Month: July 2021

About Vidhi

The Vidhi Centre for Legal Policy is an independent think tank doing legal research and assisting the government in making better laws. Vidhi is committed to producing legal research of the highest standard with the aim of informing public debate and contributing to improved governance. Vidhi works with Ministries of the Government of India and State Governments, as well as other public institutions, providing research and drafting support at various stages of law-making. Vidhi also conducts and freely disseminates independent research in areas of legal reform which it believes is critical to India’s future. Vidhi is an equal opportunity employer and neither practices nor tolerates any kind of discriminatory behaviour.

Role Description

Vidhi is interested in hiring a Research Fellow for the Vidhi Maharashtra Office. Vidhi Maharashtra aims at conducting legal research and facilitating legal reforms at the state level, by providing research and drafting assistance to the state government offices, and also through independent legal research. The Fellow will primarily work on inter-disciplinary projects in the domain of legal policy work that is tied to state level reforms, and will be expected to:

• Undertake high quality legal research, analysis and legislative drafting for engaged government projects as well as independent projects taken on by Vidhi at its own behest;
• Prepare quality reports, research notes and presentations;
• Participate in meetings with government officials and other stakeholders, for presenting Vidhi’s research work.

Eligibility:

Essential Requirements:

• Undergraduate and/or postgraduate degree in Law;
• At least 1-2 years of demonstrable work experience in the domain of legal research;
• Fluency in Marathi;
• Excellent legal research and writing/drafting skills;
• Excellent communication/presentation skills.

Desirable requirements:

• Experience in interacting with government officials, civil society groups, and concerned stakeholders;
• Prior experience in data gathering and empirical research methods; 
• Prior publications in legal journals and newspapers;

Location and Salary

• This is a full-time position based out of Mumbai (the Fellow will work remotely till further notice).
• The Fellow will be engaged in this position for a duration of one year, and renewal shall be subject to performance.
• Salary will be commensurate with qualifications and experience.

Application Process

• Interested candidates should apply through our online portal and must submit the following documents merged in one document:

1. Latest Curriculum Vitae (CV) in not more than two A4 pages;
2. An original writing sample of not more than 1000 words with an in-depth analysis on any recent legal issue, that demonstrates the candidate’s legal analysis and writing skills;
3. A brief statement of motivation in applying for the position, in not more than 500 words;
4. Names and contact details of two professional referees who may be contacted for references.

• The deadline to submit applications is 31 August 2021.
• Queries may be sent only through e-mail, titled ‘Vidhi Maharashtra – Application for Research Fellow’ addressed to careers@vidhilegalpolicy.in. Only shortlisted candidates will be contacted.

How to Apply?

https://vclp.kekahire.com/JobDetails/8958

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DESCRIPTION

Amazon’s Legal Department is looking for a smart and talented business lawyer to support our rapidly growing and evolving marketplace business in India. This is an individual contributor position based in Bangalore. Some domestic and international travel may be required. The Corporate Counsel will report to the Senior Corporate Counsel.
In this role, you will counsel our seller services, brand relations, marketplace trust and tech businesses on a broad range of legal matters involving foreign direct investment, competition, product compliance, consumer protection, Legal Metrology, information technology and intellectual property laws. You will be primarily responsible for advising on cutting-edge business initiatives; providing day-to-day corporate and business law counseling; conducting legal review and structuring of business programs and products; advising on procedural, compliance matters; and resolving issues that arise in existing commercial relationships and pre-litigation legal disputes. You will also be involved in structuring, drafting and negotiating day to day as well as complex high value contracts. You will work independently with various business teams, serving as counsel for development and launch of key seller and brand programs for Amazon.in marketplace.
In doing your job, you will work in close coordination with global legal teams and external counsel. You will closely coordinate with the global legal teams and outside counsel. In addition to business teams, you will lead initiatives in liaison with tax, litigation, finance, public relations and public policy teams.

Estimated Bifurcation of Essential Functions
· Structure, draft and evaluate new engagement models for different business. Continuously work with business teams to review existing models with intent to simplify them on ongoing basis. (50%)
· Provides day-to-day legal advice on marketplace (seller and brand protection) business. (25%)
· Work with legal leadership and team members to develop practice standards and department processes, effectively communicate legal and policy issues in a timely and proactive manner. (10%)
· Lead and liaise on cross-functional initiatives with litigation, public policy, public relations and tax teams. (10%)
· Work with stakeholders to keep policies current and impart legal training to stakeholders. (5%)

BASIC QUALIFICATIONS

· Law degree (LLB) from a leading university or law school
· 8+ years of legal experience (with several years of experience at a leading law firm and/or in-house at a large organization employing large number of employees).
· Company Secretarial certification and practice experience in India

PREFERRED QUALIFICATIONS

· A mix of corporate law firm and in-house experience in India is a plus
· Experience in advising multi-national companies and businesses operating at scale
· Excellent organizational skills and the ability to simultaneously manage multiple projects, smartly prioritize and meet stringent deadlines.


