Month: June 2021

NATIONAL WORKSHOP ON “CV BUILDING FOR JOBS & INTERNSHIPS” BY LEGAL FINISHING SCHOOL & JLSR JOURNAL ( 5th June-6th June, 2021): REGISTER NOW!!

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Bored of Archaic Workshops/Courses?

We have come up with unique and interesting workshop on “CV Building for Jobs and Internship”. You would learn the following important topics in two days of extensive sessions and also get a hands on experience of making your CV on the Spot, Understand Internship & Job Specific Cover Letters, Tips on getting Recommendation Letters and optimizing your Internships overall by our expert speaker- Tanmay Agrawal, Assistant Professor, Jagran Lakecity University Bhopal.

WORKSHOP DETAILS

Theme : 

CV Building for Jobs & Internships

Dates : 

5th June, 2021- 6th June, 2021

Duration : 

2 hours per day including Interactive session and Q&A round.

Speaker: 

Mr. Tanmay Agrawal, Asst. Professor of Law at Jagran Lakecity University, Bhopal & PhD Scholar (Law and AI).

Tanmay Agrawal is an Assistant Professor of law at Jagran Lakecity University, Bhopal and is now pursuing PhD in ‘Artificial Intelligence and Intellectual property law’. He had earlier done BBA-LLB from National Law University, Odisha and LLM from Gujarat National Law University, Gandhinagar submitting his dissertation on ‘Character Copyrighting in the Entertainment Industry’. He has various research publications to his credit and has attended over 30 National and International conferences. He has been invited to adjudicate moot court/ client counselling competitions. Apart from he had been an youth legal advisor and Indian delegate at Conferences working on United Nation’s Sustainable Development Goals and had been an awardee at World Youth Summit.

TOPICS COVERED

  • Everything about impressive Curriculum Vitae.
  • Internship & Job Specific Cover Letters
  • Step by step specifications & Heads.
  • Interactive session for On spot CV Building.
  • Ideal CV & Cover letter Samples
  • Tips on getting Recommendation Letters.
  • Optimizing Internships for Career.

PERKS OF ATTENDING THE WORKSHOP

  • Material prepared by the speaker.
  • Discounted publication opportunities.
  • Discounts in online courses.
  • Certificate of participation for all.

REGISTRATION & PAYMENT DETAILS

Registration Form: https://forms.gle/tK3HreNZWn2mpfWVA

Early Bird Fee [Till May 20th, 2021]: 

200/- only  [Till May 20th, 2021]

300/- [After May 20th, 2021]

G-Pay/Paytm/Phonepe at 7660899180

Note : Enrollers will be added to whatsapp group within 24 hours once enrolled

CONTACT INFO

In case of any query or clarification regarding course feel free to contact-

LegalFinishing@gmail.com

jflsrjournal@gmail.com

Mobile (WhatsApp Only) : 9136804644

Towards accessible and application based legal education and overall Mentorship for law students across India.

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कलाम की खोज “An online Quiz Contest in the memory of Dr.APJ Abdul Kalam” 2ND NATIONAL ONLINE QUIZ COMPETITION ON GENERAL KNOWLEDGE BY LAWTANTRA: REGISTR BY 26 JULY 2021

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About the quiz competition

We have introduced a Quiz competition in memory of Dr. APJ Abdul Kalam on his death anniversary. 

Do you have what it takes to be the best among them? The basis of General awareness, so are you aware enough to participate in the second series Online Quiz Competition to be organized by Lawtantra called (कलाम की खोज़…). 

Unlocking knowledge with the speed of thought, we announce its 2nd series of Online Quiz Competition being conducted. (Participation certificate for all).

Dates 

  • The last date for registration with the fee is 26h July 2021. 
  • Quiz Timing will be shared soon. 

Eligibility

Open for All who have a passion for quizzes. School & Collage Students as well as other professionals.

Prizes

  • The winner will be awarded a Cash Prize of ₹800/-, Certificate of excellence + Summer Internship Opportunity
  • Runner-up will be awarded Cash Prize of ₹500/-, Certificate of excellence + Summer Internship Opportunity. 
  • 3rd will be awarded a cash prize of 300, certificate of excellence + internship at Summer Internship Opportunity
  • The next 10 following best candidate will be awarded Certificate of Merit Summer Internship Opportunity
  • An E-certificate of participation will be given to every participant.

 Important Guidelines

  • Format of Quiz: Quiz shall take place online, a paper will include: Multiple Choice Questions, 
  • The participant can give this exam from their home or hostel with the use of a Laptop or Mobile Phone.
  • Rules & Regulations
  • The quiz shall have 50 questions.
  • The time will be of 20 minutes.
  • Every question carries 01 marks; there will be no negative marking.
  • The results declared would be final and the authority vests with Lawtantra to change or modify the same.
  • Registration & Participation Procedure

To register, click here.

Candidates are required to register and pay the required amount. Successfully registered participants will be provided with important guidelines and details to participate in the quiz.

