July 2021 – Page 23

United Nations Commission On International Trade Law: History

UNCITRAL which in full stands for United Nations Commission on International Trade Law is a body established by the United Nations Assembly on the 17^th December 1966. The UNCITRAL headquarters are in Vienna (Austria). The purpose of the abovementioned commission is to promote the progressive harmonization and unification of international trade law governed by conventions and other instruments. That is, in a case where there is a dispute in relation to the international sale of goods, there are rules and laws enacted by the said commission which tend to resolve any arising dispute between contracting states. This is made possible by passing of instruments such as conventions and models laws that govern the formation of international sale of goods.

Members/Structure Of The Commission

The Commission is composed of sixty members. The discretion to select the member states lies within the United Nations General Assembly. The membership takes the duration of a maximum of six years with the membership expiring every three years. The membership ensures representation of the world’s geographic regions and principal economic and legal systems. There are 14 member states from Africa, 14 from the Asia-Pacific region, 10 from Latin-America and the Caribbean, 8 from the Eastern Europe and 14 from Western Europe and Others.

How The Commission Functions

The commission works in 6 UN languages, namely; Arabic, Chinese, English, French, Russian and Spanish. The decisions made by the Commission are made on a consensual basis. That is, for a decision to be passed by it, there has to be consent made by the participants on the seating. The participants include member states, observer state and non- and inter-governmental organizations.

The participants have a mandate to finalize and or adopt the drafts referred to by the working groups of the commission. The working groups are divided into six with each having its own obligations. The first working group focuses on micro, small and medium sized enterprises. Secondly there is a working group whose mandate is to settle disputes. There is also an ISDS Reform working group. The fourth working group is based on electronic commerce. The fifth working group works on insolvency law and the last one on security interests respectively.

UNCITRAL On Dispute Settlement

Amongst its mandates, the UNCITRAL is established with the purpose of settling disputes that arise between states during trade. The commission adopts arbitration and conciliation as a method of its dispute resolution. This commission has enacted laws that govern international trade thus providing statutes that are referred to when disputes arise between trading states. These statutes are:

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention passed in 1958. According to the objectives stated in the Convention, the legislators recognize the growing importance of international arbitration as a means of settling international commercial disputes. This is made possible by the fact that it seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral awards.
UNCITRAL Arbitration Rules enacted in 1976: according to Article 1 of the rules, the rules apply where parties in a trade agreement consent to the application of such rules in a case of a dispute. The rules govern the arbitration process to be followed when there is an arbitral proceeding between parties.
UNCITRAL Conciliation Rules which has been in force since 1980: It provides a comprehensive set of procedural rules upon which parties may agree for the conduct of the arbitral proceedings arising out of their commercial relationship. They cover all aspects of the conciliation process, providing a model conciliation clause, defining when conciliation is deemed to have commenced and terminated and addressing procedural aspects relating to the appointment and the role of conciliators and the general conduct of proceedings.
UNCITRAL Model Law on International Commercial Arbitration (1958): this set of laws assist contracting states reform and modernize their laws or agreements on arbitral procedure such that they take into consideration the particular features and needs of international commercial arbitration.
UNCITRAL NOTES ON ORGANISING ARBITRAL PROCEEDINGS: this aims at assisting arbitration practitioners with the issues associated with the arbitral proceedings. The notes provide a guide for practitioners providing for amongst others; confidentiality, transparency, documentary evidence and the seat of arbitration.
UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL CONCILIATION (2002): This is designed with the aim of helping states in reforming and modernizing their laws on mediation procedure.
RECOMMENDATIONS TO ASSIST ARBITRAL INSTITUTIONS AND OTHER INTERESTED BODIES WITH REGARD TO ARBITRATION (2012)
UNCITRAL RULES ON TRANSPARENCY IN TREATY-BASED INVESTOR STATE-ARBITRATION (2013)

Although the list of the enacted legislations to solve arising disputes between contracting parties is not exhaustive, the common aim or objectives of the instruments is to provide guidelines, laws, rules and regulations that govern such an agreement. The said parties agree that they will be governed by UNCITRAL for the instruments to apply.

The article is written by Pulane Kholoanyane from the National University of Lesotho.

The article is edited by Shubham Yadav, pursuing B.com LL.B. (4th Year) from Banasthali Vidyapith.

