About the Organization

Law Joint focuses on combining awareness of our students need and strong work ethics to deliver the best legal knowledge to the success of the students and their professional prospects.

About the Webinar

Law Joint is organizing a Webinar on Recent Developments in Investigation by Narcotics Control Bureau and Insights about NDPS Act.

Topics Covered:

  • Importance of NCB
  • Drugs Control Strategy & Policy
  • Procedure of Search, Seizure, Arrest
  • Banned Drugs & Quantity
  • Offences & Penalties
  • Dates: 20th September 2020
  • Timings: 5 PM – 6:30 PM
  • Fees: Rs. 100/-
  • Note: E-Certificate will be provided.

Payment Details

Paytm: 9873312051

GPay : 9811417312

UPI: kaurs939@oksbi

Note: Zoom Link will be sent 1 day before the event on your registered email.

About the Speakers

  • Chief Guest: Hon’ble Mr. Justice Virender Singh, Former Chief Justice Jharkhand High Court
  • Key Note Speaker: Mr. L.N. Rao, Former DCP, Delhi Police

Contact Information

Mobile Numbers: 8527322073, 9873312051

E-mail ID’s: infolawjoint@gmail.com

To register for the webinar click here.

About giBS

Centre for Legal Studies, Gitarattan International Business School (giBS) was established in the year 2016. giBS is affiliated to Guru Gobind Singh Indraprastha University, Delhi and is approved by Bar Council of India for BBA LLB and BA LLB programmes. The institute is accredited as ‘A’ grade by NAAC in its second cycle on 2019 and assessed as Category ‘A+’ by Joint Assessment Committee of Government of Delhi and Guru Gobind Singh Indraprastha University.

About gLJ

giBS Law Journal is a double blind peer reviewed journal and is currently soliciting submissions for its Vol. 3 having ISSN: 2582-4627. The journal is an endeavor to enhance understanding of the contemporary Legal issues and engage in multi-disciplinary approach of study to law.

The Journal is an initiative to provide a platform to intellectuals to share their knowledge and expertise with society at large. The Editorial Board thus invites submissions from Law Academicians, Legal Practitioners, Legal Researchers and Legal experts.

Invitation to authors

The Editorial Board of the giBS Law Journal welcomes submission of unpublished original articles, research papers, book reviews, and case comments for its forthcoming issue from members of the bar, bench and the academia.

Submission Guidelines

All the submissions must follow the guidelines mentioned below:

  • Font – Times New Roman; Size 12 for Text, 10 for Footnotes.
  • Line spacing – 1.5 for text and single for footnotes.
  • All submissions must be in MS Word format (.doc) or (.docx)
  • The word limit mentioned as under must be strictly adhered to.
    1. Article: The word limit is between 4,000 to 6,000 words.
    2. Research Papers: The word limit is between 6,000 words to 10,000 words.
    3. Notes and comments: The word limit is upto 3,000 words.
    4. Book Review: The word limit is upto 2,500 words.
  • Articles and Research papers should be carrying an Abstract in the beginning within a limit of 175-200 words.
  • The Submissions should be original (not plagiarized) and free from grammatical, spelling and other errors.
  • The Present issue of the giBS Law Journal shall focus on the Recent Developments and Trends that have taken place in the Indian Legal System and abroad.
  • Co-authorship upto two authors is allowed in cases of writings based on collaborative and multidisciplinary research.However, Co-authorship is not allowed in the category of Case Commentaries and book reviews.
  • All submissions and correspondence concerning the giBS Law Journal should be addressed to the Editor and be sent at glj@gitarattan.edu.in.
  • The submission should have an attached cover page with the Author’s brief description including Title, Name, Affiliation (University/Organization), Educational qualification, Professional Status, Mobile number, in not more than 300 words. Apart from the cover page, the rest of the submission should not contain any reference to the identity of the author to enable anonymous peer review.
  • For citation and references, “Indian Law Institute, Rules of Footnoting” should be followed. Authors may visit freely accessible website of Indian Law Institute http://www.ili.ac.in/footnoting12.pdf for footnoting guidelines.
  • The Editorial Board, giBS Law Journal, conducts a strict editorial review of submissions received and holds absolute discretion in determining whether to accept a submission or not.

