Month: January 2023

A paid online internship opportunity is available at AT Lit & Law, a client-centric law practice focusing on various practice areas and industries.

About AT Lit & Law

AT Lit & Law is a client-centric law practice focusing on various practice areas and industries.

About the Opportunity

AT Lit & Law is now accepting applications for our batch of virtual interns/research interns commencing on 3 February 2023.

Roles and Responsibilities

• The work will primarily involve copious reading, research, writing, and discussions around various aspects of civil, commercial, and corporate laws including constitutional issues, mergers, and acquisitions, arbitration, insolvency, and intellectual property rights.
• If you are a resident of Delhi/NCR, you will also have the opportunity of accompanying team members to court hearings and assist with briefings in person.
• You will also be expected to be available for daily virtual meetings/discussions and feedback sessions for the work undertaken by you.

Eligibility Criteria

• You are presently pursuing law and enrolled in a recognized university in India in the 3rd/4th/final year of a five-year degree or the 2nd/3rd year of a three-year degree.
• You have reasonable research and writing skills and can write a complete page in grammatically correct English.
• You have 6-7 hours of focused time available with you at least 5 days a week.

Stipend

A performance-based stipend will be paid to you if you are able to consistently, skillfully, and punctually contribute to the work assigned to you during the internship.

Mode

Online

How to Apply?

If eligible and interested, please send a short cover email giving a brief background of yourself and what you wish to achieve from this internship along with your CV to recruitments@atlitlaw.com

Put the subject of the email as “Application for Virtual Internship February 2023”.

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Introduction

Recording events during a nation’s history is crucial in analyzing the circumstances and enforcing appropriate legislation. It enables lawmakers to grasp the current needs of society, based on which they can draft applicable laws and rules. Crime is a result of a complex combination of many volatile variables. By using the sciences of criminology and sociology, it is possible to understand what motivates criminals and what increases the occurrence of crime. When combined with statistics, one can understand the frequency of crime and learn how to decrease its occurrences.

Statistics reports have been published by multiple countries for decades, with recent data analyses involving technological advancements for accuracy and ease of analysing. In India, the NCRB publishes yearly statistics crime reports. However, completing such a statistics report is not a single organisation’s job; it requires the involvement and cooperation of the police personnel, courts, state and district data collection organisations and the contribution of NGOs and other groups involved in rehabilitating victims of violent crimes.

About the National Crime Records Bureau

The National Crime Records Bureau, or NCRB, was set up as a result of multiple organizations being run on a trial-and-error basis until a final organization that was fit for the needs of our nation was obtained. In 1977, the National Police Commission recommended a better data organization system. In 1978, a Committee on Crime Records was established, which reviewed the existing crime records and recommended the police force with specific changes. Following this, a task force was set up in 1985 by the Ministry of Home Affairs to set up a national bureau for crime records. Thus, in January 1986, the NCRB was set up with its headquarters in New Delhi.

Crime Report 2021

As with every year since 1986, the NCRB has released the Crime in India 2021 report of Statistics spread over three detailed volumes. The reports can be accessed from the NCRB website.¹ The NCRB also contains crime reports compiled since 1953 in its archives; these reports are free for public view. When an overview² of crime over the decades has been taken, for the past 40 years (1981 to 2021) it can be noted that crime has steadily increased. In 1981, the crime incidence was 13,85,757, with a crime rate of 200.8. In 2021, the crime incidence was 36,63,360, with a crime rate of 268. However, one must not judge the values with haste, as the crime incidences correspond to the country’s population, which has also steadily increased over the past 40 years. A positive is that the charge sheeting rate has also increased through the years, progressing from 61.3 in 1981 to 72.3 in 2021.

Summary of crimes in India

The significant crimes in India are listed. The incidences of murder have stayed the same since 2020, with the value for 2021 being 29,272.³  5Kidnapping & Abduction has increased from 84,805 in 2020 to 1,01,707 in 2021. Human trafficking, rape and POCSO crimes have also increased in the past year. Concerning the 2021 Crime Report, this analysis will focus on the state-wise statistical information published on the major crimes in India.

1. Violent crimes:

Violent crimes in India include murder, grievous hurt, dowry death, rape, kidnapping and Abduction, to list a few. The violent crimes in India are typically grouped into crimes that affect the body (murder, culpable homicide not amounting to murder, attempt to murder, kidnapping & Abduction), crimes that affect the property (dacoity, robbery), crimes that affect public safety (riot, arson), and crimes that affect women (rape, attempt to commit rape).

