Author: LEXPEEPS editor

-Report by Anjana C

It has been held by the Hon’ble High Court of Judicature at Madras in the case of V. Sounthar v. The District Collector & Anr. that the petitioners must be allowed to conduct the Rekla Race for the celebrations of the 75th Independence Day of India. 

Facts

A writ petition under Article 226 of the Indian Constitution had been filed for the issuance of a Writ of Mandamus to direct the respondents to consider their representation for organizing a Rekla race and grant permission and protection for the same. The race was to be held on 14th August 2022 from 9:00 a.m. to 12:00 p.m., between Bhavani and Appukodal Road as a part of the Independence Day celebration and Aadi Temple Festival of Bhavani Town in Erode
District. 

The petitioner is a resident of Bhavani town and wished to conduct a Rekla race given the 75th Independence Day of India and the Aadi Festival. To obtain permission to host the same, the respondents were approached. The invitation was kept pending by the respondents along with a representation that was sent across. Due to this and the fast approaching Independence Day, the petitioners decided to move the matter to Court.

Petitioner’s Contentions 

The Counsel for the petitioner stated that Indians are “entitled to hold functions,” and the applications moved have not been considered, further saying permission may be granted with any conditions that must be complied with. He stated that in the affidavit supporting the writ petition, assurance was provided on behalf of the Festival Committee that there would be no unlawful activities such as gambling at the event. 

Another submission made was that the event would not cause any traffic jams on 14th August 2022 between Bhavani and Appukodal Road as schools and colleges would be closed considering the weekly Sunday off. The Festival Committee had also made arrangements for emergency health check-ups of men and animals prior to their admission for the race. Considering the above, they pleaded permission to conduct the Rekla Race on 14th August 2022 from 9:00 a.m. to 12:00 p.m. from Bhavani to Appukodal Road. 

Respondent’s Contentions

The Special Government Pleader objected to granting the relief sought by the petitioner. It was stated that a request of remarkable resemblance was already granted for a Rekla race on 31st July 2022 to celebrate the Aadi Festival making this a repeated plea of sorts. Since this race is often characterized by the intoxication of bulls and unlawful activities such as gambling, no permission is granted considering the greater public interest. It was stated, however, that if a direction to consider the petitioner’s application dated 5th August 2022 is given, it will be considered, and appropriate orders will be passed. 

Judgment

Independence Day is often celebrated with various cultural activities, and this race was one such activity that has been a part of Indian traditions since time immemorial.  The youth in urban and rural India arrange games such as Kapadi, Silabam, etc., to mark independence and to “remember the supreme sacrifices made by the people to get free from the foreign ruling.” Hence, the assumption of intoxication in the race was considered frivolous. 

The Court stated that refusing the petitioner’s prayer would imply that citizens are being denied the right to celebrate the country’s Independence, which cannot be allowed. Merit was found in the Counsel for petitioner’s submissions for granting of relief. The arrangement made so as to not cause traffic jams, and emergency health check-ups were also noted by the Court. The assurance by way of the affidavit filed in support of the petition stating that no illegal activities would be engaged in was also a factor that moved the Court to take the following decision.
It was observed:

“When the petitioner came forward to conduct the rekla race as part of the 75th Year Independence Day, we are afraid that refusing their prayer would send a message that Indians are refused to celebrate even the Independence Day. Therefore, any cultural programme organised has to be viewed on par with competition being organized by schools and colleges and other organisations.”

Although the petitioners were granted permission to conduct the race, they were expected to abide by some rules.
a. If these rules are violated, the concerned Police Officer will have the license to take necessary legal action and stop the race. 
b. The race will be held on 14.08.2022 from Bhavani and Appukodal Road from 9:00 a.m to 12:00 p.m. 
c. There will be no intoxication of the bulls. 
d. The 3rd respondent is directed to issue any necessary permission containing the aforementioned conditions.

Corporate Personality

A Corporate Personality also known as an ‘Artificial Juristic Person’ or simply as a legal entity, is an entity, body, or a group of members recognized by law to confer it with rights, duties, and obligations for its proper governance. It is a separate legal entity from its members, i.e., the entity conferred with such legal personality is not liable for the actions of its members, due to the veil of ‘Separate Legal Entity.’ The veil of ‘Separate Legal Entity’ is the separation of the members from the entity. It protects the entity from the actions of the members and vice versa, but when the members of the firm engage in illegal activities like fraud or other illegal activities, the veil is lifted thereby making each member liable for the actions of the other.

A corporation can be identified by comparison to many categories of objects that the law has chosen to personify. Members of a corporation are the people who make up its body. According to Section 34 of the Companies Act, 2013, certain conditions must be met for corporations to have legal personality –

• There should be the existence of a group or body of people united for a certain objective.
• The corporation must have organs through which it operates.