Selected research papers will be paid an honorarium of Rs 3000 per paper along with a copy of the current issue of the giBS Law Journal.

Important Dates

Release of Call for papers11/06/2020
Full Paper Submission03/10/2020
Notification regarding acceptance/amendments03/11/2020
Submission after revision21/12/2020
Publication of Volume15/01/2021

Looking forward to positive response and contribution from research scholars, academia, lawyers, judges and policy makers interested in the studies on legal issues. We request all for cooperation in making this endeavor a success.

About Us

Team Attorneylex is a newly developed organisation that is devoted to the law students of the country. Our primary purpose is to guide the law students in their legal research, content writing, analyse the case, read or understand the courts’ judgments, etc. because we believe that these things are an essential part of the legal profession.

About the National Online Quiz Competition

Team Attorneylex is organising its 2nd Online National Quiz Competition on Indian Polity scheduled to be held on 30th September 2020.

Eligibility

Team Attorneylex looks forward to participation from school students, law aspirants, students pursuing 5-year law and 3-years law, and LLM courses. Professionals from the legal fraternity are also invited to participate in the Quiz.

Important Dates & Timing

  • Last date for registration: 29th September 2020, 11:59 PM
  • Competition Date: 30th September 2020, 06:00 PM
  • Declaration of Results: 5th October

Venue – Online (Google forms) Details

  • The quiz competition is not a team-based competition, and thus, each student shall participate individually.
  • The Quiz will consist of Indian Polity questions, including significant/landmark judgments.
  • It will consist of 30 MCQs.
  • The total time limit for the Quiz is 10 minutes.
  • Every question carries one mark, and there will be no negative marking.

No Registration Fees Registration Link

Interested candidates can fill the registration form – Click here

or, https://forms.gle/hTRaxsQ4KvPtn2Qj9

General Rules

  1. The registered candidates should join our WhatsApp group for updates.
  2. Link of the quiz will be shared in our Whatsapp groups.
  • The Quiz results will be declared on the social media platforms and the Website of the Team Attorneylex.
  • In the case of a tie, Time will be considered (Person who submits early will be given preference).
  • Team Attorneylex will not be responsible for any technical error, any connectivity/device failure during the Quiz.
  • The results declared would be final and the authority vests with Team Attorneylex to change or modify the same.

Perks

  1. Winner: Cash prize Rs. 1000/- + Certificate of Excellence + Article publication on the website + Online Internship opportunity with the Team Attorneylex.
  2. Runner Up: Cash prize Rs. 500/- + Certificate of Excellence + Article publication on the website + Online Internship Opportunity with Team Attorneylex.
  3. E – participation Certificate will be provided to all the participants.

If you have any queries feel free to contact

Vanshika – 07055460463

Gaurav -09616696008

Email– contact@teamattorneylex.in

Website: teamattorneylex.in Post link:

About the Moot

The Army Institute of Law, as a part of its endeavours of providing and facilitating its support to the student community of the Country takes immense pleasure in announcing the 10th edition of its National Moot Court Competition, “Checkmate 2020”. This year the rounds are to be held via Virtual mode from 15th -17th October 2020.

Deadline for provisional registration: September 18th, 2020.

Eligibility

  • Only one team from each participating college shall be registered for the competition. Each team shall comprise of either three members (two Speakers and one Researcher) or two members (two Speakers) only.
  • Note: No faculty member, coach, observer or a designated observer or fourth member is allowed to accompany the team and neither will be allowed to join the video-conferencing nor the chat room during the session.
  • The language for the Competition shall be English only.
  • Participation is restricted to bona-fide law students either enrolled in the 3-year LL.B course or the 5-year integrated law course.

Registration Details

The teams should provisionally register through by sending an e-mail to mcs[t]ail.ac.in (with subject Moot Court Registration Checkmate 2020) by September 18th, 2020.

Only 32 teams will be registered to participate in the competition on a first-come-first-serve basis.

