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The candidate must be good at research and must have a command of the English language. The work is primarily related to global research in Data Privacy laws. The internship shall start on 1st July 2021 and shall at least a one-month period.

Candidates must have relevant experience working with MS Office, Google-drive and docs etc. This is a remote internship wherein the candidate will receive the certificate at the end of the internship.

The preferred candidate should be at least in the final or pre-final year of his/her Law graduation.

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The present article is written by Muskan Harlalka, a 2nd-year law student from the School of Law, Mody University of Science and Technology, Lakshmangarh, Rajasthan.

Introduction

Punishment is a form of constraint used for the effective implementation of the law. It is based on the belief that a wrongdoer should suffer for his misdeeds and that punishing the wrongdoer acts as a deterrent for others. Capital punishment, also known as the death penalty, is the highest and most cruel form of punishment awarded at present. It is awarded for the most heinous, grave, and detested crimes. It implies the legal killing of a person who has committed a crime forbidden by law. 

The punishments awarded by a Court derive their justification from various Theories of Punishment. Capital punishment is based on the Deterrent and Retributive theories of punishment. According to the Deterrent theory, capital punishment rids the society of the offender and deters others from committing crimes by affecting their consciousness. On the other hand, the Retributive theory believes in inflicting in return for wrongdoing, not the same thing but its equivalent.

Many of the laws enacted by the British colonial government were retained by India after independence. These included the Indian Penal Code, 1860 (IPC), and the Criminal Procedure Code, 1898 (CrPC). The IPC laid down six forms of punishment including the death penalty that could be awarded to a wrongdoer. For offenses where capital punishment was an option, as per Section 367(5) of CrPC, the Judges were required to provide reasons for not imposing the death sentence. This provision was later repealed in 1898 and when the CrPC was re-enacted in 1973, significant changes were made. Now the Courts had to provide special reasons for awarding the death sentence. 

Methods of Execution of Death Penalty in India

In India, the death penalty is executed by either of the following methods:-

  1. Hanging – The Civil Procedure Code provides hanging as a method of execution in civilian courts.
  2. Shooting – According to the Army Act of 1950, both shooting and hanging are the official methods of execution in the military court-martial system.

Capital Offenses in IPC and Other Laws

  1. Capital offenses under IPC: The death sentence is the most extreme punishment provided under the Code. The authors of the Code have stated that it is to be awarded only in those cases where a murder or the highest offense against the State has been committed. Some of the offenses where the death penalty has been provided as an alternate form of punishment are waging or attempting to wage war against the Government of India (Section 121), abetment of mutiny committed (Section 132), murder (Section 302), kidnapping for ransom (Section 364A), dacoity with murder (Section 396) and others.
  2. Capital offenses in other laws: Apart from IPC, the death penalty has been prescribed as a punishment in various other legislations such as the Narcotics Drugs and Psychotropic Substances Act (NDPS) 1985, the Army Act 1950, the Commission of Sati (Prevention) Act 1987, anti-terrorism laws, etc.

Constitutionality of Capital Punishment

The constitutional validity of the death penalty was challenged for the first time in the case of Jagmohan Singh v. State of Uttar Pradesh. In this case, the appellant was convicted for the murder of Chhotey Singh and sentenced to death under Section 302 of IPC. One of the arguments that were put forth against capital punishment was that it puts an end to the fundamental rights guaranteed under Article 14 (equality before law) and Article 19 (protection of certain rights regarding freedom of speech, etc.) of the Constitution of India. It was also pointed out that there was a lack of any procedure for the trial of factors and circumstances crucial for choosing between life imprisonment and capital punishment. Such absence violates the Right to protection of life and personal liberty granted under Article 21 of the Constitution and is thus, not in the interest of the public.

The Supreme Court stated that the trial was held in accordance with the provisions of the CrPC and the Indian Evidence Act, 1872 and since these provisions were a part of the procedure established by law, the death penalty did not violate Article 21. Thus, the constitutionality of the death sentence was upheld.

In Bachan Singh v. State of Punjab, the Supreme Court upheld its earlier decision in the case of Jagmohan Singh and stated that the death penalty is reasonable as a punishment and does not violate Article 21 of the Constitution.

Rarest of Rare Cases – Guidelines

While upholding the constitutionality of capital punishment, the constitution bench in Bachan Singh v. State of Punjab observed that for murder convicts, imprisonment for life is the rule, and the death penalty a deviation from that rule. The bench concluded that the death penalty should be given only in the “rarest of rare cases” and thus the “Doctrine of Rarest of Rare Case” was established. This case also managed to effectively shift the focus from the crime to both the crime and the criminal in awarding the death penalty.  

Afterward, in Machi Singh v. State of Punjab, the Supreme Court formulated specific criteria to establish the scope of rarest of rare doctrine and gave some factors to be considered while deciding the rarest of rare cases. These factors are:

  1. Manner of commission of murder: When the murder is committed in an extremely cruel way so as to attract intense resentment from society.
  2. The motive for commission of murder: When the motive for committing murder indicates immorality and meanness.
  3. Antisocial or socially abhorrent nature of the crime: When a member of the Scheduled Caste or any minority community is murdered or in cases of bride burning, dowry death, etc.
  4. The magnitude of crime: When the proportion of the crime is enormous.
  5. The personality of the murder victim: When the victim is a helpless woman, an innocent child, a civic figure, etc.