It has its own legal personality and can file and receive lawsuits in its own name. It is perpetual because it does not cease with the passing of any of its individual members. Contrary to natural beings, corporations can only act through their agents. The law specifies the steps to wind up a corporate organization.

Corporate Personality or the corporate veil came from the landmark case of Salomon v. Salomon & Co. Ltd., in 1897, in the United Kingdom’s House of Lords. Salomon transferred his boot-making company, which he had previously managed in single ownership and control, to Salomon & Co. Ltd., a company he and his family founded. Salomon received shares and debentures with a floating charge on the company’s assets as payment for the transfer. Salomon’s claim of recovery against the debentures stood before the claims of unsecured creditors when the company’s operations failed and it entered liquidation, i.e., they would have received nothing from the proceeds of the liquidation. The Court of Appeal declared the corporation to be false or fake and gave their justification by arguing that Salomon had formed it outside the actual intent of the Companies Act, 1862 and that it had operated as Salomon’s agent, who should be liable for any debt incurred because of that agency.

The House of Lords, on appeal, overturned the decision, concluding that the company was properly incorporated and that it has independent legal status, with its own rights and obligations, and that “the motivations of those who participated in the company’s promotion are completely immaterial in addressing what those obligations and rights are.” The Salomon case effectively established the legal fiction of the “corporate veil” between the corporation and its owners/controllers.

The legal fiction of the corporate veil asserts that a corporation has a separate legal identity that is distinct and independent from the identities of its stockholders. As a result, any rights, responsibilities, or liabilities of a corporation are distinct from that of its members, who have “limited liability” and are only accountable for their share of capital. This corporate deception was created to allow groups of people to achieve an economic goal collectively without being personally liable or exposed to hazards. As a result, a business can act independently of its members to hold property, enter contracts, raise loans, make investments, and undertake other rights and obligations. Additionally, it simplifies the legal process because businesses then can sue and be sued in their own names.

Lifting the Corporate Veil

According to the Companies Act of 2013, lifting the corporate veil entails disregarding the fact that a corporation is a distinct legal entity with a corporate personality. Lifting the corporate veil in accordance with the Companies Act of 2013 disregards the distinct identity of the firm and focuses instead on the real members that oversee it. The entire concept of incorporation is built on the concept of a corporate entity, but the company’s distinct personality and legal privileges should only be used for lawful purposes. Individuals will not be permitted to hide below under the umbrella of a separate legal entity or corporate personality when the legal entity of the corporation is being utilized for fraudulent and deceptive purposes. In certain situations, the courts will pierce the corporate veil and use the “lifting or piercing the corporate veil” principle. The court will therefore investigate the corporate entity’s background.

In India, the Corporate Personality came in through the British common law system, when the colonial government introduced common law in India. Since then, many developments have taken place with respect to corporate personality. Through Sections 45, 147, 212, 247, and 542 of the Companies Act, 2013, official recognition has been conferred upon the concept of “lifting the corporate veil”. When the court does not take the corporation into account and instead is preoccupied with the members or management, the corporate veil is said to be lifted. In the following circumstances, the courts have deemed it necessary to overlook a company’s independent personality-