The top five states with the highest number of cases of violent crimes are Uttar Pradesh (52,502), West Bengal (47,904), Bihar (43,780), Maharashtra (43,755) and Assam (26,933).⁴ Compared to 2020, Uttar Pradesh still leads the country in violent crimes, with the cases increasing marginally. Though West Bengal’s cases decreased compared to the previous year (50,029 cases in 2020), it did not compare to the drastic drop in cases in Bihar (51,116 cases in 2020), thereby making West Bengal the 2^nd highest in violent crimes in India. In the Union Territories, Delhi showed 11,793 cases in 2021, followed by Jammu & Kashmir with 3,072 cases. Both countries showed a rise of approximately a thousand cases since the last year.

2. Murder:

Murder is the worst possible violent crime that can take place. It very literally disrupts the laws of nature. Uttar Pradesh recorded the highest number of murders in India, with 3,717 cases. Bihar follows it at 2,799, Maharashtra at 2,330 and Madhya Pradesh at 2,034.⁵ The following is a breakdown of the motives⁶:

1. Gain – Jharkhand ranked highest with 480 murder cases for gain
2. Personal Vendetta – Bihar with 591 cases
3. Dowry – Odisha with 275 cases
4. Witchcraft – Chhattisgarh with 20 cases
5. Child or Human sacrifice – Kerala with 2 cases
6. Communal violence – Madhya Pradesh with 3 cases
7. Class Conflict – Bihar with 60 cases
8. Casteism – Tamil Nadu and Madhya Pradesh with 9 cases each
9. Love affairs – Uttar Pradesh with 334 cases
10. Disputes (including property, family, money, water and petty disputes) – Bihar with 1081 cases.

In UTs, Delhi reported 459 cases, followed by Jammu & Kashmir with 136 cases. Notably, Puducherry’s cases dropped from 39 in 2020 to 19 in 2021, whereas Andaman & Nicobar Islands cases rose from 5 in 2020 to 16 in 2021. The primary motive was a personal vendetta, with Delhi recording 90 cases for the same.

3. Kidnapping and Abduction:

Kidnapping and Abduction occur across all age groups, genders and social caste groups. However, the most affected are women and children. In 2021, 34,027 adult victims were kidnapped across all the Indian states. Adults aged 18 to 30 show the highest number of kidnapping incidents, with 22,656 cases recorded. The male-to-female ratio of adults kidnapped in the age group 18 to 30 years is 3361:19,294, which shows that for every male kidnapped, approximately six adult females are kidnapped all over the country.

Regarding the kidnapping of children, a total of 789 kids below six years, 3,519 kids below 6 & 12 years, 22,986 kids between 12 & 16 years, and 35,633 kids between 16 & 18 years were recorded. In all of these statistics, the proportion of kidnapped female children is higher than that of kidnapped male children. For example, in the age group 16 to 18 years, the proportion is 3,932 to 3,1701. That is, for every male child that is kidnapped, approximately eight female children are kidnapped.

Uttar Pradesh has recorded the highest number of kidnappings, with 14,554 cases, followed by Maharashtra with 10,502 cases and Bihar with 10,198 cases. Delhi reported 5527 kidnapping cases, followed by Jammu & Kashmir at 1013. Nationwide, 1,04,149 people were kidnapped, of which 35,135 were adults and 69,014 were children. The motive for kidnapping children was unclear; however, 37,897 cases were “deemed kidnapped”, 23,019 were “missing deemed kidnapped”, and 12,931 were for marriage purposes. The motive for adults was primarily marriage (10,541 cases), followed by deemed kidnapped (7,373) and elopement (5,634). The total number of children recovered alive was 67,608, and the total number of adults recovered alive was 31,252.

4. Crimes against women:

Crimes against women gained more attention after the Nirbhaya gang rape in 2012. It is expected that more attention will be given to protecting women; however, it can be seen from the statistics that the cases increase year after year. In 2021, Uttar Pradesh recorded a shocking 56,083 cases, followed by Rajasthan at 40,738 cases, Maharashtra at 39,526 cases, West Bengal at 35,884 cases and Odisha at 31,352 cases. Of these, 48 incidents in Uttar Pradesh were murder with rape cases. Dowry deaths (Section 304B of the Indian Penal Code) amounted to 2222 in UP and 1000 in Bihar, whereas Rajasthan has the highest number of rape cases, with 6,337 incidents in 2021.

Cruelty by husband and his relatives (Section 498A of the Indian Penal Code)  was another common crime, with 19,952 cases in West Bengal, 18,375 cases in Uttar Pradesh and 16,949 cases in Rajasthan.⁷ A total of 3,40,731 cases were registered under the IPC in all the states. Compared to the 56,083 cases in UP, only 10,133 were disposed of by the Police. In Delhi, 14,277 cases were recorded, approximately 4000 cases more than 2020’s statistic. Jammu & Kashmir ranked second with 3,937 cases. The highest number of rape cases was in Delhi, with 1250 cases registered. The total number of IPC cases for crimes against women in UTs was 16,940.

