Month: January 2022

INTRODUCTION

In the current globalization period of the electronic and IT age where providers, clients, purchasers, and laborers are all at better places and are isolated by various time regions questions which emerge should be settled through electronic intervention so that time and cash both can be saved. This article attempts to harp to a greater degree toward the thrilling fate of e-assertion gave frameworks of checks and equilibrium are kept up with like conventional discretion ¹.
The utilization of innovation in debate goals is presently not an uncommon event. The ideas of worldwide exchange and unfamiliar venture are cherished in the crucial idea of global business assertion and online debate goal. 2021, the time of hope, brought a limit with regards to more noteworthy work and global venture. Because of the uncommon dependence on virtual or advanced advances in 2020, substances, for example, organizations, firms, and legal counselors began encountering digital assaults.
While, the innovative progressions have now overcome much enough for everybody to know that, in a limited way, information and security hazards are constantly implied, the highly sensitive situation in 2020 constrained attorneys, customers, and foundations towards remote working frameworks that are intensely reliant upon online innovation and administrations².
In India, an internet-based mediation statement in customary and e-contracts is substantial under Section 7 of the Arbitration and Conciliation Act of 1996 (the “Act”). This has released Pandora’s container of specialized and lawful intricacies. Law offices have turned into a most loved objective for such exercises. Law offices work in a framework that is dynamic, non-static and various briefs are taken care of all the while by lawyers over messages and online records.

GOING INTO AN ONLINE ARBITRATION AGREEMENT

The different ways by which gatherings go into an internet-based assertion arrangement are by:

• Commonly consenting to determine any questions through the internet-based discretion instrument, and
• Consenting to an internet-based assertion proviso via purchasing any item or administration where the terms of purchasing give so. The agreements of each exchange are available by a hyperlink or are given toward the finish of a page. The permeability of the said agreements assumes a vital part in examining the extent of a noteworthy/enforceable web-based discretion understanding.
  

There are two sorts of sites with regards to deciding if huge consideration of the purchaser was brought towards the state of online intervention or not:

1. Browse-wrap sites
   These sites are of such nature that they expect to agree to the hyperlinked agreements by the purchaser essentially entering the site. Since the hyperlink is regularly dark and, in some cases, thought to be agreed to, these agreements are without any web-based intervention provisos.
2. Click-wrap sites
   Click-wrap sites require the purchaser to effectively show that the purchaser is consenting to their agreements for the buy ¹.

LEGITIMATE VALIDITY OF ONLINE ARBITRATION IN INDIA

While Section 31 (1) of the Act gives that an intervention arrangement will be recorded as a hard copy, it will be perused with Section 4 of the Information Technology Act, 2000 (“IT Act”) which expresses that where any law gives that any matter will be recorded as a hard copy/type-composed/printed, then, at that point, such prerequisite would be considered fulfilled assuming such matter is: (i) made accessible in an electronic structure; and (ii) available to be usable for ensuing reference¹.
In web-based business connections, the issue of checking the character of the restricting gatherings is very normal. One should make certain of the individual’s character with whom they are managing. Section(s) 4 and 5 of the IT Act read with Section 65-B of the Evidence Act explains the legitimate acknowledgment of electronic records and marks. Such online endorsements are crucial in guaranteeing the character, validness, and non-disavowal/legitimacy of information correspondence, along these lines catalyzing trust.
Under the said segments, the Supreme Court, in State of Maharashtra v. Dr. Praful B. Desai, 2003 4 SCC 601, has likewise recognized the execution of video conferencing frameworks to record observer explanations. For consistency, the rules given by the International Chamber of Commerce might be followed.
Online assertion and ADR overall happen under the shadow of the appropriate laws to the topic. The result from the appropriate law where no arrangement is reached (in an internet-based mediation continuing) gives the gatherings included a sensibly solid thought of their negotiating posture in a debate during the period of planning in the intervention procedures. Hence, a steady and all-inclusive methodology in managing the internet-based case the executives’ frameworks for online mediation stay to be in shortfall.
The current law in India can be perceived from two milestone Supreme Court cases, Trimex International FZE Ltd. v. Vedanta Aluminum Ltd., (2010) 3 SCC 1, and Shakti Bhog Foods Ltd. v. Kola Shipping Ltd., AIR 2009 SC 12, wherein the Hon’ble Court has maintained the legitimacy and enforceability of an assertion understanding recorded as a hard copy closed through a trade of messages and electronic archives that were endorsed by the gatherings.

TRUST IN ONLINE ARBITRATION

The capacity of trust and equity in web-based assertion is intricate and incorporates a few variables which need due thought. Because online intervention procedures are virtual, it is hard for the authority to build up trust in and among the gatherings. In internet-based mediation, parties frequently host not met the contradicting get-together, not to mention the judge. This forces a constraint on the comprehension of the referee concerning the gatherings in question, their relationship, and their foundation. The referee passes up the different social signals and a chance to peruse the gatherings’ body language.

CONCLUSION

With the coming of innovation in the developing internet business time, e-mediation are the future anyway the equivalent must be effective on the off chance that there are laws, computerized security, digitization of courts and online paperless legal executive ought to be set up in India, which are followed in any case there will be ascending in more questions and the premise motivation behind discretion will be foiled and shoppers will be denied evenhanded equity.

References

1. Scope of Online Arbitration and its Future in India. usllsadrblog.com. [Online] https://usllsadrblog.com/scope-of-online-arbitration/.
2. Future of arbitration : everything you need to know about e-arbitration . blog.ipleaders.in. [Online] https://blog.ipleaders.in/future-arbitration-everything-need-know-about-e-arbitration/.

This article is written by Sara Agrawal student at Sinhgad Law College, Pune.

INTRODUCTION

Environmental law can be viewed according to two viewpoints human-centric and ecocentric, previous is human-driven, while the latter is nature-driven. Ecocentrism is a part of the thought that tracks down inherent worth in every single living organic entity. It takes a comprehensive perspective on the Earth, rather than the smaller methodology embraced by anthropocentrism.