Amazon is an equal opportunity employer and does not discriminate on the basis of race, national origin, gender, gender identity, sexual orientation, protected veteran status, disability, age, or other legally protected status.

https://account.amazon.jobs/en-US/login?job=1473556&relay=%2Fen-US%2Fjobs%2F1473556%2Fapply%3Fcmpid%3DSPLICX0248M%26ss%3Dpaid%26utm_campaign%3Dcxro%26utm_content%3Djob_posting%26utm_medium%3Dsocial_media%26utm_source%3Dlinkedin.com

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Online applications are invited from the prospective candidates through the proformna application to be made available on the Website of the Commission (http://opse.gov.in). The link for registration/re-registration and payment of examination fee shall be available from 10.08.2021 to 09.09.2021 (Note: 17.09.2021 is the last date for submission of Registered Online Application.) for recruitment to 46 (Forty Six) posts of Assistant Public Prosecutor (Group-B) in the Odisha Sate Prosecution Service (OSPS cadre) under Home Department in the Scale of Pay of Rs.44,900/- of Level-10, Cell- 01 of Pay Matrix under ORSP Rules, 2017 (Rs. 9,300/-34,800/- with Grade Pay of Rs. 4,600/- pre revised) with usual Dearness and other Allowances as may be sanctioned by the Government of Odisha from time to time. The posts are temporary and likely to be made permanent.

Name of the Post

Assistant Public Prosecutor (Group-B)

No. of Posts

46 (Forty Six)

Age

A candidate must not be below the age of 21 years and above 35 years of age as on the 1st day of January, 2021 i.e. he/she must have been born not earlier than 2nd January, 1986 and not later than 1st January, 2000.

Educational Qualification

• A candidate must possess a Bachelor’s Degree in Law froma recognized University.
• He/ She should have at least 2(two) years of experience as practicing Advocate.

Examintion Fee

A candidate is required to pay a non-refundable and non-adjustable fee of Rs.500/- (Rupees five hundred) only. Candidates belonging to Scheduled Caste and Scheduled Tribe of Odisha and Persons with Disability (whose permanent disability is 40% and more) are exempted from payment of this fee.

Plan of Examination

The recruitment for the post of Assistant Public Prosecutor will consist of the following successive stages

(a) Written Examination – The written examination shall be of one paper carrying 130 marks of two and half hours duration with objective type questions of multiple choice (MCQ) pattern.

(b) Viva-voce test-There shall be twenty (20) marks for viva voce test. Depending upon the marks awarded to the candidates in Written Examination, the Commission will shortlist the candidates in the ratio of 1:3 with reference to the number of vacancies.

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Responsibilities

• Prepare, review, and modify legal documents/contractual instruments to assist and support various business activities/functional departments.
• Negotiate, review and draft documentation for business transactions and prepare and advise on various aspects of laws to various functional departments.
• Develop and oversee control systems to prevent or deal with violations of legal guidelines and internal policies.
• Supervise project interns on day-to-day Legal operations and contract executions.
• Offering counsel and advice on a employment law and related issue.
• Working alongside other departments within the company
• Managing all post contract execution compliances.
• Ability to create and manage a Contract Compliance framework.
• Advising on contract status, legal risks, and the legal liabilities associated with different deals.
• Researching and anticipating unique legal issues that could impact the company
• Providing training to the company on legal topics and risks.
• Prepare monthly and quarterly reports for the legal department for management meetings.
• Should be comfortable working in a fast-paced environment with broad, generalist responsibilities, but with specialist legal subject skills in commercial law and regulatory matters.

Requirements

• LLB (5-7 years) from a reputed University
• Well versed with issues pertaining to employment law and related fields.
• Proven experience as Contracts manager
• In-depth knowledge of the industry’s standards and regulations
• Excellent knowledge of reporting procedures and record keeping
• A business acumen partnered with a dedication to law and compliance
• Methodical and diligent with outstanding planning abilities
• Characteristics of a forward thinker and self-starter that flourishes with new challenges and adapts quickly to learning new knowledge
• An analytical mind able to “see” the complexities of procedures and regulations
• Excellent communication skills

Location

Mumbai

How to Apply

Please send the email to Prateek.sharma@fractal.ai with the position as subject line.

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Name of the Post: Professor in Law

No. of Posts: 01

Grade: Rs. 37400-67000+AGP 10000 The Teacher shall be paid as fixed salary (consolidated within the pay scale) of Professor as per RGNUL Regulations i.e. Basic Pay + AGP + DA as admissible at the time+House Rent and Medical Allowance 

Prescribed Qualifications: 

A. (i) An eminent scholar with Ph.D. qualification in the concerned / allied / relevant discipline and published work of high quality, actively engaged in research with the evidence of the published work with a minimum of 10 research publications in the peer-reviewed or UGC-listed journals and a total research score of 120.

(ii) A minimum of Ten years of teaching experience in a university/college as Assistant Professor/Associate Professor/ Professor, and/or research experience at equivalent level at the University/National Level Institutions with evidence of having successfully guided doctoral candidate. Or

B. An outstanding professional, having a Ph.D. degree in the relevant/allied/applied disciplines, from any academic institutions (not included in A above)/industry, who has made significant contribution to the knowledge in the concerned/allied/relevant discipline, supported by documentary evidence provided he/she has ten years‟ experience.