Registration Fee

A nominal fee of Rs. 50/- for Individual Is applicable for registration for each quiz. If 5 students registering together one student’s fee will wave off (when 5 registering together fee will be 200 instead of 250).  

Contact Information 

Visit: www.lawtantra.org

E-mail: lawtantra@gmail.com, info@lawtantra.org

For General Queries: +91 82870 89264, +91 84679 29539

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Motive, Preparation and Previous or Subsequent Conduct in Criminal Cases

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I am Saba Banu, a 3rd-year law student from Pendekanti Law College, Hyderabad. In this article, we will try to discuss the essence of motive, preparation in criminal cases.

INTRODUCTION

Under Criminal law, the main propaganda for committing a crime would be the intention. Motive is not a basis for criminal liability. Criminal law takes under consideration only a man’s intention and not his motive. A good motive will not render lawful what is in fact a crime. A motive is that which makes a man do any particular act. It is an encouragement to do an act. Motive is the ground for action. Motive is relevant in criminal cases, absence of motive doesn’t change much of the consequences of the criminal act. Preparation is an unorganized act. It means an act of making arrangements for committing a crime. The preparation itself does not amount to crime unless and until any big act is going to be committed. This article talks about the significance of motive, preparation, previous or subsequent conduct in criminal cases. Whenever, the offender before the commission of crime has a motive in his mind, following that preparation. The conduct of the offender is the same as that of circumstantial evidence. Section 8 of the Evidence Act, emphasizes the importance of motive, preparation, and previous and subsequent conduct which the court has to take into consideration before the conviction of an offender. 

Importance of Motive  

Section 8 in-depth explains about motive, preparation. Whenever any act is done, it is done with the motive. Every act has a motive behind it, and it will be very difficult to find out the motive behind the act, and without motive, it would be difficult to find out the act. It is the motive for which the act is being committed. It is difficult to find out and many courts have solved the cases based on motive and correlating it to the facts and circumstances of the case. The key role is that motive is the desire to commit a crime in a manner he/she wants to do it. Motive is the key in determining the outcome of criminal cases. In criminal cases, it is very important to consider the facts depending upon the motive. Motive acquires great impact when there is no direct evidence, and comes into play solely when the circumstantial evidence is in existence. In other words, we can say that motive is the emotion that induces a man to do something and such inducement need not be any grave injury proportionally. A thing to be noted here is that motive is different from intention, intention refers to immediate consequences.

Importance of Preparation

For a crime to be committed preparation is the initial step and it includes all the necessary means which are required to the commission of an offence. The preparation itself doesn’t amount to offence unless and until it is executed. In certain cases, the preparation itself can be punishable. Section 122 of IPC punishes for collecting arms, with the intention to wage a war against the Government. Similarly, section 399 of IPC, punishes a person for preparation to commit dacoity. The preparation itself is not punishable, unless and until the offender takes a step forward to commit or attempt against the commission of a crime. 

Conduct

While observing the facts and circumstances of the case, it is the decision of the court to observe and draw a conclusion on both previous and subsequent conduct of the accused regarding innocence. By the clear and depth observation court draws its own logical inference by taking both the conducts into the picture carefully. Hence, the role of conduct can never be underestimated by the court in deciding the conviction or acquittal of the accused. It is important because the previous conduct throws an impact on the innocence or guilt of the accused, whereas in subsequent conduct it depends upon determining the innocence and guilt. So it is the ultimate duty of the court to observe both i.e. previous and subsequent conduct of the accused for drawing conclusions.

Can a Criminal Act be Presumed without Motive

Now the question is, can a criminal act be presumed without motive, the answer to this question is that a criminal act can be presumed even if the motive is not proved, if any other circumstances of the crime are proved. Therefore, the mere essence of motive is not mandatory to prove the criminal act. In landmark case Natha Singh v Emperor, the motive for commission of the crime of Kamali Singh by accused was deceased and knew earlier that the accused murdered Bhan Singh, the deceased was extorting money from Natha Singh and blackmailing by disclosing it to police. By observing the facts, we can clearly say that the previous murder by Natha Singh proved the motive of the offence, the Supreme Court held it categorically. Therefore, when there is clear proof of guilt, proof of motive hardly matters in that case.

Whose Conduct is taken into Consideration

In Sardul Singh v State of Bombay, it was held that it must be borne in the mind itself the conduct of the party alone and it is only admissible. The conduct of a person who is not a party to the suit is not admissible. The accused can be held admissible other than that, every person is held inadmissible. Hence, parties to the case are only held admissible.

CONCLUSION 

The measure of motive, preparation, previous conduct and subsequent conduct plays an important role in committing a crime and they are explained adequately. With the effect of Section 8 of the Indian Evidence Act, the courts should take account of all of the elaborated terms. As the role of motive is not that essential, but it is not negligible and courts should take account and evaluate based on the facts and circumstances of the case before concluding. One or the other plays a key role in the commission of the crime, it is not possible that all the three are absent at a time, it plays an important role in the commission of a crime. It all depends upon the facts and circumstances of the case. But in certain cases, where the guilt is proved but the motive is not proved, still, the person will be accused and the person may be convicted. When a case is based on circumstantial evidence, then it is said that the evidence is not clear. It is thus necessary to ensure that each of these parts has been separately dealt upon and efforts have been made to establish their interrelation along with their significance as being relevant under the Act.