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Case Number

CRIMINAL APPEAL NO.271 OF 2011

Equivalent Citation

(2011) 3 SCC 650

Bench

Altamas Kabir
Cyriac Joseph

Decided on

31 January 2011

Respondents

(R1) Manoj Bhimrao Wankhade
(R2) Ramabai, Appellant’s mother-in-law
(R3) Appellant’s sister-in-law

Relevant Act/ Section

Section 2(q) of The Protection of Women from Domestic Violence Act, 2005
Section 498-A of India Penal Code

Brief Facts and Procedural History

Although the main body of Section 2(q) expressly states that a respondent is a “adult male person,” the proviso broadens the scope of the proceedings by allowing an aggrieved wife or female in a relationship in the nature of marriage to file a complaint against a relative of her husband/male partner. This refutes the claim that the legislation was written with the intention of excluding women. The appeal was granted, with the Trial Courts directed to consider R2 and R3 as respondents in the case.

Issues before the Court

Do females fall under the definition of “respondents” in the Domestic Violence Act’s Section 2(q)?
Are females excluded from prosecution under the Domestic Violence Act?

Facts of the Case

The appellant lived with R1, R2, and R3 for over a year following her marriage in 2005, during which time her marriage was disrupted. She reported her husband to the police under section 498-A IPC For attacking her. She also filed a complaint against all three respondents. The First-Class Judicial Magistrate approved it, directing R1 to pay on a monthly basis maintenance. All respondents were also barred from evicting the appellant from her matrimonial home. Criminal appeals and applications brought before the Sessions Judge by an aggrieved R1. The appeals to the Supreme Court and the High Court were both dismissed.
R2 and R3 went before the First-Class Magistrate, but their request was denied. They filed an appeal, arguing that women cannot be named respondents in domestic violence cases. The Court agreed and overturned the order, allowing appellant to be evicted from her marriage home, which was solely owned by R2. As a result, it was not a “shared house.” The Court, on the other hand, ordered R1 to furnish separate accommodations or make additional payments for it.
The appellant’s appeal in Sessions Court was dismissed based on the determination that “females” are not included among “respondents.” The HC took a similar stance, striking R2 and R3’s names from the proceedings and ordering the appellant to evacuate the matrimonial home. As a result, this appeal has been made.

Decision of the Court

Although the main body of Section 2(q) expressly states that a respondent is a “adult male person,” the proviso broadens the scope of the proceedings by allowing an aggrieved wife or female in a relationship in the nature of marriage to file a complaint against a relative of her husband/male partner. This refutes the claim that the legislation was written with the intention of excluding women. The appeal was granted, with the Trial Courts directed to consider R2 and R3 as respondents in the case.

The case analysis has been done by Shrey Hasija.

The case analysis has been edited by Shubham Yadav, pursuing B.com LL.B.(4th Year) from Banasthali Vidyapith.

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About Urban Company:

Home services is a large, unorganized industry in India. Indian consumers spend ~ USD 30 Billion annually on home services. They largely rely on word of mouth and friends-family recommendations for search and discovery. There is no large, well run, billion-dollar Company in this category today. The industry lacks scale benefits – standardization, transparency and trust.

In the absence of organized players, the current market architecture is froth with middle-men and aggregators, who control market access and keep a lion’s share of the margins. As a result, experiences are broken for both customers and end service professionals. The industry could easily be 1.5-2x larger than it is today, if frictions in transaction journeys are removed – and experiences made more meaningful and memorable.

What are you expected to do?

Compliance and Corporate Governance – Manage and own compliances (ongoing business and Board level), policy drafting and implementation, resolution of issues from internal or external stakeholders including regulators
Dispute and litigation management – strategize and co-ordinate with the external counsel on any disputes (including pre-litigation and ADR), undertake organization wide legal projects and manage it towards implementation and track ongoing adherence
Advisory & Contracting – Provide legal support on a range of corporate and commercial questions for specific verticals and categories, such as marketing, telecommunications and trust & safety among others
Cross functional risks – Assess and advise across practice areas such as FDI, competition, consumer and operational risks with respect the operation and expansion of the home and beauty categories in India and overseas
K&I – create and manage wide projects, knowledge repository and compliances of the company

What are we looking for?