Once the provisional registration is confirmed, the Registration Fee: Rs 2000/- for each participating team, is to be submitted by September 23rd, 2020, through online transaction either by clicking on this linkor by online transfer to the following Bank details as NEFT are:

  • Account Holder Name: Army Institute of Law (Main Account)
  • Bank Name: SBI
  • Branch Name: SBI Chandimandir
  • Account Number: 65230658237
  • IFSC Code : SBIN0050195
  • The scanned copy of the receipt (of payment of Rs. 2000/- paid using online mode) alongwith the duly filled registration form should be sent on or before September 23 rd, 2020, via email to mcs@ail.ac.in, with the following details:

Details of Payment of Registration Fee:

  • Transaction ID
  • Bank
  • Date of payment
  • Teams are required to send the scanned copy of their Institute’s Id card with this form.
  • No change in the names of the participants shall be permitted unless the same has been communicated to the organizers a week prior to the event in exceptional circumstances only after due proof has been attached by the participating college.

Prizes

  • Best Team: Rupees 15,000/- along with E-Certificates
  • Runner Up: Rupees 10,000/- along with E-Certificates
  • Best Memorial: Rupees 7,000/- along with E-Certificates
  • Best Speaker: Rupees 5,000/- along with E-Certificates
  • 2 nd Best Speaker: Rupees 3,000/- along with E-Certificates
  • Best Pre-recorded Video: Rupees 5,000/- along with E-Certificates
  • Note: All the Participants will get participation certificates. E-Certificates shall be mailed to the teams within fifteen days from the event.

Contact Information

Ms. Aafreen Choudhary: +91 7696152800

Mr. Rajesh Jha: +91 9779719927https://www.ail.ac.in/moot-court-society.php

About LexLife

LexLife India is a legal awareness platform. It seeks to present a legal analysis of government policies and events of national importance in simple language which can be understood by the general Indian population from legal as well as non-legal background.

Call for Blogs

They are inviting blog posts (articles) from students, professionals and fellow citizens. Name and picture of authors will be published along with their articles and they will be paid by industry standards based on the quality of content.

Eligibility

The following persons are eligible:

  • Undergraduate and postgraduate students.
  • Students pursuing PhD programme.
  • Advocates and other professionals.
  • Professors and Assistant/Associate Professors.

Perks

  • Payment in accordance with high quality of content material.
  • E-certificate of publication.
  • Publication with identify and film of creator(s).
  • Opportunity to unfold authorized consciousness.
  • Networking possibilities.

Topic Guidelines

The subjects have to be associated with one of many following classes:

  • Current affairs of nationwide or global significance.
  • Recent judgments.
  • Policy evaluation.
  • Important static ideas of regulation.

The writers are advised to check the website (https://lexlife.in/) before choosing their topic to avoid repetition as far as possible. Please note: Articles will not be rejected merely on the ground of repetition. The articles must touch upon at least one legal issue, provision, statute or draft law.

Submission Guidelines

  • The co-authorship is proscribed to a most of two authors.
  • All submissions have to be in Times New Roman, font measurement 12 and with 1.5 line spacing.
  • All entries ought to be submitted in .doc or .docx (MS Word) format.
  • Word depend of every submission ought to be between 1000 to 1800 phrases.
  • The articles should contact upon not less than one authorized situation, provision, statute or draft regulation.
  • Email ID of LexLife Blog is weblog[at]lexlife.in. The topic of the e-mail ought to be “Blog Post Submission”.
  • Author’s identify, designation, e-mail ID and cost info ought to be talked about within the physique of e-mail for credit and future reference.
  • MS Word file and film of creator(s) ought to be hooked up. (Note: If you don’t need your image to be revealed, merely don’t hook up it.)
  • All entries shall be screened by the editorial board earlier than publication.
  • The entries have to be unique, unpublished and an end result of the creator’s own efforts.
  • Plagiarism ought to be restricted to industrial commonplace of 15%.
  • The authors by submitting their entry could be deemed to have divested the copyright to LexLife India. However, all ethical rights shall stay with the creator(s).

Submission Procedure

  • All submissions are accepted on a rolling foundation.
  • The authors ought to ship e-mail to weblog[at]lexlife.in with particulars and attachments talked about in tips.
  • The topic of the e-mail ought to be “Blog Post Submission”.
  • We will reply relating to collection of submitted content material inside 7 working days. If there isn’t a response inside that point, it signifies that the content material couldn’t be chosen, and the authors are free to make use of it for some other function.

