Month: June 2023

S.no	Contents
1.	Administrative Discretion: What It Is and What It Means
2.	Motives for the Growth of Discretionary Powers
3.	Indian system of administrative discretion
4.	Indian Constitution and Administrative Discretion
5.	Judicial Control
6.	Judicial oversight of the discretionary administrative powers
7.	Judiciary’s Function and Administrative Discretion
8.	Conclusion and Recommendations

Administrative Discretion: What It Is and What It Means

Administrative discretion is the combination of the phrases administrative and discretion. It refers to the discretion that the administration uses to carry out its duties. We’ll talk about discretion first, then we’ll highlight administrative discretion. Discretion is the capacity to make choices. 

Or, to put it another way, the authority to act by their intelligence. Regarding his property, each person is free to donate, sell, or otherwise dispose of it as they see fit. He can make a will if he decides he wants his property to pass down through his ancestors. He can sell his land if he chooses not to pass it down to his ancestors. Nobody is allowed to impede his independence.

Administrative discretion differs from individual discretion. There is no constraint on personal choice. However, administrative discretion means they have the freedom to choose among the available possibilities. 

Lord Cock – Understanding the difference between truth and lies, right and wrong, and reasonable and outrageous behaviour is the science of discretion. They must not carry out their tasks out of self-interest or to satisfy their desires.

The Supreme Court stated in State of Punjab v. Khan Chand^[1] that the question of specifics must be left in the hands of the authorities working by an enactment due to the complexity of the issues that a modern state must deal with. For the sake of exercising the powers granted to them by an enactment, the relevant authorities must be provided discretion.

In governance and law, administrative discretion is the main source of creativity. All administrative actions must be conducted with great caution. It shouldn’t, however, be allowed to run unchecked lest it become arbitrary and undermine the fundamentals of the rule of law.

Administrative discretion is required

When Dicey created the concept of the rule of law, the laissez-faire philosophy was in vogue. The upkeep of peace and order was the sole responsibility of the police state at the time. More and more nations adopted the idea of a welfare state as the philosophy of laissez-faire fell out of favour over time, and there was a pressing need for both social and economic progress. It is now hard to create a government that can run smoothly without giving the executive discretionary power, whether in communist or capitalist regimes.

Motives for the Growth of Discretionary Powers

The growth of administrative discretion is due to a variety of factors. Some explanations are provided below.

1. Today’s administration has challenging and numerous issues that cannot be resolved by a single rule.
2. Because the majority of those issues are brand-new and are emerging for the first time, a general rule cannot be applied to them.
3. Although it is not always feasible to predict every issue when it does arise and cannot be resolved under the circumstances, administrative authorities must be contacted.
4. Each situation has a unique set of circumstances, thus applying one rule to them all could result in injustice.

Administrative authorities are free to use their authority as they see fit, given the situation. They can create and put into practice a variety of rules to address problems that arise abruptly. But once the administration has addressed every issue and changed the exercises and guidelines in those puzzles. It might lead to a lot of problems, some getting worse—

1. No one may be aware of the regulation that will be applied in his case.
2. Because every situation of the same nature will be handled under different rules, it will be a blatant violation of Article 14, Right to Equality.
3. Administrative officials might abuse their discretion in some circumstances.

The administrative authority must be chosen as a general rule based on the aforementioned arguments.

Administrative authorities must be used equally in all of their tasks, whenever practicable. If it doesn’t continue, it can not only lead to administrative violence but also lose the public’s faith. When using administrative discretion, the administration must take into consideration how comparable situations have been handled in the past; otherwise, this would constitute discrimination and put many barriers in the way of inclusive progress.

Indian system of administrative discretion

India has also adopted the welfare state philosophy; thus it was important to grant the administration discretionary powers because there was only one body that could perform all tasks.

Government participation and interference in all public activity that was done after this notion was adopted. The state now considers the development of the public and the state. Before it, the state performed ministerial duties and thought primarily about itself. It wasn’t interested in any public issues. Now that the state is beginning to consider the general people and their facilities, it has placed the full weight of all obligations on the administration. But without the ability to make decisions, it was impossible.

Administrative officials thought they needed the ability to make decisions immediately. They are powerless to act without it. Therefore, the state granted them discretionary powers. However, no contemporary government can run effectively without giving administrative officials some degree of discretion. The occurrence of specific events or the emergence of specific unanticipated situations determines whether or not action is necessary. They must occasionally be decided, and the administrator must reply by making use of the authority delegated to her.

The Supreme Court had ruled that with regards to the administrative discretion granted by law. The exercise of discretion is anticipated to be fair, just, and reasonable; it cannot be motivated by personal desires or interests. It must not be speculative, arbitrary, or illogical. It must fall within the parameters that are reasonable for a genuine individual.

Indian Constitution and Administrative Discretion

If a law is passed by a capable legislature, it cannot be contested on the grounds of purported bad motives or enigmatic intents. Any statute that grants discretion to the executive must include restrictions on how that discretion may be used. Our constitution contains several clauses that deal with discretion. The highest Executive in India is the President. He used a lot of his discretion. If he determines that any of the conditions listed in Article 352 have arisen, he may declare a national emergency. He has the authority to enact and enforce laws. When there is no majority party, he has the authority to dissolve the Lok Sabha. He is free to create the government at his discretion. Additionally, he has the authority to commute sentences or grant pardons to anyone who has been found guilty of crimes under Articles 72 and 161. A state may also be governed by him as president under Article 356. But there are some limitations to all of these powers. These are not random acts of nature. Even the judiciary has used some discretion; when judges sentence guilty parties, they have control over whether to impose a fine, an incarceration term, or both.

Judicial Control

The entire body of law governing the judicial supervision of administrative discretion is predicated on the idea that the courts, who have the final say in controlling the discretionary powers granted to the administration, are where democracy begins. The absence of judicial oversight of administrative activity may encourage executive overreach. The principles of democracy and the idea of the rule of law would be violated in such a situation.

In the case of Kesavananda Bharti v. State of Kerala^[2], it was decided that judicial control is not only a crucial component of the Indian Constitution but also an element of its fundamental framework, which cannot be altered even through a constitutional amendment. The foundation of judicial oversight of administrative action is the idea that all authority must be exerted within the bounds of the law. The courts do not get involved in administrative decisions unless they are arbitrary or otherwise in violation of the Constitution. The courts have appellate and supervisory jurisdiction when deciding whether an administrative action is legal.

Judicial oversight of the discretionary administrative powers

Because the English parliament is supreme, no statute may be challenged by the judiciary on any basis. No statute can be subjected to judicial scrutiny by a court. However, the court can limit administrative discretion under specific circumstances, including abuse of discretion and supra vires.

The United States of America shares India’s practice of judicial review. The court cannot impose its views instead of using discretion in both countries. For the proper application of the Rule of Law, it must be under control. Administrative discretion must be used by the law, not individual discretion. If the administration is given complete freedom to carry out outsider duties, a dictator may be in place. Therefore, it’s important to limit administrative discretion.