THE INDIAN WAY TO DEAL WITH ECOCENTRISM

The Indian legal executive prior was leaned towards anthropocentrism. However, continuously, it has moved more towards ecocentrism. Isa Upanishad expounds on the antiquated Indian underlying foundations of ecocentrism. It plainly says that every one of the living and non-living life forms in this universe has a place with God alone. There ought to be an agreement between various species with nobody over the other. Individuals, in a similar way, are not better than any species. Hence, neither people nor some other species have an authentic right to infringe upon the privileges of some other species.
This way of thinking has been treated as the base for some significant worldwide shows and arrangements, similar to Convention for Conservation of Antarctic Living Resources, 1980, The Berne-Convention on Conservation of European Wildlife and Natural Habitats,1982, The Protocol to Antarctic Treaty on Environmental Protection, 1998, and so on India is a signatory to this multitude of arrangements and thus regards them. These settlements give significance to various types of verdure for their inherent worth.

INDIAN LEGAL EXECUTIVE: ANTHROPOCENTRISM TO ECOCENTRISM

It is obvious that in the changing occasions’ ecocentric approach has acquired help. Different reasons can be attributed to something very similar. The preeminent being, the information that the conservation of vegetation is the main key to the protection of humankind. All things considered, without the previous, the last option can’t exist. Besides, it has been understood that the enactments that ensure widely varied vegetation are generally conventional. A few animals groups are nearly terminated, as because of their expanding request, they have been abused. Consequently, these particular species require explicit consideration.
The legal executive of India, similar to that of most different nations, was at first more leaned towards Anthropocentrism than Ecocentrism. The Indian legal executive has after some time made an extreme shift to ecocentrism¹. The prominent change has been produced using accompanying milestone decisions:

• T.N. Godavarman Thirumulpad, 2012
  On account of T.N. Godavarman Thirumulpad, the creature is referred to as Asiatic wild Buffalo, which are found only in the western and easter ghats of India. The court while clarifying the ecocentric approach, expounded on the need for utilization of the equivalent.
• Godavarman Thirumulpad v. Association of India, 2012
  The topic of Godavarman Thirumulpad v. Association of India was the safeguarding of the imperiled types of ‘Red Sandalwood’, which is found in Andhra Pradesh. For this situation, similar to the past one, the court explained the significance of an ecocentric approach.
• A community for Environment Law, WWFI v. Association of India, 2013
  In Center for Environment Law, WWFI v. Association of India, the court stated the judgment with the use of the ecocentric standard. The court illuminated the inborn worth of every living being, albeit the case was petitioned for saving the Asiatic wild lion. This judgment was established in ecocentric standards since it gave significance to all types of creatures, particularly the individuals who were imperiled, regardless of the way that they were instrumental for human endurance or not. Putting together its judgment concerning the reports of specialists, the court held that Asiatic white lions establish an imperiled species. Keeping this into thought, the development of a second home for them to guarantee their endurance becomes vital.

Likewise, the court prescribed separate enactment be made by the parliament of India for the insurance and tirelessness of jeopardized species. It likewise requested the safeguarding of Asiatic wild lions of the Gir timberland situated in Gujarat. Headings were additionally given for the insurance of other imperiled species. This would be founded on a nature-driven and life-driven methodology, rather than a human-driven methodology. The “Species Best Standard” was to be applied from that point on. Explanations in regards to the Wildlife Protection Act, 1972 were made. It was explained that untamed life involves a wide range of vegetation, be it wild or tamed. It was likewise featured that all potential endeavors ought to be made to carry out this demonstration in letter and soul. It was additionally noticed that “Logical thinking” needs to outperform whatever other components with regards to redistribution or some other government assistance conspire for these jeopardized species.
These cases are considered achievements because these cases mean a significant change in the Indian ecological statute. Presently, the Indian legal executive gave significance to the inborn worth of all living life forms like people as crucial parts of nature. In this manner building up ecocentrism in India².

CONCLUSION

Humanity must ensure and protect nature, particularly while expanding ecological exhaustion. Subsequently, rather than regarding ourselves as unrivaled and childishly taking advantage of normal assets, we should invest in our amounts of energy to serve the climate³.

References

1. Are Indian Courts Eco-centric? www.lexquest.in. [Online] https://www.lexquest.in/are-indian-courts-eco-centric/.
2. Anthropocentric v. ecocentric approach to the environment. blog.ipleaders.in. [Online] https://blog.ipleaders.in/anthropocentric-v-ecocentric-approach-to-the-environment/.
3. The Ecosystem Approach betweenEcocentrism and Anthropocentrism. www.academia.edu. [Online] https://www.academia.edu/8004004/The_Ecosystem_Approach_between_Ecocentrism_and_Anthropocentrism.

This article is written by Sara Agrawal student at Sinhgad Law College, Pune.

About Amity Law School Noida

Amity Law School Noida, (ALSN), an institution of Amity University, Uttar Pradesh, not only focuses on the legal aptitude but also on the practicality, while enlightening the students on the intricacies of law. It is fully geared to provide its students with an innovative and stimulating exposure. The high standards of legal education integrate their legal concepts with an incisive and practical understanding of law. The courses here develop the general skills and core competencies essential for legal education. The focus is on the development of the capacity to analyze and reason, oral and written communication, knowledge application,
intellectual curiosity and professional integrity. Amity Law School Noida has been organizing various National and International Mooting competitions, Quizzes, Debates to encourage the students to develop their interest towards law as a whole.