Contact Information

E-mail: weblog@lexlife.in, data@lexlife.in

Phone: +(91) 9873659859

Postal Address: LexLife India, 308, Aggarwal Tower, MLU Plaza, Plot No. 2, Sector 5, Dwarka, New Delhi (110075).

For the website link of lexlife click here

Call For Paper for Volume 21+ 20th  Research Paper Writing Competition (Live Publishing)

Indexing and Impact Factor Information [16 Indexing Databases]

The Journal is indexed at 16 Databases including, Google ScholarROADThe Directory of Open Access scholarly Resources by ISSN, Index Copernicus International, IFSIJCitefactor, Academic Resource Index-ResearchBib, IIJIF, RJI FACTOR, I2OR, IJIFACTOR INDEXING, IP INDEXING ISI, DRJI, SIS, ROOT INDEXING, SJIF.

Impact Factor: 6.242 Click here to check certificate

Manuscript Acceptance Rate: 40-50%

It gives us great pleasure in announcing that since 2017, the journal has received a great response from students from prestigious institutions all over the country contributing their research work to the journal. Their contribution to academia and the success of Supremo Amicus is duly acknowledged and appreciated.

We have published more than 1000+ Paper. You can visit  Previous Volumes this link to check the pattern of publication and the diversity of Author(s).

INSTRUCTIONS FOR PAPER SUBMISSION

The submission should be on any theme relating to Law.

  • The quality-based selected paper will be published in the form of E-Journal with International Serial Standard Number (ISSN).
  • Only full papers submitted on or before the deadline shall be considered for publication.
  • Authors are requested to adhere to following word limit:
    1. Long Articles:   4000-8000 words (excluding footnotes).
    2. Short Articles:  2000-4000 words (excluding footnotes).
    3. Case comment: 1500 words (excluding footnotes). 
    4. Book review: 1000 words (excluding footnotes). 
  • The articles must be in Times New Roman, Font Size 12, 1.5 line spacing, on an A4 sheet with 1” margin on all sides, to be sent in .doc/.docx format.
  • A uniform style of the citation must be strictly adhered to while submitting the paper.
  • The content of the articles should be original.

All manuscripts submitted shall accompany

  1. A cover letter with the  Name(s) of the Author(s), Institution/Affiliation, the Title of the  Manuscript and Contact Information including an Email Address and Mobile Number;
  2. Declaration/Copyright Form
  3. Complete Manuscript with abstract if any (Word file, (Abstract is optional)
  4. No name or any type of affiliation is to be mentioned on manuscript otherwise it will lead to disqualification
Event details (More precise information)

1. No need for prior registration or any kind of payment.

2. Directly submit your work with aforesaid documents, Your work will be reviewed, if selected for publication, you are required to pay requisites charges.

3. E-copy of Publication + E-Certificate(Certificate of Publication) + E-Certificate (Certificate of Participation in the 20th Research paper Writing Competition)+ if any prize in the competition.

The publication will be available online at this page.

4. After publication, your paper will be transferred to the 20th research paper writing competition (At no extra cost), prizes are mentioned,if your work is selected for any prizes, It will be issued along with ECertificate of Publication+ E-Certificate of Participation+E-Certificate of Merit.

No hardcopy of the Publication and certificate is to provided.

Schedule of Publication: Live Publishing

Date of commencement for Live Publishing: 10th September

Your work will be published and  Ecertificate of Publication+ E-Certificate of Participation in 20th Research paper Writing competition will be provided within 10 days of completion of requisite formalities.

Result of Competition: 20th October 2020

Rewards

  • First Prize (Best Research Paper): Gold Medal+Rs. 2500 Cash + 1 free publication + 1 free course +  E-Certificate Of Merit+E-Certificate of Publication+E-Certificate of participation+Internship opportunity with Supremo Amicus(Online)
  • Second Prize: Silver Medal +Rs 1500 cash +1 free publication + 1 free course+ E-Certificate Of Merit+E-Certificate of Publication+ E-Certificate of participation+Internship opportunity with Supremo Amicus(Online)
  • Third Prize: Bronze Medal+Rs 1100 Cash + E-Certificate of Merit+ E-Certificate of Publication+ E-Certificate of participation +Internship opportunity with Supremo Amicus(Online)

Top 10 entries will receive the consolation Prize (E-Certificate of Merit + E-Certificate of Publication+ E-Certificate of participation+50% off in next publication+50% off in one Course)

E-Certificate of Publication+ E-Certificate of participation+E-Copy of Publication(All author whose Work is Published)

The only Papers which are published by SUPREMO AMICUS in Volume 21 will be transferred for the 20th research paper writing competition.

