Month: February 2022

Abstract

Gambling, in the current time, is mushrooming at an enormous speed, thereby posing a grave threat to the stakeholders involved due to its inherent vulnerability. The vociferous and the reverberating calls for its legalization newer assume more significance given the nebulous state of gambling laws in the country. Although the legalization would bring with itself a gush of entailing benefits, the profound and the pressing issues at hand pertaining to legalization are required to be given a thorough perusal including the pricking need to overhaul enforcement mechanism rather than venturing into the question of how and when to legalize the gambling given the legal and socioeconomic intricacy of India.

Introduction

It would be apposite, to begin with, the scrutinization of the term “gambling”. Gambling is a game that involves chances of winning or losing money or possessions of bet. Cambridge dictionary defines betting as the habit of risking money and placing a wager on the outcome of sports events. Gambling is a genus while betting is a species and both function on the coefficient of unpredictability especially those of the sporting events. The modern world thrives on the perpetuities of monetary gains and gambling serves as a handy way to satiate those materialistic needs.

This article seeks to systematically articulate the advantages and disadvantages that ensued due to the legalization of gambling, thereby concluding with some apposite and congruous solutions.

Background

India and gambling have had a substantiative co-relationship since ancient times, with the Rig Veda believing to have documented its first description. Since then, gambling has been a popular choice in India among the masses when it came to quick monetary gains in the course of satisfaction with worldly needs. Initially, gambling was encouraged in colonial India due to its economic benefits, but soon, it was illegalized due to its ensuing negative consequences such as bankruptcy, criminal delinquency, etc.

Thus, the Public Gambling Act of India was passed in 1867¹ to regulate and restrict gambling practices, thereby, illegalizing gambling albeit without sufficient punitive sanctions. The Act sought to restrict most forms of gambling including sports gambling (lotteries, casinos, festive gambling, etc were allowed and regulated in a few states) that was wagering in nature involving pure chance (eg: using the roll of dice or marble to determine the outcome) baring the few games that involved “skill” and not pure chance such as horse racing; online games of skill such as rummy, poker, fantasy games, etc. In K.R. Lakshmanan v. State of Tamil Nadu², the Apex court held that “The test of the legality of gambling vis-à-vis nature of sports is dependent upon the dominance of the element of skill/chance with regard to a recognized sport.”

With the advent of the constitution, Subjects of betting and gambling were kept in the State list as entry no. 34. The States have been given the liberty to delve into their own legislation on betting and gambling, having the freedom to regulate and deregulate it. While some states such as Sikkim (which has legalized betting in the online form), Kerala (conducts State-run lotteries), Goa³ (which has legalized casinos), etc have framed their own betting laws, others continue to govern themselves via the Central legislation of 1867. In a nutshell, both online and offline sports betting baring the games involving “skill” are currently illegal in India.

In recent times, gambling has unfettered its wings, mushrooming at an enormous speed with no signs of ebbing down in near future, more so due to the advent of advanced technology, penetration, and access to the internet in even the remotest corner of the world. India, too remained at the forefront to exploit this vice opportunity, with the 2016 ICC and the 2013 IPL betting scandals that involved thousands of crores of Rupees, giving testimony to this booming trend. It was in light of such massive illegal betting markets and the large-scale flouting of the law by the masses that the Supreme Court of India, in 2016, mandated the Law Commission of India (LCI)⁴ to examine a logical way to deal with India’s illegal gambling.

The LCI mentioned in its report that– “since it is not possible to prevent these activities completely, effectively regulating them remains the only viable option” Also, a Private Member Bill was introduced by Mr. Shashi Tharoor in 2018 in this regard, which articulated the legalization of sports betting in India under strict surveillance as it would curb the illegalized betting ecosystem in India which was under the monopolistic ambit of underworld mafias. It would curb the black money market, along with the generation of massive revenues for the government which could then be utilized for funding the sports infrastructure and betterment of athletes. Some of the potential restrictions that the bill sought to introduce were barring the minors from participating and limiting the highest betting fees one can bid. The bill impeccably envisioned the regulation mechanism by introducing a 7 member committee that would be responsible for formulating the rules and regulations monitoring sports online gaming. The bill also sought to criminalize the activities of sports fraud and match-fixing to the extent of 5 years of imprisonment and hefty fines which in turn would espouse deterrence. The bill also focused on maintaining the integrity of sports and preventing any event such as manipulations or match-fixing as those current pressing issues were not dealt with by the present legal framework.

Advantages of legalizing gambling

Gambling is one of the forms that has been an inherent phenomenon in Indian society and curbing it entirely won’t be certainly possible, more so because of the willful and brazen flouting of the legal norms by masses. Hence, giving it a legal sanctity would be a desirable approach in the discourse of its regulation and fund generation thereby espousing public consent and adherence rather than remaining oblivious to its incongruous existence. Far from this realization has been the seemingly illogical approach of the legislative setup which has still kept it within the cloak of illegality. This has been further reinforced by the Indian Judiciary by keeping horse race (on the basis of predicting the winnability) under the gamut of ‘games of skill’ but not the other games involving technicality and intricacy of similar nature such as cricket or hockey.

The most popular form of gambling has been in the sporting activities involving bets, which has evolved itself as a clandestine ecosystem possessing a huge network of people and enormous amounts of money. The Drastic modernization in the sports ecosystem coupled with the digital boom has led to sweeping revolutionary changes across the spectrum. This in turn accentuated the gambling culture creating a mammoth web of individuals and finances involved in this subculture. The first step in the legalization process would involve systematic identification and acknowledgment of these prevailing entities. Next would come regulation, owing to the fact that an exorbitant amount of Rs 300,000 Crores of black money is used annually for betting and the sector involves an enormous cash flow worth 60 billion dollars which is 3.5% of India’s GDP. It will lead to transparency as the source of cash flow could be traced and tracked thereby keeping a tight check on the black money market. Licensing of the brokers would further keep a check on them by curbing the black money laundering in illegal betting which is often used to fund terrorism and related nefarious activities¹. Involving in such illegal activities could lead to the cancellation of their licenses which in turn would serve as a deterrence to them. The legalization of sports betting would also ensure the protection of the subtle interests of minors, uneducated, poor fellows with a limited income and lack of bargaining power, and the elderly with shrinking life savings, who are often cheated by brokers. They remain at disadvantage due to unregulated and unenforceable market agreements lacking legal recourse owing to the wagering nature of the contract where the interests of the weaker party lacking bargaining power is jeopardized.