Judiciary’s Function and Administrative Discretion

To limit discretion, the court has adopted many new concepts recently. These justifications successfully exercise discretion. These guidelines are the ultra-vires doctrine and the misuse of administrative discretion, an improper motive, an irrelevant factor, malice, unreasonableness, a violation of protocol, and administrative discretion.

In the case of Ram Manohar Lohia v. State of Bihar^[3], the authority was permitted to hold a person under the defense of India provisions to maintain public order. The petitioner was detained to stop him from engaging in a way that might harm the upkeep of law and order. The court overturned the detention order. The court held that the notion of law and order was more expansive than the notion of public order.

In Air India v. Nargesh Meerza^[4], the issue at hand was the legality of a service regulation put out by Air India that called for the termination of an air hostess’ employment upon the occurrence of her first pregnancy.

The regulation was deemed by the Supreme Court to be highly arbitrary, illogical, offensive to the ideals of a civilized society, and interfering with the natural progression of human nature. It is not a disability, but rather a normal side effect of marriage and an unchangeable aspect of married life. Therefore, it has been demonstrated that administrative discretion is necessary today and that its monitoring is essential. Judicial review is a useful tool for managing it. The judicial assessment of administrative discretion thus has this additional dimension. Everyone is protected from discrimination by Article 14.

Conclusion and Recommendations

Although it must be granted, administrative discretion must be constrained. And a limitation needs to be put in place. It implies that a process should be set up for the administration. So let me highlight a few ideas that are provided below.

1. Administrative personnel cannot achieve their goals without judgment. They are unable to realize the welfare notion, hence the state must grant discretion but not access.
2. Some constraints (restrictions) should be put in place when the state grants discretion.
3. The discretion must be removed while adhering to these limitations.
4. The language of the legislation, which grants discretion, must be unambiguous and explicit.
5. Any person who suffers a discretionary injury must be given compensation.
6. Discretion must be subject to court review on more than just a few grounds, such as mala fide intent, arbitrariness, discrimination, and irrelevant consideration. Likewise on legitimate grounds. because there are more and more problems every day.

Administration in a welfare state cannot function effectively without discretion. It is a requirement for the exercise of authority. But it’s also necessary to set boundaries and standards.

Administrative discretion becomes unconstrained and unchecked. Power corrupts, and absolute power corrupts totally, as Aristotle correctly observed. Discretion fosters innovation in government. All administrative decisions must be made with discretion, but to safeguard the notion of the rule of law in administration, it is also necessary to impound decisions and control discretion, lest instances of injustice go unreported and unpunished.

Even though exercising discretion is essential to running the administration, this cannot be done in its entirety. If discretion is unconstrained, authoritarian rule and the rule of law will cease to exist in the nation. No policy can be carried out in the nation without discretion. Democracy won’t be realized if total discretion is granted.

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Endnotes:

1. State of Punjab v. Khan Chand, AIR 1974 SC 543
2. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225; AIR 1973 SC 1461
3. Ram Manohar Lohia v. State of Bihar, [1966] 1 S.C.R. 709
4. Air India v Nergesh Meerza & Ors, 1981 AIR 1829

This article is authored by Karan Gautam, a student of Delhi Metropolitan Education.

ABOUT NALSAR

The National Academy of Legal Studies and Research (‘NALSAR’) was established in 1998 by a Statute of the State of Andhra Pradesh. Since its inception, NALSAR has been consistently counted among the top law schools in the country and strives to implement varied strategies to create a vibrant scholastic environment. In light of the same, NALSAR has also continually endeavoured to push legal scholarship towards new paradigms by fostering a strong culture of legal journals.

ABOUT THE JOURNAL

The NALSAR-IAMC ADR Journal (‘The Journal’) is the result of the budding relationship & joint efforts between NALSAR and IAMC. The Journal primarily endeavours to facilitate the development of scholarship in the fields of Arbitration and Alternate Dispute Resolution. In furtherance of the same, the Journal aims to provide a robust platform for legal minds all over the country to showcase their critical thinking and analytical abilities in order to positively contribute to the emergent discourse surrounding Arbitration and Alternate Dispute Resolution. In light of the above, the Editorial Board is pleased to invite submissions for Volume I, Issue I of the Journal.

DEADLINE FOR SUBMISSIONS

All entries shall be submitted by 31st July 2023.

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• Long Articles (approximately 6000 words)
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• Essays (approximately 2500-4000 words)

Kindly note that the aforementioned word limits indicate the upper limit for entries and are exclusive of footnotes.

MANDATE

All submissions made to The Journal must fall under the ambit of Arbitration Law (both domestic and international) and/or Alternate Dispute Resolution.

PROCEDURE FOR SUBMISSION

Authors are hereby requested to comply with the following procedure:

• All submissions shall be sent to nalsariamcadrjournal@nalsar.ac.in in .doc or .docx format.
• The subject of the email shall be as follows – “Submission for Volume I, Issue I | Name of the Author/Authors – Title of Submission”
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All queries may be addressed to nalsariamcadrjournal@nalsar.ac.in. Additionally, the undersigned may also be contacted:

• Piyush Raj (Editor-in-Chief): +91-8578020809, Piyush.raj@nalsar.ac.in
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S.no	Contents
1.	Introduction
2.	Types of Cybercrime
3.	Financial Losses & Economic Impact
4.	Threat Towards ‘Digital India’
5.	Business Disruption
6.	Data Privacy is a Myth
7.	Effects of Cybercrime on Society
8.	How Laws Evolved around Cybercrimes in India
9.	Conclusion

Introduction

India has seen a substantial increase in cybercrime recently, posing a growing threat to both culture and economy. Cybercriminals have discovered new ways to take advantage of flaws and carry out their nefarious activities thanks to growing digitization and broad internet usage. Online harassment and cyberstalking are major issues that are becoming increasingly prevalent in today’s digital age. With the widespread use of the internet, type of abuse can have many forms, such as bullying, hate speech, stalking, and revenge porn, and it can cause devastating effects on someone’s life. The internet’s anonymity has made it easier for perpetrators to engage in abusive behaviour and law enforcement often struggles to keep up with the rapidly evolving landscape of online crime.

Cybercrime also puts India’s ambitious digital transformation projects in danger. Fear of cyberattacks may prevent individuals and companies from adopting digital technology, halting development and obstructing the potential advantages of a digital economy. Cybercrime also affects data security and violates privacy, with serious social repercussions. People become more susceptible to identity theft, fraud, and harassment, which undermines faith in online platforms and has an adverse effect on mental health. Due to the cross-border nature of cybercrime, it is challenging to identify and capture offenders, necessitating ongoing tool and skill enhancements for efficient investigations. In addition, the legal system encounters challenges when dealing with cybercrime matters, such as delays and the requirement for specialised knowledge, which impedes the administration of justice.

Types of Cybercrime

It is important to recognize that these crimes are not merely harmless pranks, but heinous criminal acts that have devastating consequences.