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M/s. Haridas Exports versus All India Float Glass Mfrs. Association & others

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This Case Brief is written by K. Lasya Charitha pursuing BA LLB in Damodaram Sanjivayya National Law University, Visakhapatnam.

Case Number

Civil Appeal No. 2330 of 2000

Equivalent Citation

AIR 2002 SC 2728, 2002 (82) ECC 683, JT 2002( 5) SC 253

Bench

Hon’ble  Former Chief Justice of India B.N. Kirpal, Hon’ble Justice Y.K. Sabharwal and Hon’ble Justice K.G. Balakrishnan, JJ.

Decided on

22nd July 2002.

Relevant Act/ Section

Monopolies and Restrictive Trade Practices Act, 1969- Sections 1(2), 2(e), 2(o), 2(u), 12, 14. 33, 35, 37 

Customs Tariffs Act, 1975- Section 9

Brief Facts and Procedural History

On 10/09/1998, the defendant filed a lawsuit with the Monopolies and Restrictive Trade Practices Commission under Section 33 (1) (j), (ja) and Section 36A and Section 2 (o) of the Monopolies and Restrictive Trade Practices Act (MRTP) and sued three Indonesian companies that claimed that they produced float glass and sold it at predatory prices in India, reintroducing restrictive and unfair business practices. The Appellant, which is the Indian Exporter of float glass from Indonesia, contradicted that the accused was a cartel of an Indian float glass manufacturer, who actually exported from India at a price lower than the production cost in India. The MRTP Commission approved the application and prevented Indonesian companies from exporting float glass products to India at predatory prices. Therefore, the aggrieved appellant filed an appeal with the Supreme Court of India.

Issues before the Court

  1. Whether the MRTP Act has extra-territorial operations?
  2. Whether the principle of “effects doctrine” has its application in India?
  3. Whether the Anti-Dumping provision ousts the jurisdiction of the MRTP commission?
  4. Whether an agreement to import from Indonesia to India at a predatory price need to be registered under Section 33 (1) (j) of the Act?

Ratio of the Case

With regards to the first issue, sections 1(2), 2(e), and section 14 together make it clear that the Act has no extraterritorial operation. In addition, Explanation I to Section 35 confirms this principle. With regards to the second issue, if any restrictive trade practice as a consequence of outside agreement is carried out in India then the Commission shall have jurisdiction under section 37(1) of the Act if it concludes that the same is prejudicial to the public interest. Even if the transaction takes place outside of India, if the consequences of the transaction lead to restrictive trade practices in Indian, the “effects doctrine” will allow the MRTP Commission with jurisdiction to approve the appropriate order. With regards to the third issue, the jurisdiction of the MRTP commission is not ousted by the Anti-Dumping provisions in the Customs Act. The two acts deal with totally different fields and have different purposes. Regarding the fourth question, judging from the facts of this case, there is no fact of predatory pricing. In this case at hand, Indian monopolies’ undertakings seem to have faced competition. The reduction in the prices of Indian importers is to benefit the Indian buyers. Therefore, importing materials at lower prices than prevailing in India cannot be considered harmful and being prejudicial to the public interest. 

Decision of the Court

Thus, in this case, the Honourable Supreme Court of India allowed the appeal by setting aside the order i.e., restrained the Indonesian companies from exporting to India is given by the MRTP Commission that the MRTP has no extraterritorial jurisdiction and that the jurisdiction of MRTP commission is not ousted by the Anti-Dumping provisions in the Customs Act and both are for different purposes and also that reduction of the price is beneficial and public interest.

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Internship Opportunity: Legal Internship at Frihbi Enterprises Private Limited, Hydrabad: Applications Open!

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About Frihbi Enterprises Private Limited

Frihbi Enterprises Private Limited is a Hyderabad-based e-commerce start-up. At Frihbi we intend to connect sellers and buyers in a never-seen manner by providing a risk-free operating environment for our sellers and a reward-based shopping experience for our buyers. Our vision is to enable every household to be a business household. Our mission is to spread over all of urban India. Our values include a fair operating market, the fair practice of business, and spreading branding awareness.

About the Internship:

Selected Intern’s Day-to-day Responsibilities Include

  • Help our start-up with legalities
  • Research on patents and copyrights
  • Engage in content writing on the given topics related to law
  • Negotiate and finalize contracts
  • are Available For Full Time (in-office) Internship
  • have Relevant Skills And Interests
  • can Start The Internship Between 30th May’21 And 4th Jul’21
  • are Available For Duration Of 2 Months
  • have Already Graduated Or Are Currently In Any Year Of Study
  • females Willing To Start/restart Their Career May Also Apply

Official Notification:

https://www.linkedin.com/jobs/view/2574664988/

How to apply?

https://www.yuvajobs.com/jobs-vacancy-law-legal-internship-in-hyderabad-at-frihbi-enterprises-private-limited-frihbi-enterprises-private-limited-9534656.html

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Internship Opportunity: Legal intern Techolution , Hyderabad: Applications Open!