Currently, the earnings under betting are not reported as a source of taxable income under the Income Tax Act, 1961, thus, creating an avenue for black money. Legalizing the same would make the disclosure of such income mandatory (paving the way for effective surveillance and regulation) along with the generation of revenue receipts for the government to the tune of a minimum of Rs 12000 crores per annum⁵. It would also check on the tax evasions by brokers and bettors. The fund generated could be used for revamping sports infrastructure and related welfare schemes of the country along with peddling the development of the tribal and conventional sports that have been grossly neglected owing to their unpopularity and lack of resources.

Legalization would also serve as the panacea for ever-rising unemployment in the country by providing jobs ranging from the post of officers (required to monitor betting transaction) to a new catena of brokers who would specialize in sports betting along with a majority of unskilled workers employed in the implementation of menial economic activity in the betting industry. India, having the required knowledge, expertise and population could also evolve itself into a niche avenue for cyber betting like Denmark, the USA, etc, thus bringing with itself valuable foreign exchange which in turn would fuel the economic prosperity of the country.

Further, policing of the current gambling laws which illegalize it becomes a major problem due to the sheer numbers of “law-breakers” and exhaust colossal time of the law keepers which could be efficiently used for other productive work. Even effective policing results in large numbers of people gaining criminal records, with all of the consequential social problems. (employment problems, social and family stigma due to criminal record, etc). Hence, legalization would serve to meet the above ends. One other argument often posed in favor of legalization/regulation is that gambling adversely affects only a minority (less than 1% of the population due to problem gambling). So depriving the majority of a harmless leisure activity when it could add to a mix of other advantages is not worth it

Disadvantages of legalizing gambling

It is argued that the job of the government is to lead the people and not to simply follow popular views, especially if there are “public interest” reasons for pursuing unpopular routes. The concept and practice of gambling have historically been frowned upon in the Indian context. The moral issues constrain the government from peruse the idea of legalization as this has been a forbidden virtue in the Indian sub context given its entailing disadvantages. Giving it a legal sanctity would go against this entrenched ideal of morality.

Legalization would entail massive social costs as various studies have revealed that adolescents engaging in such activities possess a higher rate in school and academic failure accompanied by a history of family conflict triggered by the loss of household income, erratic sexual activity, severe financial difficulties such as large debts, poverty, and even bankruptcy; conflict and breakdown in relationships and a variety of psychological illnesses including anxiety and depression and psychiatric disorders, thus, paving way for baleful tendencies to commit suicide arising out of the ensuing depression.

State-sanctioned gambling would disproportionately burden the socially and economically backward people who expend a greater portion of their income into such wagering contracts, thus, exposing them to the channels of destituteness and crimes such as fraud and embezzlement, to address the mounting financial demands of their gambling. It will also push them into the scourging avenues of alcohol and drug addiction thereby instigating a vicious cycle of economic losses. Apart from the above menaces, gambling would also seriously impact the integrity and the true sportsmanship spirit of the sports due to the money factor and instances of match-fixing.

A logical argument against gambling follows that if gambling were to be legalized, it follows that more people would gamble (due to its enticing nature), and subsequently, more would become problem gamblers who face the adverse effects of gambling. Studies corroborate the above fact showing that increased availability of and easy accessibility to 2 gambling increased the participation in gambling and also the consequent prevalence of problematic gambling that entails massive social costs. Studies show that in India, although the prevalence of gambling was low, the proportion of people who had developed problem gambling among those who did gamble was considerably higher as compared to other countries. The final argument against legalization is that, even if it were to be considered a good idea, in theory, the time for such a major policy change in India is not right, because India did not possess the infrastructure to conceive, implement, monitor, or regulate such a huge change.

Suggestions

Certain suggestions could be considered in the light of the given circumstances. First, because of India’s inherent diversity, changes should be piloted in one or few states instead of going for pan India legislations so as to evaluate the post and pre-policy changes along with avoiding the deleterious and incongruous effects. Second, sufficient research needs to be undertaken so as to generate the local and relevant empirical pieces of evidence vis a vis the Indian sub context instead of relying on foreign pieces of evidence. Third, the question of government or private ownership of gambling monopoly needs to be delved upon. Fourth, the safeguard mechanism for the stakeholders needs to be put in place along with relevant and requisite standardized norms for regulation.

Conclusion

Keeping gambling under the scope of criminal legislation in spite of its nonviolent nature has been a source of contention amidst the scholars who view this as a step to give legitimacy to State paternalism. Section 30 of the Indian Contracts Act 1872 renders such betting (wagering) agreements voidable and takes off the recourse of legal enforceability, thus, exemplifying its vulnerability to financial exploitation and illegitimate transactions. Now in recent times, with a drastic surge in online gambling, the IT Act, falls short to curb people from engrossing in illegitimate offshore gambling websites where there is the absence of the protective blanket of national laws.

Thus, the archaic legislation of 1867 and the present laws being incompetent, abruptly fail to regulate the ongoing inconsistencies pertaining to betting. Further, nonchalance concerning the present penal provisions and the recklessness of the stakeholders exacerbate the administrative incapacities and ineffective framework of government. Against this backdrop, the vociferous and the reverberating calls for newer legislations assume more significance given the nebulous state of gambling laws in the country.

Given the pros and cons of the current issue at hand, there is no unambiguous evidence to support the status quo. Although the legalization would bring with it a gush of entailing benefits, the profound and the pressing issues at hand pertaining to legalization are required to be given a thorough perusal including the pricking need to overhaul enforcement mechanism rather than venturing into the question of how and when to legalize the gambling.

References

1. The Public Gambling Act, 1867. http:// www.sangrurpolice.in
2. 1996 AIR 1153, https://indiankanoon.org/doc/1248365/
3. https://www.scams.info/online-casino/india/#laws
4. Law Commission of India. Legal framework: Gambling and sports betting including in cricket in India. Report number 276. New Delhi: Law Commission of India, 2018.
5. http://timesofindia.indiatimes.com/business/india-business/Goa-casinos-contribute-Rs-135cr-revenue-in-2012-13/articleshow/19524670.cms

Written by Riya Ganguly student at Bharati Vidyapeeth New Law College, Pune.