1. Online bullying- This involves the use of electronic communication to harass or intimidate someone.
2. Doxxing- This is the practice of publishing personal information, such as a person’s address or phone number, with the intent of causing harm.
3. Revenge porn- This involves the distribution of sexually explicit images or videos without the victim’s consent.
4. Trolling- This involves deliberately posting inflammatory or offensive comments online to provoke a reaction.
5. Cyberstalking- This is the persistent and unwanted pursuit or harassment of a person through electronic communication, such as emails, texts, and social media messages.
6. Impersonation- This involves creating a fake social media account or website to impersonate someone else.
7. Hacking- This involves gaining unauthorized access to a person’s computer or online accounts with the intent of stealing personal information or causing harm.
8. Salami Attack- Attackers or hackers frequently utilise the salami attack technique in order to perpetrate financial crimes online. One at a time, cybercriminals take resources or money from a system’s bank accounts. This attack happens when a number of weaker attacks combine to form a more powerful attack.
9. Script Kiddies- Script kiddie is a derogative term that computer hackers coined to refer to immature, but often just as dangerous, exploiters of internet security weaknesses.
10.  Cyber Laundering- Cyber laundering is when criminals use the internet to establish anonymity or non-traceability for laundering money. It happens in two ways- Instrumental Digital Laundering and Integral Digital Laundering.

Financial Losses & Economic Impact

This article would explore the vicious impact of cybercrime on the Indian economy, highlighting the challenges it poses and the measures required to address this growing concern.

• Intellectual Property Theft- The unauthorised use, exploitation, or outright theft of creative works, ideas, trade secrets, and confidential information is known as intellectual property (IP) theft and is otherwise protected by intellectual property laws. There are many different types of IP theft, such as trademark infringement, copyright infringement, and patent infringement. Cyber espionage poses a threat to Indian firms, particularly those operating in the technology and innovation industries. This reduces the value of research, innovation, and competitive advantage, diminishing these industries’ capacity for economic growth.

• Online Financial Frauds- Financial Fraud happens when someone deceives you and takes your money or any other kind of assets through illegal means. And when the usurper uses the cyberspace or Internet to conduct its fraudulent measures, it is called online fraud. Cybercriminals target people and steal money from their bank accounts using a variety of strategies, including phishing, identity theft, and credit card fraud. Individuals directly lose money as a result of these fraudulent operations, which undermines their trust in online transactions and electronic payment systems.

• Financial Sector Vulnerabilities- Due to the possibility of significant financial gain, the financial industry is a top target for cybercriminals. Attacks on financial institutions, such as banks, payment gateways, and stock exchanges, cause financial losses as well as a decline in public confidence in the banking system. This can undermine economic stability and hinder the flow of investments. These monetary losses have a huge cumulative impact. In India, the cost of cybercrime was predicted to reach over $4 billion per year in 2019 by the Indian Council for Research on International Economic Relations (ICRIER). This sum accounts for both the direct financial losses and the indirect expenses related to reducing the effects of cyberattacks.

• Ransomware Attack- In a ransomware attack, the user’s data, folders, or entire device is taken over by the attacker until a ‘ransom’ cost is paid. It is a form of malware from the crypto virology family that threatens to leak the victim’s private information or completely bar access to it if a ransom is not paid. More sophisticated malware employs a method termed cryptoviral extortion, whereas other simple ransomware may just lock the system without deleting any files.  By using phishing attacks or malicious websites to infect a PC or a network, ransomware attacks take advantage of unpatched security flaws. Though just simple ransom paying doesn’t ensure data recovery, and furthermore, the cost of data restoration can lead to more financial burdens.

• Data Breaches- Sensitive information about people and businesses has been compromised in a number of high-profile data breaches that have occurred in India. These violations have long-term effects in addition to acute pecuniary ones. Businesses may experience negative effects on their income and growth prospects due to legal repercussions, reputational harm, and a loss of customer trust.

Threat Towards ‘Digital India’

India has placed a lot of emphasis on digital transformation programmes to use technology for governance, e-commerce, online services, and financial inclusion. However, the advancement and effectiveness of these transformational endeavours are seriously threatened by cybercrime.

• Erosion of Consumer Confidence- Consumer trust in digital platforms, e-commerce, and online services is damaged by cyberattacks. Data breaches, financial fraud, and identity theft occur often, which raises questions about the security of personal and financial data. Consumer behaviour is impacted by the decline in trust, and people are less willing to deal online and divulge personal information. The advantages of digital transformation will not be fully realised without a strong digital ecosystem based on trust.
  
• Compliance & Regulatory Challenges- Regulation and legal frameworks that handle growing threats and safeguard digital transformation projects are needed to combat cybercrime. Effective cybersecurity legislation, data protection laws, and privacy standards must be developed and put into place. Regulating bodies face difficulties keeping up with the rapid growth of cyber threats and establishing a safe and favourable environment for digital transformation. This entails making substantial investments in cybersecurity defences, encouraging digital literacy and awareness, establishing public-private partnerships, and creating a cybersecurity culture within businesses.
  
• Service Disruption- Critical digital services may be interfered with by cyberattacks, putting users through inconvenience and irritation. For instance, a successful DDoS attack on online service platforms or government websites can make them inaccessible, preventing citizens from using vital services. Such interruptions jeopardise the dependability and accessibility of digital platforms, impeding the advancement of initiatives for digital transformation.

Business Disruption

The rise of cybercrimes in India can affect businesses and corporate institutes terribly. They can suffer from financial loss, software disruption, phishing and others.

• Financial Implications- Costs associated with recovering from a cyber-attack are substantial. To restore systems and secure data, businesses must spend money on incident response, forensics, and remediation activities. Furthermore, failure to appropriately protect customer data may have legal and regulatory repercussions, such as fines and penalties. Small and medium-sized businesses (SMEs), who may lack the means and knowledge to adequately address cyber risks, may find it particularly difficult to deal with these financial pressures.
• Business Resilience- The importance of solid business continuity and disaster recovery planning is highlighted by cyberattacks. Businesses must spend money on preventative measures to safeguard their vital infrastructure, create secure data backups, and establish incident response procedures. If these precautions are not taken, cyberattacks will continue to interrupt business operations and have a greater overall impact.
• Downtime and Loss of Productivity- Cyberattacks that cause considerable downtime to corporate activities include distributed denial-of-service (DDoS) attacks and ransomware outbreaks. This downtime results in a loss of productivity and money. Even a small interruption can have a negative impact on supply chains, customer services, and overall operational effectiveness for firms that rely significantly on technology.

Data Privacy is a Myth

To commit, identity, theft and financial fraud, cyber criminals target personal data such as Adhaar or PAN numbers, bank account information, and credit card information. Various illegal activities, such as impersonation, loan fraud, and unauthorised financial transactions, can be committed using stolen identities. Individuals suffer financial losses as a result of these instances, which also reduce confidence in online services and transactions. Privacy and data protection laws are essential for protecting people’s personal information and holding companies accountable. However, regulatory and compliance structures are challenged by cybercrime. Cross-border operations are frequently involved in data breaches, making it challenging to identify and apprehend hackers. To properly address these issues, regulatory frameworks must be strengthened, data privacy laws must be improved, and international cooperation must be encouraged. Businesses in India run the danger of having their proprietary data, trade secrets, and consumer information compromised by data breaches. These hacks may be the result of business espionage to acquire a competitive edge or by hackers looking to make money by selling the stolen data. Financial losses, reputational harm, and a decline in customer trust are all effects. Individuals and companies need to prioritise cybersecurity measures in order to reduce privacy and data security breaches. Implementing robust authentication systems, encryption, and secure data storage procedures are all part of this. Individuals can be equipped to secure their personal information and recognise potential risks by encouraging digital literacy and awareness among them. Businesses should make substantial investments in cybersecurity infrastructure, carry out frequent security assessments, and follow data privacy laws.