About the Tournament

The ADR Society of Amity Law School Noida is pleased to announce the 5th edition of the prestigious Amity Alternative Dispute Redressal Tournament 2022, scheduled on 3rd March -4th March 2022. This event would be a great opportunity for all law students (Currently pursuing a five-year integrated course, three-year LLB or LLM) across the world.
This event is of great importance in the present scenario as in India there is a legal regime regulating Arbitration & Conciliation and it will help simulate transactional negotiations or mediation, as it involves diverse areas of law, including environmental, intellectual property, family law etc. It is a 2-day event which will consist of three sub-events namely Mediation- Arbitration, Negotiation and Client Counseling. ADR encourages litigants to negotiate directly with each other prior to some other legal process that are very much like a courtroom process. It is an upcoming law arena devoted to preparing a generation of law professionals
capable of facing future demands confidently.
It is a unique initiative and one of the best avenues worldwide where students can experience a medley of dispute resolution activities simultaneously. The main event comprised three sub-events which gives more subject-specific and efficient control over the event and stipulated the knowledge station effectively.
The brief of the events are as follows:

-The Mediation Arbitration Competition – It is a hybrid of Mediation and Arbitration. Each team will consist of 2 participants. A neutral party is adopted for mediation and if failed the party must go for Arbitration.
– Negotiation competition – Each team will consist of 2 participants one will be the attorney and the other being the client, who will negotiate the differing party in the most adept manner.
-Client Counseling Competition – Each team shall consist of 2 members. The Competition simulates a law office consultation in which two law students, acting as lawyers are presented with a hypothetical dispute brought before them by a client-actor.
*Note: One team can participate only in one event in the whole ADR Tournament.

Subject Matter of the Competition:

• Civil Law
• Contract Law
• Constitutional Law
• Consumer Law
• Intellectual Property Rights
• Family Law
• Environmental Laws
• Property Law
• Company Law
• Any Other Ancillary Laws.

(Note: The subject area is not limited to the above-mentioned domain of law)

Eligibility

• It is mandatory for each college/institute team to take part in all 3 above-mentioned events to be eligible for the ADR Tournament Prize.
• Maximum two teams from each college/institute are allowed to participate in each event.
• The participants shall be students from any year/semester of the three or five-year LLB course or LLM from any Law College/Institute.

Other Details

• To register for 5 th Amity ADR Tournament, please fill the following form to book a slot:-CLICK HERE
• The mode of the competition will be depending upon the situation of the pandemic along with state government rules.
• Negotiation simulations should be sent to the given email address with the subject “Negotiation stimulation by: Team Code-**” on the specified dates. Email Address: – adrsocietyalsn@gmail.com
• For any query Subject of the email to be sent will be “5th Amity ADR Tournament Query” along with the details of their respective colleges.
• The participants shall have the hard copy as well as a soft copy of Negotiation Simulations handy at the time of the event, so as to share it if required.
• The competition is capped to the participation of 40 institutes across the globe. The Registration will be accepted on first-cum-first-serve basis.
• Copy of the vaccination certificate for either dose is needed to be submitted to the institution beforehand.
• Lunch will be provided by the ADR committee on both days of the event.
• In case the participating teams are coming from out of town, they will be provided with full assistance by the core committee to find accommodation near the campus, but no accommodation would be provided by us.

Important Dates

Last Date to fill the Registration form: 22nd January 2022
Last Date for payment:05th February 2022
Release of Negotiation Problem:15th February 2022
Last date to seek clarification of the Negotiation Problem:18th February 2022
Date of clarification’s release: 20th February 2022
Last date to Submit Negotiation Simulation: 01st March 2022
Release of Med-Arb Problem: 01st March 2022

Registration Fees

Rs 3000/- per event ( Mode of Payment details will be out shortly).

Contact Details

Mail to: pghai@amity.edu or  rsinha3@amity.edu

Disclaimer: All information posted by us on LexPeeps is true to our knowledge. But still it is suggested that you check and confirm things on your level.

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About NLUO

The National Law University Odisha (NLUO) is an institution of legal education focusing on undergraduate and graduate legal and policy education in India.

About the Board

The Alternative Dispute Resolution (ADR) Board has been established with the objective to increase awareness and promote research in the field of ADR. It strives to generate interest in ADR as an effective means of dispute resolution.

About the Newsletter

In order to carry forward the objectives of the Board, the Board started the e-Newsletter to catalyse the awareness about alternative dispute resolution and to foster ADR culture with the participation of students in research avenues.

The primary objective of the e-Newsletter is to disseminate knowledge relating to current affairs in the field of ADR. The e-Newsletter intends to include articles and interviews from students, experts, academicians and reputed legal professionals practising in the field of ADR.

Theme

The submission should deal with a relevant or topical issue concerning any contemporary legal developments in ADR, including but not limited to recent judicial/legislative changes, at both national as well as international level and must provide the author’s take on the issue, explaining the legal background succinctly and clearly.

Submission Guidelines

Contributors are requested to strictly adhere to the guidelines. Any submissions made in variation to the guidelines below shall be considered to be invalid.

• Body of the article: Garamond, Font size 12, 1.5 line spacing
• Footnotes: 20th Bluebook, Garamond, Font size 10, single line spacing
• Abstract: Not required
• Length: 1500-2000 words exclusive of footnote
• Submission shall be made in (.doc)/(.docx) format
• Title of the document – Volume VII: (Title of the Article). The title of the document should not contain any reference to the identity of the authors.
• The document should not contain any reference to the identity of the author, their institutional affiliations and their qualifications.
• Co-authorship is allowed to a maximum of two authors.
• The deadline for submissions is 11:59 PM on 13th February 2022.

Submission Portal

All the submissions shall be made at the submission portal here.

Kindly refrain from submitting articles via mail at adrboard@nluo.ac.in as they shall not be considered for the newsletter.

Contact Details

Mail to: adrboard@nluo.ac.in

Call at:

Yajat Bansal: + 91 7974918148, Siddharth Jain : + 91 7974682678

Disclaimer: All information posted by us on LexPeeps is true to our knowledge. But still it is suggested that you check and confirm things on your level.

