July 2021 – Page 27

Case Number

Criminal Appeal No. 300 of 1975

Equivalent Citation

1975 AIR SC 2473, 1975 SCC 2 829.

Bench

V.R Krishna Iyer, A.C Gupta, JJ.

Decided on

October 10, 1975

Relevant Act/ Section

The Immoral Traffic (Prevention) Act, 1956

Brief Facts and Procedural History

The location is the Isias Bar, which is located at 15, Free School Street in Calcutta. A midnight invitation to have a good time with sylphs is extended by a hall of enchantment. The entrance price is a pittance of Rs 15 per person, and there is energizing booze served inside. To the exhilarating tune of band music, scantily clad female flesh of sweet seventeen or thereabouts fly about. The stage is busy with many men and women moving from one room to other. Many bars or restaurants provide a suitable platform for the operation of brothels. Similarly in this case, when the men indulge in promiscuous sex, police and excise officers entered the scene. When the Act entered into effect, a prosecution was brought against numerous people under Section 7, and two people, the proprietor, and manager of the Isias Bar were found guilty and sentenced.

Procedural History

An appeal to the High Court was largely unsuccessful, while the State’s appeal was somewhat successful. The conviction was amended to some extent by the High Court, and the Supreme Court had to continue on the assumption that the accused had been found guilty of offenses under Sections 7(2)(a) and 3(1) but acquitted under Section 7(2)(b). The more pertinent element of the present appeal was that an order was made under Section 18(1) when read with Section 18(2) directed the occupiers of the portion of Premises Nos. 15 and 15.A, Isias Bar or the Free School Street to be evicted therefrom within a period of seven days from the date of that order and restore possession thereof to the owner landlord. The Supreme Court had given special leave to challenge this eviction order under Section 18(2), read with Section 18(1). (1).

Issues before the Court

The scope of the concerned arguments was limited to the right to evict the tenant of the guilty premises after conviction for Sections 3(1) and 7(2)(b) offenses, in addition to the term imposed.

Ratio of the Case

In Sub-Divisional Magistrate v. Ram Kali, AIR 1968 SC 1, this Court ruled that Section 18(1) applies to one class while Section 18(2) applies to another. Section 18(1) is a one-time method for shutting down obnoxious prostitution establishments without having to go through the lengthy process of criminal prosecution.

It’s a quick-reacting defense mechanism designed to put out the flames and promote immediate moral sanitation in locations like shrines, schools, hostels, and hospitals, all of which are socially vulnerable. Section 18(2), on the other hand, only applies to anyone who has been convicted of crimes under Sections 3 or 7. Thus the place is found to be engaged in prostitution trial. It follows to reason that if the goal of removing the business vice from that location is to be accomplished, the occupier must be ejected. In this scenario, this is exactly what has been done. Section 18(2) applies to all locations where prostitution activity has taken place, not only those within 200 yards of the offending distance.

Decision of the Court

The Supreme Court dismissed the appeal, affirming the Magistrate’s power to order eviction when a conviction under Section 3 or Section 7 occurs, confident that public power vested in a public functionary for the public good will be exercised whenever the conditions for doing so exist, achieving a broad social goal of moral clean-up of public places.

This case analysis is done by Vanshika Samir.

The editor of this post is Shreya Litoria.

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Introduction

Communalism can be explained as having a very strong attachment to one’s community. That is it is the trail of thought according to which people have a very strong sense of emotion and attachment to their religion, caste, race, etc. Basically, the strong sense of belongingness and extremist views people have towards their community can be termed communalism.

Thus communalism is definitely an evil for a diverse country like India where so many people of different communities exist and flourish together. Therefore communalism is both an issue of the core values of our constitution as well as a security issue. This is because the Preamble of our Constitution has included Secularism as a core value. The concept of secularism has been explained further in the article. The concern of security arises due to communal riots. As the name suggests, communal riots are violent disturbances of peace between people belonging to different communities. A communal riot usually takes place between two separate castes or religions. Such disturbances cause threats to the peace and internal security of the country as such displays of violence usually cause huge losses to life and property.

Some Instances of Communal Riots

Partition of India,1947:

The riots during the partition of India are one of the most well-known examples of communal riots. About 14 million people had to abandon their homes when British administrators of Colonial India began dismantling the South-Asian empire. The estimated number of people killed during the partition period ranges from 200 thousand to 2 million.