Commutation of the Death Penalty

Section 54 of the Indian Penal Code talks about the commutation of the death penalty by an appropriate Government. The convict also has the option of appealing to the Supreme Court and if the Court refuses to hear the appeal or upholds the capital punishment, then the convict or his relatives can submit a mercy petition to the Governor of the State or the President of India.

The Governors of the States and the President of India, respectively have the power under Articles 161 and 72 of the Constitution to grant remission (reduce the punishment without changing the nature of the punishment), reprieve (temporary suspension), pardon (conditional or absolute), respite (postponement of the execution of a death sentence to a future date) or to remit, suspend or commute the sentence pronounced for any offense. The grounds for seeking mercy include age, the harshness of the law, physical fitness, etc.

Former President Pratibha Patil had granted pardon to 30 convicts, some of which were cases of brutal crimes, while her successor Pranab Mukherjee had rejected 24 mercy pleas. President Ram Nath Kovind has rejected at least two mercy pleas, which include the petition of Akshay, a 2012 gang-rape convict. 

In Sher Singh v. State of Punjab, the Apex Court stated that delay in execution of the death penalty exceeding two years does not entitle the convict to commutation of his sentence. However, in Jagdish v. State (2009) the Court said that the length is a convict’s wait for execution, the higher should be the chances of commutation of his death penalty to imprisonment for life.

Should the Death Penalty be Abolished?

There is a wide controversy surrounding the issue of retention of capital punishment. Those who are against capital punishment argue that capital punishment is irreversible. Moreover, its use has not brought any significant crime reduction and hence it has no deterrent value. It is also possible that the retention of the punishment may lead to the acquittal of a guilty person resulting in failure of justice. Also, retribution is a medieval concept and should not be practiced in a civilized society. 

Supporters of the death penalty assert that sentences pronounced by the Sessions Courts are subject to confirmation by the High Courts which reduces the possibility of error. The supporters also contend that the chances of an innocent person being punished with capital punishment were reduced when the Apex Court struck down the mandatory death sentence given under Section 303 of IPC. Besides, even after the pronouncement of the death penalty, the convict has the option of submitting a mercy petition to the Governor of the State or the President of India, which further reduces the possibility of an innocent person getting punished.

Conclusion

The death penalty is not just a punishment, it ends the life of a person and eliminates the chances of improvement. It is true that a wrongdoer needs to be punished, but we as a society need to focus on getting rid of the offence, not the offender. Society should focus on reformative theory instead of the deterrent theory as in reformative theory there is a possibility of improvement.

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The present article has been written by Aanya Gupta pursuing BBA LLB from Vivekananda Institute Of
Professional Studies, GGSIPU, New Delhi.


Introduction



“Environment” is a very comprehensive term. It includes several phenomena in its scope. This is a dynamic term that can be used to describe a limited area on one side and the entire planet on the other. The term environment can have different meanings. Different countries and international legal instruments have multiple definitions of this term. Broadly speaking, the environment includes the external conditions, resources, and stimuli with which organisms interact. The preamble of the “United Nations Declaration on the Human Environment” adopted in Stockholm in June 1972 stated:

 “Man is both the creator and shaper of the environment. The environment gives him material substance and gives him intellectual, moral, social and spiritual growth. “.  

 The environment is threatened by various sources of damage, mainly man-made damage. To solve this problem, we must develop strategies to change human behavior and turn it into environmentally friendly practices, away from practices that damage the environment. Broadly speaking, technologies that change human behavior can be divided into two categories: incentives and inhibitions. The law is important because it creates a framework in which incentives and restrictions can play a role. The law is everywhere. Other methods of influencing human behavior are voluntary or optional to some extent. Education, morality, peer and family pressure – all apply to varying degrees. On the other hand, the law cannot be easily circumvented. The law in society applies equally to everyone at all times. This is the axiom of the “rule of law.”

What Is Environmental Law?



Humanity knows a much longer environment than the law to protect the environment. The Environmental Law, or known as methods of environmental and natural resources, explains the regulatory laws, laws and regulations, regional and international laws, protect the environment from harming and explain the legal impact of such damage to the government, is a term Used to explain the treaty.  As described in the next section, it covers many areas. However, the term “environmental law” is not only covering government law. In addition, by creating a regulation of business licenses and industry standards, companies and other organizations, and their regulators can also work to improve ethical principles.  These are not the “law” but the regulatory framework. It also applies land management methods for a type of understanding of responsibility and ethical action. 

Similarly, the impact assessment is not necessarily required, but it can be rejected if development, construction, modification, engineer, or engineer is not carried out. These are not laws made for the environment and the local population, but any regulation. For various reasons, the environmental law was always the nostalgic point of controversy. The heart of the discussion, the need for such regulations, the attractive friction of government regulations and encouraging the carrier of the market, and making things appropriate for all, and the attractive friction of all. For example, continuous discussions on the effects of specific pesticides in agriculture, greenhouse gas emissions are avoiding recoil legislation in the battle between science and full clay-mud government. The opposite of the discussion means that the regulation and the current law of the industry are insufficient. Both sides have a meeting to discuss the aspects of environmental law, and they have how they should change how they have changed their favorably. 