Effects of Cybercrime on Society

Our web presence is constantly growing. Whether we buy food in-store or clothes online, every transaction leaves a digital trail that cybercriminals are always trying to exploit. Globally, there are now more cybercrimes due to increased internet usage. According to a National Crime Records Bureau of India report, from 2018 to 2020, there was an 84% increase in cybercrimes in India. Cybercrime affects both small businesses and huge organisations. The numerous negative repercussions of cybercrimes on society are explained in this article.

• Effects of Cybercrime on Infrastructure- Cyberterrorism is another serious danger to society. Millions of lives are at risk when cyberterrorists breach infrastructure-controlling systems like air traffic control. The risk of cyberterrorism increases with a country’s level of technological development. Healthcare websites are a target for cybercriminals. Sensitive information about patients and healthcare workers may be exposed. These online crimes can include denial-of-service attacks and malware. Cyberattacks on the healthcare sector could result in more than just monetary losses; they might also endanger the lives of patients.
• Effects of cybercrime on Businesses– Assume that when a customer purchases something online, an e-commerce company records their credit card information. Millions of people do business with this enormous company. Let’s imagine that at least 70% of their consumers use debit cards, credit cards, UPIs, digital wallets, etc. to make purchases. This indicates that the company has amassed a sizable online customer database. Hackers can gain access to internal systems if the organisation does not take the necessary precautions to secure and encrypt the sensitive financial information of its clients. Customers’ card information can be accessed, followed back to their bank accounts, and money was stolen. Many people may suffer financial losses as a result, which will produce a huge commotion in society.
• Effects on Individuals- Cyberbullying is the practice of using bogus information leak threats to extort online users. The effects of cybercrime extend beyond monetary damage, much like attacks on healthcare facilities. Victims may experience mental health issues like anxiety and depression, which can cause suicidal thoughts. Not only have our phones become smarter as a result of digitization. Smart homes are now possible thanks to artificial intelligence (AI) and the Internet of things (IoT), where you can turn on any device with a voice command. Your modern smart TV enables you to sign up for a variety of streaming services, but in the absence of a reliable security solution, it exposes your payment information to hacking.

How Laws Evolved around Cybercrimes in India

At first, there were no special provisions for cybercrimes in India. The Indian Judiciary added various aspects of cybercrimes in IPC through some landmark judgments like-

1. State of Tamil Nadu v. Suhas Katti^[1]: In this case, the Supreme Court held that the offense of hacking under Section 66 of the IT Act requires proof of mens rea or criminal intent.
2. Shreya Singhal v. Union of India^[2]: In this case, the Supreme Court struck down Section 66A of the IT Act, which criminalized the sending of offensive messages through communication services, as it violated the right to freedom of speech and expression.
3. K. Srinivas v. State of Karnataka: In this case, the Supreme Court held that the offense of cyberstalking under Section 354D of the IPC includes online stalking and harassment.
4. Sabu Mathew George v. Union of India^[3]: In this case, the Supreme Court held that the offense of publishing or transmitting obscene material in electronic form under Section 67 of the IT Act requires the intention to arouse sexual desire.

Also in,

1. Anvar P.V. v. P.K. Basheer^[4], the Supreme Court of India observed that the increase in cybercrime requires formulating new laws and strengthening existing ones to prevent and prosecute such crimes. The court also emphasized the need for awareness and education programs to inform citizens about the risks of cybercrime and how to protect themselves.
2. Sharat Babu Digumarti v. Government of NCT of Delhi^[5], the Delhi High Court held that the prevention of cybercrime requires the development of technological solutions and the cooperation of law enforcement agencies and internet service providers.
3. K.M. Shareef v. State of Kerala, the Kerala High Court emphasized the need for strict punishment for cybercrime offenders to deter others from committing such crimes.

Through various Case Laws, the accountability for cybercrimes expanded-

1. State of Karnataka v. Sri Raghavendra S. Navalgund: In this case, the accused was found guilty of unauthorized access to a computer system and stealing confidential data. The court held that the offense of hacking under Section 66 of the IT Act, 2000 requires proof of criminal intent and dishonesty.
2. Avnish Bajaj v. State: In this case, the founder of a popular online marketplace was arrested for hosting objectionable content on his website. The court held that the intermediary protection under Section 79 of the IT Act, 2000 can be availed of only if the intermediary takes reasonable steps to remove or disable access to the objectionable content.
3. Sanjeev Mishra v. State of Uttar Pradesh: In this case, the accused was found guilty of creating a fake social media profile to defame a woman. The court held that the offense of defamation under Section 499 of the IPC also applies to online statements.
4. Ramkumar v. State of Tamil Nadu: In this case, the accused was found guilty of using a fake identity to stalk and harass a woman online. The court held that the offense of stalking under Section 354D of the IPC includes online stalking and harassment.

Conclusion

In conclusion, the Indian economy and society are significantly impacted by cybercrime. In terms of financial losses, business interruptions, dangers to digital transformation, breaches of privacy and data security, as well as difficulties with law enforcement and justice, it presents considerable hurdles. These effects have wide-ranging repercussions for people, corporations, and society at large. In addition to causing financial losses and identity theft, privacy and data security breaches also erode user confidence in online services, which has an effect on the entire digital ecosystem. Investigation, prosecution, and deterrence of cybercriminal activity are hampered by difficulties in law enforcement and justice, including jurisdictional complications, cybercriminals’ anonymity, and deficiencies in technical expertise.

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Endnotes:

1. State of Tamil Nadu v. Suhas Katti, C No. 4680 of 2004
2. Shreya Singhal v. Union of India, AIR 2015 SC 1523; Writ Petition (Criminal) No. 167 OF 2012
3. Sabu Mathew George vs Union Of India And Ors., (2018) 3 SCC 229
4. Anvar P.V. v. P.K. Basheer, 2014 10 SCC 473
5. Sharat Babu Digumarti v. Govt. of NCT of Delhi, 2016 SCC OnLine SC 1464

This article is authored by Dibyojit Mukherjee, a student at the Institute of Law, Nirma University.

Maharshi University of Information Technology, NOIDA, U.P. and National Labour Law Association, New Delhi are organising the 3rd Maharishi Mahesh Yogi International Conference On Comparative Labour Laws in South-Asia: Labour and Management Perspective on 28th and 29th August 2023.

About the Conference

The year 2020 was a defining period for countries, particularly, in South Asia.  The COVID-19 pandemic caused not only a large number of deaths and displacements but also hastened the process towards digital-centred business models.  The rapid growth of the platform economy, MSMEs, and consumers’ preference for online shopping, etc. have created conditions that are entirely different from the conditions for which the prevailing labour laws were enacted. Additionally, the havoc caused by turbulence, both natural (such as flood and drought) and manmade (such as political, trade and religious) have collectively caused humanitarian crises.  These developments are having a detrimental effect on the workers, their employability, and their rights at work.  In this background, it is imperative for the national governments in the sub-region to understand the ongoing trends in the world of work, examine the working of the social dialogue institutions, and amend the existing labour/employment laws so that the same are in tune with the ongoing changes.