Anti-Sikh Riots, 1984:

The 1984 Sikh Massacre, also called the Anti-Sikh riots were multiple planned attacks against the Sikhs. These took place post-assassination of former Prime Minister Indira Gandhi. The assassination was done by her Sikh bodyguards in a form of retaliation towards the order to attack Harmandir Sahib complex, Amritsar that had been given to the Indian Army. In these riots, 3,000 Sikhs had been killed in New Delhi, with approximately 17,000 Sikhs being killed in 40 different cities spread across India. Approximately 50,000 people that were belonging to the Sikh community had to move from their hometowns across different cities.

Communalism as a Political Strategy

Now that it is clear what communalism and how communal riots are a dangerous consequence of it, it is clear that communalism is not a practice that should be promoted and instead should be avoided or even rooted out. It is, however, the unfortunate reality of our democracy that many politicians use communal tactics and strategies in order to get vote bank during elections. Some forms of communalism can be highlighted as:

The organization of Parties:

Many political parties make sure that all the party members belong to only a specific community. This may be done in order to send the message that a party shall favor a specific community and may favor it over other communities.

Selection of Election Candidates:

Political parties, in order to get voters on their side in a particular constituency, may choose a candidate of the community which is in majority in that constituency. This is done in order to get the majority of the votes from that constituency.

Voting on Communal Basis:

Most voters would vote for someone who is a part of their own community. Therefore parties may appeal to the voters of a particular community in order to get votes from them. The voters may feel that the party will work for the welfare of their community.

All of these conditions and strategies hinder the progress of democracy in our country and also go against the core values of our constitution.

What is Secularism?

Secularism has been explained as the separation of the State from religion. This means that no particular religion is followed or favored over the other religions in the country.

The Preamble has declared India as a secular country. The word Secular had been added in the constitution by the 42^nd amendment of the constitution of India. The word secular was added to symbolize that the country gives equal opportunities to the people of every religion in the country and also that no one shall face discrimination because they belong to a particular religion.

Secularism in the Constitution

Article 14[i]:

It grants equal treatment by the law of the State and also grants equal protection of laws to everyone irrespective of caste, race, sex, etc. in the territory of India

Article 15[ii]:

This article prohibits discrimination against anyone on the basis of sex, race, religion, caste, etc.

Article 16(1)[iii]:

Article 16 grants equality in matters that relate to public employment. Clause 1 of this article states that there shall be equal opportunities given to everyone in government offices.

Article 25[iv]:

The constitution by virtue of this article has granted everyone the freedom to propagate, practice, and profess any religion freely without any interruptions.

Article 26[v]:

The freedom to manage religious affairs has been granted by this article. This means that all religious communities have the right to establish their own institutions for the purposes of religious activities and charity and also manage their own affairs.

Article 27[vi]:

This article has made it clear that no one will have to pay any form of taxes or fees for the maintenance and promotion of their religious denomination or religion.

Article 28[vii]:

The contents of this article have stated that any educational institution which is run and maintained through state funds shall not provide any religious instruction. This does not however apply to private educational institutions.

Article 29[viii]:

This article has provided that any section of citizens that reside in India shall have the right to conserve their culture and language. It has also been provided that no educational institution which is run out of state funds shall deny admissions on the basis of sex, caste, race, religion, etc.

Article 30[ix]:

The minorities of the country have been provided with the right to establish educational institutions of their own choice through this article.

Article 51-A(e)[x]:

Clause (e) of Article 51-A which provides the fundamental duties of the citizens states that the people of the country shall strive to promote equality and brotherhood among people of the country irrespective of religion, race, caste, sex, etc.

Conclusion:

Although communalism is an evil that still exists in the country and is also used by various politicians to gain votes, the core values of the constitution and the legal framework of the country are constantly striving to make India a secular country.

The author of this article is Om Gupta, a first-year law student pursuing a BBA-LLB from the University School of Law and Legal Studies.

The editor of this article is Shreya Litoria, pursuing B.Com LLB from Banasthali Vidypaith University, Jaipur.

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About the job

Org. Setting and Reporting

The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), Subregional Office for South and South-West Asia (ESCAP-SSWA), based in New Delhi, offers an Internship Opportunity for a minimum of two months and maximum of six months. The internship is UNPAID and full-time. Interns work five days per week (37.5 hours) under the supervision of staff member(s) in ESCAP-SSWA which they are assigned to.

, Along The Subregional Priority Areas, As Per The Mandate Received From UNESCAP Member States

ESCAP-SSWA covers ten member States in South and South-West Asia, namely Afghanistan, Bangladesh, Bhutan, India, the Islamic Republic of Iran, Maldives, Nepal, Pakistan, Sri Lanka and Turkey. A key mandate of ESCAP-SSWA is to support the countries in the subregion to implement the 2030 Agenda for Sustainable Development and achieve the Sustainable Development Goals (SDGs). The work programme of ESCAP-SSWA covers carrying out analytical and normative work, providing policy support, technical assistance and capacity building to member States, promoting policy advocacy, building network among various stakeholders etc.