Whenever one’s right is wronged, it is imperative that there is always some way to remedy that sufferance or injury caused to that person, to bring back the conviction of being just in a just society. It is done to bring about that same level of equilibrium prior to the right being wronged, the damage and injury caused. One can use the imagination of a scenario where one is wronged and has suffered some type of damage but if there was no remedy, the sufferings of that person would be prolonged, contributing to lack of peace and hence rendering the society’s system as being ineffective. If there is no relief, it would only lead to pent-up frustration and a feeling of insecurity. There would be constant feelings of apprehension due to a lack of guarantee of restoration, which would have been an important tool to the path of peace and security. Hence, the concept of torts came into the practice for this very purpose; to restore the victim of the wrong to their previous position prior to that action that led to injury or damage.

INTRODUCTION OF TORT LAW

The beginning of the Law of Torts can be followed by Roman statute alterium non-laedere. The saying signifies “not to harm another” for example not to hurt anybody by deeds or words. This saying is like trustworthiness vivere which signifies “to live respectably” and suum inner circle tribuere which is disclosed as to deliver to each man that has a place with him or it is an overall articulation to give equity to every individual. This multitude of three sayings can be ascribed for the advancement of the Law of Torts.

The fundamental goals of tort law are to compensate affected parties for harms inflicted by others, to hold those responsible that caused such injury, and to deter others from harming others. Torts allow the degree of loss to be shifted from the party who was injured to the party who caused it. Typically, a person seeking remedies under tort law will seek monetary compensation in the form of damages.

Remedies that are not normally used are injunction and restitution. The common law, the system that India follows, and state statutory law set the limits of tort law. Judges have broad discretion in assessing which activities qualify as legally cognizable wrongs, which defenses may outweigh any particular claim and the appropriate measure of damages when interpreting statutes. There are variations in the tort law across states of a country. There are three types of torts- Intentional torts (e.g., purposefully hitting a person); negligent torts (e.g., creating an accident by failing to respect traffic laws); and recklessness torts (e.g., causing an accident by deliberately failing to obey traffic rules).

TORT LAW IN INDIA

Because tort law is comparable throughout common law jurisdictions, courts have frequently relied on case law from other common law jurisdictions, like the United Kingdom, Australia, and Canada, in addition to local precedent. When applying foreign precedent, however, consideration is given to local norms and conditions, as well as India’s unique constitutional framework. The legislature has also enacted legislation to address specific societal issues. Aspects of tort law have been codified, as they have in other common law countries.

The Indian Penal Code or other criminal legislation may make some behavior that gives rise to a cause of action under tort law illegal. When a tort is also a criminal offense, the aggrieved party is nevertheless entitled to seek redress under tort law. The overlap between the two domains of law is due to the different purposes they serve and the different types of remedies they offer. Tort law tries to hold a tortfeasor accountable, therefore tort proceedings are taken directly by the aggrieved party to obtain damages, but criminal law intends to punish and discourage conduct that is regarded to be against the interests of society, so criminal actions are conducted by the government.

As in other common law jurisdictions, tort law in India is primarily guided by court precedent, reinforced with statutes governing damages, codifying common law torts, and civil procedure. A tort, just like other common law jurisdictions, is a breach of a non-contractual duty that causes harm to the plaintiff and gives rise to a civil cause of action with a remedy. Because the reason for tort law is to provide a solution to the individual who has been hurt, if a remedy is not present, it will be considered that a tort has not been committed.

Despite the fact that Indian tort law is largely inherited from English law, there still are distinctions between the two systems. Indian tort law is unique in that it provides remedies for constitutional torts, which are government activities that infringe on constitutional rights, as well as an absolute liability system for enterprises involved in hazardous conduct.

So, considering that the basic rule of torts is to compensate the value corresponding to the damage or injury caused, how is such a practice calculated? In India, damages are based on the principle of restitutio ad integrum. In all circumstances, India uses a compensatory approach and argues for “full and fair compensation.”

The Indian court will seek similar cases to compare when assessing the number of damages. The multiplier approach, which awards compensation corresponded to the degree of compromise to the victim’s earning power, is used in India to calculate damages in tort cases.

The fair and just amount refers to the number of years’ purchase upon which loss of reliance is capitalized under the multiplier technique. Then, in order to account for future uncertainty, a reduction in the multiplier would also have to be made. Under the Motor Vehicle Act, the multiplier concept is enshrined in the statute for tortious proceedings that involve personal injuries that have been caused by motor vehicles. The court will, however, take inflation into consideration when determining damages.

Now, in case of calculating personal injuries, in tort lawsuits involving personal injury, Indian jurisprudence recognizes seven distinct forms of harm where damages may be awarded. These categories are known as heads of claim, and they can be separated into non-pecuniary and pecuniary, similar to the more general distinction established in other common law jurisdictions between economic and non-economic damages. The following financial grounds of claim are recognized by Indian tort law:

• Earnings are lost.
• Expenses for nursing care, hospital, and medical.
• Matrimonial prospects are dwindling.

The following non-monetary heads of claim are recognized by contemporary Indian jurisprudence:

• Loss of hope for the future.
• Loss of luxuries or the ability to enjoy life.
• Physiological function loss or impairment.
• Suffering and pain.

INTENTIONAL TORTS

Intentional torts are harms that the defendant has had the intentions to do or should have had an expectation to occur as a result of his or her action or omissions. When the defendant’s such acts or omissions were unreasonably dangerous, they are called negligent torts. Unlike deliberate and torts of negligence, torts of strict liability are unaffected by the defendant’s level of care. Instead, in these situations, the courts look to see if a specific result or injury occurred.

Some moves should be made with a reason to submit a deliberate misdeed and wrong, for example, an intention is a must for an act to be committed. It is fundamental that there is a psychological component.

The Supreme Court declared in the State of Maharashtra versus M.H. George that criminal intent is a psychological truth that must be proven even in cases involving exceptional conduct unless it is clearly ruled out or ruled out by whatever necessary inference.