Qualified lawyer with 5-7 years of post-qualification experience
Prior experience with growth phase in-house teams and law firms
Prior experience with identifying and managing compliances from inception to closure
Relevant experience in: General corporate and commercial laws, Mergers and acquisitions, Investments, Dispute resolution, Compliance, Employment and labour laws (preferred, but not mandatory)
Prior experience with international law firms would be an added bonus
Prior experience with a listed company would be an added bonus
Ability to run mandates autonomously and with minimum supervision
Ability to strategise and assess potential risk
Ability to coordinate with different business teams, senior management, and external counsel on multiple mandates
Adaptive to changing needs of business and that of the legal landscape
Be a great team player – your legal advice and solutions will be based on a deep understanding of your internal client’s needs
Always be aware of the essential corporate function that the legal team undertakes
Be decisive – a fast growing business needs people who can take decisions quickly
Excellent communication and drafting skills
Attention to detail

Job Location

Gurugram, Haryana

Link to Apply

https://urbancompany.darwinbox.in/ms/candidate/careers/a60e564129c76b

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“A market without consumers will be a night sky without the stars and moon.”

The Concept Of Consumer Protection

The consumer movement started in developed countries almost a century ago. An American businessman was once quoted saying, “God created masses of mankind to be exploited. I exploit them. I will do his will.” This, though may not be the approach of every business person, is by and large true and hence proves the need for Consumer protection. Consumer protection guidelines or consumer protection laws came up as an answer to the malignant exploitation which the consumers faced at the hands of sellers and businessmen.

Previously it was the buyer’s duty to carefully examine goods for any defects or deficiencies before buying them. This was a time when the maxim “Caveat Emptor” was followed, meaning “let the buyer be aware.” However, gradually it was noticed that since there was no way by which a consumer could know or identify any inherent defect in a product (due to reasons such as lack of knowledge), they were being taken undue advantage of by the sellers. This resulted in the consumer movement. Protests and campaigns worldwide finally resulted in the shift from “Caveat Emptor” to “Caveat Venditor,” meaning, “let the seller be aware. Thus the obligation slowly shifted from the buyers to the sellers.

Consumer Protection In India

The Government had enacted various legislations for protection of the interest of the consumers after independence including, The Prevention of Food Adulteration Act 1954, The Standard of Weights and Measures Act 1976, The Bureau of Indian Standards Act 1986, The Monopolistic Restrictive and Unfair Trade Practices Act, 1969. However, India still lacked comprehensive legislation benefiting the interests of the consumers. Consumer Protection Act, 1986 was the first step towards safeguarding the rights of consumers in India. It guaranteed some fundamental rights to the consumers, which are explained as follows:

RIGHT TO SAFETY

This right confers the consumers with the power to insist on the quality of goods before buying them. They have the right to be protected against the marketing of hazardous goods and services. Consumers must buy products marked with ISI, AGMARK.

RIGHT TO BE INFORMED

Consumers have a right to be informed about the quality, quantity, standard, potency, and price of the goods as a means of protection from unfair trade practices.

RIGHT TO CHOOSE

Access to a variety of goods and services at a competitive price also is a right of the consumers. In the case of monopolies, the consumers must be ensured of a good quality of product at a fair price and must be protected from any unfair advantages which the seller might try to take.

RIGHT TO BE HEARD

The consumers have a right to voice their grievances at consumer forums and receive due compensation for any damages incurred.

RIGHT TO SEEK REDRESSAL

The rights to a fair settlement in cases of a genuine grievance and protection against unfair trade practices or exploitation of consumers have also been guaranteed under this Act.

RIGHT TO CONSUMER EDUCATION

To successfully implement the goal of consumer protection, consumers must be made aware of their rights and ways in which they can exercise them effectively. Rural consumers need special attention in this aspect as they face the most exploitation on account of lack of awareness.

The same Act also introduced a three-tier grievance redressal mechanism. Unfortunately, people in India, less aware of their rights as well as remedies, could not utilize the provisions to their full advantage. To correct this problem, the Government has undertaken measures to educate the consumers about their rights. One such popular campaign was ‘Jago Grahak Jago’ in 2005, which aimed at creating awareness on consumer protection.