Inclusive growth, supporting achievement of the Sustainable Development Goals (SDGs), structural change and job creation, gender equality and women’s empowerment, social protection, and sustainable development
Strengthening connectivity, trade and transport facilitation, and regional economic integration
Regional cooperation for food and energy security
Regional cooperation for disaster risk reduction
Assisting LDCs and LLDCs in implementation of the Istanbul and Almaty Programmes of Action as well as SDG targets

Learning Opportunities during the course of internship: ESCAP-SSWA provides interns with an opportunity to enhance their understanding of: i) socio-economic challenges the subregion is facing in particular within the 10 countries served; ii) the processes of regional and multilateral cooperation; iii) mandates and operations of United Nations in developing countries in its

efforts to provide policy advice, capacity building and platform for governments to create space for economic and political integration.

Responsibilities

Under immediate supervision by a staff member(s), the intern is responsible for contributing to the research project (s) related to the work programme of SSWA for the implementation of the SDGs. The topic of the project will depend on the intern’s background, skills, and interest.

Other Duties May Include Undertaking The Following

Regular monitoring of relevant developments, policy trends and news articles related to the implementation of the 2030 Agenda and the SDGs in the subregion;
Monitor and collect details on national policies on selected sustainable development issues of ESCAP-SSWA member States
Collect data, generate figures and tables, describe and analyze the tables and results to support ESCAP-SSWA staff in related research and analytical work
Attend conferences, seminars, meetings and other events and provide written highlights and briefing notes
Provide administrative, organizational and conference management support for ESCAP-SSWA events
Other activities as may be decided by the supervisor

Competencies

The United Nations Core Competencies Include

Communication: Ability to draft clearly and concisely, good written and oral language skills.
Teamwork: Good interpersonal skills, ability to work collaboratively with colleagues from different national and cultural backgrounds to achieve organizational goals.
Client Orientation: Considers all those to whom services are provided to be ‘clients’ and seeks to see things from clients’ point of view.
Planning & Organizing: Allocates appropriate amount of time and resources for completing work and monitors and adjusts plans and actions as necessary
Accountability: Takes ownership of all responsibilities and honours commitments, and delivers outputs for which one has responsibility within prescribed time, cost and quality standards

Education

To qualify for an internship with the United Nations Internship Programme, applicants must meet one of the following requirements:

be enrolled in a graduate school programme (second university degree or equivalent, or higher); or
be enrolled in the final academic year of a first university degree programme (minimum Bachelor’s level or equivalent); or
have graduated with a university degree (as defined above) and, if selected, must commence the internship within a one year period of graduation.

Languages

English and French are the working languages of the United Nations Secretariat. Fluency in English (both oral and written) is required for the Internship Programme. Knowledge of another official UN language is an asset.

Assessment

Potential candidates will be contacted by UNESCAP staff for further consideration.

Special Notice

REMOTE INTERNSHIPS (COVID-19): In the context of the COVID-19 pandemic, applicants may be requested to undertake the internship remotely in view of constraints regarding visa issuance, international travel and access to UN premises. Applicants must be willing and prepared to undertake the internship remotely for a part or the entirety of the internship.

A complete online application (Cover Note and Personal History Profile) is required. Incomplete applications will not be reviewed.

The Cover Note Must Include

Title of degree you are currently pursuing
Graduation Date (when will you be graduating from the programme)
List the ICT skills and programmes (including courses/modules at University that you have successfully completed) that you are proficient in
List your top three areas of interest (such as the link between ICT and disaster risk reduction)
Explain why you are the best candidate for that specific preference.
Explain your interest in the United Nations Internship Programme

In your Personal History Profile, be sure to include all past work experience (if any), ICT skills and relevant University courses/modules, and three references.

Please note that due to the large number of applicants, we will not be in a position to reply to each application and that only short-listed applicants will be contacted for further consideration.

United Nations Considerations

According to article 101, paragraph 3, of the Charter of the United Nations, the paramount consideration in the employment of the staff is the necessity of securing the highest standards of efficiency, competence, and integrity. Candidates will not be considered for employment with the United Nations if they have committed violations of international human rights law, violations of international humanitarian law, sexual exploitation, sexual abuse, or sexual harassment, or if there are reasonable grounds to believe that they have been involved in the commission of any of these acts. The term “sexual exploitation” means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. The term “sexual abuse” means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. The term “sexual harassment” means any unwelcome conduct of a sexual nature that might reasonably be expected or be perceived to cause offence or humiliation, when such conduct interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive work environment, and when the gravity of the conduct warrants the termination of the perpetrator’s working relationship. Candidates who have committed crimes other than minor traffic offences may not be considered for employment.