Name of the Post: Associate Professor in Law

No of Post: 01

Grade: Rs. 37400-67000+AGP 9000 The Teacher shall be paid as fixed salary (consolidated within the pay scale) of Associate Professor as per RGNUL Regulations i.e. Basic Pay + AGP + DA as admissible at the time+House Rent and Medical Allowance

Prescribed Qualifications: 

(a) Good academic record, with a Ph.D. degree in the concerned / allied / relevant disciplines;

(b) 55% of marks, or equivalent grade wherever grading system is followed at the Master‟s Degree level.

(c) A minimum of eight years of experience of teaching and / or research in an academic / research position equivalent to that of an Assistant Professor in a University / College or in an Accredited Research Institution/industry with evidence of published work and minimum of seven publications per books and/or research/policy papers in peer reviewed or UGC-listed journals and a total research score of at least Seventy Five (75), as per UGC norms

Name of the Post: Assistant Professor in Sociology

No of Post: 01

Grade: The Teacher shall be paid as fixed salary (consolidated within the pay scale) of Assistant Professor as per RGNUL Regulations i.e. Basic Pay + AGP + DA as admissible at the time+House Rent and Medical Allowance

Prescribed Qualifications: 

(i) A good academic record with minimum 55% of marks at the master‟s level in the related subject; and

(ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be exempted from NET/SLET/SET :

A) Provided, the candidates registered for the Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bye-laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions:

(a) Ph.D. degree of the candidate awarded in regular mode only;

(b) Evaluation of the Ph.D. thesis by at least two external examiners;

(c) Open Ph.D. viva voce of the candidate had been conducted;

(d) Candidate has published two research papers from his/her Ph.D. work out of which at least one must be in a refereed journal;

(e) Candidate has presented at least two papers based on his/her Ph.D. work in conferences/seminars sponsored/funded/supported by the UGC/ICSSR/ CSIR or any similar agency. The fulfillment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned Or

B. The Ph.D degree has been obtained from a foreign university/institution with a ranking among top 500 in the World University Ranking (at any time) by any one of the following (i) Quacquarelli Symonds (QS) (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao Tong University (Shanghai). For Assistant Professor of Law Only: Specialization in the field of : Corporate / Business / Company Law / Taxation Law. Banking / Insurance & Insolvency Law. Criminal Law / Criminal Justice / Victim Justice / Empirical Legal Research

 Name of the Post: Research Associate

No of Post: 03

Grade: With Fixed Salary of Rs. 50,000/-

Prescribed Qualifications: 

LL.M. / Post Graduate in concerned subject (55%), on the fixed salary of Rs. 50,000/- per month with at least One Year of Research/Project Experience will be essential.

Specialization in the field of :

a) Corporate / Business / Company Law / Taxation Law

b) Banking / Insurance & Insolvency Law

c) Criminal Law / Criminal Justice / Victim Justice / Empirical Legal Research

d) IPR / Constitutional Law / Environmental Law

Name of the Post: Legal Advisor cum Research Associate

No of Post: 01

Grade: With Fixed Salary of Rs. 50,000/-

Prescribed Qualifications: 

LL.M. / Post Graduate in concerned subject (55%), on the fixed salary of Rs. 50,000/- per month with at least One Year of Research/Project Experience will be essential. Experience of legal practice of at least 5 years preferably in educational/service matters.

Name of the Post: Advisor- Forensic Laboratory at RGNUL

No of Post: 01

Grade: Consolidated salary of Rs. 50,000/-

Prescribed Qualifications: 

Should be an Academician/Professional in the field of Forensic Science with at least five years experience teaching & Research/Lab work in recognized institutions. The candidate having Doctorate Degree will be preferred. Having experience in Criminalistics and Forensic Science Laboratory. Collaborated with Central Forensic Science Laboratory.

Name of the Post: Registrar

No of Post: 01

Grade: Consolidated Approximately Rs. 60,000/

Prescribed Qualifications:

Master’s Degree with at least 55% of the marks or its equivalent grade of ‘B’ in the UGC 7pt scale along with a good academic record as laid down by the UGC.

Desired Qualifications:

(i) Having LL.B./CA with 55% marks.
(ii) Proficiency in English Language and computer literacy and in Administrative Work / in Education Institutions and others

Name of the Post: Stenographer (English)

No. of Post: 01

Grade: Consolidated Approximately Rs. 35,000

Prescribed Qualifications:

Candidate should have passed B.A. or Second Class Intermediate / Senior Secondary or 10+2 or First Class Matriculation of a recognized University / Board with a minimum speed of 100 (hundred) word per minute in English Short-hand. The candidate should be able to transcribe the matter at the speed of 15 (fifteen) word per minute Candidate should have atleast 3 (three) years experience as Steno-Typist / Stenographer and competent to work on Computer.

Note

1. Candidates shall be called for interview after due scrutiny and short listing of the applications. Being eligible shall not confer any right to be called for interview.

2. The University reserves the right to withhold the post at any stage before appointment.

3. The appointment shall be subject to verification of antecedents.

4. Salary will be fixed as per RGNUL Rules.

5. No. TA/DA shall be paid for attending the interview.

6. The University reserves the right to increase/decrease the number of posts and withhold their filling up, any time. The University reserve the right not fill any of the above mentioned position.

7. Candidates should not be less than 18 years and not more than 40 years in age on the date of Interview (for non-teaching post).

8. The higher pay within the aforesaid pay scale may be given to the selected person with experience, if so recommended by the Selection Committee or so determined by the University Authorities.