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Introduction

Spyware has always been a murky subject in terms of spying between governments. Spyware has been viewed as a critical component since it is thought critically to monitor and identify individuals who may be involved in illegal or terrorist activities. On the other hand, it is hugely controversial because, while ostensibly targeting criminal activity, such organizations or businesses may attack civil citizens or protestors in any region. This is an important point to remember since such meddling might result in a cyberwar or cyberattack, which could affect the political system of a country like Estonia. The Pegasus case has served as a forewarning of forthcoming cybersecurity concerns and the legislation that is required to address them.

Facts

• NSO group technologies is an Israeli firm that specializes in the investigation. This firm developed the spyware known as ‘Pegasus.’ It is a commercial company that monitors terrorists, drug traffickers, and other criminals, supporting government intelligence and law enforcement in overcoming encryption and technical hurdles.
• WhatsApp, which is owned by Facebook Inc., filed a lawsuit against NSO Group Technologies in California court on October 29th, 2019.
• According to WhatsApp, the malware ‘Pegasus’ deployed by the corporation compromised the phone systems of 1,400 users from all over the world. Users included civil society members, journalists, and Human Rights defenders from nearly twenty nations, according to the report.
• Because NSO Group was unable to respond or attend in court, the court issued a notice of default.
• It was claimed that the corporation used computer infrastructure and remote monitoring to insert spyware into customers’ devices via WhatsApp, causing a dangerous code to establish a connection between the users and the company without the consumers’ knowledge.
• NSO groups claimed that they were not properly served with notice of the action in a timely manner, in violation of international law.
• According to WhatsApp, multiple attempts were made to serve the notification on the firm.
• On March 6, 2020, NSO filed an application with a California court to have the previous decision overturned because the notice was not served on time, which is a violation of The Hague Convention due to WhatsApp’s incomplete service.
• NSO filed a separate case against WhatsApp in Israel on November 26th, stating that Facebook had disabled their private accounts. Facebook responded by stating that they had done so for security concerns.

Argument and Decision

NSO stated that the petitioner had breached international law by failing to provide legal notice of the action filed in a California court of law. They further claimed that they were just targeting the customer’s database provided to them and that they had no intention of targeting WhatsApp users. Furthermore, they asserted that the company’s customers are foreign sovereigns and that as a private agent for such users and of a foreign state, they are entitled to immunity under US law. It was also maintained that because they were acting as a supplier and were following the orders of their customers or the government, they could not be held accountable. WhatsApp contended that the NSO’s action was purposeful and intended to spy on those involved in social causes or other civil society members. It requested a permanent order from the court to prevent NSO from interfering with WhatsApp and Facebook’s computer systems. It claimed that NSO had broken the California Comprehensive Computer Data Access and Fraud Act and had trespassed on WhatsApp’s premises without permission. The District Court of California ruled in favor of WhatsApp in July 2020, and the litigation will move forward.

What is Pegasus

NSO, an Israeli cyber arms outfit, developed spyware to track a user’s mobile device. A link is provided to the user or targeted person in this spyware, and as soon as the targeted person opens the link, malware is injected into the device, allowing surveillance of the target. A new version of the same is said to be more powerful and destructive, and it doesn’t even need the user’s help. This spyware was produced by the organization to keep an eye on terrorists and
other criminals. To carry out such actions, the NSO collaborates with other governments and law enforcement agencies.

Effects

The charges stated by WhatsApp in its court application are extremely serious. According to WhatsApp, once this malware has been downloaded to a user’s smartphone, it can access emails, SMSs, passwords, location, network information, browser history, and device settings. The Citizen Lab claims that in addition to contact lists and emails, it has access to the device’s camera and microphone, allowing it to record all calls and messages. Pegasus has also allegedly used WhatsApp’s video and voice call functions, allowing the spyware to infiltrate the smartphone without the user’s knowledge.

Indian Laws governing Spyware Attacks

In India, the Pegasus case served as a wake-up call. Many Indian activists and civil society members were allegedly spied on by this spyware, according to WhatsApp. This calls into doubt India’s data protection and privacy laws. The ‘Right to Privacy’ was recognized as a fundamental right in the case of Justice Puttaswamy v. Union of India, and like any other fundamental right, it is subject to some limitations. There are four tests that can be utilized in privacy cases, according to Justice Chelameshwar:
Under Article 14, arbitrary state action may be subject to a reasonableness inquiry. The verdict makes it apparent that privacy, as a basic right, is a private aspect of citizens’ lives that must be preserved as a right under Article 21, which guarantees the right to life and personal liberty. Even when certain limits are imposed for the sake of public order or national security, people’s fundamental rights should not be violated. The Pegasus case demonstrated how spyware can compromise a user’s privacy and personal information. As a result, it is critical to analyze and implement a solid data privacy policy.

Conclusion

Spyware incidents like Pegasus represent the beginning of a new era of digital warfare. Such situations are likely to become more common as technology advances. It is critical that there are strict rules in place in the event of foreign unauthorised access to devices and spyware control limitations. The Pegasus case also emphasized the necessity for spyware regulation, as the goal of targeting users who are criminals or suspicion of criminal activity might extend to spying on persons like activists and protestors, threatening democracy and individual privacy in the long run.

References–
1. The Pegasus case and the laws concerning spyware in India – iPleaders

This article is written by Vidushi Joshi student at UPES, Dehradun.

The environment is very crucial for us to understand as it defines our surroundings and impacts the way we live. It consists of the air we breathe, water covering Earth’s major surface, and plants and animals that live on this planet. It is important to understand the word “environment” and realize how important it is in our daily life. Studies have shown how scientists study the way people influence each other. They have found out that the majority of us are responsible for deforestation, air pollution and climate changes, Acid rain which is dangerous to the animals as well as our health.
The government from the last few decades has been initiating and shown interest in protecting and promoting the environment by enacting Environmental laws.