In the way we are looking at it, environmental law affects the importance of saving individual health, commercial activities, geographical sustainability, geographical sustainability, and future generations and economies.   

When Environmental Laws Were Made?



Some environmental protection laws existed even before the independence of India. However, the real push to implement a robust framework only emerged after the United Nations Conference on the Human Environment (Stockholm, 1972). After the Stockholm Conference, the National Committee for Environmental Policy and Planning was established in the Ministry of Science and Technology in 1972 to establish a regulatory body to deal with environmental issues. Subsequently, the committee evolved into a mature Ministry of Environment and Forests (MoEF). 

MoEF was established in 1985 and is now the highest administrative body in the country to oversee and ensure environmental protection and formulate a legal and regulatory framework for it. Since the 1970s, various environmental laws have been promulgated. MoEF and the Pollution Control Committee (“CPCB”, meaning the Central Pollution Control Committee and “SPCBs”, meaning the National Pollution Control Committee) together constitute the core regulatory and administrative department.

Some of the important legislations for environmental protection are as follows:

1)The National Green Tribunal Act, 2010

2)The Air (Prevention and Control of Pollution) Act, 1981

3)The Water (Prevention and Control of Pollution) Act, 1974

4)The Environment Protection Act, 1986

5)The Hazardous Waste Management Regulations, etc.

WHY ARE ENVIRONMENTAL LAWS ARE IMPORTANT?

1) For Health of Current Generations

Medical care is an expensive business, regardless of where it is around the world. During the oldest environmental protection in the world, it is designed to take into account human health. Even today, people who live in the largest area tend to suffer more health problems.  It is important to clean environmental air, water, and other aspects to improve your health.

2)For Health of Future Generations

We do not have the good health system of the current generation that we should worry about. Our children and their children, etc., sometimes have an increase in the costs of health, and which leads to a larger case of some situations. Even in countries with social health care, health problems and the cost of carrying out a health system continue to increase. In addition, maintaining an additional generation of expenses is the mission of certain environmental health laws to cause more papers and healthier relaxation problems to guarantee the environment.  We are also analyzing new adventive diseases in areas where there have never been cases of existing but controlled, but controlled cases of existing but controlled diseases. It is believed that some of the reasons are an ecological and natural environment that promotes the replication of viruses or the seeds responsible for the duplication of viruses and mosquitoes.

3)Maintaining Resources and Lifestyle

Many methods to maintain resources and lifestyle, environmental laws are a form of future insurance contracts, such as food safety and water, the protection of resources, energy, and ecological equilibrium. Fossil fuel is an exhausted resource, and many metals are finite but may have a potential century.  The rights of fishing are one of these problems. In many areas of the world, not only can they harm our supply of food and industry, but can also be confused with the ecological balance of the sea. That is why many countries agreed to fish quotas.

4)For Ecology

Food chains, water cycles, the security of our resources depends on what environment is protected by any environment. Exhaustion and elimination of resources, such as the introduction of invasive species, maintaining damage emissions, etc., and environments can cause long-term problems. We have already raised the depletion of the ice cover and the maritime levels. The dilution of our sea salt can affect the ecological balance of the sea. It also knows that jet streams and vibrations can change with carbon in the atmosphere, resulting in changes in the long-term unstable climate that can cause imbalances elsewhere. Global ecology is a network that exceeds national benefits and borders.    


What Is Sustainable Development?



The principle of sustainable development is developed based on the basic assumption of the coexistence of two opposed concepts (ie development and environment). But from a practical point of view, the ecological, economic, and social aspects of sustainability are inseparable. As William Rees pointed out, the maintenance of ecological integrity must take precedence over the realization of human social and economic needs. Therefore, there must be an intersection between ecological and economic factors in the development process. The principle of sustainable development emphasizes two basic needs: one is the need for social and economic development and the other is the need to limit the capacity of the environment to respond to current and future needs.

Sustainable Development Goals


The objectives of Sustainable Development suppress poverty and pollution in 2015, thus protecting the planet, protecting the planet, providing peace and prosperity for the emergence. It is established in a plan to become a blue photo towards a better sustainable future. The three main objectives of sustainable development objectives are

 1) economic growth.

 2) Protection of the environment. 

3) Social inclusion.   

 Sustainable development objectives have been successful in the content and thousands of applicable development objectives. The previous objective was criticized that it was too narrow in a surface implementation if it is too narrow in implementation. A thousand-year development objective focused on the development of each country and supporting the development of other countries. A recently increasing sustainable development objective was much more in context, providing more complete perspectives and frameworks for development according to the country’s relationship. They are applied more worldwide, resulting in the largest UN program, which provided the company’s foundation.   

Conclusion


Undeniably, adhering to sustainable development goals is the need of the hour. It is time that each one of us adopts an ‘energy-efficient and green’ mindset and uses the natural resources available equitably, judiciously, and save them for our future generations, as the best way to predict the future is to create it.

Hence, India needs to hustle towards the attainment of its sustainable development goals through proper planning, coordination, and implementation of practices and policies which aid in the formation and maintenance of a self-sustainable and developed country.

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The present article is written by Mudit Jain, pursuing B.B.A.LL.B.(H) from Indore Institute of Law.