Due regard will be paid to the importance of recruiting the staff on as wide a geographical basis as possible. The United Nations places no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs. The United Nations Secretariat is a non-smoking environment.

The paramount consideration in the appointment, transfer, or promotion of staff shall be the necessity of securing the highest standards of efficiency, competence, and integrity. By accepting an offer of appointment, United Nations staff members are subject to the authority of the Secretary-General and assignment by him or her to any activities or offices of the United Nations in accordance with staff regulation 1.2 (c). In this context, all internationally recruited staff members shall be required to move periodically to discharge new functions within or across duty stations under conditions established by the Secretary-General.

Applicants are urged to follow carefully all instructions available in the online recruitment platform, inspira. For more detailed guidance, applicants may refer to the Manual for the Applicant, which can be accessed by clicking on “Manuals” hyper-link on the upper right side of the inspira account-holder homepage.

The evaluation of applicants will be conducted on the basis of the information submitted in the application according to the evaluation criteria of the job opening and the applicable internal legislations of the United Nations including the Charter of the United Nations, resolutions of the General Assembly, the Staff Regulations and Rules, administrative issuances and guidelines. Applicants must provide complete and accurate information pertaining to their personal profile and qualifications according to the instructions provided in inspira to be considered for the current job opening. No amendment, addition, deletion, revision or modification shall be made to applications that have been submitted. Candidates under serious consideration for selection will be subject to reference checks to verify the information provided in the application.

Job openings advertised on the Careers Portal will be removed at 11:59 p.m. (New York time) on the deadline date.

No Fee

THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.

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About The Quantum Hub (TQH) Consulting

The Quantum Hub (TQH) was founded in 2017 with the express intent of supporting development organisations, businesses and policymakers with complex public policy problems in the dynamically evolving Indian ecosystem. We are based out of New Delhi and support clients along the entire cycle of policy formulation – from developing well-researched policy positions to building communications and advocacy strategies. Description of TQH’s current and previous engagements The team at TQH works on a diverse range of projects. We work across sectors such as tech policy, social policy and urban affairs.

We have led policy research and advocacy work for Catalyst, an initiative seeded by the Government of India and USAID to increase the adoption of digital payments in India. We have also worked closely with the Government of Haryana for employment and skilling, supported NITI Aayog and the Michael & Susan Dell Foundation (MSDF) with building momentum for reforms in education and undertaken projects for UN agencies. We currently anchor all advocacy initiatives for the Property Rights Research Consortium and are working to build support for policies that empower women with the Bill & Melinda Gates Foundation (BMGF) and IWWAGE. We also lead policy assignments for tech majors such as Amazon and work with industry bodies such as NASSCOM on regulation of new business models. Our other projects include advocacy support to Omidyar Network India on Open Digital Ecosystems and tech policy work for the Match Group in India. We also work with the Lancet Commission on issues of political economy of healthcare. In addition to the above, we work to strengthen research-based civic engagement and participatory governance by assisting offices of Members of Parliament, Members of State Legislatures, Government Ministries and institutions with research and advocacy on legislative and policy issues through our policy learning arm Young Leaders for Active Citizenship (YLAC).

Responsibilities

– Undertaking policy research and analysis to help clients formulate evidence-backed positions on key policy interventions in their sectors; supporting clients in crafting advocacy strategies and helping them put these into action

– Amplifying policy solutions by writing opinion pieces, creating knowledge products and working closely with civil society organisations as well as the media

– Working on in-house research projects to build and showcase thought leadership on key policy issues under consideration by the government, especially in sectors that are dynamically evolving

– Furthering the cause of civic engagement and participatory governance by supporting public policy research and learning through YLAC programs

Qualifications required

– Degree from a reputed university in law/ economics/ public policy/ political science/ related fields or experience in policy research/ policy communications/ journalism/ advocacy

– 1-2 years of work experience (Associate), 2-3 years of work experience (Analyst), 3-5 years of work experience (Senior Analyst)

– Strong analytical skills, both quantitative and qualitative

– Ability to present information in a structured and insightful manner – Excellent communication skills and an eye for detail

– Ability to work in a dynamic environment with a strong desire to learn new skills

Perks

– Compensation commensurate with experience and in line with market expectations

– An intellectually stimulating work environment with peers from top institutions

– An opportunity to shape the way policy-making is undertaken in India and a chance to inform the thinking on rapidly evolving policy issues

– An avenue to work directly with marquee clients

– A platform to engage with policy enthusiasts through YLAC

Location

Lajpat Nagar III, New Delhi with sporadic travel to other cities. At present, our team is working from home and we plan to operate remotely until the COVID situation is brought under control.