9. Vacancies resulting from the selection may also be considered appropriately in this recruitment by the selection committee.

10. For relaxation in age for recruitment admissible for SC/ST and other different categories – shall be as under

Rules for relaxation in age (in respect of Administrative and Ministerial Staff)

There shall be relaxation in age for appointment to the University services as under:

1. The SC/ST/ Backward Class/ Persons with Disability / Physically Handicapped upto five years.

2. Ex-Servicemen to the extent of service rendered in the Armed Forces of the Union of India subject to the usual terms and conditions.

3. In case of women in the following categories upto 10 years.

a. Widow

b. Women who are legally separated from their husbands or have been divorced.

c. Women whose husbands have been ordered by Civil or Criminal Courts to pay maintenance to them.

d. Women who have because of their desertion, been living separately from their husbands for more than two years.

e. Women whose husbands have re-married.

f. Wives of the Defense Personnel Killed in action or disabled while in service

4. Self employed person having technical skills and practical experience in vocations or utilities required by the University shall be allowed a maximum of (10) ten years of relaxation in age, subject to the condition of physical fitness to perform the work efficiently.

5. The persons who have rendered service in any Government / Semi-Government / Autonomous Bodies / Other Public Undertakings, may be allowed relaxation in age upto the period of actual service rendered there.

6. The persons who have served RGNUL, on adhoc/ contractual / temporary basis shall be allowed relaxation in age of actual service at the University for the purpose of recruitment as regular / contractual including extension of contractual employment

The payment can be made through SBI collect. Fee for teaching Post Rs. 750/- (Rs. 500/- for SC/ST/SAP Categories) and for Non-Teaching Posts application fee of Rs. 750/- (Rs. 500/- for SC/SAP) and the application form fee for the post of Stenographer Rs. 500/- (Rs. 300/- for SC/SAP Categories). Forms fee is excluding GST.

How to Apply

Teaching Positions: https://www.rgnul.ac.in/page.aspx?page=51
Non-Teaching Positions – https://www.rgnul.ac.in/page.aspx?page=51

Payment

Link for payment Teaching/Non-Teaching https://www.onlinesbi.com/sbicollect/

Name of the Post 

Assistant Registrar

No. of Vacancies

01 (UR)

Pay Matrix level

PB – 2 9300- 34800+4200 (GP) (Level – 6)

Essential Qualifications

Degree in Law from a recognized University or equivalent qualifications

Desirable Qualifications

• About 2 years experience in dealing with Labour Laws or as an Advocate
• Knowledge of local language

Age

• Age should not be more than 45 years as on last date of filing the application i.e. 10/08/2021, (Relexable to reserved candidate and for Government Servant in accordance with the instructions or orders issued by the Government from time to time).

Verification Of Documents

All the original essential certificates/documents required as per the eligibility criteria for particular posts alongwith following documents shall be verified:

a) Birth Certificate.

b) Valid Employment Registration issued by the Employment Exchange.

c) Valid 15 years residence certificate issued by the competent authority except in the case of Ex-servicemen and those persons who are not of Goan Origin but are married to a person of Goan origin residing in Goa for at least 15 years and are settled in Goa for a period of one year and above after marriage.

d) Candidates who are not of Goan Origin but are married to a person of Goan Origin residing in Goa for at least 15 years and are settled in Goa for a period of one year and above after the marriage, should produce their marriage certificate and valid 15 years residence certificate issued by the competent authority in respect of their spouse alongwith their documentary evidence issued by the competent authority that they are settled in Goa for a period of one year and above after the marriage.

e) Ex-servicemen candidates should produce valid certificate regarding his/her 05 years continuous residence in the State of Goa issued by the competent authority

f) If the candidates has effected the change of name/surname after acquiring Educational Qualification or at any stage should produce valid documentary evidence to that effect issued by the competent authority.

g) Valid OBC certificate in the prescribed form issued by the Sub Divisional Magistrate and Dy. Collector of Goa of the respective areas in the case of OBC candidate in support of his/her claim.

h) SC/ST certificate in the prescribed form issued by the Sub Divisional Magistrate and Dy. Collector of Goa of the respective areas in the case of SC/ST candidate in support of his/her claim.

i) Social status certificate issued by the competent authority in the case of the candidate belonging to SC/ST and OBC categories (if available).

j) Certificate from Rajya Sainik Board or any other competent authority in the prescribed form in support of Ex-servicemen claim

General Instructions

a) No certificates or documents are to be annexed with the application form by the candidates.

b) Soliciting or canvassing in any form or influencing the Office of the Commissioner, Labour and Employment in any manner by a candidate shall disqualify the candidature and the decision of the Commissioner, Labour and Employment in this respect shall be final.

c) Separate application forms should be submitted for different posts.

d) Applications received after the prescribed date will be rejected.

e) No travelling allowance or any other allowance will be paid to the candidate for attending Written/Proficiency test, etc.

f) The details pertaining to examination schedule will be uploaded on the website of this Office www.labour.goa.gov.in and Government Portal www.goa.gov.in and also will be informed to the candidate through call letters. All future correspondence shall be informed by registered AD.

g) The Government reserves the right to cancel the recruitment process at any time without any further notice and without assigning any reason thereof.