Introduction

The internet, which has become an essential location and method of exercising an individual’s freedom and expression in the twenty-first century, has become one of the most vital elements of an average person’s everyday existence. It gives a fantastic and very accessible platform for the global exchange of ideas and knowledge without regard for time or place. It has grown so necessary that national and international organizations recognize it as a human right. However, in recent years, it has come under the severe and indiscriminate supervision of governments from all over the world. It is increasingly being targeted by state agencies and governments all around the world, and the number of internet shutdowns reported each year is growing.

According to the Software Freedom Law Centre (SFLC), a legal community that has been tracking internet shutdowns since 2012, 106 internet shutdowns were recorded in India in 2019. These frequent Internet shutdowns are a significant blow to citizens’ fundamental rights. Article 19 of the Indian Constitution guarantees us the right to free expression, which is severely infringed by internet shutdowns. The appropriate knowledge of Internet Shutdowns is required in order to have a better grasp of its influence on Article 19(1).

Internet shutdowns are when the government sets a restriction and prohibits the general population from accessing the internet by blocking the servers. These shutdowns can be implemented over the entire country as well as on a local level. In exceptional situations, it can even be extended indefinitely. However, access to the Internet has recently gained the status of a fundamental right, and such arbitrary internet shutdowns, in some way or another, openly violate the basic rights as well as numerous human rights of individuals who fall under its purview. They limit our autonomy, deny our free will, and undercut our freedom of speech.

Until 2017, several forms of Internet shutdowns were authorized under Section 144 of the Criminal Procedure Code of 1973. Section 7 of the Indian Telegraph Act was modified in 2017, resulting in the Temporary Suspension of Telecom Services (Public Emergency and Public Safety) Rules, 2017. These restrictions were first welcomed with the expectation of fewer shutdowns, but to the total astonishment of Indian residents, the shutdowns grew. It is still being used arbitrarily by the federal and state governments to suppress dissent, infringing on the right to freedom of speech and expression entrenched in Article 19(1) of the Indian Constitution.

Right to Internet: A Fundamental Right

There is no doubt that the freedom to disseminate information to the general public is protected by Article 19 of the Constitution (1). The Supreme Court and the High Courts have often emphasized the internet’s inclusion among the media of free speech and expression, as well as the duty of state and government to encourage such freedom. To preserve the democratic values of the constitution, freedom of speech and expression via the internet is critical, and any indiscriminate shutting down of the internet in order to stifle opposition against the state violates these objectives. The vast variety of information circulation and the enormous effect that the internet has on individuals cannot be used to justify restricting its access at the whims of government. 

The use of Section 144 of the CrPC and the Temporary Suspension of Telecom Services Rules, 2017 has resulted in an increase in the number of internet shutdowns in various Indian states during the last several years. There has been harsh condemnation of such government arbitrariness, which serves as ample evidence that the Right to Freedom of Expression has recently come under scrutiny. In a country with over half a billion internet users, arbitrary measures restricting internet access not only cause discontent among ordinary citizens and worsen the situation for which such measures are implemented, but also have a negative impact on various aspects of trade and commerce in the country. In today’s digital era, a considerable number of trade and commercial activities, including stock market trading, online shopping platforms, and electronic payment methods, require internet access, and Internet restrictions result in significant losses for those involved as well as the economy whole.

According to research by the Indian Council for Research on International Economic Relations, the Indian economy lost more than $3.04 billion between 2012 and 2017 as a result of internet outages. With the number of shutdowns tripling in 2018 and 2019, there is growing dissent among the people affected by their infringement of freedom. Internet shutdowns, in addition to violating Article 19, also infringe the citizen’s right to life under Article 21 and the citizen’s right to information under Article 19. (1).

Need for Internet Shutdowns:

However, Article 19 (1) does not grant a person limitless access to the internet for the sake of freedom of expression. Such freedom of speech and expression is frequently utilized by dishonest and devious individuals to disseminate misleading news and propaganda. In such a situation, the installation of such severe limitations as internet shutdowns becomes inevitable. Article 19 allows for the restriction of a type of communication that counts as equal to “incitement”. Article 19 (2) allows for the imposition of reasonable restrictions on the freedom of speech and expression guaranteed by Article 19 (1), and this also applies to its exercise on the internet for the sake of social order and stability.

In some extraordinary circumstances, adopting extreme steps for the sake of people’s safety becomes the necessity of the hour. The internet, as a method of expression, may also be utilized for hate speech, further escalating the issue. Whether it’s the Delhi Communal Riots or terrorist actions in Jammu and Kashmir, the internet is a key source of misleading news and inflammatory messages. In the guise of Freedom of Expression under Article 19, the situation might deteriorate and lead to riots, necessitating limits on access to it.

To qualify as reasonable, the government’s limitation of internet shutdown under Article 19 (1) must qualify as an urgent threat under Article 19 (2), as well as pass the three-pronged cumulative test of transparency, legitimacy, and the twin tests of necessity and proportionality. Thus, speech and expression that supports violent and destabilizing actions and endangers state security via the internet are not protected under Article 19(1).