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About the job

Title: Legal Intern

Location: Hyderabad, India

Experience: 0-1 years

Techolution is looking for a Legal Intern to join our team in India. As a Legal Intern, you will be part of the legal team and the role will involve drafting and reviewing agreements. You will be responsible for providing legal advice. Also responsible for other general law functions and advice within the company.

Responsibilities:

  • Reviewing commercial agreement, drafting, and contract management.
  • Draft contracts to document routine business transactions.
  • Focuses on drafting key legal provisions to manage risk for Techolution’s Businesses and Functions.
  • Requires strong, timely communication skills for communication conducted almost entirely in English.
  • Analyze and interpret local laws and regulations in connection with contract requests to ensure compliance.
  • Exhibit a high degree of initiative in managing a fast-paced, deadline-driven, detail-oriented work environment.
  • Must be proactive and be able to work independently with minimum guidance

Skills Required:

  • Education: Law degree preferred
  • Proven experience with Contracts Negotiation.
  • Ability to articulate key questions and drive conversations centered on the risk and legal aspect of Business/Function in the company.
  • Collaborate with Legal team to draft Agreements & Statements
  • Self-starter that doesn’t need to be told what and how to solve a problem ∙ Ability to multi task under time sensitive environments and meet deadlines ∙
  • Should be a team player, communicator and facilitator and enjoy working with others to solve complex problems

About Techolution

Techolution is a high-tech consulting company on a mission to accelerate digital transformation for our clients across the globe. We are a very successful start-up that is small enough to care and large enough to be trusted by some of the top brands in the world such as Apple, JPMC, DBS Bank, NBC, Stryker, JCrew, etc. Techolution specializes in UI Modernization, Cloud Transformation, Internet of Things, Big Data & Artificial Intelligence. As a testament to the power of HVPD, we have developed a wealth of world class products, owned by Techolution, in the space of Virtual Reality, Facial Recognition, Smart Water Monitoring and many more cutting edge digital products in the pipeline.

Techolution currently serves clients across the United States with our headquarters in the heart of downtown New York City. We recently opened “Techolution City” in India as our offshore development center as a living and breathing lab for our IoT Smart City products. Techolution also serves APAC stormers from our Singapore office and the Mauritius office supports our initiatives on the African content.

Official Notification:

https://www.linkedin.com/jobs/view/2561550684/

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Job Opportunity: Legal Associate – Banking & Finance Fair & Just Legal Solutions LLP, Noida: Applications Open!

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About the job

Requirement of Legal Associates !

We, Fair & Just Legal Solutions LLP, a corporate law firm based out of Noida, require 1 (One) Legal Associates for our Banking & Finance team.

Qualification:

  • LL.B. from reputed university (CS qualification will be an added advantage);
  • A candidate must be having working experience in a reputed law firm and must have good communication and negotiation skills;
  • A candidate must have experience in handling banking and finance matters including NCLT / NCLAT matters.

Job Profile:

  1. Drafting and review of project finance documents / loan documents such as loan agreement, mortgage deed, hypothecation deed, trust and retention account / escrow agreement etc.;
  2. Preparation of opinion on Companies Act, 2013, FEMA, SARFAESI, IBC and other banking and commercial laws;
  3. Drafting and review of notices, application / petition, appeal etc. to be filed with the Hon’ble National Company Law Tribunal (NCLT) / National Company Law Appellate Tribunal (NCLAT);
  4. Preparation of reply to legal notices and drafting of reply and rejoinder to be filed with the Hon’ble NCLT and NCLAT;
  5. Advising on the corporate insolvency resolution process / liquidation process under IBC;
  6. Reviewing resolution plans for the companies under CIRP; and
  7. Appearance before the NCLT / NCLAT / RERA / RERA Appellate Tribunal, from time to time.

Required Experience (Legal Associate – Litigation):

4 – 5 years (PQE) in a law firm.

How to Apply?

Any person interested may send his CV at sharad.tyagi@fjls.in

Please mention your current and expected CTC in the covering letter to be sent.

Official Notification:

https://www.linkedin.com/jobs/view/1702426426/?refId=%C2%82F%C2%9B%1F%C3%BA0%C2%9C%C3%AB%C3%AB%7C%C2%88%C3%A7%C2%B9%C3%9F%C2%85D&trackingId=U%2BdwN9a1nYtD%2BgjH4CflPg%3D%3D&midToken=AQFTUldLymjkcQ&midSig=3ld1mFTfycHVM1&trk=eml-email_jobs_viewed_job_reminder_01-similar_jobs-56-similar%7Ejob%7Etitle%7Emercado&trkEmail=eml-email_jobs_viewed_job_reminder_01-similar_jobs-56-similar%7Ejob%7Etitle%7Emercado-null-d83xhd%7Ekph99zje%7Enu-null-jobs%7Eview

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Job Opportunity: Associate – Legal Elevate, Palwal, Haryana: Application Open!