Meaning of Environment

It encompasses everything of water, air, and land, as well as their interactions with humans, other living things, and objects. The environment is a multidimensional and polycentric problem that affects human existence.

• Air pollution

The gases oxygen, nitrogen, carbon dioxide, argon, and others make up air. When chemicals, particles, or biological materials are released into the atmosphere, they cause discomfort, sickness, or death in humans., along with damage to other living things such as food crops, the natural environment, or the built environment.

• Noise Pollution

Any undesired sound that disturbs environmental balance is said to as ‘noise.’ Decibels are being used to measure noise. Motor vehicles, aircraft, firecrackers, sirens, loudspeakers, and machinery are all major sources of ‘noise’.

• Land Pollution

Deforestation, the discharge of toxic compounds onto the land, the placement of filthy waste on the land, the dumping of rubbish, medical wastes, and other factors all contribute to soil pollution. Pesticide misuse is also a source of land contamination since it contaminates water.

• Solid Waste Pollution

Wastes are materials that are no longer required and, if not treated further, will become economically useless. Organic wastes, ashes, biomedical wastes, body parts of slain animals, dry or wet rubbish from domestic activities, such as plastics, metals, woods, glass, paper, detergents, industrial wastes, industrial discharges, and so on are all termed “solid wastes.”

• Food Pollution

All living things need food to get the energy they need to go about their everyday lives. The health of the customer will be harmed if the food ingested is contaminated or adulterated. The use of chemical fertilizers and pesticides at various phases of plant growth is the beginning of food pollution.

Legal Mechanism in relation to environment Protection

Environmental law is a mechanism for environmental preservation, as well as for controlling or preventing any act or omission that pollutes or threatens to damage it. An environmental legal system is a set of laws and administrative norms that govern and define people’s interactions with the environment, as well as people’s interactions with the environment itself. The Honourable Supreme Court described “Environmental Law” as a tool to protect and develop the environment, as well as to governor prevent any action that contaminates or is likely to harm the environment, in K. M. Chinnappa v. Union of India.

• The Environment Protection Act, 1986

The Bhopal Gas Disaster compelled India’s government to implement extensive environmental rules, including regulations surrounding the storage, management, and disposal of hazardous materials. The Indian Parliament passed the Environment Protection Act, 1986, based on these rules. The government established Pollution Control Boards
(PCBs) within the framework of these laws in order to prevent, control, and abate environmental pollution.

• The Noise Pollution (Regulation and Control) Rules, 2000

The Environment Protection Act of 1986, or any other regulation, made no clear provision for ‘noise pollution.’ Ambient noise levels in public locations are rising as a result of different sources such as industrial activities, generator sets, loudspeakers, and vehicle horns, among others. It was imperative that a law be enacted that would regulate and control noise-producing sounds with the goal of preserving ambient air quality requirements in terms of noise.

• The Public Liability Insurance Act, 1981

This Act intends to give quick relief to those who have been injured as a result of an accident involving a hazardous material. It states that before handling any hazardous substance, every owner must obtain one or more insurance policies that provide for insurance contracts. The goal of purchasing insurance is to ensure that compensation is provided in the event of a future accident.

What does Environmental law cover?

Pollution is the first and most apparent method that the public is aware of and engaged with environmental law. Some of the world’s first environmental laws address the preservation of our environment from toxic elements, with the goal of improving public health as a result.

• Air Pollution and Quality: This is the process of enforcing air quality regulations by monitoring what constitutes safe levels of specific pollutants produced by industrial operations, motor vehicles, and other aspects of our daily life. There are laws in place to guarantee that working conditions are safe both outside and inside. They are intended to safeguard human and environmental health.
• Even with the greatest of intentions, toxic spills and leaks can occur. Some are the product of carelessness, while others are unavoidable. Irrespective of whether a chemical leak is avoidable or unavoidable, there are laws that must be obeyed to decide what the responsible party and the cleanup team must undertake to ensure that contamination is minimized and controlled.
• Chemical safety rules strive to regulate how we utilize chemicals in any job where they are employed, from industrial manufacturing to agriculture, testing laboratories, professional cleaners, and repair garages. This includes proper chemical storage, use, safety equipment in the application, storage container types, and how (and to whom) they are purchased and sold, such as licenses, to registered firms, and so on.
• There are regulations that restrict what humans may and cannot do to and with water supplies at the local, national, and international levels. Pollutants can affect drinking water and local places, and they can also find its directly into the water system and into the oceans, potentially inflicting widespread damage.

References:

This article is written by Vidushi Joshi student at UPES, Dehradun

Women have always played an important role in our civilization’s growth. They are the ones who developed and are a large part of the societal norm. They shape entire generations. Any community’s lifeblood is its women. They are supposed to look after things with all of their hearts while expanding their proportions to assist society’s shared realm, whether at home, at work, or on vacation. In the anthropology group, they are believed to be the most trustworthy.
As a result, women have not been treated equally to men since ancient civilization till now. Men consider women as second-class citizens. They are in a bad situation.

They don’t even have access to constitutionally guaranteed fundamental human rights. Women themselves are terrified of speaking out about this issue for fear of being ostracised from society and denied access to food and other basic necessities if they do. The majority of the time, the issue comes out of a sense of fairness and freedom, when they are denied the opportunity to engage in activities that need independence and are traditionally reserved for males. Due to ill-intentioned and flawed cultural attitudes, Indian women have been prevented from going further and bringing out their personalities in a stronger way. When a woman goes out to look for work, she is regularly interrogated.

The freedom to govern religious issues is guaranteed by Article 26 of the Indian constitution. Every religious denomination or segment thereof, subject to public order, morals, and health shall have the right-To create and maintain religious and philanthropic institutions; to govern its own religious affairs; to own and acquire movable and immovable property and to administer such property in conformity with the law. These guarantees, however, are exclusively available to Indian nationals and not to foreigners.