Internet Shutdown and Court Judgments:

The Supreme Court, as well as different High Courts, have expressed varying views on the validity of the Right to the Internet as a Fundamental Right of Citizens. The Kerala High Court held in Faheema Sharin R.K. V. State of Kerala case, where a student was expelled from the hostel simply because she protested against the hostel’s rule that prohibited the use of the internet and mobile phones, that the right to the internet is a fundamental right under Articles 19 and 21 of the constitution and thus cannot be violated arbitrarily. However, in the recent CAA-NRC demonstrations, the Delhi Police ordered the internet to be taken down in various places around the city, and the Delhi High Court dismissed all pleas against it and upheld it. Despite the fact that the protests in Assam became violent, and the Guwahati High Court, In Bansashree Gogoi v. Union of India, the court directed the authorities to quickly restore internet services while also taking reasonable precautions to limit the spread of provocative information over the internet.

On January 10, 2020, a three-judge panel of the Supreme Court issued a historic ruling in the matter of Anuradha Bhasin v. Union of India, establishing the right to the internet under Article 19. After hearing the case involving the internet shutdown in Jammu and Kashmir, the Supreme Court ruled that the right to free speech and expression, as well as the ability to carry on any profession or commerce over the internet, is constitutionally protected under Article 19. Any limitation, whether by internet shutdown or otherwise, must be in accordance with Articles 19 (2) and 19 (6) of the Indian Constitution. The court issued the following instructions in order to evaluate the legality of Internet shutdowns under Article 19:

  1. Proportionality Test: The Supreme Court ruled that before using such drastic measures, the relevant authorities must consider whether the action is proportional to the goal to be achieved. The government should take the least intrusive action possible.
  2. Order Publication: They also requested that the relevant authorities post any orders issued for the suspension of the internet, together with a full explanation of why such a shutdown was necessary, in order to maintain transparency.
  3. Only in extreme instances: The government can issue such directives only in extreme conditions and in cases of urgency.

As a result, the court recognized the critical importance of this problem and issued the above-mentioned recommendations to strike a balance between the right to freedom and the government’s urgency. These tests and procedures must be implemented by the government in order for their activities to be justified and in the best interests of citizens. The arbitrariness with which internet shutdowns are conducted and enforced has already caused significant tension between the state and its inhabitants, and in order to have a stable and peaceful coexistence, the state must demonstrate legitimacy in its actions and guarantee that there is no arbitrariness.

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The present article is written by Priyanka Choudhary, currently pursuing BALLB from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

FIELDS OF LAW

The legal line of work is widely mistaken for being limited to courtroom appearances and defending criminals. Actually, the bar encompasses a huge subject pool and areas of practice. Sometimes, lawyers began their careers in one field, only to diversify to try something different in their later years. This will be because that field was the chance that was most readily available to them after school of law or thanks to a conscious decision to maneuver faraway from a field of the law.

However, few lawyers know which field is suitable for them from the very beginning of their legal career. This text aims to explain the various fields of law that you simply will study in school of law and may take up as a career path.

CONSTITUTIONAL LAW

The Constitution is deemed to be the supreme law of the country. It governs the affairs of the country and involves rights and duties of the govt. also as its citizens. The study of the Constitution is one of the foremost important subjects in school of law. The practice of constitutional law is one among the foremost lucrative areas of the law in India. Most top lawyers in India are going to be constitutional experts thanks to years of practice and knowledge. Almost like the practice of human rights law, the constitution may be a vast area of the law and may have many cases and jurisprudence to stay track of. These cases require you to access the High Courts and Supreme Court as a number of these issues are often of great significance to the justice system. Most landmark judgments in India will have a constitutional law aspect built into them somewhere.

CORPORATE LAW

The field of corporate law deals with rules concerning the facilitation and management of the business. A company lawyer can advise on an agreement, write up a contract, or negotiate clauses on behalf of a client. Corporate lawyers don’t attend court, but rather advise clients from the comfort of their office. An understanding of the Business Act, 2013, and therefore the Indian Contract Act, 1872, is a must. This is often one of the foremost lucrative areas of practice in recent years, with young graduates flocking to prestigious law firms to practice corporate law due to the attractive pay packages. Life as a company lawyer will involve very long hours. However, a robust understanding of corporate law can make sure you can work for several different types of clients like companies, start-ups, banks, etc.

CRIMINAL LAW

This is a neighborhood of the law that’s often considered the foremost interesting and involves defending criminals or advocating for the innocent in cases of murder, rape, theft, etc. legal code requires an understanding of court procedures, police investigations, and therefore the Indian legal code, 1860. Typically, lawyers who enjoy court-facing lawyers practice legal code. Most law aspirants, dream of practicing within the courtroom as criminal lawyers thanks to the sector being intriguing and interesting. One will see that there’s a bent to avoid practicing legal code in India thanks to questions of safety and low pay, as compared to salaries in law firms at the beginning of your career. However, the amount of legal code cases is on the increase, and practice within the field pays well as you progress ahead in your career if you’re a first-generation lawyer. The foremost successful and well-known lawyers in India are criminal lawyers.

EMPLOYMENT LAW

Employment law concerns the rights & duties of employer and employee. Employment lawyers often fight cases to either defend compliance with the labor laws or absolve their clients of requirements prescribed by such legislation. Employment lawyers will also review employment agreements and assist with the termination of employees. They’ll also represent a private employee, employee unions, and other interest groups. While employment law in other parts of the planet is usually a really specialized area of practice, in India it’s not uncommon to ascertain employment law being clubbed alongside corporate law, with one legal team advising on both areas of the law. Employment law is one of the more exciting areas of the law because it has got to do with tons of people-centric issues (hiring, firing, onboarding, health and safety of workers, etc.), and therefore the Indian government has recently made it easier to practice employment law by harmonizing multiple legislations into singular codes of practice.