Processing /Registration Fee

Paid by contributors whose work has been selected for publication will be notified by email.

Indian delegates : 

  1. Single authored paper: INR 1200
  2. Co-authored paper: INR 1600
  3. Author upto three : INR 2100

Note: No acknowledgment email will be provided. The Acceptance/Rejection email will be sent within 3-6 days. Kindly take follow-up only if you do not receive the results of review in 3-6 days.

How to Submit

All submissions must be sent to submission@supremoamicus.org and must be attached with a covering letter mentioning the name of the author, occupation, title of the submission, mobile phone number and contact address, for future reference.

The publication will be available on www.supremoamicus.org

Deadline

The submissions should reach us on or before 3rd October  2020

Contact

For Query Contact Below:

For updates, follow on FacebookYouTube, and LinkedIn.

The article has been written by Prithiv Raj Sahu, a student of KIIT School of Law, Bhubaneswar (4th year).

  • Article 352 of the Indian Constitution allows the President to declare emergency when he is satisfied that the security of India on any part of its territory is threatened by war, external aggression or armed rebellion.
  • Article 356 allows for declaration of a state emergency for a specific state when the President is satisfied that the government of a state cannot be carried on in accordance with the provisions of the Constitution.
  • Article 360 of the Indian Constitution provides for declaration of a financial emergency when the President is satisfied that the financial stability or credit of
    India or of any part of the territory thereof is threatened.

Under this constitutional framework, two laws provide the Centre and the states the statutory basis for acting against the Coronavirus. They are the Epidemic Diseases Act   (EDA) and the Disaster Management Act, 2005 (DMA). The case of the government perhaps is that these two laws arm it with sufficient powers and there is no necessity to fall back on the “emergency provisions” of the constitution. This warrants a closer examination of these two laws.

Epidemic Diseases Act, 1897

In 1896, Bombay (now Mumbai) faced a plague that killed thousands of people. Same as Coronavirus, very little was known about the disease at that time. It was said to be transmitted through bacteria and it was unknown from where this disease came. To restrict the mass movement and gathering of people, ‘The Epidemic Diseases Act’ was enacted on Feb. 4, 1897, which conferred the British Indian government powers to restrict people from gathering in large numbers. Even the Preamble (which provides for why this act been enacted) of this statute states as “better prevention of the spread of dangerous epidemic disease

Section 2(1) of this Act provides for special powers to the state if that State’s Government thinks that ordinary powers of the states are insufficient for curbing the impact of the dangerous epidemic disease, then the State Government can take any such measures and provide for regulations which it deems necessary to prevent and determine in what manner and by whom expenses incurred shall be defrayed.

Under Section 2(2) of the same act, the state government may also provide for regulation regarding the inspection of people entering within their state boundaries and if any person is suspected of the epidemic disease, the govt. may provide for temporary accommodation (in today’s case quarantining someone) if that person is suspected by the inspecting officer of being infected by the disease. Central Govt. may also provide for measures and prescribe for inspection of ship or vessel leaving or arriving at Indian ports.

Disaster Management Act, 2005

The DMA mandates setting up a three-tier Disaster Management Authority at the national, state and district level to formulate a disaster plan for its level.

Some of its relevant sections are:

  • Section 11(3) sets out the aspects of such a plan. It is to deal with measures to be taken in mitigation and to address preparedness and capacity.
  • Section 22(2) (h) permits the state authority/executive committee to give directions to government departments on actions to be taken in response to any threatening disaster.
  • Sections 24 and 34 empower the state executive committees and the district authority to control or restrict the movement of vehicular traffic or people from or within a vulnerable or affected area, and to take any measures that may be warranted by such a situation. Section 30 replicates this model for the district level.
  • Section 35 permits the Central government to take such measures as (a) coordinate work between the various authorities and government departments (b) deployment of forces and (c) other matters to secure “effective implementation”.
  • Section 36 creates a statutory responsibility on all Central government departments to comply with the directions of the national authority.
  • Section 51 sets an imprisonment term of one year (two years in the event of loss of lives) for persons obstructing discharge of functions by any government officer or employee.
  • Section 6 empowers the Central government to issue binding directions to authorities and state governments.