Throughout the last decade we have seen an evolution in the ways of trade. As online shopping portals became the go-to place for an increasing number of people, the Parliament realized the loophole in the present Consumer Protection Act, 1986, as it did not cover online transactions. The legislature’s objective was to leverage the power of consumer protection, which had previously been limited to products and services under the Consumer Protection Act of 1986, to include complaints and difficulties stemming from the expansion of virtual markets. The legislature, keeping in mind all the new provisions that needed to be added to keep pace with the digital age, scraped the old statute and enacted the Consumer Protection Act, 2019 which included new concepts such as e-commerce, product liability, mediation, and the establishment of a Central Consumer Protection Authority as an executive authority for settlement of all consumer grievances.

E-Commerce And Its Inclusion

Under Consumer Protection Act, 2019, e-commerce has been defined as “means buying or selling of goods or services including digital products over a digital or electronic network” Unlike the previous legislation, it includes all online transactions shielding customers of online shopping portals from getting cheated or online frauds. Liabilities such as maintaining a fair trade practice, reimbursing or compensating consumers in return for products, and correct and accurate advertising of products were placed on e-commerce entities and online sellers. Also, incorporating all e-commerce organizations under the Companies Act, 2013 was made compulsory through this Act.

The new Act has enhanced consumer rights by making e-retailers more accountable and creating a transparent redressal procedure, which has helped customers in making more informed decisions when purchasing products and services. Effective implementation of rigorous restrictions, as well as penalties and punishment, has acted as a catalyst in deterring the producers and retailers from using dishonest and exploitative practices. In addition to this, convenient grievance resolution mechanisms have encouraged more consumers to engage in online transactions and strengthened consumers’ confidence in e-retailers, finally resulting in the development of this sector and an increased flow in profits.

Product Liability Under CONSUMER PROTECTION ACT, 2019

Under Chapter VI of the Consumer Protection Act, 2019, the concept of product liability has been defined. It was not previously included in the 1986 act and is a new addition in order to make the product manufacturers, sellers, and service providers more stringently liable against any defective product sold or poor service delivered. This concept was developed based on the maxim of “Caveat Venditor” Under the following circumstances, and if any harm is suffered by a consumer, they can bring in liability action against the manufacturer or seller:

If a product contains any manufacturing defect or is defective in design
It does not conform to the express warranty
The product does not have sufficient information about the correct method of usage or any warning against any potential harm or injury that could be suffered on account of any incorrect use.
In the case of a service provider, if he was negligent in providing the service, which resulted in an injury to the consumer, or the service delivered was deficient and inadequate, he could be made liable.
A product seller can be made liable in cases where he had a substantial amount of say over designing, manufacturing, packaging, or labeling of the product that caused harm.
If a product seller altered or modified the product while selling it, then also he could be made liable.

One important point to note is that the liability of the product manufacturer is absolute under all circumstances. Even if he claims to have taken substantial care and there was no negligence on his part, he cannot escape his liability. In comparison, there are certain exceptions allowed to product sellers. In cases where at the time of the accident, the product had been altered or misused, the product seller cannot be made liable.

The Supreme Court, in a case, pointed out that in issues relating to Product Liability, the court will adjudge the matters based on the facts and the evidence presented in the court of law.

Mediation Under CONSUMER PROTECTION ACT, 2019

Alternative Dispute Resolution methods have become an increasingly popular method of settling disputes in the corporate sectors. Through the 2019 act, the Government allowed mediation to be used as a process for addressing the grievance of consumers. In the case of Afcons Infrastructure Ltd v. Cherian Varkey Construction Co. (P) Ltd, the Supreme Court ruled that all the matters related to commerce, trade, consumer dispute, or contract could be mediated. It is placed a duty on the State Government to establish mediation cells, the mediating officers of which, while moderating a case, must follow the principles of natural justice.

The guidelines to be followed in the process of mediation were laid down by the Supreme Court in the case of Bijoy Sinha Roy V Biswanath Das & Ors. According to the guidelines, if at any point while hearing the consumer disputes, the officer feels that such an issue can be effectively settled through mediation, then with the consent of both the parties, it can be referred for mediation.

Conclusion

The Consumer Protection Act, 2019, in its true sense, has made it easier for consumers to voice their dissatisfaction with products or services obtained and get remedies for the same. The inclusion of online sale services and the introduction of settlement dispute mechanisms such as mediation have made a positive impact. Also, the undertaking of campaigns to create awareness among consumers has resulted in an informed citizenry resulting in less exploitation of consumers.

The article is written by Debasmita Nandi, a first year law student of CHRIST (DEEMED TO BE UNIVERSITY), LAVASA.