Selection Procedure

Written examination of the eligible candidates will be conducted for the purpose of final selection of the candidates. The total marks allotted for the written test is 100 marks of 02 hours durations. The selection of the candidates would be entirely based on the marks secured in the written test and no weightage would be given to any other aspects such as additional educational qualification, additional experience etc. The syllabus for the written examination will be as under:

(i) Analytical ability, (ii) General Knowledge (iii) Comprehensive Language (iv) Mathematical ability (v) Current affair (vi) Indian Constitution (vii) Indian History & Geography (viii) State and Central political affairs (ix) Labour Laws and (x) Quantitative Aptitudes.

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About GullySales

GullySales offers software for designing sales and marketing processes – plus the consulting, training and support – to scale businesses growth.

Location

Remote (Work from Home)

Compensation

Stipend – 5000/month
Internship Duration – 3 months

Responsibilties

Content Writer responsibilities include:
● Researching industry-related topics (combining online sources, interviews and studies)
● Writing clear marketing copy to promote our products/services
● Preparing well-structured drafts using Content Management Systems

Job brief

We are looking for a Legal Content Writer to join our editorial team and enrich our websites with new blog posts, guides and marketing copy. Content Writer responsibilities include conducting thorough research on industry-related topics, generating ideas for new content types and proofreading articles before publication. If you’re familiar with producing online content and have an eye for detail, we’d like to meet you. Feel free to share samples of your work or portfolio of your published articles, along with your application. Ultimately, you’ll deliver quality writing pieces that appeal to our audiences, attract customers and boost brand awareness.

Responsibilities

● Research industry-related topics (combining online sources, interviews and studies)
● Write clear marketing copy to promote our products/services
● Prepare well-structured drafts using Content Management Systems
● Proofread and edit blog posts before publication
● Submit work to editors for input and approval
● Coordinate with marketing and design teams to illustrate articles
● Conduct simple keyword research and use SEO guidelines to increase web traffic
● Promote content on social media
● Identify customers’ needs and gaps in our content and recommend new topics
● Ensure all-around consistency (style, fonts, images and tone)
● Update website content as needed

Requirements

● Portfolio of published articles
● Experience doing research using multiple sources
● Familiarity with web publications
● Excellent writing and editing skills in English
● Hands-on experience with Content Management Systems (e.g. WordPress)
● Ability to meet deadlines

How to Apply

Interested candidates please share the resume to careers@gullysales.com

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INTRODUCTION

“After I die if I am buried I will rot. If I am burnt I will become ash but if my body is donated I will live to give life and happiness to man”

Organ donation is donating a donor’s organ for the purpose of transplanting them into another person who is in need of that organ. According to the survey In India, approximately five lakh people die due to lack of organs, every year. The organ donor plays a big role in saving the life of others. In India every year, 13^th  of August is celebrated as Organ Donation day  to motivate human beings to pledge to donate organs after death and spread awareness about the importance of organ donation.

Types of Donation

Two types of donations – namely Organ donation and Tissue Donation

Organ Donation

In Organ Donation, donated organs from a living or deceased person, called a donor, transplanted  into a recipient, a patient suffering from organ failure and will not survive unless he receives an organ replacement. There are two types of organ donations – Living organ donation and Deceased organ donation. 

1. Living organ donation

Organ donation from near relatives or distant relatives/ friends of a recipient are living donors. 

2. Deceased organ donation

 organ donation from a person has been declared brain stem dead by an authorized doctor at a hospital.

Tissue Donation

Tissue Donation is a practice in which donated tissues from a living or a deceased person referred to as a donor transplanted into the recipient who needs it.

Organs that can be donated 

Eight organs can be donated by the person while still alive and a person after death.

• Kidneys 

The demand for kidneys is the highest of all organs. The deceased donor can donate both kidneys.  A living donor can donate one kidney and function well for the rest of their lives.

• Liver

Bile production and excretion is primary function of the liver. It can regenerate by itself. A donated liver from a deceased donor can additionally be split into two pieces and transplanted into two different people. However, a living donor can remove a portion of his liver to donate to the recipient, and the remaining portions will regenerate.

• Heart

It pumps blood through the human body. After the heart recovered from its donor, survived 4-6 hours only.

• Lungs

Deceased donors can donate single or double-lung. Living donors can donate a single lobe from the lungs, although it will not regenerate.

• Pancreas

A living donor can donate a portion of the pancreas. Still, his pancreas can function properly. A deceased donor’s pancreas can be transplanted into recipients.

• Intestine 

Quite rarely, a living donor can donate a portion of the intestine. Although, a deceased donor can donate their intestine.

Tissue that can be donated

You can also donate tissues like corneas, skin, bones, ligaments, heart valves, etc. In less than 6 hours of the donor’s death, tissues must be donated.

Legal Aspect of Organ Transplantation in India

The main objective of the Transplantation of Human Organs Act, 1964, is to regulate the removal, storage, and transplantation of human organs and prevent them from commercial dealings. Maharashtra, Himachal Pradesh, and Goa requested the act, and was initiated and was adopted by all the states except Andhra Pradesh and J&K.

Main provisions of the THO Act (including the rules of 2014 and amendments)

• Under form 10, as a form of death, brain death is recognized. The criteria and process for brain death certification is also defined
• The Act allows the transplantation of human organs and tissues from living and deceased donors to the recipient.
• It setups regulatory and advisory bodies to monitor transplanting activities.