Section 144 CRPC

This section imposes power to executive magistrate to restrict particular or a group of persons residing in a particular area while visiting a certain place or area. Section 144 is there to dispose of urgent cases of nuisance or apprehended danger by a competent magistrate so empowered to take such actions.

Orders Passed during Corona Virus

It is the first time, in the history of independent India that the country has come to a complete standstill. The Prime Minister Modi’s May 24 address to the nation which announced a four-hour lead time for bringing the entire nation under ‘lockdown’, the National Disaster Management Authority (NDMA) issued social distancing guidelines on March 24 considering the “corona virus pandemic” as a “disaster” within the meaning of the DMA. The Union home secretary forwarded these lockdown guidelines to the states and Union Territories by an order of the same date.

The measures include the shutting of all non-essential government establishments, all commercial and private establishments, industries, transport by air, rail and road, hospitality services, educational institutions, places of worship, political gatherings, etc. Certain exceptions for medical staff, journalists, petrol pumps, essential stores, etc have been provided for. The district collectors are to be the “incident commanders” in each district who would also decide on who should be issued exception passes. Downstream, in several states, the competent authorities have issued orders under Section 144 of the Code of Criminal Procedure, 1973, prohibiting more than five people from assembling in public places.

Conclusion

A lockdown is a requirement for people to stay where they are, usually due to specific risks to themselves or to others if they can move freely. The term “stay-at-home” or “shelter-in-place” is often used for lockdowns that affect an area, rather than specific locations.  

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Picture credits to goodkarmaforngo.com

Introduction

The Foreign contribution regulation Act, 2010 (FCRA) was initially enacted with the primary purpose of regulating the inflow of foreign contributions and ensuring that the received foreign contributions are not utilized for purposes other than those specified under the legislation. All charitable organizations in India receiving foreign contributions come under the purview of this Act.

It’s objective is to regulate the acceptance and utilisation of FC/donations or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of FC/donations or foreign hospitality for any activities detrimental to the national interestand matters connected thereto.

FCRA

As mentioned above, FCRA applies to “Foreign Contributions” received from “Foreign Sources”. The definition of “Foreign Source” is a detailed and inclusive definition, with a common thread being that the entity that is the ‘source’ of the funds is established in a foreign territory. Additionally, “Foreign Contribution” is defined by FCRA as a donation, delivery or transfer made by a foreign source of:

  1. any article (unless given to an individual for personal use), the value of which ought not to exceed Rs. 25,000/-;
  2. currency, foreign or Indian, or
  3. foreign securities including all foreign debentures, bonds, shares, stocks and similar instruments of credit. Any income or interest generated from such contributions is also treated as a foreign contribution under the FCRA

Registration

The organizations having a definite cultural, economic, educational, religious or social programme are entitled to accept foreign contributions under the FCRA. Such contributions may be accepted only with the approval of the Government of India, through the Ministry of Home Affairs.

In order to be eligible to receive the foreign contributions, an organization may seek prior approval either each time the entity is to receive contributions or by obtaining a one-time long term registration, which is valid for a period of 5 years. In the latter case, the permission needs to be renewed by applying at least 6 months prior to the date of expiry of the said permission. It may be noted that while not stipulated in the FCRA, it is general practice that in order to be eligible to make a long-term application, the applicant needs to be in existence for a period of 3 years. Therefore, in the interim, it is often seen that organizations apply for the one-time permission, commonly referred to as “Prior Permission”.

Prior to applying for registration, it is important that organizations review the guidelines that are issued by the Ministry of Home Affairs, which often list out the ground for rejection of applications made to them.

Utilization of Funds

Upon obtaining registration/prior permission, the organization is required to open and maintain a bank account exclusively for the receipt and utilization of foreign contributions under FCRA. All transactions related to foreign contributions must be executed only from the aforesaid bank account. In addition, a separate set of accounts and records is required to be maintained, exclusively for foreign contributions received and utilized.

