 to file their complaint on the official website of the consumer forum. If the products or services are of more than 1 lakh Rs and less than 5 lakh Rs, then the consumer has to pay Rs 200 to file their complaint on the official website. If the consumer is taking products or services of more than 5 lakh Rs, then the consumer has to pay 400 Rs to file their complaint on the official website of the consumer forum. This goes increases and increases with an increase in money.

There are mainly four ways to file the complaint online as well as offline. These ways are as follows under:-

1. The place where the consumer is residing and the consumer can go to nearby consumer court physically and then file the complaint against the company or the dealer.

2. The second thing is that the consumer can call directly to the toll-free number given on the website and then tell them all problems and the fraud done by the other person.

3. On the website there is a number provided for SMS and the consumer can file their complaint through SMS as well and the number will be 8130009809. After sending SMS to this number, the helpline will call you back and then anybody can tell their problem.

For registering the complaint online, one has to sign up on the website given and they will send you one OTP on the given mobile number.  Then, the consumer needs to fill all the details of their problem by logging in into the website and there they need to write every single detail with timings of fraud. Once submitted, complaints are assigned an electronically generated number. This can be used to track the status of the complaint until it gets resolved.

If any consumer wins the case filed through the consumer forum, then the consumer gets the great compensation from the other company.  A complaint can be filed against any registered brand or service provider. The online complaint system has a dropdown menu of sectors, segments, and brands which includes all brands registered with the department of consumer affairs. Multiple complaints can be filed using the same login credentials and can be tracked online. The messages sent to the brand and consumer are also available for viewing to track progress. The complaints can be filed both in English and Hindi.

Indian Medical Association v. V.P.Shantha, AIR 1996 SC 550

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Case Number

Civil Appeals No. 688 of 1993 with No. 689 of 1993, W.P (C) No. 16 of 1994, C. As Nos. 4664-65 and 254 of 1994, 10039, 10081 and 10052-80 of 1995, decided on Nov 13, 1995

Equivalent Citation

1996 AIR 550, 1995 SCC (6) 651

Bench

Justices Kuldip Singh, S.C. Agrawal, B.L. Hansaria, JJ.

Decided on

13.11.1995

Relevant Act/Section

The Consumer Protection Act, 1986, Indian Medical Council Act, 1956; Specific Relief Act, Companies Act, 1956; Motor Vehicles Act.

Brief Facts

These appeals, special leave petitions and the Writ Petition raise a common question i.e., whether and, if so, in what circumstances a medical practitioner can be regarded as rendering ‘service’ under Section 2(1)(o) of the Consumer Protection Act, 1986. Connected with this question is the question whether the service rendered at a hospital/nursing home can be regarded as ‘service’ under Section 2(1)(o) of the Act. These questions have been considered by various High Courts as well as by the National Consumer Disputes Redressal Commission (NCDRC).

Issues before the Court

Whether the services of a medical practitioner can be considered as ‘services’ under Consumer Protection Act, 1986?

Whether hospitals and doctors come in the ambit of the Consumer Protection Act, 1986?

Ratio of the Case

NCDRC’s order decreed that the doctor – patient relationship is a contract for personal service and it is not master – servant relationship. A doctor is an independent contractor and the doctor, like the servant, is hired to perform a specific task. However, the master or principal (the hirer) is allowed to direct only what is to be done, and done, and when. The ‘how’ is left up to the specific discretion of the independent contractor (doctor). So, the doctor-patient relationship is a contract for personal service and as such, cannot be excluded from Consumer Protection Act.

The deficiency in service means only negligence in a medical negligence case and it would be determined under Consumer Protection Act, by applying the same test as is applied in an action for damages for negligence in a civil court.

Decision of the Court

The medical profession has been brought under the Section 2(1) (o) of CPA, 1986 and also, it has included the following categories of doctors/hospitals under this Section:

  1. All medical / dental practitioners doing independent medical / dental practice unless rendering only free service.
  2. Private hospitals charging all patients.
  3. All hospitals having free as well as paying patients and all the paying and free category patients receiving treatment in such hospitals.
  4. Medical / dental practitioners and hospitals paid by an insurance firm for the treatment of a client or an employment for that of an employee.

It excuses only those hospitals and the medical / dental practitioners of such hospitals which offer free service to all patients.

As a consequence of this judgment, effectively all private and government hospitals and the doctors employed by them and the independent medical/dental practitioners except primary health centers, birth control measures, anti-malaria drive and other such welfare activities can be charged under the Consumer Protection Act, 1986.