Themes of the Conference

1. Social Security in South Asia
2. Current Crisis in Labour Law
3. Labour Law Reforms: Issues & Challenges
4. Enforcement of Labour Rights
5.  International Labour Standards in South Asia
6. Employment of Women
7. Job Security in South Asia
8.  Collective Bargaining in South Asia
9. Trade Unions in South Asia
10. Minimum Standards of Employment in South Asia
11.  Occupational Safety and Health in South Asia
12. Legal Protection of unorganized workers
13. Migrant Labour in South Asia
14. Impact of COVID on Labour and Labour Law
15. Resolution of Industrial Disputes
16. Right to form Union and go on Strike
17. Management of Contract Labor and Outsourcing
18. Ease of doing business and Labour Law
19. Sustainability and Labour Law
20. Workers’ Participation in Management
21. Corporate Social Responsibility and its utilization in social security fun for unorganized workers
22. Labour Law Compliances for Start-ups
23. Human Rights and Businesses
24. Legal aspects drive Work-Life Balance of Employees
25. Stakeholders legal protection during Bankruptcy and Insolvency
26. IPR and Product & Process Layout
27. Challenges and Opportunities of Involvement of AI in Business
28. Management Aspects of Indian Ethos
29. Legal Aspects of Managing the Tourism Industry
30. Legal protections to Service Industry
31. Any topic (Multi-disciplinary or inter-disciplinary) related to theme can also be accommodated

Conference Venue

Sector 110, Noida, PO- Maharishi Nagar, Distt. Gautam Budh Nagar, Uttar Pradesh 201304, India

Phone: +91 11 66763870
Website: https://muitnoida.edu.in/

Mode

Hybrid Mode

Guidelines for Conference Papers

The Authors should apply research skills and appropriate research methodology. The research paper should be thematic and desired to be linked to the sub-themes. The length of the abstract should not be more than 500 words. It must be typed in Times New Roman, Font Size 12 on A4 size paper, and margin on all sides with 1.5 line spacing using MS Word application. The Citation Pattern should be as per the Blue-book pattern or APA style.

Footnotes should follow the SILC standard of footnoting. Endnotes are not allowed. At the end of the paper, there should be a brief profile of the author with an E-mail ID, contact number, and address.

The plagiarism of research papers should be less than 20%. The plagiarism will be checked by Editorial Committee.

Registration Fees

For Offline Mode:

Academician/Advocate/Industry Expert:

• Single Author: ₹ 1000 INR
• With Co-Author: ₹1200 INR

Research Scholar/Student

• Single Author: ₹ 700 INR
• With Co-author: ₹ 1000/- INR

For Online Mode:

• Single Author: ₹ 1200
• Co-Author: ₹ 1400

Perks

• Best Research Paper Award (Certificate + Memento)
• A participation/ Presentation Certificate will be provided.
• Selected papers will be published in UGC CARE JOURNAL/ ISBN/Maharishi Journal of Law and Society. (Publication charges for UGC/ISBN shall be borne by participants only.)

Accommodation

The accommodation can be provided to the Participants only on first-cum-first serve basis. The room will be on twin shared basis. The participant has to inform twenty days in advance and is required to pay the accommodation charges as per the university norms. Once registered for accommodation the refund cannot be claimed. No TA & DA shall be provided to the participants.

Send Your Paper to: mlsmuitconference@gmail.com

Upload your abstract and payment receipt: https://forms.gle/Kw3Ru4judSyWyirn8

UPI Link

• Registration Link: https://payment.monteage.in/ICRegistration
• Sponsorship Link: https://payment.monteage.in/Sponsorship

Important Deadlines

• Abstract submission- 30^th July 2023
• Registration – 30^th July 2023
• Full paper submission- 10^th August 2023

If any query participant may contact mlsmuitconference@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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Alliance School of Law takes immense pleasure in inviting you to the “International Conference on Law and Social Transformation- (ICLS)2023” to be held on September 09th, 2023. Participants can present a research paper on any of the areas related to Law and Social Transformation. Alliance School of Law, is providing a forum for the discussion of well-researched papers through the International Conference on Law and Social Transformation-ICLS-2023. All the selected papers will be published in an edited book form (Lex-Et-Mutatio) with ISBN.

Main Theme

Law and Social Transformation

Participants can present a research paper on any of the following areas related to Law and Social Transformation:

• Artificial Intelligence, Ethics, and Social Transformation
• Arbitration and Conflict Resolution
• Banking and Digital Inclusions
• Challenges in Legal Education
• Changing Dynamics of the International Legal Order
• Children and Law
• Corporate Governance and Emerging Issues
• Criminal Justice and Human Rights
• Democracy and Judicial Activism
• Environment and Sustainable Development
• Gender Justice
• IP Rights in the Changing World
• Social Justice and Constitution

Mode

National Participants- Offline (Alliance University, Central Campus, Bengaluru)
International Participants-Online (zoom)

Who can Submit it?

Faculty members, Judicial officers, Advocates, Research Scholars, and Students, among others, are invited to submit quality research articles from the given areas.

Important Dates

Last Date for sending the abstract	10/07/2023
Communication of accepted abstracts	12/07/2023
Last date to register	08/08/2023
Last date for sending the full paper	10/08/2023

Links

Registration Link (External) https://docs.google.com/forms/d/e/1FAIpQLSdEycoerAC6jtFeqMyiC1KRkuup2nGn5TP0C-OD-xTbBbfYLQ/viewform

Payment Link
https://www.alliance.edu.in/icls2023/pay/

Contact Details

Dr. Rashmi K. S.: +91 94483 55047
Dr. Upankar Chutia: +91 97171 32331
Maruthi R.: +91 74111 66801
Mail at: icls@alliance.edu.in

Further Details: https://www.alliance.edu.in/icls2023/

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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S.no	Contents
1.	Introduction
2.	Article 15 of the Indian Constitution
3.	Significance and Challenges of Article 29 in the Indian Constitution
4.	Realm of Educational Autonomy under Article 30
5.	Diverse Perspectives and Common Goals of Articles 15, 29, and 30 in the Indian Constitution
6.	Intersectional Application of Minority Rights in Indian Education
7.	Conclusion

Introduction

The Indian Constitution, adopted in 1950, is a forward-thinking framework that upholds all citizens’ social, political, and economic justice and fundamental rights. The Indian Constitution’s drafters understood how crucial it was to protect individual and community rights, particularly in a nation as varied as India. The Constituent Assembly undertook the enormous task of crafting the Indian Constitution. The Constitution’s drafting committee’s chairman, Dr B.R. Ambedkar, was instrumental in its creation. The French Revolution’s tenets of liberty, equality, and fraternity, the U.S. Constitution’s Bill of Rights, and the experiences of other nations with the constitutional government were among the many inspirations the framers drew from. To address particular issues of non-discrimination, minority rights, and educational autonomy, respectively, Articles 15, 29, and 30 were added to the Constitution.