ENVIRONMENTAL LAW

The practice of environmental law in India may be a growing area of the law. It deals with laws concerning air, water, wildlife, biological preservation, and environmental protection. With the recent creation of the National Green Tribunal, there are more environmental law cases being litigated and corporations are taking environmental compliance more seriously also. Environmental issues affecting many of us often have an underlying constitutional aspect. Being an environmental lawyer also can allow you to figure more easily for international organizations like the WWF-India or government departments. Thus, the practice of environmental law can allow you to figure during a sort of settings that are different from the traditional firm or lawyer’s office.

FAMILY LAW

Family law concerns personal laws, which affect the personal relationships of citizens. Family lawyers are involved in divorce cases, cases involving custody of youngsters, also as property law. In India, family lawyers need to affect a variety of legislations, which may include even complex laws governed by one’s religion (Hindu laws, Muslim laws, etc.). Family lawyers often affect cases that will be very emotionally difficult, because the issues in family law affect families and young children.

HUMAN RIGHTS LAW

Human rights lawyers advocate on behalf of victims who have violated their rights. In India, the practice of human rights law is often long and arduous together tries to urge their day in court – however, this will even be one among the more satisfying areas of the law as often there’s a vulnerable party at one end who needs legal advice, also because of the relief. To be an honest human rights lawyer, one must remember basic rights that are enshrined within the Indian Constitution. One can also see human rights principles as reflected in procedural laws in India, as the Code of Criminal Procedure.

INTELLECTUAL PROPERTY LAW

Intellectual Property law deals with securing and protecting legal rights concerning innovation, discoveries, and creations. The law seeks to guard the property rights of authors, inventors, artists, and businesses. A property lawyer will often advise on issues regarding the interpretation of statutes about patents, copyrights, or trademarks. Property law is one area that has grown significantly in recent years, with the increase of the media and show business. The work includes registering property, drafting legal notices, and actions associated with enforcing a breach of agreements. Being a property lawyer can keep you closer to business than other areas of the law, with many lucrative opportunities in companies like Netflix and Dharma Productions. Property law is taken into account by many to be one of the foremost exciting areas of practice for a lawyer today.

PROPERTY LAW

Property law deals with the laws regarding the transfer and inheritance of property. The practice of property law is a remunerative area of the law and may have some overlap with family law when families litigate disputed household properties. However, property lawyers also can be involved in land transactions, like people who concern the main construction projects that are prevalent in a developing country like India. The practice of property law also can include the review of tenancy contracts and rent agreements, which are straightforward and routine within the Indian system.

SECURITIES LAW

Securities law is a neighborhood of the law that has greatly expanded within the last 20 years. It focuses on the principles concerning investment and therefore the financial sector. With the expansion of fintech operators in India and an expansion of the Indian economic system, legal issues concerning them are getting increasingly common. Typically, one will find the large law firms in India with great law practice groups. A person should be well versed with the rules issued by the Securities and Exchange Board of India (SEBI).

The school of law journey is meant to offer law students a favor for these areas of law in order that a typical law graduate has minimal competence altogether of them. A student can then decide which area they need to specialize in and pursue upon graduation.

TAX LAW

Tax lawyers advise on the interpretation of provisions of the tax Act 1961 and may be expected to fight cases on behalf of clients in special tax courts. Law requires an intricate understanding of complex laws and maybe one among the foremost difficult areas of the law to master. However, each case is usually very unique, unlike other practice areas which will involve a repetition of issues and use of templates. There’s also an undersupply of lawyers during this domain, and therefore the competition isn’t as great because it is in other practice areas. Very similar to other countries, in India, the law is taken into account to be a distinct segment area of practice.

BIBLIOGRAPHY

  1. Discover Law, https://www.discoverlaw.in/fields-of-law.
  2. The Lawyer Portal, https://www.thelawyerportal.com/free-guides/areas-legal-practice/.
  3. Picking Your Area of Law, https://www.enjuris.com/students/types-of-law-careers.html.
  4. 16 Top Areas of Law, https://www.michaelpage.com/advice/career-advice/job-search-advice/16-top-areas-law.

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The present article is written by Vanshika Samir.

Jurisprudence is the name given to a specific form of legal study, one that is abstract, general, and theoretical in nature and aims to reveal the fundamental principles of law and legal systems. The word jurisprudence comes from the Latin word jurisprudentia, which meaning “legal understanding.” Juris is the Latin word for law, and Prudentia is the Latin word for skill or knowledge. Jurisprudence so denotes legal knowledge and application. The study of fundamental legal principles is known as jurisprudence.