1. Appropriate Authority 

They have the authority to grant and inspect registration to hospitals for transplantations that enforce required standards for hospitals and conducts regular inspections to check the quality of transplantations. They also have the authority to conduct investigations regarding breach of provisions under the Act.

2. Advisory Committee

It consists of experts who shall advise the appropriate authority.

3. Authorization Committee

It prevents commercial dealings in transplantations and ensures that the living donor is not exploited for monetary considerations. All the proceedings are to be video recorded and decisions must be notified within 24 hours. Appeals against the committee’s decision may to the state or central government.

4. Medical Board

It includes a panel of doctors who are responsible for certification of brain death.

• Act states that living donors include a close relative of the recipient or a non-related donor. An authorization committee established by the state government permits the non-related donor to donate their organs.
• Act provides that who has Authorization for organ donation after brain death

1. The deceased person is given authority before his death. 
2. The person in Legal possession of the body has the authorization for organ donation.
3. Act also outlined the authorization process for organ or donation from unclaimed bodies.

• It states that organ retrieval from any hospital having an ICU facility once registered with the appropriate authority is permitted.
• It states that cost of donor management, retrieval, transportation, and preservation to be endured by the recipient, government, and not by the donor family.
• It provides procedure for organ donation in medico-legal cases defined to avoid delay in retrieval of organs and determination of the cause of death
• It outlines the infrastructure, equipment requirements, guidelines, and standard operating procedures for tissue donation banks.
• It defined the qualifications of transplant surgeons, cornea, and tissue retrieval technicians.
• Under the Act, the appointment of transplant coordinators was made compulsory in all transplant centers.
• It states that the registration is required for the Ngo, registered societies and trusts, working in organ or tissue removal, storage, or transplantation field.
• The central government must maintain a record of the donors and recipients of human organs and tissues
• Act, at last, provides penalties for 

1. removal of organs without authority authorization,  
2. receiving or making payments for the supply of human organs,
3. the Act which contravenes any other provisions.

Ethical Aspect of Organ Donation in India

The growing gap between the poor and rich and the lack of an implementation of a national health scheme, to some extent, the presence of modern technology in the country makes the process of retrieval of organs a simple, attractive, and quick business proposition for some people and a solution for others. Organ trade in India comprises a societal issue. Rich people allured poverty-stricken people with financial gains that at times can be a large amount and can meet their immediate short-term financial needs. Making human organs a commodity is not an alternative that can be acceptable to overcome organ shortages in a civilized society. It erodes moral, social, and ethical values. The ethics of organ transplantations in India has always been on a slippery slope.

Certain Myths and Facts about Organ Donation in India

• Myth– what if a person recovers from brain death?

Fact– It is impossible to recover from brain death as many tests to establish brain death are done.

• Myth – the donor’s family will have to pay additional charges for organ donation to the hospital.

Fact- the donor’s family will not have to pay extra money to the hospital for organ donation. 

• Myth– if a person donates organs, he will be born without them in the next birth.

Fact– when the deceased person is cremated, his organs are destroyed anyway. Since the physical body does not survive death,  organs hold no relevance, even if you believe in rebirth.

• Myth – organ donation and transplantation is forbidden under religions.

Facts – all religions have the concept of giving and helping others. So religion never forbids organ donation and transplantation.

• Myth- once a person became an organ donor, he can never change his min. 

Fact- At any time, you can withdraw your registration and tear up your organ donor card and change your mind.

Conclusion

There is high demand and a low supply of organs led to its commodification. The only solution to this problem is by creating awareness about organ donation. Organ donation from one person can save up to 9 lives and improve many others’ lives. Due to the lack of awareness about the topic in India and the prevalence of myths about organ donation, a majority of people do not take up this noble cause. There are lots of loopholes in the THO Act. To a large extent,  the Act failed because of the way authorities and hospitals interpreted and implemented it.

Bibliography

• https://www.organdonor.gov/learn/process
• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2779960/
• https://www.organindia.org/organ-transplant-laws-made-easy/
• https://www.organindia.org/myths-and-facts/

This article is written by Megha Patel, a 2^nd year Law Student at the Mody University of Science and Technology, Laxmangarh, Rajasthan.

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INTRODUCTION

We are governed by the constitution, but the constitution is what the judges say it is, and the judiciary is the tool to safeguard our liberty, and our property under the constitution- says Charles Evans Huges. The quote connotes to us the importance of the Judiciary and the judges in upholding constitutional values.  The concept of judicial review is not a new concept to India and the doctrine of judicial review prevails in every written constitution. The Superior courts have exclusive power of judicial review. In general, Judicial review is used as a tool to prevent the gross violations of the legislative and executive actions and to avoid violation of the constitution and its principles.  

Ambit and existing constitutional provisions of Judicial Review

The ambit of the judicial review in India extends to three branches of government:

1. Judicial review  on the Legislative Action
2. Judicial review on the executive actions 
3. Judicial review of the judicial decisions.