The article is edited by Shubham Yadav, pursuing B.com LL.B. (4th Year) from Banasthali Vidyapith.

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Introduction

“We won’t have a society if we destroy the environment.”
Margaret Mead

The best gift that mankind possesses is not the economy, it’s the environment, the gift that mother earth gave, without repentance. Our environment is perhaps the main facet due to which survival is possible on this planet. Also, it is the only thing that makes life reasonable. Without it, we can’t endure even a single day.

India’s Biodiversity & Hotspots

India has an extraordinary abundance of biodiversity in its forests, wetlands and marine regions. It has a wide scope of natural surroundings going from tropical rainforest to snow capped vegetation and from temperate forests to coastal wetlands. India comprises fertile river fields and high plateau and a few significant waterways including the Ganges, Brahmaputra and Indus. India shows an incredible variety in environment, geography and topography henceforth exceptionally wealthy in biodiversity. The Ministry of Environment and Forest Govt. of India (2000) records 47,000 types of plants and 81000 types of animals.

This is about 7% and 6.5% individually of flora & fauna of the world. Around 5000 types of blooming plants have their origin point in India. India is observed to be the pivot of origin of 160 types of harvest plants and 320 types of wild members of cultivated yields. India has 372 mammal species (eighth most in world), 1228 types of birds (eighth in world), and 428 types of reptiles (fifth in world). India has in excess of 50,000 types of insect species including 13000 butterflies and moths.

There are 4 out of 36 biodiversity hotspots of the world situated in India — The Himalayas, the Indo-Burma region, Western Ghats, and the Sundaland. Hotspots will be regions that are very rich in species, have high endemism (species restricted to a specific region), and are under constant danger.

Concept of hotspots of biodiversity was instituted by Norman Myers in 1988. He recognized they needed regions for in situ protection. Certain regions in different parts of the world are known for their mega biodiversity of species. India contributes around 8% of worldwide biodiversity, in spite of the fact that it bears just 2.4 percent of the world’s land space. These regions are especially wealthy in floral riches and endemism, in blossoming plants as well as in reptiles, amphibians, butterflies and mammal species as well.

Classification of a Biodiversity Hotspot

To qualify as a biodiversity hotspot the region must fulfill 2 criteria:

It should have no less than 1,500 vascular plants as endemics — or, in other words, it’s anything but a high level of vegetation discovered no place else in the world. A hotspot is irreplaceable.

It should have 30% or less of its unique normal vegetation. In short, it should be threatened.

Steps taken to safeguard the Indian biodiversity & hotspots by government

The Central Government has legislated the Wildlife (Protection) Act, 1972. The Act, inter alia, imparts the formation of reserved Regions for the safeguarding of wildlife and furthermore imparts punishment for hunting of determined fauna prescribed in the Schedule I to IV thereof. Trade in rare and endangered species ought to be prohibited. National parks and sanctuaries ought to be made for the safeguard of wildlife.

Wetland (Conservation and Management) Rules, 2010 have been outlined for the safeguard of wetlands, in the States.

The Scheme of National plan for Protection of Oceanic Ecosystem additionally gives help to the States to the administration of wetlands incorporating Ramsar sites in the country. Wildlife Crime Control Bureau has been set up for control of illicit trade of wildlife, including endangered species.

Government of India is signatory to Convention on Biological Diversity (CBD). CBD was set up in 1992-93 after the Rio de Janeiro Earth Submit. (i) To preserve the biodiversity. (ii) To utilize the biodiversity and its components but in a reasonable way. (iii) Impartial dispensation of advantages of biodiversity.

Environmental courts & tribunals like National Green Tribunal were set up for the protection of environment & wildlife in India. Schemes & projects like Narmada bachao andolan, project tiger, green India mission, recovery of endangered species etc. were launched for safeguarding the biodiversity & hotspots in India.

Judicial Assistance/Pronouncements

The shortfall of an unmistakable law is moving a back-and-forth between clients of natural assets and administrative bodies. It is presently about time that the judiciary strides in to develop jurisprudence on manageable and even handed administration of biodiversity while protecting the Constitutional principles against arrest, search and seizure.