All over India, a total of 4,28,278 cases were recorded, of which 31,677 were rape cases, 75,369 were kidnappings, and 89,200 were assaults on women with the intent to outrage their modesty. With 3,57,671 cases registered under the IPC, only 30,861 cases were disposed of by the Police. A total of 1,324 cases of rape were recorded against the Scheduled Tribes. Against Scheduled Castes, it was 3,870 cases.

5. Crimes against children:

Crimes against children have seen a significant rise in cases. In 2021, Madhya Pradesh recorded the highest number of child-related incidents, with 19,173 cases, Maharashtra with 17,621 cases and Uttar Pradesh with 16,838. All three states have shown an increase since 2020. The POCSO (Protection of Children from Sexual Offences) Act, 2012 registered 51,863 cases for 2021, whereas the Child Labour (Prohibition & Regulation) Act registered 595 cases.

In the UTs, Delhi showed an increase of nearly 2000 cases since 2020, reaching 7,118 cases at the end of 2021.⁸ Jammu & Kashmir recorded 845 cases, a 200-case increase since 2020. The total cases in India were 1,49,404, with 1279 murder cases, 337 cases of abetment of suicide of a child (Section 305 of the Indian Penal Code), 79 cases of infanticide (Section 315 of the Indian Penal Code), 121 cases of foeticide (Sections 315 and 316 of the Indian Penal Code), 3,369 cases of simple hurt and 368 cases of grievous hurt.

A total of 90,679 cases against perpetrators of crimes against children were recorded under the IPC, and 53,874 cases under the POCSO Act. The Child Labour (Prohibition & Regulation) Act registered 613 cases nationwide.

6. Crimes against Scheduled Castes:

Scheduled castes are highly marginalized in today’s society and have been so for decades. The cases of crimes against scheduled castes are only growing, with no signs of decline. In 2021, Uttar Pradesh recorded a shocking 13,146 cases, followed by Rajasthan with 7,524 and Madhya Pradesh with 7,214 cases.⁹ Delhi’s cases against scheduled castes doubled since 2020, with 2021 recording 136 cases. This was followed by Jammu & Kashmir with 13 cases and Puducherry with 7 cases.

An atrociously high number of 50,900 cases were recorded all over India. Of these cases, simple hurt was the majority, with 15,485 cases. Criminal intimidation (Section 506 of the Indian Penal Code) cases tallied up to 5,130, and grievous hurt (Sections 325 and 326 of the Indian Penal Code) cases were 1,286. A total of 45,610 cases were recorded under the SC/ST (Prevention of Atrocities) Act when it was read with the Indian Penal Code, 1860.

7. Crimes against Scheduled Tribes:

The nation has struggled with crimes against scheduled tribes since the pre-independence days. There has been no significant improvement in the number of incidents of crimes against scheduled tribes over the past two years. Madhya Pradesh recorded 2,627 cases (compared to its 2020 value of 2,401 cases), followed closely by Rajasthan at 2,121 cases and Odisha at 676 cases. A total of 199 recorded murders (Section 302 of the IPC) were reported, and 2,357 incidences of Simple hurt were recorded.

In the UTs, Delhi recorded 5 cases, with an increase of 4 cases since 2020, followed by Daman & Diu and Andaman & Nicobar Islands at 3 cases each. There were no cases of murder, grievous hurt or assault on women to outrage her modesty, but there was 1 case of simple hurt. Nationwide, there were 8,802 crimes against STs, of which 8,475 cases were recorded under the SC/ST (Prevention of Atrocities) Act when read with the Indian Penal Code.¹⁰ Criminal intimidation (Section 506 of the Indian Penal Code) cases tallied to 817.

8. Cyber Crimes:

Cybercrimes have been drastically increasing ever since the technology boom. With the accelerated growth of technological services, there has been an accelerated growth of cybercrimes as well. In 2021, the state of Telangana had 10,303 reported cases of cybercrime, followed by Uttar Pradesh with 8,829 cases and Karnataka with 8,136 cases. It is a drastic increase for Telangana, whose cases have doubled since 2020. A total of 19,751 computer-related offences under the Information Technology Act were recorded across all the states.

Delhi recorded 356 cases, double its previous statistics of 168 cases in 2020. All over India, 52,974 cases were reported in 2021, a slight increase from the previous year. A total of 27,427 cases were recorded under the Information Technology Act 2000. For the motives of cybercrime, it was found that the most common motive was fraud, with 32,230 cases, followed by sexual exploitation (4,555) and extortion (2,883).¹¹

9. Human Trafficking:

Human trafficking in India does not have large numbers, but crime still exists. In 2021, Telangana reported 347 cases, whereas Maharashtra reported 320, Assam reported 203, Kerala reported 201, and Andhra Pradesh reported 168. Compared to 2020, the number of human trafficking cases in these states has nearly doubled.¹² A total of 2,436 victims were underaged or minors, and 3,557 victims had attained the majority. A shocking number of children have been reported to be victims of human trafficking. Out of the total reported cases of 5,993, a whopping 5,681 cases have been successfully closed, with their victims rescued.