FCRA mandates that foreign contributions should be utilized only for the purpose for which they were received. It also imposes restrictions on the transfer of contributions. A person is prohibited from transferring contributions to any other person, unless such transferee is authorized to receive foreign contributions. Recently, the Ministry of Home Affairs placed Ford Foundation on its’ watch-list for transferring foreign contributions to organizations not registered under FCRA. The Ministry has in fact, suspended registrations granted to organizations and placed several organizations on its’ watch list for violating this norm which is clearly embodied in Section 7 of FCRA.

Reporting Requirements

One of the most important reporting requirements that is often overlooked by organizations, is the submission of annual returns. Every organization is required to submit the annual returns to the Central Government within 9 months from the closure of the relevant financial year. This return has to include the details of the contributions received, source and manner in which it was received, purpose for which it was received and the manner of usage of the contributions.

Given the recent actions taken by the Government against several charitable organizations, it is imperative that all organizations that receive foreign contributions review the FCRA norms and compliance requirements in detail and follow them meticulously to ensure that they do not run foul of the same and come under the scanner of the Government for non-compliance.

Controversies with FCRA 2010

A number of NGOs receiving foreign funding are seen by the India’s central government as involved in anti-development activism and hence posing a negative impact on the economic growth by two to three per cent. An Intelligence Bureau report titled ‘Impact of NGOs on Development,’ claims the NGOs and their international donors are also planning to target many fresh economic development projects.

  • It was alleged that “US based NGOs are financing the protests against Kundankulam Nuclear Power Plant. India’s Home ministry froze bank accounts of some NGOs  after it was found that they were diverting money received from their donors abroad into funding protests at the Kudankulam plant.  
  • The Union Home Ministry cancelled renewal of FCRA licences of Greenpeace India and two NGOs run by activist Teesta Setalvad who is the secretary of Citizens for Justice and Peace (CJP), an organisation formed for fighting for justice for the victims of communal violence in the state of Gujarat in 2002. 
  • In September 2015, MHA cancelled the FCRA registration of Greenpeace India, making impossible any foreign donation to Greenpeace India on the grounds of “prejudicially affecting the public interest and economic interest of the state”.

Conclusion

The FCRA Act, 2010 is an act of the Parliament of India, whose scope is to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto. 

FCRA 2010 was brought into force from such date as the Central Government (CG) may by notification in the Official Gazette appoint. Different dates may be appointed for bringing into force different provisions of FCRA 2010.

Considering the flow of funds into the country for purposes other than business, the Government has specified that acceptance of FC against national interest would not be permissible, requiring persons accepting FC to be subject to enhanced scrutiny. The measures include prior CG approval for accepting FC, registration and renewal, conditions for end use of FC and for transfer of FC to other persons etc.

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This article has been written by Nikhat Fatima pursuing law from Rizvi Law College

“Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition.”

~ Isaac Asimov

India is home to the largest child population in the world and thus making it the country’s greatest need to protect its future. The Constitution of India empowers the State to make special provisions for children and pledges Fundamental Rights to all children in the country. Directive Principles of State Policy precisely guide the State in securing the tender age of children from abuse and ensuring that children are given opportunities and facilities to develop in a healthy manner in conditions of freedom and dignity.

The juvenile justice system is a system of legislation that defines justice for juveniles in the Indian Constitution. This system provides justice and protection to juvenile delinquency. Juvenile delinquency means a crime committed by youth under the age of 18. The Parliament of India amidst intense controversies and debates in 2015 passed the Juvenile Justice (Care and Protection of Children) Act. The Juvenile Justice system contemplates the legal response with respect to two categories of children, namely those who are ‘ in conflict with the law (an individual under the age of 18 years who is accused of committing an offense); and those ‘in need of care and protection’ (children from deprived and marginalized sections of society as well as those with different needs and vulnerabilities).