Professor H.L.A. Hart (Herbert Lionel Adolphus Hart) is a well-known legal scholar. Hart made a significant contribution to jurisprudence and legal philosophy. He wrote ‘The Concept of Law’ and contributed significantly to political philosophy. He is recognized as the most prominent representation of British positivism in the modern era. He is a linguist, philosopher, barrister, and jurist, according to his book. Law, according to Hart, is a set of rules. “Where there is law, human behavior is non-optional or obligatory,” he claims. Obligation rules are backed by strong social pressures because they are thought to be vital for society’s survival. The legal system, according to Hart, is identical to the concept of law. According to Hart, rules of law are divided into logical categories with distinct legal and social functions. He divided basic rules from subsidiary rules, as well as duty-imposing rules from power-granting regulations. Primary rules are those that direct the behavior of individuals and other legal entities, whereas secondary rules are those that govern how primary rules are produced and recognized. Rules such as the Income Tax Act, the Wealth Tax Act, and others that compel taxes to be paid are examples of duty imposing rules. Power to enter into a contract, form a will, and so on are instances of power bestowing rules. 

Hart examines the relationship between law, coercion, and morality in his book The Concept of Law, as well as the question of whether all laws are correctly understood as coercive orders or moral precepts. According to Hart, there is no rationally required relationship between law and compulsion or law and morality. He believes that categorizing all laws as coercive orders or moral commandments simplifies the relationship between law, coercion, and morality. He further explains that viewing all laws as coercive mandates or moral commandments creates a deceptive impression of uniformity by imposing a deceptive appearance of uniformity on diverse types of laws and social roles that laws may serve. This will lead to the misplaced characterization of the application of laws. There are laws that prohibit people from doing certain things and put a variety of obligations on them. Some laws may impose penalties or punishments for damaging others or failing to fulfill various types of tasks or obligations. 

Law can be broken down into rules, which is based on Hart’s theory of law. Rules, he claims, are concerned with what should be done rather than what happens. Rather than being indicative or descriptive, rules are mandatory or prescriptive. Rules have a self-legitimizing or independent quality to them. Rules are not the same as orders. Rules have a broad application and require recurrent activity, whereas commands typically call for a single unique performance. In certain circumstances, such as rules of a game, rules are constitutive and define the action in question, whereas, in others, such as rules of grammar, morals, and law, rules regulate activities that would occur regardless of whether the rules existed or not. Insofar as they are formal in nature, open to revision by authorities authorized for this purpose, and have some sort of adjudicating process when there is any dispute with the meaning or implementation of these rules, rules of game, clubs, and societies have the feature of rule of law. Rules of morality cannot be changed by legislation and cannot be resolved by adjudication. As per Hart, law consists of rules and it is mandatory for individuals to follow the law. At the same time, the law can be subject to amendment and adjudication. Law consists of rules and rules can be divided into two- primary rules and secondary rules. The behavior of men in society is governed by primary rules. These rules either confer privileges or impose obligations on society’s members. Secondary rules specify how and by whom main rules may be made, acknowledged, updated, or repealed. Human beings are obligated to conduct or refrain from specific activities under basic rules; secondary rules are parasitic on or secondary to the first. People are bound by basic rules whether they like it or not, whether they wish it or not; secondary rules provide them with opportunities to realize their wishes. Primary rules are vital for social interaction, whereas secondary rules are required for growth.

Hart’s depiction of a legal system as a combination of main and secondary rules is unquestionably useful as a tool for analyzing many issues that have perplexed both jurists and political theorists. The rule of recognition is a secondary rule, according to Hart, although it appears to some jurists to be more like the acceptance of a special kind of rule than a power. Hart’s approach is predicated on the distinction between laws that create responsibilities and rules that create powers on a legal system being established by their union, while others believe that such a strong separation is unnecessary.

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About the job

Desired Candidate Profile:

  • Pursuing LL.B from a reputed Law School
  • Should have excellent drafting and vetting skills
  • Must have excellent communication and presentation skills
  • Should have the ability to work in deadline intensive environment, multitask and perform under pressure.

Roles and Responsibilities:

  • Keep abreast of GST updates and notifications
  • Write Articles on GST
  • Analyze and prepare notes on GST case laws and interpretation of the same
  • Making presentations to the team

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The present article has been written by Gracy Singh, a 2nd-year student pursuing a BA.LLB (Hons.) from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

Introduction

The term ‘euthanasia’ derives from Greece which means good death. Euthanasia is the practice of ending a patient’s life who is suffering from a painful disease or an irreversible coma. A person is allowed to end their life with the help of medicines prescribed by a physician. Several nations such as the United States, Switzerland, Canada, Netherlands, etc. have legalized this practice and this has led people to move to these countries to free themselves from a terminal illness. 

There are different types of Euthanasia some of which are discussed below:-

  1. Active Euthanasia – a patient is killed by injecting a lethal dose of the drug.
  2. Passive Euthanasia – a patient is killed by withholding artificial support like a ventilator. 
  3. Voluntary Euthanasia – a patient is killed ended by their consent
  4. Involuntary Euthanasia – a patient is killed without their consent
  5. Mercy Killing – a patient is killed  to end the suffering without their explicit consent
  6. Physician-assisted Suicide – a patient is allowed to kill themselves with medications prescribed by the physician.

Indian Perspective

Euthanasia is a very controversial topic in India. IPC provides for the legal status for passive euthanasia and physician-assisted suicide. However, active euthanasia and physician-assisted suicide are still not legal in India. It is an offense under Section 302 or 304 of IPC that states the punishment for murder and culpable homicide not amounting to murder. In 2018, the Supreme Court with a specific guideline, legalized mercy killing for a terminally ill patient. This direction to legalize passive euthanasia in India is derived from International Conventions and foreign decisions. Article 21 of the Constitution of India talks about ‘Right to Life’ but the Right to Die is not given and the state is supposed to aid healthcare for the citizens.