In the case of Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh, the two judge bench of J. Bhagwati & J. R. Mishra, Seat of Judges PN Bhagwati and Ranganath Mishra, presented the concept of “Sustainable Development”. An NGO named RLEK filed a case against limestone quarrying in the valley in 1987. It was expressed that the lasting resources of humankind are not to be depleted in one age. The natural resources ought to be utilized with imperative consideration and care so ecology and climate may not be influenced in a critical manner.

In case of, Indian Council for Enviro-Legal Action vs. Union of IndiaJ. Reddy held that the monetary expenses of forestalling or curing harm brought about by contamination should lie with the endeavors which cause the contamination by embracing the “Polluter Pays Principle”. The Court put forth a limit for the seaside states to formulate coastal administration designs and restrict industrial or construction within 500 meters of the Elevated Tide Line.

In the case of, Animal Welfare Board of India vs. A. Nagaraj and Ors., the Supreme Court banned Jallikattu & other animal races & fights, alluded that even these carried in the name of culture & tradition but these are illicit acts that the humans perform. Referring to Section 3 & 11 The Court declared these acts illegal & imposed fines under the Prevention of Cruelty to Animals Act, 1960.

TN Godavarman Thirumulpad vs. Union of India and Ors., Supreme Court held & set up a Compensatory Afforestation Funds Management and Planning Authority (CAMPA), to survey the afforestation endeavors, to direct the remuneration who endured because of deforestation, and to speed up exercises for safeguarding of forests.

In the Tarun Bharat Sangh vs. Union of India and Ors., Supreme Court passed the verdict that restricted/banned the mining activities that were taking place in the Sariska Wildlife Sanctuary & proved to be a great source for the protection of Sanctuaries from the mining activities.

Conclusion

As we progressively become clued-up of how significant biodiversity depletion has become, we are gradually making laws and treaties to safeguard these resources. This duty of protection needs the involvement of stakeholders and consumers. Essentially distinguishing species in danger cannot initiate protection. Individuals are to be taught in such a manner. They should preserve biodiversity.

The article is written by Ajay Kataria, from Dr. B.R. Ambedkar National Law University, Sonepat, Haryana.

The article is edited by Shubham Yadav, pursuing B.com LL.B. (4th year) from Bnasthali Vidyapith.

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Introduction

Section 148 of the Indian Contract Act, 1872 defines the term Bailment, that upon a contract when one person delivers goods to another for some purpose and when the motive is achieved. That bail was either returned or else disposed of according to the directions discussed earlier in the contract of the person delivering them. Thus the Law of Bailment involves the transfer of possession from one person to another. The title of ownership did not get affected in this case.” bailor” is the one who delivers the goods. And “bailee” is another person to whom goods are delivered.

Essential Elements of the Law of Bailment

Delivery of possession.
Delivery of Goods upon contract.
Delivery of Goods for purpose.

How Bailed goods delivered to the bailee

Section 149 of the Indian Contract Act states that when the bailee made delivery by doing anything which has the effect of putting the possession of the goods of any person authorized to hold them on his behalf. Then, bailment happens between the parties.

Delivery of possession is of two types.

Actual delivery- when goods possession is delivered from the bailor to bailee, then actual delivery happens.
Constructive delivery- physical transfer of goods does not happen here. Goods are remaining with bailor only, but something decided which has the effect of putting them in possession of bailee.

Duty of Bailor

Duty of bailor to disclose faults in goods bailed- Section 150 of contract act, binds the bailor to reveal all the defects of goods bailed which he knows. And if he is not doing so, he will be responsible for damage arising from such faults directly to the bailee.

Duty of Bailee

Duty of reasonable care

Section 151 of the act binds the bailee to take as much care of the goods bailed to him as a prudent man takes care of his goods.
Section 152 states that if the bailee has taken due care, he is not responsible for loss, deterioration, or destruction of goods bailed.

Duty not to make unauthorized use

Section 154 of the provides that the bailee is liable to compensation if he makes any use of the goods bailed that is not according to the conditions of the bailment.

Duty not to mix goods

Section 155 of the act states that if the bailee mixes the bailor’s goods with his goods but with the bailor’s consent, the bailor and bailee shall share an interest in proportion to the mixture produced.
Section 156 states that if the bailee mixes the bailor’s goods with his goods which is separable. Without the bailee’s consent, then the bailee is bound to give the expense of separation and any damage arising from the mixture.
Section 157 holds the bailee liable to pay compensation for the loss of the goods by mixing the bailor’s goods to his goods which cannot be separated and mixed without the bailor’s consent.