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CALL FOR PAPER: Lex Research Hub Journal

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Lex Research Hub Journal On Law and Multidisciplinary Issues (ISSN 2582 – 211X)

Lex Research Hub Journal On Law and Multidisciplinary Issues (ISSN 2582 – 211X) is an Online Journal is quarterly, Peer Review, Academic Journal, published online, that seeks to provide an interactive forum for the publication of articles in the field of Law and Multi-disciplinary issues.

THEME

We believe in bringing certain reforms in the present Legal Educational System, by publishing glorious submission of ingenious minds. The Journal believes that every issue or every aspect of the law is very important. Therefore, it does not emphasize on a particular theme of law. Contributors can submit their submission on any theme related to the field of Law, Policy & Governance.

ABSTRACT

A short abstract should be between 150 to 300 words that outlines the main question or theme addressed in the paper is required to be sent along with the submission.

NATURE OF SUBMISSION

The Lex Research Hub Journal On Law And Multidisciplinary Issues (ISSN 2582 – 211X) invites original, unpublished content from all academician, authors, legal professionals and students from across the globe, under the following categories-

  • Short Articles: (1500-2600 words, including footnotes)
  • Long Articles: (2500-4000 words, including footnotes)
  • Book Reviews: (1500-3500 words, including footnotes)
  • Case Comments: (2000-3000 words, including footnotes)
  • Research Papers: (4000-10,000 words, including footnotes)

 [Note: Please don’t submit more than one submission until or unless your submission shall be disqualified.]

CO-AUTHORSHIP

 A maximum of one co-author is allowed.

IMPORTANT DATES

  • Submission deadline: 25t September 2020

Note – We take 24 – 48 hours to review a paper and to notify the authors about the status (selected/rejected). Upon the selection of paper, we request authors to make payment of publication fees. Once we receive the payment, we take 24-48 hours to publish a paper and to dispatch the certificate of publication.

Altogether, We Take 4-6 Days to Publish A Paper

PERKS

Hard copy Certificate.

Best research paper or article or case comment will get an opportunity to work under our editorial team as “Intern Editor” and “Intern Researchers”

PUBLICATION FEES

Single Authored: INR 800/-

Co-Authored: INR 1200/-

FORMATTING GUIDELINES

The submission must be formatted according to the following specifications:

Body:

  • The submission must be word processed and font in Times New Roman.
  • The main text should be in font size 12.
  • A line spacing of 1.5 should be followed for the main text.
  • All text should be justified.

Footnotes:

  • The footnotes must be in Times New Roman font.
  • The footnotes shall be in font size 10.
  • A line spacing 1.0 for the footnotes is to followed.
  • All the footnotes should be justified.

CITATION GUIDELINES

The system of citation which is expected to be followed by the contributors is BLUEBOOK 19th Edition.

PLAGIARISM POLICY

All the submission submitted for the publication to Lex Research Hub Journal On Law And Multidisciplinary Issues (ISSN 2582 – 211X) must be plagiarism free. We may use any software to find out the plagiarism. But it is the duty of the contributors to assure the originality before the submission.

[NOTE: Lex Research Hub Journal On Law And Multidisciplinary Issues (ISSN 2582 – 211X) shall not be liable for any plagiarism or copyright issue.]

HOW TO SUBMIT

Step One – Download Copyright Declaration Form, sign the form, and upload the same while submitting your paper.

Step Two – Submit your paper, Click here to submit

PAYMENT DETAILS

Google Pay or Paytm – 8001324635

or Pay through Payment Gateway

Please take a screenshot after payment and send it by mail

CONTACT DETAILS

Mobile – 08001324635 or 08436488805

Email – journal@lexresearchhub.com

For more information visit this website https://journal.lexresearchhub.com/call-for-paper/

Call for Intern: Human Rights Law Network internship

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Human Rights Law Network: About internship

HRLN’s internship programme is a challenging and interesting experience for those committed to human rights and social justice in India. We offer an exciting opportunity to participate in movements for social change and welcome people from all fields to contribute to our initiatives. Interns and volunteers are an integral part of our dynamic team and we greatly value their efforts, creativity and contributions.

HRLN appreciates the support it receives from its National and International interns/volunteers. Our interns and volunteers go back with the commitment to contribute to the society through the experience they have gained while working with us.

We welcome and encourage internship applications from students in law schools and Institutes of Social Work that are less well known and outside the metro cities.

We actively support women, dalit and disabled students and volunteers and will do our best to make reasonable adjustments to our working environments and practices to accommodate equal access and opportunities.

Priority consideration will be given to applicants who have exhibited an interest in human rights, social and legal issues, and an eagerness to interact, learn and teach, for example by their voluntary work or activism on relevant causes.