That is because Mens rea, or the purpose to commit a criminal act knowing the negative consequences, is one of the most fundamental elements of a crime. Mens rea is expressed by the use of phrases like intention, malice, fraud, irresponsibility, and so on. Before committing an offense, one must be a guilty mind. Mens rea include what the person is intending to do and the refusal to perform anything that is demanded of you. The mere intent to commit a crime is illegal in and of itself. An accused will be found guilty if it is proven that he intended to commit the crime, however, the burden of proving it is on the other side, and there must be sufficient evidence to decide that intention exists.

In Ramachandra Gujar’s case, the court held that a person’s intention may only be inferred from their actions and that the likely consequences of such actions must also be considered.

NEGLIGENCE TORTS

Negligence is a type of civil tort that occurs when a person violates his duty of care to another, causing that other person to suffer harm or face legal consequences. In tort law, negligence can take the following forms, that is, a method of committing various torts such as trespassing or causing a nuisance. It can be considered as a separate tort by itself.

Negligence’s Essentials
The plaintiff must show that the defendant had a duty of care that was owed to him and that this duty was breached. The nature of negligence liability is strictly legal, does not have to be moral or religious. ‘Duty’ might be seen as a responsibility to be cautious of others.

Duty Violation: The second stage is to prove that there was an actual breach of duty once the first criterion has been demonstrated. The defendant is expected to perform his responsibilities in a rational manner. The deciding factor is whether or not the defendant exercised reasonable caution.

Damage: The plaintiff must have suffered some loss as a result of the defendant’s breach of duty. The case of Donoghue v Stevenson represents a watershed moment in the history of the tort of negligence. The plaintiff, in this case, went to a cafe to order a ginger beer, that was sealed with an opaque cork. When the contents of the bottle were emptied, a decaying body of a snail emerged. The plaintiff became ill as a result of consuming some of the tainted contents of the bottle.

The court determined that a manufacturer that manufactures a product for the end consumer on the basis that the consumer will be injured if the manufacturer fails to exercise reasonable care, does owe a duty of care to the plaintiff.

RECKLESSNESS

A person’s actions might sometimes be so rash that they become the subject of a criminal investigation or a lawsuit. If a person acts recklessly with complete disregard for the safety of others and has the knowledge or should that his activities may cause injury to others, he may be held accountable for the injuries produced by his actions. It suggests the person was aware (or should have been aware) that his or her actions had the potential to damage others.

Recklessness is defined as behavior that is less than intentional but more than mere negligence. Unlike negligence, which occurs when a person takes an action with a risk that they should have known about, recklessness refers to taking a risk knowingly.

For example, the Supreme Court has defined what constitutes criminal culpability and differentiated between recklessness, negligence, and rashness. A person is said to have acted negligently when he or she accidentally commits an act or omission that would cause a breach of his or her legal duty, according to the law. A person who has done rashly when he or she is aware of the consequences but stupidly believes that they will not materialize as a result of his or her actions. A careless person is aware of the repercussions yet is unconcerned about whether or not they are the result of his or her actions. ‘Any behavior that is not adequate to recklessness and wilful wrongdoing shall not be subject to criminal prosecution,’ the Court stated in Poonam Verma VS. Ashwin Patel.

Many risky activities are prohibited by state law, and irresponsible actors are viewed as social risks because they jeopardize the safety of others. A person who has been hurt as a result of another’s negligence may be entitled to compensation for medical bills, rehabilitation, pain, lost wages, and suffering. Furthermore, recklessness may allow compensation from those who are normally free from liability for simple negligence, like government employees and health care providers.

Recklessness is a subjective as well as objectively defined state of mind. There are two kinds of irresponsible behavior. The first examines what the performer knew or was thought to be thinking at the time of the act (subjective test). The second evaluates what a person with a reasonable mind in the defendant’s circumstances would have believed (objective test). In all cases, the question is whether the person was aware (or should have been aware) that his acts could injure someone else.

It is dangerous, for example, for a car driver to purposely cross a highway in violation of a stop sign if traffic is approaching from both directions. In comparison, he does not stop since his attention is diverted and he is unaware that he is approaching the crossing which otherwise would be considered negligent.

CONCLUSION

Tort law allows for not only full recompense for victims, but also for the revelation of wrongdoing and the discouragement of malicious or negligent acts. A verdict of the court can be spread all over the country, if not the world, and can result in harmful practices being changed or stopped. Tort law has progressed to level the playing field, having roots in English common law. It empowers those without resources to compete with anyone on the globe, not just direct action. Any multi-billion-dollar enterprise or overreaching government agency. Besides only compensating an injured sufferer, tort law offers further advantages. Automobiles, the roads, toys, and foods are safer.

Written by Tingjin Marak, a student at Ajeenkya DY Patil University, Pune.

About the Office of State Information Commissioner, Bhopal

Shri Rahul Singh is an Information Commissioner in the Madhya Pradesh State Information Commission, a statutory body constituted under the Right to Information Act, 2005, (RTI Act, 2005) entrusted with the power to receive and inquire into the appeals & complaints filed under the RTI Act.

Areas of Work

The interns shall be given exposure to various subjects dealing with RTI, Indian Constitution, Public Records Act, Official Secrets Act, and related laws, and would be expected to carry out research to support adjudicatory process, communicate with Appellants & Officers, prepare case briefs, and supplement the process of live and online hearings of his Court.

The details of the work shall be communicated to the interns once they join the office. The Internship is open to all students who have a keen interest in the Right to Information Act, 2005. This opportunity will provide a clinical experience to students on various aspects of RTI regime, particularly the work of the Information Commission.

Mode

The internship will be offline at M.P State Information Commission, Suchna Bhawan, 35-B Arera Hill, Bhopal-462011, Madhya Pradesh, India

Eligibility

• Students pursuing a bachelor’s degree or a master’s degree in the field of law or humanities are encouraged to apply
• Students are required to be well versed in Hindi as well as English.
• Students should possess proficiency in MS Office (Word, Excel) and Google (Docs, Sheets
• Students should display resourcefulness, initiative, enthusiasm and be detail-oriented

Stipend

All internships are voluntary and unpaid.

Duration

All internships are offered for a duration of at least 4 weeks and may be extended by the Office of the Information Commissioner.

How to Apply?

• Applications submitted for more than two months in advance shall not be considered.
• Interested candidates shall submit their applications through the Google form provided.