Duty to return goods bailed

Section 160 of the act provides bailee duty to return or deliver goods bailed according to the direction of bailor as soon as the time expired for bailment, or the purpose has been accomplished for goods bailed.
Section 161 states that on account of faults of Bailee the goods are not delivered at the proper time, then it is Bailee’s responsibility for any loss or destruction of the goods from that time.

Rights of Bailee

Right of lien – it gives the right to the bailee to retain goods or property until some charges due upon it or services rendered for its improvement to be paid by the bailor.

Two types of lien in bailment-

Particular lien
General lien

Right to sue the wrongdoer

Section 180 of the Act confers the right of the bailee to sue wrongdoers.

Landmark Judgments

Hutton v Car Maintenance Co. – In this case, the plaintiff company maintained the defendant’s car. The defendant does not pay some dues. Then the plaintiff’s company took the car into its possession and claimed a lien for expenses. The court rejected the claim.
Ram Ghulam v Government of Uttar Pradesh – In this case, police recovered some stolen ornaments from the plaintiff. But in the police station, they were again stolen. Plaintiff sued the government for the loss. The court dismissed the case.
Ultzen v Nicolas – In this case, a waiter took the overcoat of the plaintiff and hung it on behind the chairs. After having dinner, the plaintiff found that his overcoat was missing. He sued the owner for the loss of the coat. The owner was held liable.
Shaw &Co.v Simmons & Sons- In this case, the plaintiff consigned books to the defendant, a bookbinder. But the defendant failed to deliver them within a reasonable time. The defendant was held liable for the loss of the books.
Installment Supply (P) Ltd v Union of India – In this case, the court held that the Hire-purchase contract is not merely a bailment. But it has two aspects, bailment and an element of the sale.
Ashby v Tolhurst – In this case, the court held that the main essence of bailment is the transfer of possession of goods.
Jan and Son v A. Cameron – In this case, the plaintiff stayed at the hotel, his article stolen by someone. The court held the Hotelier liable.
Morvi Mercantile Bank Ltd v Union of India – In this case, the court held that Railway receipt delivery would amount to delivery of goods.

Conclusion

The position of bailment in India is clear from section 153 of the Contract Act. The law of bailment specifies the rights, duties, and liabilities of the bailee to avoid disputes between the bailor and the bailee. It forms a very vital part of the Indian Contract Act. Bailment is something people enter daily, even without realizing it. Its development with time has been crucial. Therefore, the laws should be dynamic but should also be rigid at the same time.

The article is written by Megha Patel, a 2^nd –year law student at The Mody University of Science and Technology, Laxmangarh, Rajasthan.

The article is edited by Shubham Yadav, pursuing B.com LL.B. from Banasthali Vidyapith.

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PRS offers rolling internships throughout the year. The PRS staff consists of a team of dedicated professionals with different areas of expertise, and is broadly divided into the research and outreach departments. While the research team analyses legislative and policy issues of topical interest, the outreach team tracks the working of the legislatures and legislators, manages citizen engagement and is PRS’s interface with the MPs and MLAs. A prospective intern can apply for an internship in either/ both departments.

Structure of the internship

The internship varies from session to non-session time. During a Parliament session, PRS’s work is guided by the issues taken up in Parliament and interns are expected to work with the analysts on any and all projects. During non-session periods, the interests of the individual intern are taken into consideration, and he/she is matched with an analyst(s) doing related work.

The successful completion of a PRS internship requires the intern to pursue and complete an internship project. The intern will be assisting analysts in their research, as well as undertaking an internship project.

The duration of the internship is flexible, but is normally between four and eight weeks. Interns can work from their home.

Please note that no accommodation or remuneration is provided. This is strictly an unpaid internship.

Expectations from Interns

In addition to a deep interest in the working of Parliament and the legislative process in India, an intern should have:

strong writing skills
strong analytical skills

Interested persons can fill in the application form. The form has to be filled out in one session, and there is no option of saving responses. You are expected to:

write a short statement of purpose (not more than 500 words)
upload an up-to-date resume in PDF format
upload a writing sample on any policy issue. (not more than 1000 words) in PDF format

Applications for the month of August shall not be considered after 15th July 2021

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The Trafficking in Persons (Prevention, Care, and Rehabilitation) Bill, 2021 will be given to the cabinet for approval before being presented in Parliament. It has broadened the scope of human trafficking offences as well as the types of victims, imposing harsh penalties such as life imprisonment and even death sentence in extreme situations. The recommendations for the bill must be presented to the Ministry by July 14.