HRLN has zero tolerance for behaviour or attitudes that display sexism, racism, castism, homophobia, transphobia, or discrimination based on disability, age, community or religion. Our interns and volunteers will be treated in accordance with this code and in turn are expected to follow it while on placement with us.

HRLN is a voluntary organisation supported by donations and is therefore unable to pay or reimburse any intern or volunteer for their travel, food and accommodation expenses or provide insurance cover. Although you will always find HRLN colleagues helpful and friendly, as a small unit, we cannot provide assistance with accommodation and travel.
We Seek

Enthusiastic people committed to human rights, with willingness to interact with others, and increase their hands-on experience of social and legal issues. They should have good research, writing and communications skills, as well as showing an ability to meet tight deadlines.

We Expect

A minimum commitment of three months for international interns and one month for national interns who will work with an advocate or a social worker. Interns are expected to show professionalism while performing their tasks and produce a report at the end of their assignment.

Interns will build their capacity

– In conducting research related to HRLN’s initiatives
– In drafting public interest petitions
– In conducting fact-finding missions,
– In writing articles and publications for the website
– In organizing workshops and conferences and such-like.

They might also be required to travel to other parts of India to conduct fact finding and research on human rights issues.

Applications must be submitted before three months thereafter (January for April, February for May, March for June, and so on.) You can also apply in earlier.

How to Apply

If you are interested to undertake an internship programme, please send your application form, a recommendation letter, writing sample and CV to hrln.internships@gmail.com with a title in the subject line of your email: ‘Internship at SLIC: (mention month)’.

Download Application Form

Click here to download the Application Form

For more information on HRLN Internship, view our FAQ’s.

Contact:
576, Masjid Road, Jungpura
New Delhi – 110014
Tel: +91-11-24374501
Email: hrln.internships@gmail.com

Attachments

https://hrln.org/uploads/2020/07-July/09-Thu/Application%20Form_Internship_19-06-2020_Shaoni.doc

For more information visit this website https://hrln.org/page/intern-with-us

Impact of International Trade Laws on the Environment

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

INTRODUCTION

Till the end of the 20th century, there had been a long going debate between environmental concerns and economic needs. With an increase in globalization since the late 20th century, small developing nations have often been left to pick between the environment and the economy. Countries such as Vietnam, Cambodia, Indonesia, etc. have been a production base for various MNC’s in various industries such as fashion, electronics, plastics, etc. These countries initially had a rich environment, which today suffers majorly from pollution and depletion. The UN in 2015 finally put an end to the economy or environment debate by picking a middle ground- sustainable development.  

International trade possesses as a huge threat to the environment. Most developing countries have a rich base of natural resources. These resources are often exploited by huge MNC’s and leave a scarring impact on the planet. Climate change has been an alarming issue this year as many countries around the world are suffering the impact of it. In India itself, the summer of 2020 held a record-breaking temperature of 50 degrees, meanwhile, states like Assam, Kerala and Maharashtra have been under constant threat of floods and earthquakes in Gujarat has become more frequent than ever before. On a global scale, we have had the Australian bushfires, Indonesian floods, earthquakes in Russia and the Philippines, etc. Most of these natural disasters have been linked to climate change and environmental threats.  

When we see laws relating to international trade, we realize its mainly in the form of agreements that countries have consented to. International organizations such as the WTO and the UN play a key role in such agreements and all countries that are parties to such agreements must follow what was decided. The UN recognized climate change and environmental threats as a matter of global importance and hence the United Nations General Assembly in 2015 decided on a set of 17 global goals to achieve sustainability. This was recognized in the popular Paris Agreement where all member countries agreed on cutting down on methods of trade that was potentially exploiting the environment.  

Role of WTO

The WTO plays a key role in regulating international trade and commerce. When it comes to environmental regulations, the WTO understands the importance of a balance between economic and environmental growth in a country. Allowing for the optimal use of the world’s resources as per the objective of sustainable development and seeking to protect and preserve the environment are fundamental goals of the WTO. These goals are enshrined in the Preamble of the Marrakesh Agreement (the birth agreement of WTO) and these go hand in hand with the WTO’s objective to reduce trade barriers and eliminate discriminatory treatment in international trade relations between countries. 

For WTO members, the aims of upholding and safeguarding an open and non-discriminatory multilateral trading system, on one hand, and acting for the protection of the environment and the promotion of sustainable development, on the other, can and must be mutually supportive. WTO rules, including specialized agreements such as the Agreement on Technical Barriers to Trade (which deals with product regulations), and the Agreement on Sanitary and Phytosanitary Measures (which concerns food safety and animal and plant health), provide scope for environmental objectives to be followed and for necessary trade-related measures to be adopted.