These, on the other hand, are constitutional provisions that are generally thought to apply to men. Despite Indian constitutions assuring, women in India still do not enjoy the same freedom to participate in, maintain, and oversee religious institutions.

Equality of Opportunity

The right to equality is protected under Articles 14 to 18 of the Indian constitution, and it is widely recognized. “The state shall not refuse to any individual within the territory of India equality before the law or equal protection of the laws,” reads Article 14.

“The state shall not discriminate against any citizen solely on the basis of religion, race, caste, sex, place of birth, or any of them,” as per Art15.

In matters of public employment, Article 16 provides equal opportunity.

“Untouchability is abolished, and its practice in any form is prohibited,” according to Article 17. Except for military or intellectual differences, Article 18 prohibits the use of titles. It is unlawful to admit titles from different countries, such as knighthood.

Conflicts between religions over women

In all religious customs, rituals, and traditions women are always considered second-class citizens. Superstitions are still being followed till today, those superstitions which were believed back in the past. The condition of Indian women has always been a source of controversy.

Various factors, including religious fundamentalism and irrational concerns arising from the minds of conservative elements of society, have been mentioned for these restrictions. It prevents women from exercising their religious rights and excludes them from religious areas. For example, some elements of the temple’s management do not let women enter and worship deities because they believe that women were not allowed even 1500 years ago and that if they do so, the temple will be destroyed.

Because they are in their reproductive phase, women between the ages of 10 and 50 are impure. Menstruating women are not permitted to enter the shrine. These irrational beliefs ignore the genuine biological phenomena of menstruation, which assists women in becoming mothers.

These irrational and radical pessimistic ideas depict a patriarchal society in which men consider women to be adjutants to themselves. However, thanks to the efforts of Bhoomata brigade leader Tirupati Desai, prohibitions on women entering the temple have been eased in Shani Shingnapur and Haji Ali. This is a significant achievement made possible by women activists, and it has shed light on modern women’s inner strength, which had previously been hidden.

Conservatives still believe in superstitions and myths that were once believed. These fallacies continue to be scrutinized before women’s rights and respect. The priests believe that if the customs are modified, God will become enraged and the cosmos will fall apart as a result of God’s vengeance. Women’s boundaries are being pushed back by these pitiful notions, forcing them to live a life that is pointless. Inside temples and religious institutions, which are virtually entirely ruled by men, there is a great deal of corruption. The authorities believe that including women will have an impact on their unlawful money-making activities, and they will take harsh measures against them. In political drama, many political parties do not support women, believing that doing so would grant women the same status as men and would be completely antagonistic to the culture. Some male political leaders molest women, and they are afraid that if a female leader comes to power, she will expose their crimes and harm their so-called reputation. As a result, in order to overcome such serious issues that exist in society against women, we must enlighten male members of society and convince them that women, too, should have equal standing in all spheres and that there should be no discrimination based on gender. Even at home, we must empower them and instill a desire for women’s education.

References

1. Essay on Religious Liberty and Women Rights (upscbuddy.com)

This article is written by Vidushi Joshi student at UPES, Dehradun.

Case number

Criminal Appeal No. 195 of 1960

Equivalent citation

AIR 1962 SC 605

Bench

Hon’ble Justice K. Subba Rao.

Date of Judgement

November 24, 1961.

Relevant Act(s)

The “Evidence Act, 1872”; the “Indian Penal Code, 1860”.

Facts of the case

K.M. Nanavati is the petitioner. He was an Indian naval Officer then. He was married in the year 1949, to Sylvia in England. They also had three children and had shifted to Bombay, after residing in a number of places. Prem Bhagwan Ahuja was a business who also resided in Bombay along with his sister. He had a business in automobiles. Nanavatis were introduced to the Ahujas through some common friends, the Agniks. Prem Ahuja was not married. The petitioner used to stay out of the station most of the time due to his profession. In his absence, Ahuja and Sylvia became friends, and soon she fell in love with him. This resulted in an illicit relationship between both of them. After a certain period of time, Sylvia began doubting Prem and felt that he would not get married to her. Hence, in 1959, on April 27th, Sylvia confessed to Nanavati about her love for Prem Ahuja. Nanavati was infuriated. He went to his naval base to take a semi-automatic pistol along with six cartridges, on a false pretext. He then arrived at Ahuja’s place, went to his bedroom, and asked him if he is ready to marry Sylvia and take responsibility for the children. Prem denied, as a result of which Nanavati shot him thrice and he died on spot. After this whole course of events, he surrendered himself to the police. As a result, he got arrested. He was committed to the Sessions under the charges of “Section 302” as well as “Section 304” of the “Indian Penal Code”. He was declared not guilty then by the jury by 8:1. The sessions judge disagreed with the jury’s decision, and under “Section 307” of the CrPC submitted the case in the Bombay High Court.

Issues

1. Whether the Sessions Judge did not have jurisdiction to exercise “Section 307” of the CrPC?
2. Whether the act committed can be considered as an act done in a “heated moment”?
3. Was there any kind of misdirection?

Arguments

Arguments made by the petitioner:
The counsel first mentioned that Nanavati wanted to kill himself. Sylvia calmed him down. Also, it was claimed that Nanavati had gone to Ahuja’s place just to ask him if he would get married to Sylvia or not. While taking the pistol and cartridges from the base, Nanavati told the ship authorities that since he would travel at night, he needed the pistol for his own safety; and he carried it in an envelope. In reality, he was going to shoot himself and not Ahuja.
When Nanavati arrived at Ahuja’s flat, he asked him if he would marry Sylvia, to which Ahuja denied blatantly. A heated argument took place, and Nanavati had just threatened to thrash Ahuja. He then kept the pistol on a table. Ahuja tried to grab the pistol but failed. In the meantime, the argument escalated between two men. Accidentally shots got fired in the scuffle and killed Prem Ahuja. Hence, Nanavati did not kill him intentionally, and it was not premeditated at all. Even if any crime was committed by Nanavati, it would not be murder and could amount to just culpable homicide.