These items are essential for advancing diversity, safeguarding cultural variety, and maintaining educational autonomy in Indian society. The Constitution’s Articles 15, 29, and 30 were added to address marginalised people’s difficulties, promote inclusivity, safeguard minority rights, and advance educational autonomy. Article 15 forbids discrimination on several grounds, including race, caste, sex, place of birth, and religion. It seeks to establish a society where everyone is treated equally and to do away with prejudice in public places. The right of minorities to maintain their unique language, script, or culture is protected by Article 29. It guarantees that minority populations can use and promote their languages and cultures and acknowledges the value of cultural preservation. Religious and linguistic minorities are free to create and run the educational institutions of their choice, thanks to Article 30. It supports the independence of minority institutions and enables them to maintain their cultural and academic identities. These provisions provide equal opportunities, defend the rights of minorities, and support educational autonomy, all of which are essential for maintaining a pluralistic and diverse society.

Article 15 of the Indian Constitution: A Pathway to Equality and Inclusion

A crucial clause that guarantees the right to equality is Article 15^[1] of the Indian Constitution. It encourages equality among all citizens and forbids discrimination on several grounds. The Constitution’s dedication to establishing a society devoid of discrimination and guaranteeing equal opportunity for all is reflected in Article 15.

While Article 15 mainly forbids discrimination, some safeguards, legal interpretations, and limitations are related to its application. These consist of the following:

• Exceptions: Articles 15(3) and 15(4) allow for exceptions when providing particular provisions for women, children, and economically and socially disadvantaged groups.
• Protections: Article 15.5 guarantees that the State may only make reservations in privately funded educational institutions.
• Legal interpretations: In maintaining the spirit of Article 15 and acknowledging the intersectionality of prejudice, the Supreme Court of India has read it broadly. Over time, the understanding has changed to address different types of prejudice and advance absolute equality.
• State of Kerala v. Kesavananda Bharati^[2]: The fundamental structure concept, which ensures that the fundamental rights, including Article 15, cannot be altered in a way that eliminates the fundamental elements of the Constitution, was established by this seminal decision.
• Indra Sawhney v. Union of India^[3]: In this judgement, the Supreme Court defended reservations as a legitimate strategy for addressing social and academic backwardness. Additionally, it was made clear that reservations should be made at most 50% unless there are exceptional circumstances.
• Vishaka v. State of Rajasthan^[4]: In this case, the Supreme Court recognised sexual harassment as a type of discrimination prohibited by Article 15 and offered recommendations for how to deal with it.

Article 15 has considerably influenced advancing social justice and eradicating discrimination in Indian society, as have its court declarations. Affirmative action programmes have been made easier to implement, discriminatory practices have been exposed, and understanding of the value of equality and inclusivity has increased.

Preserving Diversity: Unveiling the Significance and Challenges of Article 29 in the Indian Constitution

The Indian Constitution’s Article 29^[5] is a crucial clause that protects minorities’ rights. It acknowledges the value of maintaining minority communities’ unique languages, scripts, and cultures. In India, Article 29 significantly contributes to advancing diversity, inclusiveness, and defending minority rights. The preservation of language, script, and culture is one of the central tenets of Article 29. In a heterogeneous country like India, it acknowledges the importance of linguistic and cultural variety. The right to preserve and advance their language, writing, and culture is guaranteed under this clause, which adds to the rich fabric of Indian diversity. In contemporary India, where minority populations struggle to maintain their identities, Article 29 is still very relevant. But several obstacles prevent the practical realisation of minority rights:

• A threat to minority communities’ distinctive language, script, and culture is often posed by pressure to adapt to mainstream culture.
• Language and Educational Rights: It can be difficult to guarantee adequate educational opportunities in minority languages and to defend minorities’ rights to create and run educational institutions.
• Identity Politics: At times, implementing Article 29 in a way that respects the rights of all parties might be complex due to identity politics and the competing interests of various minority groups.
• Maintaining a balance with other constitutional provisions.

Empowering Minority Education: Exploring the Realm of Educational Autonomy under Article 30

The term “educational autonomy” describes the capacity of educational institutions to make decisions about their administration, admissions, curriculum, and other areas without excessive influence from outside parties^[6]. As it enables individuals to customise the educational experience in accordance with their cultural, religious, and linguistic values, Article 30^[7] recognises the importance of academic autonomy for minority communities. The distinctive character and values of minority populations are promoted and preserved in large part thanks to minority educational institutions. In addition to providing educational opportunities, these institutions also support the minority community’s cultural, religious, and linguistic legacy. They foster a climate in which minority students can pursue their education while yet feeling rooted in their communities. Numerous legal rulings and challenges have been made about the meaning of Article 30. Among the crucial elements are the following:

• Minority Status: How minorities are classified has been subject to discussion and legal scrutiny. The courts have emphasised that determining a group’s status as a minority considers factors like language, religion, culture, and numerical composition.
• Reservation rules: There has been debate over the scope of minority institutions’ ability to enact reservation rules. Although there is a dispute over whether reservation regulations should apply to minority colleges, they do have the right to admit students from their specific communities.
• Governmental Intervention: Balancing institutional autonomy and governmental regulation has been challenging.

Unity in Diversity: Exploring the Diverse Perspectives and Common Goals of Articles 15, 29, and 30 in the Indian Constitution

Despite having similar goals, Articles 15, 29, and 30 have several significant discrepancies and reflect various viewpoints:

• Area of Applicability: While Article 29 mainly safeguards the rights of minority communities, Article 15 applies to all citizens and forbids discrimination on several grounds. The rights of linguistic and religious minorities to create and run educational institutions are the only subject of Article 30.
• Individual Rights vs. Collective Rights: Article 15 mainly safeguards citizens’ individual rights by prohibiting discrimination on a personal basis. The collective rights of minority communities are emphasised in Article 29, in contrast, to protecting their cultural and linguistic identity. Article 30 balances individual and social rights by allowing minority institutions educational autonomy.
• Balancing State Regulation: While Articles 29 and 30 acknowledge the State’s responsibility in regulating educational institutions to guarantee standards and quality, Article 15 imposes obligations on the State to prohibit discrimination in contrast to Article 29, Article 30 grants minority institutions greater authority.

In actuality, Articles 15, 29, and 30 are linked to one another and support social fairness, cultural variety, and freedom of education. They establish a compelling foundation for defending the civil rights of marginalised groups and guaranteeing inclusion in society:

• Intersectionality: Articles 29 and 30 are pertinent in addressing intersecting forms of discrimination because discrimination based on the grounds listed in Article 15 can also affect the cultural and educational rights of minority communities.
• Affirmative action: Under Articles 15(4)^[8] and 15(5)^[9], the State can create special accommodations and reservations for Scheduled Castes/Tribes and socially and educationally disadvantaged sections. Articles 29 and 30 recognise that affirmative action is necessary by recognising minority communities’ rights to create educational institutions and maintain their cultural identity.
• Educational Inclusivity: Article 15 encourages inclusivity by prohibiting discrimination in schools, and Articles 29 and 30 go even further by guaranteeing minority communities have the right to establish their educational institutions, giving them a sense of belonging and equal educational opportunities.