Seervai had noted in his book titled Constitutional Law of India that “It is a familiar feature of the constitutional design of Canada, Australia and India, although the doctrine of Separation of Powers is absent from the Indian constitution in a strict sense, but the government of India has differentiated its functions sufficiently so that one organ could not usurp that of another”. Judicial review is incorporated into a number of statutes and constitutional provisions. Article 13 of the Indian Constitution provides expressly for judicial review of all Indian legislation, both prospectively and retrospectively. High courts are empowered to review decisions under articles 226 and 277, while the Supreme Court is empowered under articles 32 and 133,134 and 136.  Yet the judicial review had its own limitations.

History and Development of Judicial Review

Judicial review is one of the most significant contributions of the American constitution to India. Chief Justice Marshall noted in Marbury v. Madison what the Court’s duty would be in cases of conflict between ordinary law and the Constitution, where the Constitution would prevail. According to another observation, “the constitution is either a supreme law that cannot be altered by ordinary means or it is on the same level as ordinary legislative acts and can be altered when the legislature deems it appropriate”.  Later India had been developed from this stage of observations through various precedents.  A concept of judicial review already existed In India before the constitution was framed.  In 1935, the government of India act created the Federal Court as a means of arbitrating center-state disputes and for maintaining a vigil over constitutional violations.  Before the Supreme Court of India replaced the federal courts, they vigorously worked on maintaining constitutionality. Until the emergency, the Supreme Court of India had adopted a limited tradition of applying for limited judicial review. The courts have always been pro-legislative, which is obvious from their decisions in A.K. Gopalan’s case. Further, the doctrine of separation had a considerable impact on this concept.  During 1950-1975 there was no much influence of judicial review, but soon thereafter, the Supreme Court of India delivered a number of judgments that helped enshrine judicial review.

 Judicial review and precedents:

The foundation of the judicial review is that any law of the land should not be in violation of the Supreme law of the land that is “constitution”. This was held by the court  in Shankari Prasad vs. UOI it was stated that the judicial review power is limited to Ordinary law and not to Amendments to the Constitution.  While the judgment was reversed in the Golak Nath case and there comes a remarkable judgment Kesavananda Bharati v. State of Kerala. The Supreme Court prevailed by asserting its institutional role vis-à-vis Parliament and enhancing judicial review of its decisions through the Basic Features doctrine. There are numerous cases including Sampath Kumar vs. Union of India , Coelho vs. State of Tamil Nadu, Hollohan vs. Zachillhur, and even the recent case of Navjot Singh Joher vs. Union of India.  Over the years, the doctrine of basic feature has become the bedrock of constitutional interpretation in India. As the result of these precedents, the power of judicial review had become part of the basic structure doctrine of the constitution, and it remains permanent even after the constitutional amendment. Now, judicial review was established through the basic feature doctrine.

Limitations to Judicial Review 

Judicial review is still subject to limitations even after it is invoked through the vast interpretation. Constitutional approval of emergency rules at times when national security is undermined is another obstacle to the intensity of the Supreme Court. Under emergency rule, the powers of the national government, and specifically of the chief executive, overstate governments are enhanced. As noted in Article 358, the opportunities set out in Article 19 are suspended during the declaration of Emergency and will continue to be so long as the Emergency is declared. With Article 19 rights adjourned in this manner, no law-based limitations on judicial or legislative power are retained by the constitutional provision. If a State makes a law during this time period, it can’t be tested on the criteria that the law does not conflict with the rights guaranteed by Article 19.

Specifically, article 34 of the Constitution of India empowers the Parliament to reimburse any member of the government or any other individual, for any demonstrations they make in any place within the domain of India where martial law is in force with regards to maintaining or restoring order. Furthermore, it can approve any sentence passed, dispensed, relinquishment order, or other act done under Martial Law.

Discretionary power or Delegated legislation: If judicial review is sought of administrative action, there is a weaker presumption of validity than if judicial review of statutes is sought Even so when the legislature explicitly leaves a matter to the discretion of an administrative authority, the courts have adopted a restrained attitude. It has been said that we can’t question the legality of the exercise of discretionary power unless and until it has been abused.

Conclusion

There are a number of counterclaims against the judicial review turned down as judicial overreach. There are claims that the Supreme Court’s new role violates the doctrine of separation of powers; it is claimed that by formulating policy and issuing directions concerning various aspects of the country’s administration, it has intruded into the realm of the executive and legislature. In the end, the judicial review confirms the justice and creates further judicial activism, but at the same time, there is a risk that it trespasses into legislative and executive powers. These limitations were brought with intent in creating balance and harmony between the judicial review and overreach. 

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This article is written by Bharatee Preeya A.K. a budding lawyer pursuing B.B.A.LL.B (hons) from Alliance University Bangalore.

INTRODUCTION

In this everchanging world, all the technological advancements are happening at a very fast pace, that has revolutionized certain aspects of our lives. During the last few decades, globalization has affected certain aspects of our social lives too, like relationships, marriage, family structure, etc. Marriage is the socially and legally accepted form of relationship between couples. Two people of the opposite sex living together, without marrying is not a common thing in India and is considered to be taboo. At present, few people prefer to commit to a live-in relationship, where two people enter into a relationship and cohabitate for a significant amount of time, without getting married. This would mean that the couple could live together as a married couple without the hustle of actually getting married, and if at any point of time, of they want to get separated, they can do so without going through the process of divorce, but it is not sure of the women and the children will get the same rights as those in legally recognized marriage. But the live-in relationship is not recognized by the legislation and they are governed by the guidelines given by the judiciary. This article will look into the legal status of the women in a live-in relationship and the children born out of a live-in relationship.