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About the job

Help us shape the future. Elevate is changing the way legal support services are delivered and we are looking for creative, innovative people who can help. If you are a client-focused professional who wants your creative and innovative ideas to make a difference, Elevate’s team of legal service experts could be the right fit for you.

Responsibilities & Qualifications

Specifically, you will

  • Review contracts
  • Extract the metadata terms from contracts
  • Process contracts via CLM system
  • Ensure quality of work as per required parameters
  • Responsible for doing First level review of Contract documents and QC
  • Assess own performance and take accountability for own actions
  • Communicate effectively with other team members

Experience

  • 1 to 2 years of experience in the legal domain with at least 1 plus of experience in reviewing and abstracting commercial contracts
  • Experience working in a growing, fast-paced organization with a dynamic environment legal process outsourcing experience preferred
  • Excellent track record in previous client support/customer service engagements
  • Experience working directly with a US or UK client
  • Experienced in Microsoft Products like Excel, Word, PowerPoint, SharePoint
  • Experienced in contract management software, i.e. Ariba, Icertis etc.

Skills

  • Proven ability to work in a client-centric, deadline driven environment
  • Have excellent customer service skills with a keen eye for detail and commitment to quality
  • Ability to effectively communicate
  • Ability to analyze and organize work for maximum efficiency
  • Excellent interpersonal skills, focused on supporting your client’s needs
  • Ability to present well on the phone and in virtual conference calls
  • Understand how to make processes more efficient

Qualifications

  • LL.B. (LL.M. is a plus)

Company Information

Elevate is the Law Company . We provide consulting, technology and services to law departments and law firms. The company’s legal, business and technology professionals extend and enable the resources and capabilities of customers worldwide. Elevate’s achievements and distinctions include:

  • Winner of the American Lawyer Industry Awards Best Alternative Legal Services Provider of the Year 2019
  • Winner of British Legal Awards Alternative Service Provider of the Year 2019
  • Winner of the IACCM Innovation and Excellence Awards 2019 – Outstanding Service Provider (Americas and Global)
  • Ranked as a Top Global Services Provider by Chambers & Partners five years in a row

Learn more at https://elevateservices.com

Follow us on social media

https://www.linkedin.com/company/elevate-services

Official Notification:

https://www.linkedin.com/jobs/view/2579200262/?refId=%C2%82F%C2%9B%1F%C3%BA0%C2%9C%C3%AB%C3%AB%7C%C2%88%C3%A7%C2%B9%C3%9F%C2%85D&trackingId=m7FVGXxKVqOUDZlKYKgVsQ%3D%3D&midToken=AQFTUldLymjkcQ&midSig=3ld1mFTfycHVM1&trk=eml-email_jobs_viewed_job_reminder_01-similar_jobs-55-similar%7Ejob%7Etitle%7Emercado&trkEmail=eml-email_jobs_viewed_job_reminder_01-similar_jobs-55-similar%7Ejob%7Etitle%7Emercado-null-d83xhd%7Ekph99zje%7Enu-null-jobs%7Eview

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Rights of Victim under Criminal Justice System in India

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This article is written by Aayukta Sharma, a law student at NIMS University Rajasthan, Jaipur. This article gives an overview of the background and history of victims with today’s circumstances to evaluate the relationship between the victims and the criminal justice system in India. It also includes the rights given to the victims in the Indian criminal justice system.

Introduction

The Ancient period was the golden age for victims of crime. The relationship between crime victims and criminal justice was very unique as the victims could ask for justice as per their wish. The system of retributive justice was present at that time which would mean an “eye for an eye” treatment provided to the victims. However, it had some kinds of elements of restorative justice because the perpetrator undoes the harm done to the victim. [i]

Criminal Justice System from the Ancient Period to Later Middle Age

During the Middle Ages, we can see the influence of the Anglo-Saxon period. During this time the crime was treated as a matter of private revenge. The entry of social leader (e.g., king) was noticed and it was no more the victim alone was given all sorts of rights during this time. But there was also a third party who would be deciding that what sort of punishment or compensation should be provided to the victim. The ultimate decision was taken by the state or the king/leader. The system fines were introduced during this period which went to the state which was paid by the accused with the amount of compensation that went to the victim.

In the later Middle Ages, the crime was considered as social harm and the state assumed complete responsibility. So, the state was considered the main victim. Crime victims were just “pieces of evidence”. It is considered the dark age for victimology.