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About the Company

LTI (NSE: LTI) is a global technology consulting and digital solutions Company helping more than 400 clients succeed in a converging world. With operations in 32 countries, we go the extra mile for our clients and accelerate their digital transformation with LTI’s Mosaic platform enabling their mobile, social, analytics, IoT and cloud journeys. Founded in 1997 as a subsidiary of Larsen & Toubro Limited, our unique heritage gives us unrivaled real-world expertise to solve the most complex challenges of enterprises across all industries. Each day, our team of more than 33,000 LTItes enable our clients to improve the effectiveness of their business and technology operations and deliver value to their customers, employees and shareholders.

About the job

Title – Regulatory Compliance (CA Background)

Location – Powai, Mumbai

Job Description

Responsibilities would include:

Independent Management of LTI subsidiaries –

Ensuring quarterly/regular Board meetings, agendas, drafting minutes, action points, updation of registers, quarterly filing of Forms.
Secretarial/Compliance Audit of subsidiaries- data compilation/filling secretarial compliance checklist and ensure smooth conduct of secretarial/compliance audit
Compliances- Annual & interim Disclosures of Directors, coordination & Filing of APR (overseas subsidiaries) and other MCA & RBI compliances.

Independent Management of LTI Branches- Updation of records/ compliances, renewals of registration and licenses

Assistance for LTI- Board & Committee Management: Assist in meeting calendar, Conduct of Board & Committee Meetings, preparing draft agendas, minutes and updating records.

Independent Management of LTI-Investor Services:

o Oversee, monitor & coordinate with RTA on various investor services –timely resolution of investor complaints & requests; and

o Coordination with RTA for different corporate actions- Dividend processing & Management, voting, Postal Ballot, ESOP and for reporting are with Stock Exchanges.

ESOP Management – Implementation of ESOP Schemes in coordination with HR and L&T ESOP Cell- Email Notification for Exercise period, allotment & corporate action and listing of exercised vested options, filing with ROC & RBI and updation of shareholder records.

Monitoring of Insider Trading compliances- MonitoringInsider trading reports, track and ensure approvals, timely disclosures, updation of insider list & coordination with HR on entry & exit, facilitating and ensuring awareness of emails

Compliances of RPT– monitoring and updation of list of RPs and coordination with Finance team for monitoring & control of RPTs & reporting for Audit Committee presentation

LTI Board Management– Tracking of Directors attendance, commission structure, provision and payment of fees/Commission and their annual and interim disclosures.

Statutory Quarterly and Event related filings/ disclosures with MCA & Stock Exchanges.

Projects- Lead LTI Annual Report Compilation– Benchmarking & tracking requirements both regulatory & strategic, planning timelines, coordination, compilation, reviewing and getting same finalized through internal stakeholders, Management and outside agencies -printer, designer, layout, proof reading, final sign off from internal stakeholders and publication and dissemination.

Projects- Lead Shareholders Meeting– Convening of AGM/EGM- Planning activities, booking venue-offline/virtual, coordination with internal & external stakeholders, dealing with speaker shareholders, Q&A, Chairman report and related disclosures.

LTI- Strategic: Assist in M&A related and Scheme matters, where assigned.

M&A: Assistance towards due diligence during acquisition, closure activities- Change in ownership/ management/ transfer/ minutes/resolutions/ updation of registers, post closure action points- SPA related secretarial compliances, ROC forms, intimation to authorities, Authorizations.

Merger/ Schemes- Assist in review of Scheme related documents, coordination with inter-department stakeholders for information, lawyer and agencies related to documents, review, execution, hearing and closure & regulatory filings.

Standardization/ Automation/SOP of Processes overseen

Budgeting: Maintenance and overseeing of budgets for the projects overseeing.

Updation & Impact assessment of changes in law/compliances in areas of work.

Secondary Accountabilities

Inter-departmental Support- Advisory related support to CSR /Finance/ Business (RFP/ RFIs)
Support gap/ team for secretarial compliances/ ongoing projects
Support Management with MIS reports- ESOP, Directors remuneration, benchmarking of industry practices

To set up an interview:

Pls Contact – Tanveer Alchi

Email – Tanveer.alchi@lntinfotech.com

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INTRODUCTION

The number of states in the international community is not exhaustive as it is a fluctuating affair with the disintegration of existing States resulting in the formation of new States or already existing States uniting to form one amalgamated State etc. Thus, arising the need for State recognition. Recognition of a State is a formal declaration of intent by one State to acknowledge the existence of another power as a State within the meaning of International law.