Application Deadline

March 6, 2022

Contact Details

Email Address: pstorahulsingh@gmail.com

Contact Number: 0755-2460011 / +91-8319302356

Certificate

A certificate of successful completion shall be issued by the officer to the concerned intern upon fulfilling all the tasks assigned to him/her. Interns not completing the internship for the requisite period will not be issued any certificate.

Link to apply

https://docs.google.com/forms/d/e/1FAIpQLSeZOXosRlQGKHb1NrAfHoZWAhZLX2jcvD0CgGiSAM9O_JM_jA/viewform?usp=sf_link

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.

WhatsApp Group:

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Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About the Internship Opportunity

The company requires interns for handling legal and documentation work. This is a great opportunity for those who wants to make a career in a company setup and needs exposure in corporate law.

Compulsory Lock in period of 3 months for the above stated internship

Number of Interns Required

Interns Requirement: 1 (One)

Eligibility

• Applicant should be in a 3rd Year or above in 5 Years Law Course or 2nd Year or above in 3 Years Law course.
• Person should be well-versed with basic legal concepts and documentation. Also, person shall also be well versed with MS word and MS Excel.

Responsibilities

• Data Handling
• Documentation
• Legal Document Drafting
• Due Diligence
• Client briefing and negotiation
• Agreement Review
• Other Corporate related work

Selection Process

2 Interview Rounds

Perks

Certificate at the end of internship and letter of recommendation based on performance.

Location

Delhi

Procedure to Apply

Send in your CV along with application at sonakshisingh2322@gmail.com

Application Deadline

February 28, 2022

Contact details

sonakshisingh2322@gmail.com

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.

WhatsApp Group:

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About International Financial Services Centres Authority (IFSCA)

The International Financial Services Centres Authority (IFSCA) has been established on April 27, 2020 under the International Financial Services Centres Authority Act, 2019. It is headquartered at GIFT City, Gandhinagar in Gujarat.

The IFSCA is a unified authority for the development and regulation of financial products, financial services and financial institutions in the International Financial Services Centre (IFSC) in India. At present, the GIFT IFSC is the maiden international financial services center in India. Prior to the establishment of IFSCA, the domestic financial regulators, namely, RBI, SEBI, PFRDA, and IRDAI regulated the business in IFSC.

About the Job Opportunities

The International Financial Services Centres Authority (IFSCA) is seeking to hire for the posts of young professionals/Consultant Grade 1/Consultant Grade 2 on a contract basis.

Roles and Number of Vacancies

• Grants Administration Manager (Consultant Grade 1) (FinTech): 1 (One)
• Young professional (Development Department): 1 (One)
• Consultant Grade 1 (Development Department): 2 (Two)

Roles and Responsibilities

Grants Administration Manager (Consultant Grade 1) (FinTech)

Understanding of Legal documents pertaining to loans/grants, sanction, disbursement, monitoring aspects, Company law-related matters, formation of companies, the legal framework for startups, Taxation aspects for FinTechs, GST, etc.

Young professional (Development Department)

• Undertake primary and secondary research in areas of global financial institutions, financial products and financial services
• Prepare reports, documents, presentations etc., for development outreach.
• Manage social media and marketing activities of IFSCA

Consultant Grade 1 (Development Department)

• Undertake primary and secondary research in areas of global financial institutions, financial products and financial services
• Connect with global and domestic financial services industry and showcase GIFT IFSC opportunities.
• Study and evaluate international best practices in areas of Banking, Capital Markets, Insurance etc.,

Eligibility Criteria

Grants Administration Manager (Consultant Grade 1) (FinTech)

• CS/CA/CMA, LL.B (with specialization in Corporate Law and from a reputed University)
• Understanding of Legal documents pertaining to loans/grants, sanction, disbursement, monitoring aspects, Company law related matters, formation of companies, legal framework for startups, Taxation aspects for FinTechs, GST, etc
• Minimum work experience: 3 years
• Maximum work experience: 8 years

Young Professional (Development Department)

• Master’s degree with specialization in Business Administration/Economics/Finance and Accountancy/ Statistics (or) CA (or) CFA (or) CS (or) ICWA (or) Bachelor’s Degree in Law and minimum of 1 year of work experience in reputed organization in the field of Banking, Capital Markets, Insurance,
  fund Management, Consultancy Services, etc.,
• Desirable: Specialization, if any, in the above mentioned areas.
• Minimum work experience: 1 years
• Maximum work experience: 3 years

Consultant Grade 1 (Development Department)

• Master’s degree with specialization in Business Administration/Economics/Finance and Accountancy/Statistics (or) CA (or) CFA (or) CS (or)ICWA (or) Bachelor’s Degree in Law and 3-8 years of work experience in reputed organization in the field of Banking, Capital Markets, Insurance, fund Management, Consultancy and Auditing Services, etc.,
• Desirable: Specialization, if any, in the above mentioned areas
• Minimum work experience: 3 years
• Maximum work experience: 8 years

Age Limit and Remuneration

Young Professional

• Age Limit: 32 years
• Remuneration: Upto 60,000 /-

Consultant Grade 1

• Age Limit: 45 years
• Remuneration: 80,000 – 1,45,000/-

Consultant Grade 2

• Age Limit: 50 years
• Remuneration: 1,45,000 – 2,65,000/-

How to Apply?

• Candidates who satisfy the eligibility norms may apply giving their bio data strictly in the format given in the annexure to the official advertisement.
• Applications along with supporting documents should be sent by post in a cover superscribing the
  post applied for ‘IFSCA – application for the post of Young Professional/Consultant Grade 1/Consultant Grade 2 (write name of the Role) to the following address:
  The Officer on Special Duty,
  International Financial Services Centres Authority (IFSCA),
  Second floor, PRAGYA Tower, Block 15, Zone 1, Road 1C, GIFT SEZ,
  GIFT City, Gandhinagar Gujarat-382355
  Phone: 07961708432
• A pdf copy of the application may also be sent by email at sreekara.rao@ifsca.gov.in
• Applications not in the prescribed format and received after this date are liable to be rejected
• The last date and time to receive the application is February 25, 2022 at 6 PM.