Controversy

      Arguments against Euthanasia

  1. Eliminating the invalid – It is argued by the opposers of Euthanasia that people with incurable illnesses will be disposed from our society if we embrace the right to death with dignity. Palliative care (active and compassionate care for the dying) could be provided for the patient and the caregiver that would relieve pain and distressing symptoms. 
  2. Constitution of India – Right to Life stated in Article 21 is a natural right and is inconsistent with the concept of the right to die. The state must protect life and a physician’s duty is to provide health care. The State may refuse to provide health care or invest in health if euthanasia is legalized. 
  3. Mayfield intention – Euthanasia can be misused by relatives or family members to inherit the property of the patient. Mercy killing would be converted into killing mercy in the hands of medical professionals. Hence, to protect the patient and the medical practitioners from any lawsuits it should not be legalized. 
  4. The commercialization of health care – It is argued that if euthanasia is legalized in India, poor, disabled, or elderly people will be left to die or withdrawn from treatment for the sake of money. This condition is still seen in a majority of hospitals where members refuse treatment because of the huge amount of money.

Counterargument of Euthanasia supporters

  1. Right to Die – The supporters of Euthanasia argue that people with incurable or disabling conditions should be given the Right to die so that they can die with dignity. 
  2. Encouraging organ transplantation – Euthanasia will provide the opportunity for organ donation to help many patients waiting for transplantation due to organ failure. This will not give the Right to Die to terminally-ill patients but the Right to Life to patients with organ failure. 
  3. Refusing Care – Refusing medical treatment can also be regarded as passive euthanasia. For example – A blood cancer patient can refuse treatment or feed through the nasogastric tube. 
  4. Caregivers burden – There is a huge burden on the caregiver in financial, emotional, mental, social, and physical domains. The majority of petitions for terminating the life of a person suffering from chronic illness have been filed by the caretaker and the family members. It is uncommon to hear that either the patient or the family members take poison to end this burden. 

Case Laws

  1. Gian Kaur v. State of Punjab (1996) SC946

In this case, the Supreme Court said that Article 21 which states Right to Life leaves out Right to Die. The constitutionality of Section 309 under IPC was upheld. The difference between Physical Assisted Suicide and Passive Euthanasia was pointed out in the English case Airdale Case. The English Common Law considered Euthanasia as a criminal act. 

The court held that euthanasia and physician-assisted suicide are illegal in India; although the Supreme Court agreed to the concept of English Court yet introduced the right for a terminally-ill patient to die with dignity.

2. Aruna Ramchandra Shanbaug v. Union of India & Ors. (2011)

In this case, the victim was suffering in a persistent vegetative state for more than 36 years. She was a nurse at King Edward Memorial Hospital in Mumbai and was assaulted by a man who immobilized her with a belt that stopped the oxygen supply, damaging her brain functions. The plea was filed for mercy killing but the court rejected it. However, the court recognized the concept of the living will. The Supreme Court legalized Passive Euthanasia as well as issued some guidelines and said that it would be applicable only in rarest of rare cases. The court further said that the right to die does come under the scope of Fundamental Rights and specifies that High Court should approve the request for Passive Euthanasia to make sure there is no minified intention of relatives and friends. 

3.Common Cause ( A Regd. Society) v. Union of India (2018)

In this case, a writ petition was filed for recognition of the ‘living will’ of a person and a strong system for passive euthanasia. This case challenged the constitutionality of Section 306 of the Indian Penal Code. The concept of ‘living will’ was recognized by the court as well as the Right to Die with Dignity, the Right to Self-determination, and the Right to Autonomy was recognized as Fundamental Rights. 

Conclusion

Euthanasia is a controversial topic. It has given rise to many debates for centuries over the legal implication. There is a need to enact a law to protect terminally ill patients and the medical practitioners who provide care to these patients. Also, poor people suffering from severe health issues can get free access. Euthanasia has many implications like the cost of the procedure, pressure from doctors, mental state of both patient and family members. The medical practitioner should also know the mental status of a person seeking euthanasia. The decision given by the apex court to legalize passive euthanasia is appreciated, however, active euthanasia has not been legalized still. 

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Location : Gurugram, Haryana, India

Post- Legal Analyst

Qualifications

Education:

Advanced university degree (Master’s degree or equivalent) in environmental law or related field, preferably with specialization in public international law, international environmental law or climate change.
A first-level university degree in law in combination with additional 2 years of relevant experience in environmental issues may be accepted in lieu of the advanced university degree.
Experience:

A minimum of one year of relevant experience in environmental law or related field, including a background in legal drafting for environmental management, is required.
Language and IT skills:

The role demands substantial writing and verbal communications skills. As English is the official and working language of the Organization, excellent command of both written and spoken English is required.
Knowledge of other languages (i.e., French, Spanish and Arabic) would be an advantage.
Satisfactory skills in Outlook, MS Office products, and various ERP systems is highly desirable.

Application Closing Date:

29 June 2021

Official Notification:

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