THEORIES OF RECOGNITION OF STATES

Constitutive Theory

The main exponents of this theory are Oppenhiem, Hegal and Anziloti. This theory states that it is the already-established-States that recognize the international status of newly formed States and give it the legal personality as a result of such recognition and not the process that actually gave it the independence. As a result, an “unrecognized State” will be devoid of any legal personality and hence would not have any rights or be subject to obligations under international law such as the prohibition on aggression, etc.

For example- Poland and Czechoslovakia were recognized by the Treaty of Versaille.

Declaratory Theory

Chief exponents of this theory are- Brierly, Fisher, etc. This theory is the total opposite of the constitutive theory and is more in harmony with the practical realities of today. It states that the recognition by other States has nothing to do with the existence of the State that establishes by its own legal efforts and circumstances. It describes recognition as a mere formality that does not affect the statehood that exists before and independent of recognition.

For example- Taiwan is a democratic country & is recognized by some but it has business dealings with almost everyone in the country.

CURRENT STATUS

In the current scenario from the past two decades, one can say that the practice has taken somewhat a middle stance of both theories. It may be right to say that recognition is highly political and is given in several cases for purely political reasons. Recognition is constitutive as it is evidence of acceptance of a new entity as a State with its political status by the community of States. But at the same time, it is declaratory as it does not imply that rights and duties arise out of such a recognition.

For example– the Arab world and Israel, the USA, and certain communist nations do not imply that the other party does not have any rights or are not subject to liabilities under International law, they just do not recognize them as State due to political reasons. The most important criteria for recognition is the fulfillment of elements of Statehood under international law that are listed below.

Article 1 of Montevideo Conference, 1933, lists down the following essentials that an entity shall have to be recognized as a State under international law.

Permanent population
Definite territory controlled by it
There should be a government
The entity should have the capacity to enter into relations with other States.

MODES OF RECOGNITION

DE FACTO RECOGNITION

When an existing State recognizes that the new State fulfills the essentials of Statehood under International Law but lacks stability and there are doubts as to its capability to fulfill obligations under International law, it is granted De Facto recognition. It is a temporary and provisional recognition that could be withdrawn in case of non-fulfillment of the requirements of the recognition. The States are vested with only limited power and obligations against other States and cannot enjoy full diplomatic immunities. De Facto recognition is a process of recognition by a non-committal act. De facto recognition can be considered a test of control for newly formed States and paves the way for De Jure recognition once it generates satisfactory results.

States that have De Facto recognition lack eligibility to be members of the United Nations.

DE JURE RECOGNITION

When a recognizing State feels that the recognized State fulfills all the essentials of Statehood and there are no doubts as to the long-term viability of the State, a De Jure recognition is granted. It is permanent and cannot be revoked. The such States have absolute rights and obligations against other States and enjoy full diplomatic immunities. This recognition is either expressly Stated by the recognizing State through a formal order or maybe impliedly communicated like commencing diplomatic relations.

A State doesn’t need to be given De Facto recognition first to be granted De Jure later, it can be directly granted.

An example of De Facto that was transformed to De Jure is- the United Kingdom recognized the Soviet Union (established in 1917) De Facto in 1921 and De Jure in 1924.

TYPES OF RECOGNITION

EXPRESS RECOGNITION

Under this type, a public Statement/declaration through a notification is made to announce recognition. For example- In 1963, a declaration was made by the French President to recognize the independence of Algeria.

IMPLIED RECOGNITION

Under this, a formal declaration is not made rather it is implied by some act that clearly communicates the intention.

PREMATURE RECOGNITION

Premature recognition is recognizing an entity that does not have elements of Statehood completely. For example- Palestine

COLLECTIVE RECOGNITION

It means recognition through an international treaty. For example- in 1975, 5 ASEAN countries recognized Cambodia.

CONDITIONAL RECOGNITION

In this, recognition is granted subject to conditions to be fulfilled.

LEGAL EFFECTS OF RECOGNITION

As mentioned before, on gaining recognition, a State is endowed with certain rights, immunities and is subject to certain obligations. Some of the legal outcomes of recognition are as follows:-

Gains the right to sue and be sued.
Acquires the capacity to enter diplomatic relations
After recognition, State succession is possible.
Can enter into treaties with other States.
Can be a part of UN

Kosovo declared its independence from Serbia in February 2008. This caused a ruckus amongst the States. At first, the United Kingdom, United States, and France recognized it as a State, and China and Russia didn’t. Later ICJ declared that the declaration of independence was not violative of the UN’s provisions of Statehood.