In UTs, Delhi showed 92 cases, compared to 53 in the previous year, showing nearly a 2x increase. Across India, 6,106 victims were Indians, 38 were Sri Lankan, 26 were Bangladeshi, and eight were Nepalese. The most general reasons for human trafficking were reported as forced labour, sexual exploitation for prostitution, domestic servitude and forced marriage.

Inferences drawn from the report

An apparent result from the above statistics is that the crime rates in India in 2021, as with every year before that, have consistently increased. However, the increase in the charge sheeting rate may denote that more crimes are being reported and more action is being taken after thorough investigations. An improvement in procedural efficiency may be a reason for the same.

India’s increasingly misogynistic culture significantly contributes to the increase in certain crimes. For example, more women and girls are kidnapped in kidnapping cases than men. When analyzed with the motives for kidnapping – marriage and elopement, it is clear that in many instances, women and girls are forced to do the bidding of the men in their lives/community. Dowry death and love affairs are also highly-ranking motives for murder, according to the 2021 crime report. Cruelty by husbands and relatives also had an extremely high number of cases, with 1,36,234 cases in 2021, approximately 31.8% of total crimes against women.

The report also mentioned that the Police had disposed of only 18% of registered cases in UP. This means that 82% of the cases are under investigation for a period exceeding a year. With such slow investigation and crime resolution rates, more and more women might be discouraged from reporting their crimes or waiting through the long investigation time to secure justice.

It is to be noted that India does have a robust system for the safety of women through its women-specific legislation, which is the Dowry Prohibition Act of 1961, the Protection of Women from Domestic Violence Act 2005, the Sexual Harassment of Women at Workplace Act, 2013 to name a few. To reduce infanticide and foeticide in female children, the Ministry of Women and Child Development actively promotes the Beti Bachao Beti Padhao scheme. UJJAWALA is a comprehensive framework to prevent trafficking and help rescue, rehabilitate, and reintegrate trafficking victims.¹³

Cyber crimes have also increased drastically since the Covid-19 pandemic and the technological era. The prevalence of smartphones in almost every urban and suburban household has expanded the scope of crime against residents of India. With the common motive of fraud, it is clear that it is extremely easy for scammers and perpetrators to quickly and efficiently scam innocents and steal their identities for money. However, it is essential to note that the Indian government strictly monitors cyberspace through the IT Act and its Rules. For example, Section 72A of the Information Technology Act 2000 protects the data of the public and corporates by penalizing those that disclose the personal data of others without consent. This penalty includes imprisonment of up to three years with a fine of five lakh Rupees or both. KYC, or Know Your Customer policy, was also introduced by the Reserve Bank of India to reduce cyber fraud and ensure proper authentication. 

When it comes to human trafficking, the rate of successfully disposing of cases is high, as the Police can retrieve 94.7% of all victims of trafficking cases. As with the crimes against women, human trafficking also seems to have misogynistic influences, as some of the highest motives include sexual exploitation for prostitution, domestic servitude and forced marriage. The Ministry of Home Affairs has funded anti-Human Trafficking units, and they actively investigate and record human trafficking cases in all the Indian states and union territories. Section 370 of the IPC prosecutes those accused of human trafficking.

Conclusion

A country like India is bound to have high incidences of crime due to the high rate of population. However, that is no excuse for the country’s constantly growing crime rate. Despite enforcing strict legislation regarding criminal activities, the crime rate is increasing. Reasons for the same might be procedural lapses, lack of enforcement of the laws in rural settings, and issues in the society and community that result in crimes against the poor and innocent.

Nevertheless, credit must be given where credit is due. The Indian Police and Central Investigation departments work day and night to ensure a certain sense of security for the country. Some aspects of crime cannot be controlled, so a crime-free society can never indeed be. India must strive to keep the crime rate from constantly increasing every year and must work towards reducing the crime rate.

---

References

1. National Crime Records Bureau, Crime in India, Government of India (Aug. 28, 2022) https://ncrb.gov.in/en/crime-india
2. National Crime Records Bureau, Crime in India 2021, Ministry of Home Affairs, Volume 1 Page 211 (Aug. 29, 2022) https://ncrb.gov.in/sites/default/files/CII-2021/CII_2021Volume%201.pdf 
3. Ibid, at Volume 1 page xi
4. Supra note 2, at Volume 1, page 157
5. Supra note 2, at Volume 1, page 163
6. Supra note 2, at Volume 1, page 164
7. Supra note 2, at Volume 1, page 213
8. National Crime Records Bureau, Crime in India 2021, Ministry of Home Affairs, Volume 3 Page 1016 (Aug. 29, 2022) https://ncrb.gov.in/sites/default/files/CII-2021/CII_2021Volume%203.pdf
9. National Crime Records Bureau, Crime in India 2021, Ministry of Home Affairs, Volume 2 Page 537 (Aug. 29, 2022) https://ncrb.gov.in/sites/default/files/CII-2021/CII_2021Volume%202.pdf
10. Ibid.
11. Supra note 9.
12. Supra note 9.
13. Women Empowerment Schemes, Ministry of Women & Child Development (Jan. 25, 2023) https://wcd.nic.in/schemes-listing/2405

This article is authored by Vibha Chinni Krishnan, a student of Symbiosis Law School, Hyderabad.