The Doha negotiation is was an important move by the WTO with regards to environmental concerns. It on achieving more efficient allocation of resources on a global scale through the continued reduction of obstacles to trade and on pursuing win-win-win results for trade, development and the environment. The Doha negotiation was the first international agreement where environmental issues had featured explicitly in the context of a multilateral trade negotiation.

Global Issues

International movement of goods continues to have significant environmental consequences, including increase of short-lived and long-lived greenhouse gas (GHG) emissions globally, the introduction of invasive species into waterways regionally, and harm to human health through particulate pollution locally. Production and waste management have been harming the environment in various manners. Governments around the world have been working towards these environmental concerns, however, the pace of finding a solution is extremely slow when compared to how rapidly the issue is growing.

Economically stable nations such as the United States, China, Japan, etc have disregarded environmental concerns. Trump, for example, withdrew the USA from the Paris Agreement. China continues with expanding industrialization to the extent of leaving irreversible damage on the environment. Small countries are often put at a pressure point when economically developed nations don’t abide by these agreements. Despite over two-third (higher voting power) of the member countries in UN and WTO being third world countries or smaller nations, the fear of economic exclusion pushes these countries to comply with what the economic giants agree on.

CONCLUSION

In a situation of an economic crisis, as we are currently facing, most governments will look forward to shooting up economic growth rates and increasing GDP in the successive financial years. However, the government this time must take into account the increasing natural disasters due to climate change and work towards a sustainable model of economic growth. A sustainable model for economic growth can be contributed by various factors, such as- what manufacturers are producing, how production is made, what a consumer is interested in buying, prices of goods, etc.

Governments must start regulating what an MNC is allowed to produce and manners of production to promote environmental development. Organizations like the WTO and the UN must start taking stricter action against countries that violate the agreements. The WTO Dispute Settlement Body previously has dealt with several disputes concerning environment-related trade measures. Such measures have sought to achieve a variety of policy objectives — from conservation of sea turtles from incidental capture in commercial fishing to the protection of human health from risks posed by air pollution. When we look at the judgements in landmark cases such as the US shrimp and turtle case or the asbestos case, the WTO has always sided with whatever is beneficial for the environment.

The disasters of 2020 is a wake-up call for all nations to take better care of the environment. Countries must make more stringent environmental policies and aggressive international trade must immediately stop to conserve what’s left of the environment.      

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Nithari killings: A Critical Analysis

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This Article is Written by Manav Sony from Amity University, Kolkata. The Article talks about the Critical Analysis of the Nithari Killings which shook the entire Nation at once. 

Nithari Killings or Noida Serial Murders was one of the deadliest events which occurred in the years 2005 and 2006. These murders took place in the house of the well-known businessman Moninder Singh Pandher in Nithari, India. The accused Mohinder Singh was taken into conviction in two out of the five cases which were there against him and his servant who used to work for him was convicted in almost ten out of the sixteen cases. Both the accused were awarded death penalty from the court of law.

Talking about the events, firstly in the month of December, 2016, two residents of Nithari were reported that they actually knew the location of the remains of the dead bodies of the children who had gone missing in the previous two years’ time i.e. since 2003. The Municipal Tank which was there near the plot D5 contained the remains of the two children who were missing. The suspects claimed that Surinder Koli, who was the domestic help of that house was also involved in the mystery of the kidnapping and murder of these two innocent children. The residents of that area had contended that when they found a decomposed hand in the tank, they tried to contact the police immediately and the local authorities failed to take concrete action from that time. The anxious parents of the children who were missing for so long went to Nithari with their photographs and finally they got a big lead from the police over there. 