Once enacted, the law will apply to all citizens, both inside and outside India, as well as a foreign national or a stateless person who has his or her residence in India at the time of the commission of an offence under this Act. Concerning the offenders, defence officers and government employees, doctors and paramedical staff, and anyone in a place of authority will be covered by the Bill. Property acquired through such revenue and used for trafficking can now be forfeited under terms akin to those found in the Money Laundering Act.

It proposes that any person who commits the crime of “human trafficking” be sentenced to at least seven years in prison extending up to ten years and be liable for a fine of a minimum of one lakh rupees. The bill also includes harsher sanctions and punishments for crimes designated as “aggravated forms of trafficking.” It is proposed that everyone who commits an aggravated type of human trafficking be sentenced to a minimum of ten years in jail which may extend to imprisonment for life.

It is proposed that the National Investigation Agency serves as the national investigating and coordinating agency for human trafficking prevention and combat. Once the law is passed, the Centre will notify and convene a National Anti-Human Trafficking Committee to ensure that provisions of the law are effectively implemented. This committee will include members from multiple ministries, with the home secretary serving as chairperson and the secretary of the ministry of women and child development serving as co-chair. Anti-human trafficking committees will be formed at the state and district levels.

A draft was introduced in 2018 and passed by the Lok Sabha amid strong resistance from legislators and experts. It was never introduced in the Rajya Sabha after that. Experts claim that this new Bill addresses nearly all of the concerns highlighted in 2018.

-Report by VANESSA RODRIGUES

A petition was filed in the Bombay High Court challenging the constitutional validity of the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 claiming that the new IT Rules violate the law, citing Article 14 (equality before the law), Articles 19 (1) (a) (to freedom of speech and expression), and 19 (1) (g) (to practice any profession or to carry on any occupation, trade or business).

The rules are being challenged because they seek to impose unreasonable, excessive, and vague burdens on digital news publishers. The Rules seek to these publishers of news and current affairs content under the ambit of the Press Council of India Act, 1978, and the Cable Television Networks (Regulation) Act, 1995, without amending the respective legislations.

It is argued in the petition that the new IT Rules 2021 are beyond the Central Government’s legislative power because the Information Technology Act of 2000, does not contain anything that seeks to regulate or enables the regulation of digital content and ethics of online publishers, apart from a single provision that allows for the banning of content available online on specific grounds

The plea says these rules should be deemed unconstitutional under the Information Technology Act of 2000. In the meanwhile, it requested a stay on them.

-Report by VANESSA RODRIGUES

Kirechandra Wangkhemcha and Kanhaiyalal Shukla, two journalists from Manipur and Chhattisgarh, filed writ petitions at the Supreme Court requesting the court for a writ, order, or direction ordering Section 124A of the Indian Penal Code, 1860, to be ruled unconstitutional and void. Counsel representing the two petitioners submitted to the Supreme Court that its decision in Kedar Nath Singh v. State of Bihar, 1962, may need to be reconsidered wherein the constitutional validity of the section was upheld.

Section 124A of the Indian Penal Code states that anyone who seeks to incite hatred or contempt for the government established by law in India through words, whether spoken or written, signs or visible representation, or any other means, shall be punished with imprisonment for life.

According to the petition, the restriction imposed by section 124A is irrational, hence, does not constitute a valid restriction under Article 19(2) of the Constitution. It infringes the fundamental right guaranteed by Article 19(1)(a) of the Constitution of India, which guarantees that all citizens shall have the right to freedom of speech and expression. Section 124A is extraneous to safeguard state security and public order.

Meanwhile, the Foundation of Media Professionals, journalist Shashi Kumar, and legal professor Sanjay S Jain have filed three applications in support of the petition challenging the constitutional validity of Section 124A of the IPC. According to Shashi Kumar in his application, the “vague nature” of section 124A allows it to be used as a “political weapon” to restrict free speech.

Attorney General KK Venugopal of India, who was issued notice on the petition by the court on April 30, and Solicitor General Tushar Mehta, who was representing the Union of India, both were granted two weeks to file their responses. The court will hear the matter on the 27th of July.

-Report by VANESSA RODRIGUES