About ILS Law College

The year 2022-2023 marks a golden period for the Indian Law Society and ILS Law College, where the Society completes 100 years, and the College steps into its centennial year. The College has been a forerunner in providing inclusive and innovative legal education. Generations of illustrious alumni have carried ahead its reputation in all walks of life. Guided by the philosophy that, ‘Everything is centred in law,’ ILS has nurtured its own culture by effectively combining the theory and practice of law.

About the Centre for International Law:

The Centre was set up in 2014 with the goal to increase awareness about International Law. Its aim is to instil a passion for the subject by initiating discussions and conducting activities involving the various aspects and developments of International Law. It is student-driven and is instrumental in organising debates, presentations, and seminars.

About the Conference and the Theme:

Traditionally, the global order has largely been examined from a historical and political perspective, rather than an economic one. However, the focus of development,  now more than ever, has shifted to increasingly take into account economic factors. As the world witnesses a minute-to-minute shift in the field of global trade and economy, new challenges emerge daily. The rapid pace of globalisation and increasing interaction between countries vis-a-vis their economic interests has given rise to a myriad of issues, which is where the ever-evolving field of International Economic Law takes centre-stage, as newer ideas are forged in this realm. How the field of international law evolves to accommodate them warrants a detailed deliberation on some of the most pressing issues faced today.

The conference seeks to explore and delve deeper into such issues and ideas emerging today as they gain ground, with the wider field of International Economic Law in the backdrop. Moulded around the overarching themes, each session looks at specific issues occurring in the current global scenario. Investigations into contemporary economic order will also be conducted along with studies into how they shape the international legal and regulatory regime. The most pertinent events in the areas of International Monetary Law, Trade Law, Investment Law, Antitrust Law and Dispute Settlement etc. will be at the heart of these discussions.

Objectives of the Conference:

• To shed light on the implications of international law governing the environment and oil trade on the global economy;
• To understand the modified roles and responsibilities of various stakeholders in light of developments in the global economic order;
• To analyse the development of business and economic interests of States and corporations through the lens of international economic law; and
• To assess these issues with a specific focus on their implications for India.

Conference Sessions:

Session 1: Changing Geopolitics around the Global Oil Trade
Session 2: The Crypto-Currency Conundrum
Session 3: State-Owned Enterprises, their Effects on Competition Law, and Dispute Settlement
Session 4: Environmental Regulations vs Economic Interests: What is the Best Approach?
Session 5: IPRs under International Investment Law
Session 6: Paper Presentation

Registration Details:

Every person interested in participating in the conference must register by paying the registration fees. In case of co-authorship, each author must register and pay separately.

Registration Fees (including GST @ 18%)

Participant	With Paper Presentation	Without Paper Presentation
ILS Students	Rs. 500	Rs. 200
Non-ILS Students	Rs. 700	Rs. 300
Academicians/Professionals	Rs. 1000	Rs. 500
International Participants (excluding bank transaction charges)	USD 20	USD 10

Important Dates:

Submission Guidelines:

• Submissions can be made on any themes related to the abovementioned sessions.
• Format of submission – Microsoft Word
• Font: Times New Roman
• Font Size: 12 (Text), 10 (Footnotes)
• Margins: One-inch margin on all sides
• Line spacing: 1.5 (Text), Single (Footnote)
• Citation Style: Bluebook 20th Edition
• Word Limit: 4000 – 5000 words (excluding footnotes) for the full paper.
• Abstract: 300 words
• Language: English only.
• All submissions must be emailed to centreforinternationallaw@ilslaw.in

For further details and Registering: CLICK HERE

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 the Organization

The Ramesh Tripathi & Associates Practice is a full-service law firm with a heavy emphasis on advising clients (individuals or corporations) about their legal rights and obligations and standing up for clients in court disputes, commercial deals, and other problems. Our wealth of expertise and practical knowledge enables us to offer our clients a full range of legal services.

Ramesh Tripathi & Associates Firm was established with the utmost integrity, a people-first philosophy, and a commitment to giving back to society wherever practical. In order to continue offering dependable and extremely effective services, we continue to adhere to the “customer first” approach.