Background of Rights of Victims Under the Criminal Justice System

The General Assembly of the United Nations adopted the declaration of basic principles of Justice for Victims of Crime and Abuse of Power at its 96th plenary on November 29, 1985. The Declaration constituted an important recognition to set the norms and minimum standards in international law for the protection of victims of crime and also for the rights of victims of crime – access to justice and fair treatment, restitution, compensation, and assistance.[ii] It also observes relevant judicial dicta that have sought to address the needs of victims of crime. The victim of the crime is the person who initiates the criminal justice system by informing the police about the crime, crime scene, accused, and suspects and the officer in charge is duty-bound to register the complaint[iii]free of cost[iv] and also provide a copy of the FIR free of cost. If the officer in charge refuses to register the written complaint, the victim can write to the Superintendent of Police.[v] In case he also refuses or is not entertaining the matter, the victim can file a complaint to the magistrate.[vi] The victim thereafter only participates in the investigation when he is called to confirm the accused’s identity.[vii]

The criminal justice system is responsible for looking after the needs of the victims of rape and other violent crime against women has always been predictable and inadequate.  The place of the victims who are women or children. In imposing the punishments[viii] and shifting burden of proof [ix] the law has failed to address the need of the victim to be treated with dignity, protection from intimidation, to readily access the justice procedure to legal aid and rehabilitation.

It is the right of the victim to get compensation under the criminal procedure code 1898 but it is substantively available to the extent of the fine received by the offender according to the fine specified in the Indian penal code 1860

Victimology and Criminology

Criminology is a broader term where victimology is a part of criminology. Victimology consists of victims, crime victims, victim rights, victim precipitation, etc.[x] The term victimology academically consists of two words – “Victim” and “ology”. It means the psychological study of the victims of crime and the main objective is to restore their mental, physical, psychological, emotional, and financial status as it was before the occurrence of the accident with them. Whereas criminology focuses on the punishment of the criminals and prevents the crime before happening.

Victimology vs Victimization

There is a great misunderstanding between both the words, “Victimology” and “Victimization”. Victimization is the outcome of deliberately taken actions by a person or institution to exploit or harm another. Victimology is the study of Victimization[xi]. The harm includes emotional, psychological, physical damage, economic loss, or sexual injury.[xii]

Victim’s Rights

Victims have very few legal rights as compared to criminals or accused of crimes in the criminal justice system. Victims do not have any right to be notified about the trials, court proceedings, or arrest of the defendant but they have the right to be informed, heard, and present within the criminal justice system. The victim assistance program is virtually non-existent. The core rights of the victim are-

  • Right to apply for compensation
  • Right to a speedy trial
  • Right to attend the criminal proceedings in court
  • Right to protection against harassment and intimidation.
  • Right to prompt return of personal property seized as evidence

Other rights given to the victims by the constitution are-

  • Right to attend the trial and proceeding
  • Right to be treated with fairness, dignity, and respect
  • Be informed of the proceeding and events such as the release of the defendant
  • Be awarded restitution from a convicted offender.
  • Be heard at critical points in the criminal justice system such as sentencing or parole hearings.

Judicial Activism – Landmark Judgments for Victims of Crime

  • The National Human Rights Commission V State of Gujrat 2009[xiii]

The Necessity for considering victim’s rights

  • Alister Antony Pareira v State of Maharashtra 2012[xiv]

Significance of no contract order

  • Delhi Domestic Working Women’s Forum v Union of India[xv]

Legal representatives of direct victims & all sorts of aid to the victims

  • State of Punjab v Gurmit Singh 2002[xvi]

The Necessity for in-camera proceedings

  • Balasaheb Ranganath v state of Maharashtra[xvii] 

Victim’s right to appeal

Conclusion

Over the last two decades, the victims have taken a much more prominent place in the criminal justice system. From the golden age of victims in the ancient era to the current era, Victims struggle a lot to gain their rights within the system. The victims also get defamed and end up in subjugation and are unable to cope with the circumstances or crimes they’ve witnessed even after the punishment to the criminal and compensation to the victim. 

References

[i] http://www.legalservicesindia.com/article/1391/The-Legal-system-in-ancient-India.html

[ii] Clause 4 and 5 of the UN Declaration

[iii] S. 154(1) of Cr. PC. 1973 – Registered as the first information report (FIR)

[iv] S. 154(2) of Cr. PC. 1973

[v] S. 154(3) of Cr. PC. 1973

[vi] S. 190 of Cr. PC. 1973

[vii] S. 9 of Evidence Act 1872 – the evidence gathered by some means of test identification parade is relevant and admissible.

[viii] S.376(2) IPC 1860 – Punishment of rape

[ix] S. 114 A, Evidence Act 1872 -presumption as to the absence of consent where the women raped says that she did not give her consent.