Juvenile Justice Act, 2015

The said Act came into force from 15th January 2016 and replaced the Juvenile Delinquency Law and the Juvenile Care and Protection Act 2000 and 2006. The reason behind the introduction of this act in the parliament was the Delhi Rape Case of 2012 also known as the Nirbhaya Rape Case. One of the accused in the said case was alleged to be a juvenile and hence the Supreme Court directed the Juvenile Justice Board to take any action in the best interest of the juvenile as per the law. Thereafter the Juvenile Justice Department sentenced the child to be sent to a reform home for 3years. This led to an enormous amount of criticism by the masses and the family of the victim contending that by not sentencing the juvenile as an adult the judiciary is giving a clear pass for other teenagers to perpetrate such crimes in the near future. The government thereafter introduced the Juvenile Justice Bill in August 2014 in Lok Sabha citing several reasons to justify the need for a new law.

The Aim and Objective of the Act:

The provisions of this Act shall pertain to all the matters concerning ‘Children in Need of Care and Protection’ and ‘Children in Conflict with Law’, including,

  1. Procedures and decisions or orders relating to rehabilitation, adoption, reintegration, and restoration of children in need of care and protection;
  2. Apprehension, detention, prosecution, penalty or imprisonment, rehabilitation, and social integration of children in conflict with the law; in a child-friendly manner.

The Act aims at adjudicating, litigating, and disposing of cases dealing with juveniles keeping in mind “the welfare of children and rehabilitation”.

Primary Amendments in the Juvenile Justice Act 2015:

The Act of 2015 provides that the children between the 16 to18 age group be tried as adults for heinous crimes.  The three types of offenses defined by the new Act are:

  1. heinous offense- an offense that attracts a minimum penalty of seven years imprisonment under any existing law,
  2. serious offense- an offense that attracts imprisonment between three to seven years and,
  3. petty offense- that attracts imprisonment with up to three years.

Section 15 of the Act provides child above the age of sixteen years as on the date of commission of an offense shall be prosecuted as an adult, but in order to do that the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offense, ability to understand the consequences of the offense and the circumstances in which he allegedly committed the offense, accordingly on the basis of his assessment, the Board shall determine whether the child is fit to be tried as a child or there is a need for a trial of the said child as an adult by the Children’s Court having jurisdiction to try such offenses.

The Act while dealing with the children in need of care and protection under Section 31 has stipulated that when a child is found to be an orphan, abandoned or surrendered or in any other susceptible state he shall be brought before a Child Welfare Committee within 24 hours, excluding the time necessary for the journey. A Social Investigation Report is prepared for the child, and the Committee authorizes to either send the child to a Child Care Institution or any other facility it deems fit or to proclaim the child legally free for adoption or foster care.

Penalties for perpetrating offenses against children:

The Juvenile Justice Act lays down numerous penalties with regard to a crime committed against a child. These comprise the penalty for giving a child an intoxicating substance, selling or buying of a child, cruelty against a child, employment of a child for begging, sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child by militant groups, offenses against disabled children and, kidnapping and abduction of children.

Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed. Further, any official, who does not report an abandoned or orphaned child within 24 hours, is liable to imprisonment up to six months or a fine of Rs 10,000 or both. The penalty for non-registration of child care institutions is imprisonment up to one year or a fine of one lakh rupees or both and the penalty for giving a child intoxicating liquor, narcotic or psychotropic substances is imprisonment up to seven years or a fine of one lakh rupees or both.

For the effective implementation of these provisions, JJ Model Rules, 2016 provides for child-friendly procedures for reporting, recording, and trial.

Conclusion

Children in conflict with law belong to one of the most vulnerable sections of children in India. Rule of law and access to justice are the basic requirements for a country’s development and is as imperative for the reduction of social differences as the provision of basic services such as proper health and education systems. However, it has been recognized that children, when dependent on the same justice mechanism as adults may find themselves further victimized by the system itself. It is this recognition that has led to the development of a separate child justice system or the juvenile justice system in many parts of the world. The juvenile justice system is not as adequate as it looks, to make a law, and to implement it are two different things. This is vital for the authorities involved in the juvenile justice system to construct significant partnerships with civil society. Non-Governmental Organizations (NGO’s) have the capacity to provide community-based life-skills programs, ‘group counseling’, community work opportunities, and open ‘custody group homes’ for children in conflict with the law. Voluntary sector organizations can thus help the governmental agencies to engineer a substantial shift towards non-custodial alternatives for corrective measures involving juveniles making the law a whole with regards to its functioning.

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