About the Internship

Ramesh Tripathi & Associates firm is looking for skilled, sincere, and ambitious Final Year Interns to gain knowledge by dwelling into various legal matters providing vast exposure.

Location

Vacancy for a Final Year Intern to apply to our Firm in Vashi, Navi Mumbai.

Roles and Responsibilities

Work requirements would primarily involve research skills, basic drafting, and physical court visits. Work would be spread over a wide range of criminal, consumer, labour, corporate, real estate, insolvency, and IP laws.

How to Apply?

Interested candidates may apply from here: – hrfairjustice@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.

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About the Competition

Sharda School of Law, Sharda University is organising the 7th ANAND SWAROOP GUPTA INTERNATIONAL MEMORIAL MOOT COURT COMPETITION.

Dates

16th – 18th MARCH 2023

Eligibility

• The Competition is open to all students, enrolled bonafide on a regular basis in an undergraduate Law course (5 years integrated Law course/3 Year L.L.B Course) or postgraduate Law course (LLM course) conducted by any recognized Institution/College/University of any country.
• More than one Team from an Institution/College/University may participate in the Competition.
• A cap of 32 teams is reserved for the Competition, and teams will be selected on a first-come first serve basis.
• Each Team shall comprise of a minimum of two members and a maximum of three members. In a Team comprising of two members, both members shall be designated as Speakers. In a Team comprising three members, the third member of the team shall be designated as Researcher.
• Any additional member or team coach of any team shall not formally be recognized and will not be entitled to a certificate from the University.

Location

Sharda School of Law, Sharda University Plot No- 32,34, Knowledge Park-III, Greater Noida Uttar Pradesh-201310. 

Registration Procedure

Each team shall complete the registration within the stipulated time. Registration is a two-step process consisting of filling up the registration form and payment of the registration fee. Registration will be open till February 28, 2023 (11.59 P. M. IST). The registration link is mentioned below.

Link- https://forms.gle/XiAfjZcbXxpHTFnWA

Fee Details

The Registration Fee is INR 3,500/- national teams. The International teams may contact us for details regarding registration and payment. 

Payment of Registration Fee

• Indian Teams must make payment by Online Payment/Demand Draft. 
• Payment by all other teams must be made by Online Payment/Bank Transfer. The procedure for the same has been provided in the registration form.
• All the formalities concerning the registration process should be completed by February 28, 2023. The decision of the Moot Court Committee shall be final in this regard.

Awards and Accolades

• The Winning Team shall be awarded a Trophy and a cash prize of 50,000/- INR and 1-year subscription for all 3 members of SCC ONLINE.
• The Runners-up Team shall be awarded a Trophy and a cash prize of 25,000/- INR and 1-year subscription for all 3 members of EBC ONLINE.
• The Best Speaker (Male and Female) shall be awarded a Trophy and a cash prize of 5,000/- INR.
• The Best Written Submission/Memorial award carries a Trophy and cash prize of 5,000/- INR.
• The Best Researcher (Male and Female) shall be awarded a Trophy and a cash prize of 5,000/- INR.

BROCHURE

MOOT PROBLEM

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About AAA Legal

AAA Legal is one name for all your legal issues as it works with the utmost diligence, precision and dedication for its clients. It is known for having successfully represented clients in complicated and intricate disputes across the country. AAA Legal is a law firm with an illustrative legacy of 14 years of practice and advisory. AAA Legal is now inviting applications (2 slots) for physical assessment internships for the 2023 batch.

Practice Areas

• Arbitration
• Competition laws
• Data protection
• Employment and labour
• Intellectual property including Innovation & Technology
• Real estate
• Customs laws and investigations
• White Collar Crime & Criminal laws

Eligibility

• Law students
• Confirmation from college is important.

Duration of Internship

February and March 2023 (2 months).

Location

New Delhi

Profile

Litigation and Internet laws

Stipend

The opportunity is a paid one and the best performers will get the Pre-placement offer.

Application Procedure

Email your CV to contact@aaalegal.pro (The subject of the email should read ‘Physical internship for February 2023’).

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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BOUDHIK IP LLP is an Intellectual Property Firm engaged in providing services in the area of Intellectual Property Laws (IP). They are looking for passionate interns who can dedicatedly work for their organization and contribute to the fullest in the best possible way.

Duties and Responsibilities

• Assist Seniors in research work related to any legal matters;
• Draft and study legal documents as required;
• Well-versed in Intellectual Property Laws;
• May be required to provide inputs and research in ongoing matters; and
• Compiling legal information and referral resources.

Skills Required

• Self-motivated, proactive & hardworking;
• Good Logical and reasoning skills;
• Impeccable research, writing, analytical, and communication skills; and
• In-depth understanding of MS Office including word, excel, power points, etc.