Application Deadline

February 25, 2022, by 6 PM

Location

Gujarat, Gandhinagar

Link for more details

https://ifsca.gov.in/Document/Career/Advertisement-for-the-position-of-Young-professional-Consultant-Grade-1-Consultant-Grade-2-at-IFSCA.pdf

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About NCB

NCB is Indian federal law enforcement and intelligence agency under the Ministry of Home Affairs, Government of India. The agency is tasked with combating drug trafficking and the use of illegal substances under the provisions of the Narcotic Drugs and Psychotropic Substances Act.

About the Job Opportunity

Narcotics Control Bureau (NCB), Ministry of Home Affairs, intends to fill up 75 (seventy five) existing vacancies in the grade of Junior Intelligence Officer on a deputation basis.

Number of Vacancies

75 (Seventy five)

Job Description/Duties

• Enforcement of Narcotic Drugs & Psychotropic Substances Act, 1985.
• Collection & development of Intelligence, Investigation, search, seizure and arrest (including financial investigation);
• Initiating trial in courts.
• Initiating action under PITNDPS Act.
• Attending trial in courts.
• Identification and destruction of illicit opium and cannabis cultivation;
• Demand Reduction activities Training of officers/personnel of other drug law enforcement agencies
• Coordination with other drug law enforcement agencies Any other duties as assigned/allocated by Superior Officers.

Eligibility

Officers of the Central/State Governments/Union Territories:

(A)

(1) Holding analogous posts on regular basis in the parent cadre or department;

or

(2) With (six) years’ regular service in the Level-5 (Rs.29,200-92,300) of the Pay Matrix or equivalent in the parent cadre or department: and

(B) Possessing the following educational qualification and experience:

• Educational Qualification: Must possess a Bachelor’s degree from a recognized board
• Experience: Two years’ experience in enforcement of regulatory laws and collection of intelligence information thereto.
• Desirable: One year’s experience in investigation of criminal offences offences.

Age Limit: Not more than 56 years of age on the closing date of receipt of application.

Pay Scale

The post of Junior Intelligence Officer carries the pay scale in PB-2 (Rs.9300 34800) plus Grade Pay of Rs 4200/- (pre-revised) [Level-6 as per 7 CPC Pay Matrix]

How to Apply?

Application (Curriculum Vitae) in the enclosed format of willing and eligible officers whose services can be spared without delay, in the event of their selection may be forwarded through proper channel along with

• Copies of APARS for the last 5 years duly attested (with stamp) on each page by an officer not below the rank of Under Secretary to the Government of India or equivalent.
• Integrity Certificate
• Vigilance clearance certificate as per proforma enclosed &
• Major/minor penalty statement for the last 10 years and Cadre clearance certificate incorporating that in the event of his/her selection, he/she will be relieved to join NCB on a deputation basis; 

The applications must reach the following address:

Deputy Director(Admn) Narcotics Control Bureau West Block No 1, Wing No.5, R.K.Puram New Delhi-110065,

within 60 days from the date of issue of this circular i.e April 15, 2022.

Note: The application proforma has been annexed to the official notification, as Annexure-I. Click on the link given at the end of this post for the official notification.

Other Details

Period of Deputation: Ordinarily not exceeding three years including the period of deputation in another ex-cadre post immediately preceding the appointment, extendable up to 07 years subject to suitability and performance, as per DoP&T & MHA guidelines issued from time to time. No further extension will be granted in any case.

Location

The selected candidates are liable to be posted anywhere in India in any of the Zones/Sub-Zones/Regional Offices/Headquarters of Narcotics Control Bureau. Any conditional application regarding the place of posting or any other issue shall not be entertained.

Link for more details

https://narcoticsindia.nic.in/vacancies/jiov.pdf

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About NUALS CHLP

NUALS: The National University of Advanced Legal Studies [NUALS], established by Act 27 of 2005 of the Kerala State Legislature, is a National Law University in Kochi, India for undergraduate, graduate, and post-graduate legal education. NUALS strives to advance and disseminate learning and knowledge of the law, judicial processes and encourages research activities under dedicated Centres of Research.

CHLP: The Center for Health Law and Policy (CHLP) at NUALS recognizes the importance of the role played by law in upholding the standards of healthcare and access to healthcare in society. Health law is an important tool that plays a critical role in shaping the behavior and well-being of people. It focuses on structuring the role and responsibilities of the State for protecting the right to health of people.

Health law mainly focuses on the authority of the government at various jurisdictional levels to improve the health of the general population within societal limits and norms. It also analyzes legal issues in public health practice and seeks to remedy the same. The Center recognizes the importance of these aspects of health law and therefore undertakes research, sensitization, and other activities to promote, analyze and suggest revisions in law where necessary.

About the Newsletter

The Centre for Health Law and Policy has introduced the NUALS Health Law Newsletter to engage the legal community in a discourse on the important but often-ignored area of health law. The Newsletter, the first of its kind in the field of Health Law in India, further aims to disseminate knowledge relating to the current and historical developments in the field of the health law.

The article section will consist of theoretical and critical essays. The Newsletter would also include case summaries and other legal developments in India and around the world in the area of health law, apart from articles written by experts in the field.

Call for Papers

The Editorial team of the NUALS Health Law Newsletter is pleased to invite original and unpublished manuscripts for the 2nd edition of the e-Newsletter from academicians, professionals, and law students. All submissions will undergo a thorough review by the Editorial Board and the selected submissions will be published in the Newsletter.

Submission Guidelines

Categories of Submissions

• Short Articles: 1500 words
• Long Articles: 2000 -3000 words
• Case comments: 700 words

The word limit is exclusive of footnotes and is flexible at the discretion of the Editorial Board.

General Guidelines

• All submissions must be made via the Google Form found thriugh the link- https://docs.google.com/forms/d/e/1FAIpQLSf7-Oj6w5vGcqoLhGNVoTSv2plNK1BvdxhMMAMeSR73ivPQLw/viewform
• Submissions must be made before March 19, 2021 for the second quarter (January – March) scheduled for publication by April end.
• The submissions must be original works and should not have been published or be in consideration for publication elsewhere.
• All submissions are subject to a plagiarism check, if the work is found to be unoriginal the submission will be rejected. (Maximum plagiarism allowed is 10%.) The Editorial Board reserves the right to reject any work during the review process if it is found to be unoriginal or not meeting the standards set by the editorial board.
• Co-authorship of a maximum of two people is permitted.
• CCLP reserves all rights over the submissions.