CONCLUSION

Recognition is the most important concept of International law as it determines what entities will be State or not. As mentioned before, current practice is somewhat a blend of constitutive and declaratory theory. Recognition is what endows rights and obligations on a State and consequences on both the international plane and within municipal laws. Hence an understanding of the subject is required. Recognition can most of the time be politically motivated and hence can be of any of the types mentioned above like- De Facto, De Jure, express, implied, etc.

The article is written by Munmun Kaur, a law student from Law Centre-I, Faculty of Law, Delhi University.

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

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Supreme Court Bar Association wrote a letter to the Chief Justice of India N.V Ramana saying that the current situation of Covid-19 is normal and there were a lot of cases pending in Delhi, so The SCBA requested and wrote a letter to CJI to start the physical hearings of SC following strict rules with Covid-19 protocols.

Where, the former Solicitor General and Senior Supreme Court lawyer, Vikas Singh had written the letter to the Chief Justice of India and requested the chief justice of India to resume the physical hearings of the courts following strict rules with covid-19 protocols. In this letter, the supreme court bar association said that most of the Lawyers aged below 45 years had been undertaken a vaccination program and while Advocates who were above 45 years have already been vaccinated.

The SCBA said that in the present scenario where we would start the court normally by taking care of the covid-19 so that the court functions do not affect in any manner. Supreme Court Bar Association also added that if the third wave hits we would be known only when the action of virus takes place and since the government is aggressively conduction genome sequencing. The fact of the third wave would be known in the public areas the moment it states that the SCBA has added.

SCBA has also mentioned that almost all our stakeholders have been taken their first dose of vaccine and most of them have taken two doses as well. And also said that there is a slot of 45 minutes should be assigned for miscellaneous and final disposal matters and thereafter that three slots of 1 hour should be assigned for two final hearings matters in each slot so that the total 6 final hearing matters can be taken up.

To avoid overcrowding in the courtrooms so for that media persons should not be allowed in the courtrooms and should only be allowed to watch the proceedings through virtual mode only said the supreme court bar association. Finally, the Bar Association said that even the litigants were not be allowed to the courtrooms because we don’t know their vaccination status. And Advocates may be allowed to access the libraries and lounges in the high-security zone.

-Report by RAVINUTHALA VAMSI KRISHNA

About GAIL

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About Dharmashastra National Law University:

Dharmashastra National Law University, Jabalpur is a National Law University located at Jabalpur, Madhya Pradesh, India. It was established by the Madhya Pradesh Dharmashastra National Law University Ordinance in 2018.

About Vidhi Mitra:

Vidhi Mitra, The Legal Aid Cell, Dharmashastra National Law University, Jabalpur was established in the year 2018. Its aim is to make the legal system and justice more accessible to the general public and create awareness amongst the people about the contemporary legal issues and established rights of the people.

About the Blog:

The Vidhi Mitra Blog is aimed to provide an active forum to the legal fraternity to express and share their experiences and opinions on contemporary legal issues and themes prescribed by the cell.

Theme:

The Editorial Board of the Blog is inviting articles, case notes, blog posts, book reviews and discussion within the aim and scope of the subject matter, i.e., “Justice to Victims of War”.

Justice to Victims of War:

The victims of war, in a narrow sense, are those who directly suffered a loss due to the ongoing war such as the people who lost their lives, got injured or had a loss of property.

But the war does not discriminate between a soldier and a civilian. Thus, in a much broader sense, the victims of war are all those people whose lives were affected due to this internationally unlawful act.

From a humanitarian perspective, armed conflicts and violence are about people – the risks, vulnerabilities and suffering they are exposed to, and the actions that must be undertaken to prevent, mitigate or put an end to that suffering.

In this spirit, the present edition focuses on the people affected by armed violence, and on how they can be better protected, assisted, and treated with dignity.

Objective:

The theme aims to offer a reflection on the needs of the victims of war. The theme also seeks to deepen the intellectual roots by exploring the possibilities in a war-scarred region and the challenges that people face due to the ongoing war. It does not confine the term war to an armed fight but also looks into a broad sense and takes into consideration the wars related to drugs, migration, property, terrorism, etc. It also aims at analysing the potential of the treaties signed post-war in the field of law. The work of the author(s) must represent a new idea or contribution to the jurisprudence of the topic. Arguments must be logical and backed by facts.