Guardians of Autonomy: Intersectional Application of Minority Rights in Indian Education

A case involving the interpretation of Article 30 and the autonomy of minority educational institutions was T.M.A. Pai Foundation v. State of Karnataka^[10]. While admitting the necessity for regulations to maintain standards, the Supreme Court found that minority colleges can accept students of their choosing and set their admission requirements. In the case of Ashok Kumar Thakur v. Union of India^[11], the Supreme Court discussed the question of reservations in for-profit educational institutions. It was decided that minority institutions are immune from having admission reservations because doing so would violate their Article 30 rights.

Examples of Intersectional Application in the Real World-

• Rights of Linguistic Minorities: To protect their language and culture, linguistic minorities have successfully created and run educational institutions in many Indian states, including Tamil Nadu and West Bengal. These organisations are crucial in promoting linguistic variety and offering education in regional languages.
• Gender and Minority Rights: When discussing the rights of minority women, intersectionality is essential. As an illustration, Muslim women in India have struggled for their rights to employment and education while also promoting gender equality and defending their own religious and cultural identities.
• A legal challenge was made against St. Stephen’s College’s admissions policy. St. Stephen’s College is a minority institution in Delhi. Some people claimed the college’s decision to implement a subjective interview procedure was discriminatory. In this scenario, it was essential to balance the institution’s autonomy and the values of equality and non-discrimination.
• Reservation Policies and Minority Institutions: There has been discussion surrounding the issue of reservation policies in minority educational institutions. There have been situations where reservation practises conflict with the rights of minority institutions, making it difficult to strike a balance between the constitutional principle of reservations for historically marginalised communities and their autonomy.

Towards a Just Society: Assessing the Implementation Challenges and Future of Articles 15, 29, and 30 in India

Articles 15, 29, and 30 must be continually assessed for their success in advancing social justice, cultural diversity, and educational autonomy. Although these rules have made a substantial contribution to protecting the rights of minority communities, difficulties with their implementation still exist. Among the principal challenges are:

• Lack of Knowledge: It’s possible that many people, especially those from marginalised areas, need to be made aware of the rights guaranteed by these articles. It is essential to increase awareness through outreach and education initiatives.
• Inadequate execution Mechanisms: To address instances of discrimination and infringement, the effective execution of these rules requires robust mechanisms, such as monitoring bodies and grievance redressal systems.
• Balancing Conflicting Rights: Careful thought and court intervention are necessary to strike a balance between the rights of minority communities and other constitutional provisions, such as reservations and affirmative action.

Recommendations for Policy-

• Strengthening Implementation methods: Creating comprehensive policies and procedures, such as awareness-raising campaigns, oversight committees, and grievance redressal systems, to improve the implementation of Articles 15, 29, and 30.
• Intersectionality and Multiple Identities: More research is required to understand how different identities intersect and what that means for how well these articles’ rights are protected.
• Comparative Analysis: Comparative studies of minority rights and educational autonomy practise in various nations might offer insightful information for policy creation.
• Balancing Conflicting Rights: To ensure equity and fairness, research is required to look at the delicate balance between the rights of minority communities and other constitutional provisions, such as reservations and affirmative action.

Conclusion

In conclusion, the Indian Constitution’s Articles 15, 29, and 30 significantly advance inclusivity, equality, cultural preservation, and autonomy in education. Collectively, these provisions support social fairness, cultural diversity, and universal access to education for all societal groups. Non-discrimination is guaranteed by Article 15, and minority communities’ rights to maintain their cultural and linguistic identities are safeguarded by Article 29. Article 30 promotes educational autonomy by granting linguistic and religious minorities the right to form and run educational institutions. Although these articles share some similarities and goals, they also reflect divergent viewpoints and cover various areas of minority rights. It is critical to address implementation issues, reinforce anti-discrimination laws, resolve ambiguities through judicial interventions, and evaluate reservation procedures to increase the effectiveness of these measures. Promoting inclusive education, bolstering cultural preservation efforts, and encouraging inter-community discussion is necessary to advance social justice and equality in a varied society. Strengthening implementation mechanisms, investigating inter-sectionality and different identities, performing comparison analyses, balancing conflicting rights, and performing impact analyses are some ideas for policy. India may make significant strides towards building a more inclusive, equitable, and culturally varied society by implementing these suggestions and undertaking additional studies.

---

Endnotes:

1. Constitution of India,1950, art.15
2. AIR 1973 SC 1461
3. AIR 1993 SC 477
4. AIR 1997 SC 3011
5. Constitution of India,1950, art.29
6. https://unesdoc.unesco.org/
7. Constitution of India,1950, art. 30
8. Constitution of India,1950, art.15(4)
9. Constitution of India,1950, art.15(5)
10. (2002) 8 SCC 481
11. 1972 (1) SCC 660

This article is written by Sreejeeta Das, a law student at Symbiosis Law School, Hyderabad.

In a recent development, Advocate Rahul Tiwari has unveiled the arbitrary eligibility criteria set by two prominent law colleges in Uttar Pradesh for faculty positions. The job advertisements explicitly stated that only candidates possessing a “2-year LLM” degree would be considered eligible for teaching roles. Advocate Rahul Tiwari, being deeply concerned about this issue, filed a Right to Information (RTI) request to investigate further. The aim was to gain clarity on the Bar Council of India (BCI) Rules of Legal Education, particularly the provision that deems one-year LLM degree holders ineligible for teaching positions.

According to the response received through the RTI request, the law colleges’ eligibility criteria contradicted the existing rules established by the BCI. Rule 20 of Schedule 3, Part 4, of the Rules of Legal Education specifies that individuals holding a degree from a college recognized by the University Grants Commission or similar standard-setting bodies are eligible for teaching positions. The BCI’s 2016 notification, which rendered one-year LLM degree holders ineligible for teaching posts, is currently ineffective and not applicable.

Advocate Rahul Tiwari’s efforts through the RTI request have shed light on the flawed implementation of the eligibility criteria and its inconsistency with the BCI rules. This revelation serves as a reminder to educational institutions and governing bodies to ensure compliance with established regulations and refrain from imposing arbitrary requirements.

The BCI plays a crucial role in maintaining the standards of legal education across India. By clarifying the eligibility criteria for teaching positions, the BCI contributes to the overall quality of legal education and the professional development of law graduates. It is imperative for law colleges and universities to align their recruitment processes with the rules and regulations outlined by the BCI, guaranteeing a fair and transparent selection process.

This RTI revelation may have far-reaching implications, not only for the two law colleges in Uttar Pradesh but also for other educational institutions that may have similar eligibility criteria in place. It is expected that these colleges will review and amend their recruitment policies accordingly, ensuring that candidates with the appropriate qualifications are provided equal opportunities to pursue teaching careers.

Advocate Rahul Tiwari’s RTI filing sets a commendable example of an individual’s commitment to upholding the integrity and fairness of the educational system. Such actions contribute to the continuous improvement of legal education in India and support the pursuit of excellence in the legal profession.