Arguments made by the respondent:
The counsel for the respondent first mentioned that Ahuja had just come out of the washroom and was still in a towel when Nanavati entered. Therefore, there was no brawl between the two, since the towel did not fall off. Sylvia mentioned that they went to the movies, and Nanavati had dropped them. This shows that he was in a calm mind and was not enraged then. Thus, there was no chance of any “sudden provocation”. It was not an accident, because Ahuja’s sister was in the other room and Nanavati did not bother to inform her about the mishap. Instead, he just left.

Judgement

Judgement of the Bombay High Court:
The case came to the Bombay High Court since the Sessions Judge did not agree to the jury’s decision in the Sessions court where Nanavati was declared not guilty. The case was heard by Hon’ble Justice Jaishanker Manilal Shelat, and Hon’ble Justice Naik. They decided that Nanavati should be convicted under “Section 302” of the “Indian Penal Code”, and gave the sentence of life imprisonment. The court mentioned that it was unreasonable on the jury’s part in the Sessions Court to declare Nanavati not guilty. No case was made to reduce the intensity of the event, i.e., from murder to culpable homicide.

Judgement of the Supreme Court:
The Supreme Court concluded that the concept of “suddenness” was not present in this case. This is because when Sylvia confessed to her illicit relationship with Nanavati, it was serious and grave, but Prem Ahuja was not present on the scene. According to the Hon’ble Supreme Court, since around three hours gap was present between the confession of the wife and the incident, Nanavati had enough time to cool down. Hence, the Apex Court decided in favour of the Bombay High Court’s decision of sentencing the petitioner to life imprisonment. The Court concluded that it was not an act of “grave and sudden provocation”. The Court decided that it was the judge’s duty to instruct the jury as to the legal ramifications. As per the court, the jury was misled due to the judge, which led to an unreasonable judgement by the jury. It was also held by the Court that the Sessions Judge did have jurisdiction to exercise “Section 307” of the CrPC.

Conclusion

This is an important case where the topic of “grave and sudden provocation” was discussed. This case also attracted huge media attention then. The whole nation was shocked by such a “crime of passion”. This case showed that no matter what position an individual holds in society, they would be punished by the law if they commit something unlawful. Another important part of this case was the jury trials. The jury trials were soon discontinued by the Government after this case, due to chances of such misled judgements.

This article is written by Aaratrika Bal student at National Law University Odisha.

Case number

Writ Petition (C) No. 1031 of 2019.

Equivalent citation

AIR 2020 SC 1308.

Bench

Hon’ble Chief Justice of India N. V. Ramana, Hon’ble Justice R. Subhash Reddy, Hon’ble Justice B. R. Gavai.

Date of Judgement

January 10, 2020.

Relevant Act(s)

“Constitution of India”, “The Code of Criminal Procedure (Amendment) Act, 2005”, “The Indian Telegraph Act, 1885”

Facts of the case

The issue came in 2019 when the Government of Jammu and Kashmir issued a “Security Advisory” and directed the tourists (including numerous “Amarnath yatris”) to return in order to ensure safety. Adding to this, orders were issued to shut down educational institutions. Finally, on 4th August, internet connection, phone networks, and landline connections were cut off too. On August 5th, the President decided to impose “Constitutional Order 272”. As per this order, the provisions of the Indian Constitution would be applied to Jammu and Kashmir. Simultaneously, Section 144 of the CrPC was imposed in order to maintain peace in the valley. Due to such restrictions that were imposed, movements of various journalists were hampered a lot as well. As an outcome of this, the “Kashmir Times Srinagar Edition” could not get distributed on 5th August. The petitioner is the executive editor of the “Kashmir Times” newspaper. The petitioner has also claimed that she had not been able to publish the newspaper since the next day, i.e., 6th August 2019. Under Article 32 of the Indian Constitution, the petitioner had approached the Hon’ble Supreme Court, for issuance of a writ for setting aside the orders imposed by the respondents. She claimed that the Internet is an important factor in today’s world. She also claimed for lesser restrictions in the movement of journalists.

Issues

• Whether the Government can claim exemption from producing all orders passed under CrPC Sec 144 and others under suspension rules.
• Whether “freedom of speech and expression” and “freedom to practice any profession, or to carry out any trade” over cyberspace can be considered a fragment of the fundamental rights under “Part III of the Constitution”.
• Was it valid on the Government’s part to restrict internet facilities and to impose restrictions under “Section 144 of the CrPC”?
• Was the petitioner’s “freedom of the press” violated due to the restrictions?

Arguments

Arguments made by the petitioner:
The first argument put forward was that the petitioner could not do her job and get the newspaper published due to the imposed restrictions (on press) from 5th August 2019. Since internet facilities were stopped, the print media got hampered badly. Hence, people’s livelihood got affected due to the restrictions (violation of Article 19(1)(g) of the Indian Constitution). The right to speech was violated, due to the cutting down of internet facilities. It was argued that the restrictions made were not at all reasonable or proportional in any sense. The counsel contended that all the restrictions were levied on the premise of the apprehension of some danger to the regulations and law. Also, there is a difference between “public order” and “law and order”. The restrictions imposed and the measures taken were in order to protect “law and order”. Also, these restrictions did not even seem to be temporary, because it had already been a long time since they were functioning. It was argued that the state should have undertaken a less strict alternative in the beginning. Also, the restricting movement was applied over the entire state, and not in specific regions. The petitioners contended that such a restriction all over the state was unnecessary.

Arguments made by the respondent:
The primary argument made by the respondent was that these restrictions were absolutely necessary in order to fight terrorism in the state. They also claimed that general freedom of expression and speech cannot be applied to the Internet, because there are a lot of dangers on this platform. It was argued that it is not possible to shut down specific websites, hence, a total shutdown was the only alternative. They also claimed that the situation was getting exaggerated.