Sub-Themes:

There are countless topics to explore for research in the presented theme, but keeping in mind the current subject matters of discussion on the achievement of social justice for children and adolescents, we have divided our theme into the following sub-themes:

Issues revolving around Israel-Palestine
War in countries affected by terrorism such as Syria, Afghanistan, etc
Conventions on War such as the Geneva Convention
Countries going through the cold war
Drug Wars
Post War treaties
World Wars affects on the International Law
Rights for the Victims of War
War and the Crisis of Immigration

Submission Guidelines:

The author may choose one or more sub-themes for his/her manuscript.
The article should be an original work of the author and neither published nor under consideration for publication in any other journal or blog. The work must not be plagiarized.
Co-authorship (limited to 2 authors) is allowed.
The Word Limit for, Articles: 2500-3500 words; Case Notes: 1000-2000 words; Book Review: 1500-2500 words; Blog: 1000-1500 words. Manuscripts above the prescribed word limit shall not be considered as a general rule, except under special circumstances subject to the sole discretion of the Editorial Board. In case author(s) want(s) to roll out a series of blogs, the decision on the word limit shall be taken by the editorial board accordingly.
All submissions should be typed in font Times New Roman with heading size 14, font size 12, line spacing 1.5′; justified.
The submissions should be made online in an MS Word format document to: legalaid@mpdnlu.ac.in mentioning the details of the author(s), the category of the manuscript and the sub-theme(s).

Citation Format:

The Bluebook, A Uniform System of Citation (21st Ed.) is to be followed for citation. All endnotes must be in Times New Roman, font size 10, single-spacing and justified text.

Deadline:

The last date for all the submissions will be 25th July 2021.

Contact Info:

In the case of any queries, contact at: legalaid@mpdnlu.ac.in

Arpit Sanjar – +91 7440480281

Sagar Rai – +91 9753083908

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About Chanakya National Law University:

Chanakya National Law University is a public law school and a National law University in Patna, Bihar, India. It was established in 2006 by the Government of Bihar as a public university dedicated to the field of legal education. The Chief Justice of Patna High Court is the ex officio chancellor of the university.

About the IP Bulletin:

The IP BULLETIN (Intellectual Property Bulletin) is a publication of the Centre for Innovation Research and Facilitation in Intellectual Property for Humanity and Development (CIRF-in- IPHD). It is a Quarterly Magazine. It carries news, column, case reports, essay writings events and activities, research in the domain of Intellectual Property Rights. It has to carry the application of intellectual creation which are of commercial significance. Intellectual property is a creation of the mind. Why does it require protection? Whether all of us are aware of Intellectual Property? Whether Intellectual property can speed up industrialization, commercialisation and generate employment? Whether Intellectual Property can boost up ‘Make in India: Made in India; ‘Stand up India: Startup India’ Program? Whether Intellectual Creation have the potency of making ‘Self-Reliant Bharat’ (Atma Nirbhar)? The Government of India has formulated the ‘National IP Policy’ in 2016 with the slogan ‘Creative India: Innovative India’. It aims to IPR Awareness: Outreach and Promotion, To stimulate the generation of IPR, Legal and Legislative Framework – To have strong and effective IPR laws, which balances the interests of rights owners with the larger public interest, Administration and Management – To modernize and strengthen service-oriented IPR administration, Commercialization of IPR – Get value for IPRs through commercialization, Enforcement and Adjudication – To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements, Human Capital Development – To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPR.

The IP BULLETIN is another venture of the Centre with respect to the National IPR Policy 2016 and strives to work as per CIPAM and MSME has been working towards the propagation of creativity, innovation, industrialization and commercialization of intellectual property. This Bulletin has features like events, columns, news, research information, case review, essays etc. The first Quarterly issue of December 2020 is hereby submitted before the learned scholars, policymakers, entrepreneurs, MSME, businessmen, administrators, agriculturists and all the concerned stakeholders.

Call for Papers:

CIRF in IPHD calls for original and unpublished research papers, for the publication in the E-magazine IP Bulletin of the Centre namely: The E-Magazine IP Bulletin is based on Creative India Innovative India mission in the National IPR Policy 2016; and National Innovation and startup Policy (NISP) 2019, India related to copyright, Patents, Trade Marks, Geographical Indications, Plant Varieties and Farmer’s Rights, Bio-Diversity, Layout design and integrated circuits, Industrial Design, Traditional Knowledge, entrepreneurial issues, achievements, innovation, IP and MSME and overall IP ecosystem. The IP Bulletin deals with the working of the IP ecosystem in India, How the economy is helpful with IPRs. Please go through NIPRs Policy 2016, and NISP 2019.

Submission Guidelines:

The Authors (Academicians, Researchers, Professionals, Advocates Students, Activists, Entrepreneurs, etc) from any discipline, National or international are invited to contribute submission in 4000-6000 words.
Times New Roman, 12 font
Bluebook citation
Footnotes at the bottom of the pages
References at the end

Submission Procedure:

The paper may be sent on the Email: cirf.journal@gmail.com

Contact Info:

Mobile No.-+91-7667074426

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