Vacancy

One (1)

Location

Noida

Duration

6 Months (Feb To July)

Interested candidates can apply along with their updated resumes at associate@boudhikip.com and connect@boudhikip.com.

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This article provides the readers with an insight into the Gains of Hindu Learning Act of 1930 by analyzing the act in detail, pointing out the loopholes, and providing suggestions.

Introduction

Hindu law is known for its existence from ancient sources and scripts written by scholars. These sources have originated centuries back, and the soul of Hindu law lies in these texts which include almost every matter of the current scenario from marriage, divorce, rights, and duties of spouses to property and maintenance. Matters pertaining to property were always debated, even in the contemporary era. The property which is earned, whether it comes under coparcenary or self-acquired property and their definitions of how a property can be classified into either of the categories were always a matter of discussion for an extended period until the Hindu gains of learning act were passed 1930. The Joint Hindu family has its traces in the patriarchal society where Karta was the head of the family and he took all the decisions. There was no room for the self-acquired property. The self-acquired property was legally recognized after this act came into effect. The core meaning of this act signifies all the properties a person earns through his learnings. Learning can be in any educational form. Any property a person earns by the application of his education or by any trade practices or profession is self-acquired property. It is recognized under the gains of learning act that he has the sole right over the property, and no other person even a member of the Joint Hindu family, can have control over it. This article aims to deeply analyze the importance of gains of the Hindu Learning Act 1930 by quoting various relevant judgments and individual property rights.

Historical Backdrop

Coparcenary property is passed on from generation as of amendment passed in the year 2005, both males and females have equal rights over the ancestral property. This makes the individuals have joint possession of the property. The coparcenary property however cannot be disposed of by any of the individuals. One can only dispose of his share of the property. However, as one individual owns the self-acquired property, it can be disposed of by him.

Before 1930, the position of self-acquired property was unknown; therefore, there were many conflicting views. The self-acquired property itself was not recognized under a separate law. The earlier rule was unjust as no person could have self-acquired property because it was of the view that any property earned through the fund of a Joint Hindu family will naturally become a part of the joint Hindu family. It even includes educational funding. Even if an individual’s education was funded by the joint-Hindu family, and he earns property through his efforts and learnings, it would still count as joint property. Subsequently, in the year 1930, to give clarity regarding the partition of the property, the Hindu gains of learning act was passed. The first attempt to pass this legislature was made in the year 1898 in the madras legislature. Sir Bhashyam Iyengar was the one to make this attempt. Nevertheless, it went in vain because of the veto powers of the governor in the year 1901. Later the act came into effect on the year 25^th July 1930.

The main motive behind passing this act was fulfilled by removing the loopholes regarding property distribution and clearing the ambiguous nature of property rights. This act started to realize the efforts and learnings of an individual to earn property. The learnings of the individual are dominant rather than the means of learning. Whether funding to provide learning was through the joint family was less important. On the contrary, this act was not initiated to give property to the individual blindly. A thin line of distinction was drawn between individual rights on property and coparcenary rights. When the coparcener sets up a private firm with the earnings of the joint family, then the share of the organization’s profit must be shared between other coparceners. On the other hand, the salary earned by applying own skills belongs to the coparcener only. This gave clarity to the act. The only property earned through direct funding comes under the family’s rights.

Judicial Position After the Act

In the case, Durvasula Gangadharudu v. Durvasula Narasammah and Ors¹ the matter of discussion was whether the property earned by a lawyer employing his profession comes under self-acquired. The court in this case held that it would depend on the factual circumstances. In most cases, the education or learnings of the lawyer would be funded by the family so that it would be treated as a jointly owned property. This led to not realizing the efforts of the individual to acquire a property. The individual’s consent on whether he wanted to share the property was of no value. This led to holding every member of the joint Hindu family jointly responsible for legal conflicts arising from the property. Moreover, it resulted in undue pressure on children as they naturally become part of the property through coparcenary rights before attaining maturity to understand the consequences and their rights. A property earned by an artist, exhibiting his own talent and skills was still considered joint property. There was no value given to his skills. A property was realized as self-earned only when there was no direct or indirect funding source. In the case, of Laleshman Mayaram v. Jamnabai,² the petitioner was a lawyer by profession and a judge filed a petition for claiming self-acquired property. The family funded only elementary education, and every other achievement was self-earned. So, his acquired property was considered self-acquired. In another case, Amar Nath Gokulchand v. Hukum Chand Nathul Mal.,³ Gokulchand spent 7 years abroad for his education. When he returned, the property he earned was partitioned between the family. This was later challenged. The court held that even though he did his education abroad, there was no proof that he funded the education with self-earned money. The family’s earnings funded it. Therefore, the property is subjected to partition.