Formatting Guidelines

• All submissions are to be made in .doc/.docx/.odt format. PDF submissions are not accepted.
• The body of the manuscript must be according to the following specifications:
  • Font: Times New Roman
  • Font size: 12 
  • Line spacing: 1.5
• Submissions must follow the OSCOLA (4th edition) style of citation. 
• Footnotes must be in Times New Roman, font size 10 with single line spacing.

Contact details

For any queries or clarifications, reach out to:

• Dharshini Sugumaran (Co-Editor-in-Chief)
  • Phone Number: +91 63819 42243
  • e-Mail ID: dharshinis1349@nuals.ac.in
• Anita Elizebeth Babu (Co-Editor-in-Chief)
  • e-Mail ID: anitaelizebethbabu1470@nuals.ac.in. 
• Hamsadhwani Alagarsamy (Deputy Editor-in-Chief)
  • e-Mail ID: hamsadhwani.a@gmail.com

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About the Organiser

Desh Bhagat University School of Law, academics are about more than just coursework. They are about interdisciplinary intellectual dialogue, first-hand lawyering, clinical experiences and always a global approach to training the leaders of tomorrow.

About the Seminar

Maharishi Dayanand Saraswati was a great personality. They were the founder of the Hindu reform organization Arya Samaj. Dayanand Saraswati was born on February 12, 1824, in Tankara, Gujarat as Mool Shankar to Karshanji Lalji Tiwari and Yashodabai.

Maharshi Dayanand Saraswati was a multitalented person in history. His ideas have been incorporated Indian legal system. like education, women’s status and political leadership, etc.

His affluent and influential Brahmin family was an ardent follower of Lord Shiva. The family being deeply religious, Mool Shankar was taught religious rituals, piety and purity, the importance of fasting from a very early age.

He was eight years old, his Yajnopavita Sanskara ceremony was performed, marking his entry into formal education. His father was a follower of Shiva and taught him the ways to impress Shiva. He was also taught the importance of keeping fasts.

The deaths of his younger sister and his uncle from cholera caused Dayananda to ponder the meaning of life and death. He began asking questions that worried his parents. He was engaged in his early teens, but he decided marriage was not for him and ran away from home in 1846.

This National Seminar on the Legal Philosophy of Maharshi Dayananda Saraswati provides a platform for healthy discussion of higher ideology.

Eligibility

Any professionals, advocates, students who are interested to share a view or thought concerning participate Maharshi Dayananda Saraswati.

Location

India

Submission Procedure

• Abstracts must include sufficient information for reviewers to judge the nature and significance of the topic, the adequacy of the investigative strategy, the nature of the results, and the conclusions.
• The abstract should summarize the substantive results of the work and not merely list topics to be discussed.
• An abstract is an outline/brief summary of your paper and your whole project. It should have an intro, body and conclusion.
• It is a well-developed paragraph, should be exact in wording, and must be understandable to a wide audience. Abstracts should be no more than 350 words, formatted in Microsoft Word, and single-spaced, using size 12 Times New Roman font.

Fee Details (if any)

No fee for registration in the participation of the national seminar

Certificate

Certificates will be provided to all participants in the seminar

Deadline

Registration and Submission Deadline: February 25, 2022

Registration link

https://docs.google.com/forms/d/e/1FAIpQLScN-UmVG6fIK5GFxK6JfHaJynGEnuXYUY_R5Cw-nX3FFA3bcg/viewform

Brochure

Contact details

Contact no: 7895729171

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About the Organiser 

The event is organized by Christ Academy Institute of Law, Bengaluru in association with the Centre for
Environmental Law, Education Research and Advocacy (CEERA), National Law School of India University,
Bengaluru (NLSIU) under the aegis of the Chair on Urban Poor and the Law, Ministry of Housing and Urban Affairs, Government of India.

About the Competition

Public Policy is the tool of the executive to fulfill the dreams and aspirations of the Constitutional Framers.
Policy drafting and policy formulation are regarded as the primary step of any planning process for
development. Participation of citizens while drafting a policy is very pertinent, especially in a democracy like ours as it is believed that democracy is a government of the people, by the people, and for the people.

In order to inculcate a sense of participation in policy-making among the youth, Christ Academy Institute of Law, Bengaluru in association with CEERA, NLSIU under the Chair on Urban Poor and the
Law, Ministry of Housing and Urban Affairs, Government of India is organizing a Policy Case Drafting
Competition.

Eligibility

• The Policy Drafting competition is open for all the students enrolled in 5-year or 3-year LL.B and LL.M programme.
• There is no cap on registration on number of teams from a college/University.
• A team shall be composed of two students only.

Mode

Online event

Registration Procedure

The registration fee for a team is INR 200 (Rs. Two Hundred Only).

Interested participants may register by filling in the google form – the link for which is provided at the end of this post.

All registrations shall be done latest by February 25th, 2022.

Submission Guidelines

• The language of the submission should be in English.
• The word limit of Policy Submission should be between 3000-4000 words, exclusive of footnotes.
• The draft shall not reveal the identity of the participants, whatsoever. For submission, a team code shall be given by organisers which shall be the mark of identity.
• The submission of the draft policy is to be made to public.policy@calaw.in to be sent on or before March 14, 2022, 11:59 PM with subject line “Public Policy Case Submission.

Fee Details (if any)

Registration fee: Rs. 200

Account Details for Fee Payment

• College Name – Christ Academy Institute of Law
• Bank Account Name – Christ Academy Institute of Law
• Name of the Bank – South Indian Bank
• Bank Account Number – 841053000000588.00
• IFSC Code – SIBL0000841
• Branch Name – Christ Academy Extn
• Email ID – office@calaw.in; fees@calaw.in
• College Address- Christ Nagar,Hullahalli,Begur-Koppa Road, Sakkalawara Post, Bengaluru -560083
• Bank Account Type – Savings
• Taluk – Bangalore South
• District – Banglore Urban

Prizes (if any)

• All participants will be provided with a certificate of participation.
• The winning team will be awarded a sum of Rs. 5000/- and a certificate of merit.