Judgement

The Court held that the “freedom of speech and expression” and “freedom to practise any profession or to carry out any trade” on cyberspace are protected under Articles 19(1)(a) and 19(1)(g) respectively. It was held that any restrictions on the abovementioned rights, would have to be reasonable and in compliance with Articles 19(2) and 19(6) of the Constitution. Hence a “proportionality test” was ordered by the Apex Court. If the restriction to internet access is not found to be proportional then it would cease to exist. It was held that: “the government cannot contend any exception for providing any order before the court which is passed under Section 144 of the CrPC.” No order was issued by the court to provide remedies to those who were already affected, but a lot of principles were laid down for future suspensions. Apart from these, the court dismissed the plea where the petitioner claimed that freedom of the press was violated due to the restrictions, due to lack of evidence.

Conclusion

Internet is an important part of our daily life in today’s world. We are very much dependent on the internet for a lot of things including trade and business. It can be concluded that Internet has become so important that it is being included in Part III of the Indian Constitution. This judgement is very significant because the primary aim of the case was to judge the legality of the restriction of internet facilities. The Apex Court had also introduced a number of principles that would prevent undue misuse of the powers provided to the Government, especially in such cases.

This article is written by Aaratrika Bal student at National Law University Odisha.

Case number

Criminal Appeal No. 573 of 2016.

Equivalent citation

(2021) 6 SCC 213.

Bench

CJI N. V. Ramana, Hon’ble Justice Surya Kant and Hon’ble Justice Aniruddha Bose.

Date of Judgement

May 7, 2021.

Relevant Act(s)

The “Evidence Act, 1872”; the “Indian Penal Code, 1860” and the “Code of Criminal Procedure, 1973”.

Facts of the case

Both parties were very much related to each other. There had been clashes going on for a long time between the family of Jayamma (appellant), who is the wife of Reddinaika and the family of Jayamma (respondent), who was the deceased wife of Sanna Ramanaika. An argument took place between the two families in 1998 on September 10. During this argument, Reddinaika was assaulted by Ramanika’s son, i.e., Thippeswamynaika. After this incident happened, the appellants arrived at the respondent’s place on 21 st September to confront them about the actions of Ramanaika’s son. A sum of Rs. 4000 was also demanded by the appellants in order to cover the medical treatment costs. A heated altercation happened, as a result of which the appellant party poured kerosene on Jayamma (who is now deceased) and set her on fire. The appellants were explicitly blamed for the death of Jayamma (respondent). Jayamma’s family members heard her screams and tried to set off the fire. In the meantime, the appellants ran away from the scene. Jayamma was then admitted to a “public health entre”. Jayamma was given pain killers and basic treatment by Dr A. Thippeswamy. A medico-legal case was then sent to the Thalak police station. Jayamma gave her statement and she had implicated the whole appellant party under “sections 307, 504, 114” read along with “section 34” of the IPC. Finally, on September 23, Jayamma passed away. The post-mortem report said that she died due to shock which came as a result of her injuries. The appellants got arrested, but with the help of anticipatory bail, they had to be released. When the matter was presented in the trial court, a number of witnesses turned hostile. The issue then was whether Jayamma’s death was suicidal in nature or if it was homicidal. It was noted by the court that all of this was based on the dying declaration of Jayamma. The accused were not convicted due to a lack of genuineness and evidence (except for the dying declaration). Therefore, the court acquitted the appellants. During the High Court hearing, it was decided that the judgement of the trial court would be reversed. The HC of Karnataka decided that a dying declaration was enough to convict an accused. The Hon’ble court convicted the accused under “section 302” read with “section 34” of IPC.

Issues

1. Was it right on the High Court’s part to reverse the decision taken by the trial court?
2. Was it successfully established that Jayamma’s death was not suicidal, and instead was homicidal in nature?

Arguments

• Argument made by the appellants:
  The appellant’s side claimed that the decision taken by the trial court was well structured, unlike that of the High Court which was vague and confusing. It was also contended that the High Court failed to examine the conclusions of the trial court. Thus under “section 378” of the CrPC “, it failed to discharge its obligation”. They claimed that a decision should not be taken just on the basis of a dying declaration and that the motive of the appellants could not be established. Hence, the acquittal is incorrect.
• Argument made by the respondent:
  The learned counsel contended that in cases of death from 100% burn injuries, the dying declaration can be considered enough for a conviction.

Judgement

After a thorough investigation, the Supreme Court found that some modifications had been done in the dying declaration and that the HC of Karnataka had unnecessarily depended a lot on just the dying declaration. The Court also concluded that since Jayamma was in a lot of pain she might have not been in a state to give a proper statement before dying. Hence, the Apex Court decided to acquit the appellants in the present case. The Court also mentioned that high accuracy had been maintained in the dying declaration which was unlikely for an individual who was in such physical condition and also Jayamma was not that literate to describe the whole situation with such details. Jayamma was alive for almost 30 hours, but the authorities did not contact the Executive Magistrate to record the statement of the patient. Hence, the apex court was not convinced enough to accept the dying declaration as the sole piece of evidence to convict the appellants. The Court also pointed out the fact that it was not a family member who had complained to the police, instead it was the doctor. Thus, this also questions the homicidal nature of death. Apart from these, it was also held that it was unfair on the High Court’s part to exercise “section 378” of the CrPC, that too when the trial court gave a right decision.

Conclusion

This is an important judgement that primarily talks about the usage of dying declaration as the sole piece of evidence in any case. A point that should be noted here is that it took so many years to serve justice to Jayamma and her family. During this course of time, the family had to go through a lot. There are so many cases in India that are pending, and the party that suffers the most in these cases are one of the parties. Also, it is not fair to assume that the investigation done by lower courts is inadequate or incorrect. The Supreme Court had given a very detailed and reasonable judgement in this case. This judgement is one of the most significant judgements of 2021.

This article is written by Aaratrika Bal student at National Law University Odisha.