In the case, Chandrakant Manilal Shah And Anr., v. Commissioner of Income Tax,⁴ Chandrakant Manila, the Karta in the joint Hindu family along with his son Naresh Manila started a partnership firm. But the partnership was held invalid because no earnings or property or any asset was contributed by the son which is necessary for a partnership. He only contributed skill and labour. Court held the partnership valid, stating the fact that according to the gains of the Hindu Learning act, even skills and learnings to acquire property are recognized under the self-acquired property.

In Balbir Singh Uppal and Anr., v. Gurmeet Singh Uppal and Ors.⁵ The petitioner was residing in Pakistan and owned some ancestral property in Pakistan. But after the partition, he moved to Delhi and started residing in Delhi with his son (defendant). The petitioner gave a share of the joint family property to the son to start his business. The issue was whether the profit earned in the business should be shared with the joint family. The court in this case made a significant observation. It was stated that in matters where the capital of the business is contributed more by the assets of the joint family, then the profit of the business should be shared with the family. But if the learnings of the individual play a more significant role in the business than the capital then it is not necessary to yield the profit. In the present case, as the business was of herbal medicines, the knowledge of the defendant was more important in the business regarding different herbs. The family property was just a supplement in the business for support. Therefore, it was held that the earnings are self-acquired.

Loopholes and Conclusion

One of the major loopholes of the act was that the reasonable amount clause was not added to the Hindu gains of Learning Act, of 1930. The law allows the members of the joint family to use the funds of the family for self-acquiring property through learning. But the proportion in which these funds can be used was not mentioned anywhere. This may result in a disproportion in the distribution of the resources and members might take unfair advantage of it. In the present scenario, the cost of education is also increasing and differs from place to place. This would result in a substantial loss in the family fund. The same concept of reasonable proportion is applied in other fields of Hindu law as well. Where the daughter has the same right as the sons to get a proportional share of the property.

Another important suggestion is when the family fund is used by the member for learning purposes, he should have the moral obligation to repay it in any form to the family. Similar to the right of the son to repay the father’s debts in Hindu law. In the current scenario, more important to determine cases regarding property is to differentiate them based on whether the property is attained through learning. This ignores the fact that learning is gained only through the proper allocation of the family fund. Learnings are something that cannot be measured it is intangible.

Another vital motive behind this right was to improve the status of widows. When the property earned is considered joint property, and after the passing away of the member, it did not provide widows with the status to get a share of the property. This resulted in deteriorating their condition in society and being vulnerable to poverty. To uplift their status, this act was important. The matter of the hour is only to preserve the joint family’s fund. The family and its members should complement each other where funds are proportionally allocated to its members, and in return, the members owe an obligation to the family.

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References

1. Durvasula Gangadharudu v Durvasula Narasammah and Ors, (1872) Mad. H.C. 47
2. Laleshman Mayaram v Jamnabai, (1882) I.L.R. 6 Bom. 225.
3. Amar Nath Gokulchand v Hukum Chand Nathul Mal, 1921 (23) BomLR 671.
4. Chandrakant Manilal Shah and Anr., v Commissioner of Income Tax, [1991] INSC 272.
5. Balbir Singh Uppal and Anr., v Gurmeet Singh Uppal and Ors, SR. NO. 307 I.E CWP 17923 OF 2005.

This article is written by Vishal Menon, from Symbiosis Law School, Hyderabad.

Physical LEGAL Internship Opportunity at the Law Office of Advocate Swatantra Yadav, Delhi.

About Advocate Swatantra Yadav

Swatantra Yadav (Advocate At Delhi High Court) deals with the Constitutional, Criminal, Civil, Matrimonial, NCLT & Business Affairs, Services & Education, and Accidental (M.A.C.T) NDPS, CAT, Human Rights, Taxation, Consumers, PIL, Arbitration, Merger and Acquisitions, Real Estate, Trust & societies(NGO) & All type of Registration etc. cases in the Supreme Court, High Courts, National Green Tribunal (NGT), state and national consumer redressal commission and other tribunals and district courts dealing with all types cases in all over India.

Duration

1-2 Months

Location

Law Office at Lawyers Block, Saket Court Complex, South Delhi.

Internship Requirement

Those who can start immediately can commute to Saket District Court and other courts in Delhi.

Opportunities

The internship experience will include visiting the Honb’le court to assist the Lawyer in arguments, Drafting, Researching, Filling, etc.

Apply

Those who are interested can drop their resume at advswatantra.yadav@gmail.com, kyadav003@gmail.com

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About Alba Law Officers

Alba Law Offices is a full-service law firm based out of Delhi. It has been constituted by young lawyers drawn together with the aspiration of providing high-quality legal services to clients with a strong emphasis on ethics

Eligibility

• Fresher/Last year of law school.
• Basic knowledge of legal research + drafting

Location

Delhi (offline)

Duration

2 Months

How to Apply?

 Interested candidates may email their CVs at s.misra@albalawoffices.com

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