Deadline

February 25, 2022

Important Dates

• Registration deadline: February 25, 2022
• Submission Deadline: March 14, 2022
• Presentation Round: March 21, 2022

Brochure

Contact details

Faculty Coordinator

Dr. Irfan Rasool Najar

• Email id: irfanrn@calaw.in
• Phone No. 9573112185

Student Coordinators

• Ms. Maanyaa Anand – maanyaa.anand@calaw.in, 9811005610
• Ms. Surima Singh – surima.ca@calaw.in, 7260942123

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About NLUO

National Law University Odisha (NLUO) was established in the year 2009 by Act IV of 2008 of the State of Odisha. NLUO is an unparalleled addition to the Indian national law universities. Located in Cuttack, a city dating back to over a thousand years, it boasts a rich legal heritage with the seat of Orissa High Court situated here.

About the Centre for Public Health Law, NLUO

To advance focused research in the specific domains of law, National Law University Odisha, Cuttack has come out with dedicated research centres including on public health.

The Centre for Public Health Law has been established with an aim to inquire into the paradigm of legal entitlements of people under the right to health and strategize the use of law to promote health equity.

The Centre provides guidance to government and non-government organizations on matters of health policy and ensures its compatibility with the fundamental rights regime under the Indian Constitution.

The Centre regularly hosts guest lectures inviting scholars and academicians working in the area of Public Health Law. The Centre also organizes a National Moot Court Competition on Public Health Law annually.

About the Essay Writing Competition

The Centre for Public Health Law, National Law University Odisha is pleased to announce its 1st Essay Writing Competition on Public Health Law, 2022, to celebrate the Azadi ka Amrit Mahotsav, an initiative of the Government of India. We are organizing this competition in observance of the “Azadi Ka Amrit Mahotsav” to showcase “Resolve@75” with the objective of creating a healthy India.

This essay competition seeks to further the discourse on contemporary topics related to the field of Public Health Law, its increased importance in the midst of a Global Pandemic and at the same time, its correlation with Fundamental Rights & other areas of law. Participants of this Essay competition will get the opportunity to win cash prizes, publications, and merit certificates from the Centre.

Theme and Sub-themes

Theme: Fundamental Rights and Public Health Law

Under this some of the suggestive sub-themes that the students can explore include:

•  Diseases, Discrimination and Public employment in India
•  Privacy and Health Data sharing: Emerging concerns
•  Legality of Population Control measures
•  Compulsory Vaccination in India
•  Duty of the State vis-à-vis Mental Health
•  Right to Health as a Fundamental Right
•  Interface between Public Health and Religious Freedom / Freedom of Trade, Commerce & Profession
• Right to smoke-free public places: A Critical evaluation of Tobacco Control in India

Note: The sub-themes are only a suggestion, and the students are free to choose any other sub-theme that falls within the scope of the main theme.

Awards and Prizes

• 1st Prize: Rs. 5,000
• 2nd Prize: Rs. 3,000
• 3rd Prize: Rs. 2,000
• Top 3 Essays will be published on the official website of NLU Odisha
• Top 10 essays will be awarded a certificate of merit
• Certificate of Participation to all the participants

Submission Guidelines

• Language: All essays have to be in English and submissions shall be made in both MS Word format (.doc/docx) and PDF Format.
• Formatting Guidelines:
  • Font and Size of Main Text and Footnotes- Times New Roman, Size 12 for main text, and Times New Roman, Size 10 for footnotes.
  • Size and Alignment- A4 Size with 1 Inch Margin on all sides; all text except headings justified.  
  • Footnoting- The footnoting style that should be followed will be OSCOLA (4th Edition). 
  • Spacing- Submission should be 1.5 spaced (except footnotes which must be single spaced).
• Word Limit: Word limit of the submission is 3000-4000 words (excluding Abstract and footnotes. Kindly avoid using speaking footnotes).
• Abstract Word Limit: Abstract should not be more than 300 words.
• Plagiarism: The plagiarism limit should be less than 20% and any submission that is found to be plagiarized beyond the limit shall be disqualified from the competition.
• Anonymity: Participant shall not include his/her name in the submission’s text in any form. Participants should ensure that they delete his/her/their name(s) from the head “Author” of their Word document while sending their final transcript.
• Co-Authorship: Allowed up to 2 co-authors.
• Certificate of Originality must be submitted by the authors along with their signatures.
• All submissions will undergo strict online plagiarism checks and will be evaluated by independent experts. They will be subjected to double-blind peer review by the Screening Committee constituted for this purpose.
• The selected essays will be published on the NLU Odisha website. Essays will be assessed on the basis of originality, identification of issues, legal analysis, clarity in language, expression of arguments and formatting as per the guidelines.
• Do not include any pictures or other illustrations in the essay.
• Copyright of the submission shall remain with CPHL. Once the article has been submitted to the committee, the author(s) forfeits their right of ownership. Articles already published or are in consideration with other organizers would be rejected at once.
• In case of any conflicts, CPHL shall be the final authority on the guidelines.
• No registration fee is required to participate in the competition.
• Any sort of malpractices, similarity of texts without proper due acknowledgments and any signs of name/university’s name that might display author’s identification by any means shall be dealt with strict disciplinary actions.
• All the articles must strictly adhere to the guidelines. Any article not following the same shall be outrightly rejected.
• Submission of the Essays will take place ONLY via the Google form the link of which has been given at the end of this post.
• It is the responsibility of each author(s) to ensure that the “.docx” copy of the submission can be opened legibly with Microsoft Office 2010 or Microsoft Office 2007. This form will collect some details, which should be filed correctly by the Author(s).

Eligibility and Submission Procedure

There will be no registration fees and Students/Research Scholars enrolled in any UG/PG/Ph.D. course from any recognized Indian University is eligible to participate in the competition. 

The Author(s) shall submit the essay through the following Google Form link by March 27, 2022 (11:59 P.M. IST). 

Link to make the submission: https://docs.google.com/forms/d/e/1FAIpQLSeVM7ye4nTuwGNosBp694w36xC4Ot-cvgexntna19LmMXoqkQ/viewform

Important Dates

• Date of Release of Notification: 23rd February, 2022
• Date of Submission: 27th March, 2022

Brochure

Contact details

Mail at: cphl@nluo.ac.in

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