[x] https://www.jusdicere.in/crime-victims-and-victimology/

[xi] https://en.wikipedia.org/wiki/Victimology

[xii] http://www.legalservicesindia.com/article/1349/Victims,-victimization-and-victimology.html

[xiii] National Human Rights Commission vs State of Gujarat & Ors on 1 May, 2009

[xiv] Alister Antony Pareira v State of Maharashtra on 12 January 2012

[xv] Delhi Domestic Working Women’s Forum v Union of India 1995 SCC (1) 14, JT 1994 (7) 183

[xvi] State of Punjab v Gurmit Singh 2002 CriLJ 3210

[xvii] Balasaheb Ranganath v state of Maharashtra on 19 December 2017

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Righteous and Sinful Implications of Censorship in Media

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This article is written by Prateek Chandgothia, a 1st-year law student at Rajiv Gandhi National Institute of Law, Punjab. This article discusses the nuasances of censoring media due to the current circumstances prevailing in India.

In this electronic age with breakthroughs being achieved in the IT sector, media has been revolutionized and various modes of transmission of digital contents have been adopted. These include print media, television news channels, YouTube channels of news establishments, original movies, and web series on various OTT platforms like Prime Video, Netflix, etc. Social media has been transformed into another mode of digital content transmission. After the popular Digital India campaign, the Covid-19 pandemic has furthered this online transition of digital content in India. Liberalization of internet service providers and increased access to the internet in the post-jio era has also facilitated this transition. 

This online transition comes with a very substantial question of regulation, which is ‘censorship of media’. A recent event that transpired along the lines of censorship was an Amazon Prime original series named ‘Tandav’ which received backlash concerning one of its scenes which involved the 2 Hindu deities namely Lord Shiva worrying about the increasing popularity of Lord Ram.[ii] FIRs were registered across various states under the charge of hurting the sentiments of a particular community. The interpretation of the particular scene, although subjective, was censored and removed from the aired web series after instances of extreme backlash based on communal lines. Similar instances have been witnessed in cases of Padmavat[iii] and the advertisement of Tanishq jewelry[iv] which led to large-scale backlash based on communal lines. These events have sparked a public debate concerning the ‘censorship of media’.

Based on the above events, one might perceive censorship as a negative concept in contravention of the fundamental right of speech and expression. However, there have been proponents throughout history, who argued in favor of censorship which includes philosophers like Plato and Joel Fienberg. While Plato propagated censorship as a tool to protect children from ‘evil’ influences and to protect society, Fienberg propagated it as a weapon against bigotry. However, the proponents of censorship were not limited to philosophers or historians. The Hon’ble Supreme Court of India has stated that – “Film censorship is necessary because a film motivates thought and action and assures a high degree of attention and retention as compared to the printed word. The combination of act and speech, sight and sound in the semi-darkness of the theatre with the elimination of all distracting ideas will have a strong impact on the minds of the viewers and can affect emotions. Therefore, it has as much potential for evil as it has for good and has an equal potential to instil or cultivate violent or good behaviour. Censorship by prior restraint is, therefore, not only desirable but also necessary.”[v] The Apex Court promotes the concept of welfare censorship to this very day by disallowing the mention/ disclosure of a female plaintiff or petitioner in cases against her parents or family members and thereby, preventing the media houses from airing the name of the female on national television or printing it in newspapers. This kind of censorship is considered to deliver welfare and fair justice by eliminating the factor of risk to the aggrieved person.[vi] Based on such observations, one must conclude that censorship is a necessary evil.

Censorship in India, as a concept, has been in contention since the Independence in 1947. The first-ever censorship law was implemented in 1954 as the Cinematograph Act was enacted which established the Central Board of Film Certification and vested unto the members of the body, the power to eliminate offensive or politically subversive content.[vii] The grounds of censorship have evolved over the years, from Independence to the OTT era. In 1970, in the matter of K. A. Abbas vs Union Of India, the Hon’ble Supreme Court of India ruled that –“Cinematographic films in theatres were the most influential media of mass communication affecting the social mind and, therefore, the exercise of censorship under the Cinematograph Act was valid and necessary”.[viii] The press was brought under the ambit of censorship through the Press Council of India Act, 1978 which established the Press Council of India and gave it the power to receive and act upon the complaints regarding the violation of journalistic ethics or misconduct by a journalist or an editor for that matter.[ix]

The concept of freedom of speech and expression goes hand in hand with censorship. Various instances of misuse of censorship have been recorded throughout history. The sedition law has contributed to this misuse of censorship since independence. In a country like India, custodial harassment has been a major issue wherein waiting for the bail to be granted, can lead to long and unfair jail times which leads to grave violation of human rights. The emergency was implemented by the Indra Gandhi government which was 21 months from 1975-1977. It was one of the most censored eras post-independence[x] as censorship was used as a tool to suppress the voices of dissent. The press freedom was significantly curtailed as the media houses were forced to print and air news in favor of the decisions and policies of the government while refraining from reporting news that was critical of the establishment. Any similarity between a film or writing and the then political circumstances was censored. This included Gulzar’s ‘Andhi’ for its similarity to Indra Gandhi’s life and Amrit Nahta’s ‘Kissaa Kursee Ka’ which displayed political satire.[xi] A similar instance was witnessed in 2020 when Hotstar removed a single episode of the show ‘The Last Week Tonight with John Oliver’ for it being critical of the current Prime Minister of India, Mr. Narendra Modi.[xii] These instances have not been limited to India as the governments around the world have started to regulate the new OTT platforms. An episode of the show, ‘The Patriot Act’ by Hasan Minhaj was taken down by Netflix after it entered controversy for criticizing the crown prince of Saudi Arabi, Mohammed Bin Salman.[xiii] Singapore has also regulated the OTT platforms significantly as it witnessed the pulling down of at least 5 pieces of content from the streaming platforms based on the demands of the government.[xiv] In the present scenario, indirect censorship methods like paid advertisements are being used to influence news reporting and hampering journalism  standards. By way of paid advertisement, the government provides incentives to the media houses to refrain from reporting news that is critical of it.[xv] Thus, similarities can be drawn between censorship being implemented for vested interests during different times throughout history.  