Judicial Precedents

The first case in which the Indian Supreme Court recognized a live-in relationship and said that it is a valid marriage was in the case of Badri Prasad v. Director of Consolidation. In this case, the Court gave validity to the live-in relationship which lasted for fifty years. It was held that a strong opinion would be there in favor of the wedlock when the partners have lived as husband and wife for a long time. further, the court held that the burden to rebut this opinion lies on the person who wants to remove the relationship of its legal origin. In the case of S. Khushboo vs. Kanniammal, the Supreme Court held that living together is not illegal according to law, despite it being considered to be immoral by the Indian society. The court went on to say that living together is a right to life and so it is not illegal.

In the judgment of Indra Sarma v. VKV Sarma, where the issue was of domestic violence in a live-in relationship, the court said that the live-in relationships will fall under the expression of ‘relationship in the nature of marriage’ under section 2(f) of the Domestic Violence Act of 2005. In deciding this case, the court said the current relationship in question is not a ‘relationship in the nature of marriage’ because it does not have the essential characters of a marriage and it also doesn’t fall under the definition of domestic relationship under section 2(f) of the Domestic Violence Act of 2005. In this case, the appellant committee into a relationship with the respondent despite knowing that he is married with two children, who opposed this relationship right from the beginning. The court further said that, if they were to validate the relationship between the appellate and the respondent, it would amount to a huge injustice to the legally wedded wife and the children of the respondent. Finally, the court held that the Domestic Violence Act does not look into relationships of this nature.

In the case of Tulsa vs. Durghatiya, which was regarding the legal status of the children born from a live-in relationship, the court held that since the parent of the child has co-habited for a long time for the society to recognize them as a husband and wife, the child should be considered to be a legitimate child and further said that a child born out of a live-in relationship should have the property right.

Status of Women

• Domestic violence:

In a relationship, women can claim protection under the Domestic Violence Act of 2005. The status of a woman in a live-in relationship is not equivalent to a wife but it is close to it, provided the couple has lived together for a considerable amount of time and their relationship is in the nature of marriage. This was applied by the Punjab and Haryana High Court in the case of Ajay Bhardwaj v. Jyotsna, where the court awarded the woman of a live-in relationship a sum of Rs. 40 lakhs as maintenance and the court also referred to the 2003 report of the Malimath Committee, ‘Reforms in the Criminal Justice System’, which recommended that the term wife’ in section 125CrPC should be replaced with a woman, who is living with a man like a wife for a considerable amount of time.

The Supreme Court has also recognized dowry as violence committed against the woman in a live-in relationship. In the case of Koppisetti Subbarao Subramanian vs. State of Andhra Pradesh, the court rejects the defendant’s claim that a live-in relationship does not apply to Section 498A of IPC because he was not married to the woman.

• Maintenance:

Section 125 of the CrPC provides the legal right to maintenance to wives. The Malimath Committee Report and the 8^th Law Commission recommended the inclusion of women in a live-in relationship within the purview of this section, under wives. The courts have also come up with the concept of palimony, which is similar to alimony but was give during the separation of unmarried couples. This concept was derived from the landmark judgment of the California Supreme Court in Marvin v. Marvin. The Supreme Court of India recognized this in the case of Velusamy v. Patchaiammal. In this case, the right to palimony was awarded in a live-in relationship as an equivalent to alimony.

• Inheritance:

Since there is no legislation recognizes live-in relationship, simply co-habiting does not give people the right to inherit from each other. Hence, in case of the death of one person in a live-in relationship, the other person has no right for their property, unless there is a will that states the contrary.

Status of Children

• Legitimacy:

The Courts of India have time and again talked about the legitimacy of the child in a live-in relationship. Recently in the case of Xxxxxxxxxx vs State Of Kerala, the Kerala High Court referred to the Indian Constitution and said that every person has the right to live with dignity and on the basis of Article 14 and 21, the High Court said that, a child born in a live-in relationship will be considered as legitimate child and they would also have the property right, right to maintenance, and so on. Section 16 of the Hindu Marriage Act of 1955 and Section 26 of the Special Marriage Act, say that children born out of the void and voidable marriages were considered to be legitimate or deemed to be legitimate, respectively.

• Inheritance:

In the above-mentioned case of Tulsa v. Durghatiya, the Supreme Court granted the property right to a child born out of a live-in relationship. According to subsection (3) of Section 16 of the Hindu Marriage Act of 1955 and Section 26 of the Special Marriage Act, these children have the right to the inherent property of their parents. In the case of a Hindu Undivided Family, the child cannot be a coparcener and do not have rights over the family properties, 

CONCLUSION

If a person wants to pursue a live-in relationship or get married is their own decision and the government should support it. The judiciary has supported it, and this is evident by all the judgments that the judiciary has given. As with the changing times, everything around us should also change to stay relevant. There is not yet single legislation that looks into the rights of the people involved in a live-in relationship. Hence, the legislation should look into the creation of the same.

This article is written by Santhiya V, pursuing BBA LLB (Hons.) at Alliance University.

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