Disclaimer: The information presented in this news article is based on the RTI response received by Advocate Rahul Tiwari. The views and opinions expressed in this article do not necessarily reflect the official policies or positions of the law colleges, BCI, Lexpeeps or any other relevant authorities.

Editor’s Desk:
Jayseeka Virdi ( News Stories Editor ) and Madhur Rathaur 

-Report by Himanshu Sahu

FACTS

Vinod Kumar, the deceased, embarked on a train journey on June 12, 2017, from Shahdara to Faridabad aboard a local train. Tragically, while the train was travelling between Faridabad and Tughlaqabad Station, specifically at KM 1514/13-11 JNC Yard, the deceased fell from the train due to a sudden jerk and the push of fellow passengers. Regrettably, he lost his life on the spot. Additionally, the journey ticket and the deceased’s belongings, including his bag, were also lost during the incident. Subsequently, the claimant filed a case in the tribunal seeking compensation, but the judge did not favour the claimant. As a result, an appeal has been made to the court for further consideration and potential compensation.

APPELLANT\’S CONTENTION

The counsel representing the appellants argued that the Tribunal failed to properly consider important factors, such as the contents of the final report by the Station House Officer (SHO) and the statements of witnesses. The SHO\’s report, along with the testimonies of witnesses, indicated that the death occurred due to a fall from the moving train. The appellants\’ counsel also emphasized that the mere absence of the journey ticket should not automatically lead to the dismissal of the compensation claim.
Furthermore, the testimony of a witness named Ramkeshwar Ram supported the appellants\’ case. Ramkeshwar Ram stated that the deceased had visited his brother-in-law before the incident and was carrying a bag of clothes. He had purchased a ticket for the deceased, who boarded the local train for Faridabad. This additional evidence strengthened the appellants\’ position in their pursuit of compensation.

RESPONDENT\’S CONTENTION

The counsel for the respondent, on the other hand, defended the judgment and requested the dismissal of the appeal or support the decision of the tribunal.

JUDGMENT

The court reviewed whether the incident could be categorized as an \”untoward incident\” according to Section 123(c) of the Railways Act, 1989. As the deceased\’s body was discovered on the railway track during the train journey, the court determined that it did meet the criteria for an untoward incident. The court consider the final report provided by the Station House Officer (SHO). Consequently, the court recognized the deceased as a legitimate passenger and the incident as an untoward incident. As a result, the appeal was granted, and the previous order was overturned. The case is now referred back to the Tribunal to determine the compensation amount in accordance with the law. The matter will be scheduled for the earliest available date on 10.07.2023. The compensation amount should be paid to the appellants/claimants within two weeks following the decision.

CASE NAME: SITA DEVI AND OTHERS Vs. UNION OF INDIA

-Report by Himanshu Sahu

FACTS

The incident involved a collision between two trucks on the road from Manesar to Delhi. One truck suddenly stopped due to a mechanical failure, causing the victim\’s truck to collide with it. Subsequently, another truck approached at high speed from the IFFCO Chowk side and rear-ended the victim\’s truck. As a result, one person named Pitesh/Hitesh was killed, and another person named Rajeev Kumar was injured and taken to the hospital. and the deceased\’s representative filed suit in the tribunal then finally appeal reached Delhi high court.

APPELLANT\’S CONTENTION

The appellants\’ counsel argues that the tribunal made an error by categorising the deceased as an unskilled person when determining compensation, as the deceased had completed 10th grade. They further contend that the deceased was the only son and the appellants were dependent on him. The counsel requests an increase in the awarded amount. Additionally, the injured appellant\’s counsel asserts that the tribunal wrongly classified the appellant as unskilled and considered his income as RS.8554 p/m By classifying him as unskilled but in actuality, his income is RS.14,000 p/m Plus RS.4,000 for food and other expenses. They emphasize the appellant\’s education and experience as a driver, along with the 80% permanent disability suffered. The council argues for higher compensation, considering the appellant\’s age and family responsibilities.

RESPONDENT\’S CONTENTION

Tribunal has rightly passed the Award and there is no error in granting the compensation, however, the learned Tribunal has granted the compensation on the higher side by proving the sum of Rs. 5, 90,000.it is submitted appellant fail to show any document which shows the deceased was class 10th passed or a skilled person. mere school leaving certificate may not consider proof. appellant also failed to show any proof of the monthly income of the deceased. The tribunal by considering him unskilled has decided his monthly income based on the minimum wages of unskilled as indicative of his income.

JUDGMENT

After considering all the circumstances, this Court concludes that the compensation awarded by the Tribunal is fair and appropriate, following the principles set by the Supreme Court in previous judgments. Therefore, there are no issues with the Tribunal\’s award, and the appeal is dismissed, upholding the Tribunal\’s decision.

CASE NAME: HARIPAL AND ORS. V. HDFC ERGO GENERAL INSURANCE CO LTD & ORS

–Report by Himanshu Sahu

FACTS

A complaint was made on 03.09.2020 by the mother of a 24-year-old woman who went to HDFC Bank in Noida but did not return home. She suspected her daughter had been kidnapped. The father later reported that the kidnapper demanded a ransom of Rs. 40 lacs and threatened to kill the daughter.

The victim was found on 04.09.2020, and two individuals, Simpal Srivastav and her boyfriend Shah Alam, were arrested. The petitioner, Simpal Srivastav, has applied for regular bail after being in custody for three years.

PETITIONER’S CONTENTION

The petitioner\’s counsel argues that the petitioner, a young woman of around 23 years with a clean record, has been in custody for three years and should be granted bail. They reference the proviso to Section 437(1)(i) of the CrPC, stating that the provision barring bail for offenses punishable with death or life imprisonment is exempted for women undertrials. Additionally, they point out that the FIR was registered several hours after the alleged ransom messages and calls were received, raising doubts about the prosecution\’s version of events.

RESPONDENT’S CONTENTION

Per contra, the learned APP submits that the petitioner has committed a serious offence by kidnapping the victim for ransom, which is punishable with life imprisonment. He, therefore, urges that the petitioner is not entitled to grant of bail and the application ought to be dismissed. The court acknowledges that the seriousness of an offense alone is not sufficient grounds for denying bail to an undertrial. Bail can only be denied if there is a possibility of the accused absconding, tampering with evidence, or threatening witnesses. The jurisdiction of the Magistrate in granting bail is regulated by the punishment prescribed for the offenCS, while the High Court and Court of Session have broader powers. In this case, the petitioner, a young woman, has been in custody for almost three years, and there is no need for further recovery or prolonged imprisonment. The trial is expected to be lengthy, but the purpose of imprisonment should not be to merely teach the accused a lesson. The petitioner is not a habitual offender and is entitled to the benefit of the first proviso to Section 437(1) of the CrPC.

JUDGMENT

The court, without delving into the merits of the case, concludes that the petitioner has presented sufficient grounds for granting bail. Therefore, the petition is allowed, and the petitioner is granted bail upon furnishing a personal bond of Rs. 20,000/- and one surety bond of the same amount, subject to the satisfaction of the Trial Court or the concerned Magistrate.

CASE NAME: SIMPAL SRIVASTAV Vs. STATE