The families of the children were actually blaming the Nithari Police because they woke up really very late and they failed to take prompt action. Their children would have been safe if the police could have taken some stricter action from the really first day itself. Instead of that, the Noida police tried to blame the family members and said that they were providing false information about the missing children i.e. the children were not missing and it was fake. The children were not minors but were adults who left home after having a fight with their parents. Basically, it was portrayed that the police were fully corrupted and thus they were given money by the criminals in order to hide the information regarding the entire case. The same contention was even raised by the residents of D5 because they were facing issues regarding the late investigation procedure. The police were so reluctant during the entire investigation that it was really clear that they were given money. Talking about the instances, one of the residents said that the police were trying to take the credit for discovering the dead bodies of the children, but it was actually the residents who dug them up. The police had also denied getting fifteen bodies and clearly said that the entire report will come through the DNA Test. Then, the police had sealed the entire crime spot and barred the entry of news media around it. The Central Government had given a lot of effort in order to collect all the relevant facts of the case and to catch the crime doers who were actually behind these brutal killings and also to ascertain whether this matter contained any “inter-state ramifications”. But the home ministry was basically interested in finding out the inside magnitude of the entire crime scene and the incidents involved. On 26th and 27th December, the employer of Koli, Mohinder Singh Pandher and Koli were taken into police custody because they were in connection with the kidnapping of “Payal.”  After Koli confessed the entire thing to the police, they went to the crime scene and after that they started to dig the nearby areas and found the bodies of the children. All the bodies were brutally decomposed and not at all in a proper condition. After this, two policemen were immediately suspended because of the fact that they never took any prompt action when they were informed about a larger number of children missing. The angry residents were so angry that they charged into the house of the mastermind of this entire crime and also demanded to remove the tyrannical Government of Mulayam Singh Yadav. Slowly, the situation at Nithari village became really very angry and was out of control. Some angry mob of villagers started fighting with the police and were pelting stones at each other, just outside the residence of the mastermind. The police also arrested Pandher’s maid Maya under suspicion that she hid women inside the house. As more body parts were dug from the areas nearby, hundreds of residents got really scared and they figured out that there was a really big racket going on organ transplant. A doctor who lived close to the residence was under the suspicion of police a few years prior in connection to a kidney racket which was going on at his hospital. Many searches were conducted throughout his properties, and investigators found no such evidence to support any claim of the fact that he was actually involved in the incident. During the search operations, the investigating teams got some erotic literatures and a laptop computer which was connected with a webcam, which suddenly raised questions regarding the international child pornography racket. The police also got some pictures of Pandher with nude children and even foreigners during his international visits four times. It was simply alleged that Pandher used to supply these pictures abroad and he could easily link it to Paedophilia i.e. a type of disease. But it was later found to be untrue and not accurate. As the investigation proceeded, it was found that those nude children were Grandchildren of Pandher. There was no concrete link found relating to child pornography. The story in the end was found to be a media created rumour and nothing else. The accused were brought to the Directorate of Forensic Sciences in Gandhinagar City so as to undergo brain mapping and also polygraph tests so as to know the actual cause of the case on 4th January, 2007 and also the Narco Analysis test five days after these two tests. The police informed the media that both the accused were really very cooperative during the tests and all the tests have been covered successfully without any hassle. Surinder Koli had also confessed regarding his crime once again to the police and thus a clean chit was given to his employer because he was really much unaware of the actions of Koli. Surinder had also revealed about all the deaths which took place through strangulations. He said that before killing them, he raped them and after that he took them to his washroom and cut them into pieces. Pandher was in the end declared as a much-depressed person and a womaniser. The two accused were then taken to the headquarters of CBI in Mumbai Jail on 11th January,2007 night which was one day before the investigation was to be transferred to them. They continued to investigate the entire matter from the scratch and found three more skull and human remains at the crime scene. All the investigators found the drains outside the house and got three skulls, which were of those missing children and their body parts which also included leg, bones and torso. 

Conclusion

In the end, in February, 2011 the Supreme Court upheld the death sentence of the culprits. In July, 2014 the President had rejected the mercy petitions filed for them. On 3rd September, the court had issued death penalty against Koli. On the evening of 4th September, Surinder was transferred to Meerut Jail because of the absence of hanging facilities. On October 29th, 2014 the Court bench headed by CJI H.L. Dattu had rejected the death sentence review petition. After so many review petitions, the court had finally given death sentence to them in the 10th conviction in the year 2019. 

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Webinar: Key Strategies of Legal Research

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Christ (Deemed to be University), Delhi NCR

School of law, CHRIST (Deemed to be University), is an academic fraternity of individuals wherein, knowledge of the law is imparted by a teaching-learning process; teaching is supplemented by a variety of skills, such as skills in advocacy, legal writing, research, and management of time.

School of Law, CHRIST (Deemed to be University) is inviting everyone to attend the webinar organized on Key Strategies of Legal Research on 18 August 2020 on Cisco WebEx Platform.

The speaker for this webinar will be one of the eminent personality, Dr. Gaurav Kataria.

Associate Professor of Law Ethiopian Civil Service University, Addis Ababa, Ministry of Civil Service and Human Resource of Ethiopia

DATE: 18th August 2020

TIME: 1:30 pm – 3:00 pm

Link for registration: http://christncr.webex.com/christncr/k2/e.php?MTID=t931584a2b9b07b44639975ec3cf5272c

Session Number: 1266197842

Session Password: 8dAgmQMP3a3

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