Censorship as a concept must evolve and be implemented while keeping in mind the justified level of freedom of speech and expression. Moreover, it is of utmost importance to eliminate instances of censorship wherein a certain smaller group of people, especially the government exercise their power to unfairly censor a piece of information, movie, or web series to transmit favorable propaganda or suppress the voices of dissent. The type of censorship which fulfills these conditions might be considered as ‘soft’ censorship as it protects the rights and interests of individuals rather than encroaching upon the same. It is, therefore, fairly concluded that in the modern era of constant development in technology, censorship is a necessary concept which when used righteously can promote welfare, peace, and security while when used sinfully, can lead to grave harassment of individuals or groups of individuals.   

References

[i] Thelwell, K. (2020, August 8). How Jio Transformed Internet Access in India. The Borgen Project. https://borgenproject.org/internet-access-india/

[ii] Desk, E. H. T. (2021, January 27). Tandav row: All the controversies that have plagued Saif Ali Khan’s Amazon show. Hindustan Times. https://www.hindustantimes.com/entertainment/web-series/tandav-row-as-supreme-court-refuses-to-grant-protection-here-are-all-the-controversies-surrounding-saif-ali-khan-s-amazon-show-101611755000552.html

[iii] Joshi, N. (2017, November 25). What is the Padmavati row all about? The Hindu. https://www.thehindu.com/news/national/the-lowdown-on-the-padmavati-row/article20915252.ece

[iv] BrandEquity, E. T. (2020, October 29). Tanishq Ad Row: A closer look at the controversy. ETBrandEquity.Com. https://brandequity.economictimes.indiatimes.com/news/advertising/tanishq-ad-row-a-closer-look-at-what-the-controversy/78923587

[v] K. A. Abbas vs The Union Of India & Anr, 1971 AIR 481, 1971 SCR (2) 446

[vi] Jain, M. (2021, May 30). SC Directs Masking Of Identity of Petitioner-Girl Seeking Protection Against Parents In Entire Record, All Reports/ Copies of Proceedings. Live Law. https://www.livelaw.in/top-stories/supreme-court-sc-masking-of-identity-of-petitioner-girl-seeking-protection-174923

[vii] Bhatia, U. (2018, July 14). 100 years of film censorship in India. Mint. https://www.livemint.com/Leisure/j8SzkGgRoXofpxn57F8nZP/100-years-of-film-censorship-in-India.html

[viii] K. A. Abbas vs The Union Of India & Anr, 1971 AIR 481, 1971 SCR (2) 446

[ix] S. (2017, July 7). Regulation of media in India – A brief overview. PRSIndia. https://www.prsindia.org/theprsblog/regulation-media-india-brief-overview

[x] A. (2019, June 25). The darkest phase in Indira’s tenure as PM. The Economic Times. https://economictimes.indiatimes.com/news/politics-and-nation/democracy-interrupted-some-lesser-known-facts-about-emergency-1975-77/the-censorship/slideshow/69940335.cms

[xi] Bhatia, U. (2018, July 14). 100 years of film censorship in India. Mint. https://www.livemint.com/Leisure/j8SzkGgRoXofpxn57F8nZP/100-years-of-film-censorship-in-India.html

[xii] Staff, T. W. (2020, March 9). John Oliver Criticises Hotstar for Censoring His Show’s Episode on Modi. The Wire. https://thewire.in/media/john-oliver-hotstar-censorship-narendra-modi-episode

[xiii]Alexander, J. (2019, January 1). Netflix removes Patriot Act episode in Saudi Arabia following government complaint. The Verge. https://www.theverge.com/2019/1/1/18163918/netflix-patriot-act-hasan-minhaj-saudi-arabia-episode

[xiv] Staff, R. (2019, August 2). Social media sites block satirical rap video in Singapore after government complaint. U.S. https://www.reuters.com/article/us-singapore-socialmedia-idUSKCN1US0K8

[xv] Withnall, A. (2019, July 20). How Modi government uses ad spending to ‘reward or punish’ Indian media. The Independent. https://www.independent.co.uk/news/world/asia/india-modi-government-media-ad-spending-newspapers-press-freedom-a8990451.html

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