1. Determination of a company’s true nature– In a time of emergency or war, it could be vital to look behind a company’s corporate façade to see if it is an enemy of the state. In such a situation, the courts can review the personalities of those who govern the company’s corporate affairs. In the case of Daimler Co. Ltd. v. Continental Tyre & Rubber Co., a firm was founded in England with the intention of selling tyres made in Germany by a German company; all the company’s shares, except for one, were held by Germans in Germany. A British citizen who served as the company’s secretary held the remaining share. Germans, therefore, held actual control over the English corporation. The business started legal proceedings to reclaim trade debts during World War I. Therefore, the question was about whether the Firm had turned into an enemy corporation because of World War I. The house of lords held that it can take on an enemy character if the people who are de facto in charge of its affairs reside in either enemy nation or, wherever they may dwell, are functioning as agents of foes. It was decided that the corporation was such an enemy firm for trading purposes and therefore the action could not be continued.
2. For Revenue Benefit– As stated in the case of Juggilal Kamlapat v. Commissioner of Income Tax, the court has the authority to disregard a corporate entity if it is utilized for tax evasion or to dodge the tax obligation. The assessee in this case was a wealthy individual who earned sizable dividend and interest income. He established four private firms and agreed that each would act like an agent for a certain amount of investment. The corporation returned the money to him as fictitious loans even though the income received was recorded in the company’s books. The assessee founded the firm solely and simply to avoid paying super-tax, according to the court, and the assessee was the only shareholder.
3. For Fraud or Misconduct– The courts will not uphold the company’s independent existence if it was established to violate the law, cheat creditors, or escape legal duties. The court in the case of P.N.B. Finance Ltd. v. Shital Prasad Jain stated the court, whenever it deems it necessary, may use its powers to use the principle of lifting the corporate veil to prevent a company use the corporate entity of a firm to engage in fraud or when the core values of the corporate personality have been disregarded by the members of a firm.
4. State-owned Firms– Sometimes a firm loses its uniqueness to serve its principal and may be viewed as a trustee or agent. A film called “MANSOON” was made in India by an American business called F.G. Films Ltd. under the guise of a British firm. The president of the U.S.-based firm that provided the funding for the film’s production owned a controlling stake in this British corporation, which had a capital of £100. The Board of Trade declined to register the movie as a British picture under these circumstances on the grounds that the British firm in this instance just served as the trustee or representative of the U.S.-based firm. The Court agreed with this viewpoint. It was noted in the case of Smith Stone & Knight Ltd. v. Birmingham Corporation that courts find it challenging to go beneath a company’s corporate entity to ascertain if it is truly independent or is being utilized as an agent or trustee. If a holding firm and a subsidiary firm are separate legal entities under ordinary law and there is no agency agreement between the two businesses, then neither can be claimed to be the other’s agent. The connection of agency should be sufficiently demonstrated, as it was in the case of the current judgment if one corporation is held accountable as a primary for the actions of another company.
5. Punish criminals in the quasi-criminal case against the firm– The courts can lift the veil of corporate personality in Quasi-criminal cases to punish actual persons who have violated laws, by analyzing the members behind an organization.
6. Preventing the Process of Law abuse– The lifting of the corporate veil doctrine can also be utilized to stop judicial process abuse. Accordingly, the Court stated in the case of Bijay Kumar Agarwal v. Ratanlal Bagaria & Others that although the principle of lifting the corporate veil will be available in statutes like the Companies Act and other financial and taxing statutes, etc., one cannot rule out the appropriateness of the principle elsewhere because the situations are going to fall under the following groups; The following factors must be taken into consideration:

(a) the applicable statutory or some other laws;

(b) the goal that is being pursued;

(c) the contested conduct;

(d) the presence of a public interest aspect; and

(e) the impact on potentially affected parties.

Therefore, it follows logically that concept of lifting the corporate veil or a principle like it cannot be disregarded as a tool of the judiciary in resolving the disagreement between two parties. As a result, no specific act can claim exclusive rights to the concept of “Lifting of Corporate Veil” or a principal equivalent thereto. The judiciary or the Court may use it to stop the misuse of rule of law.

Conclusion

The doctrine or principle of corporate personhood or personality, also called an ‘Artificial Juristic Person’, was created by law to confer certain rights, duties, and obligations upon a group of people who conduct their business. It was done for the good governance of the entities these people were forming. To check for any discrepancies or misuse of the corporate veil, the courts introduced the doctrine of lifting the corporate veil, to check for the actions of the members. The courts can order the corporate veil to be lifted on various decisions including a firm being controlled by foreign enemies. Hence, we can say that the corporate personality is a real personality as the entities or groups who are conferred by these rights can operate their business with safety as well as not be liable for the collective action of other members unless the action taken is illegal or fraudulent. An entity after being conferred a corporate veil shall not be liable for the actions of its members unless such actions taken are illegal, fraud, or others, when the courts order the corporate vein to be lister.

References:

1. Salomon v. Saolomon Co. & Ltd. UKHL, 1 AC, 22.
2. Daimler & Co. v. Continental Tire and Rubber Company, UKHL 845, 2 AC 307.
3. Guggilal Kampatlal v. Commissioner of Income Tax, 1970 AIR 529.
4. P.N.B. Finance Ltd. v. Shital Prasad Jain, 19 (1981) DLT 368.
5. Smith Stone & Knight Ltd. v. Birmingham Corporation,  [1939] 4 All ER 116 (KB).
6.  Bijay Kumar Agarwal v. Ratanlal Bagaria & Others, AIR 1999 Cal 106.

This article is written by Namay Khanna, a 3^rd year BBA LLB (Hons.) student at Symbiosis Law School, Pune.

CASE NUMBER

Criminal Appeal No. 169 of 1957

EQUIVALENT CITATION

1962 AIR 955; 1962 SCR Supl. (2) 769

BENCH

Bhuvaneshwar Prasad Sinha, C.J., A.K. Sarkar, J.R. Madholkar, N. Rajagopala Ayyangar and S.K. Das, J

DECIDED ON

20^th January 1962

RELEVANT ACTS

The Indian Penal Code, 1860; The Indian Constitution of India, 1950

BRIEF FACTS

On 26 May 1953, the appellant, Kedarnath Singh, a member of the Forward Communist Party, delivered a speech in the village Barauni. He used the word ‘dogs’ for the CID officers commenting that they were loitering around and used the term Goondas for the members of the Indian Congress Party. He stated in his speech that the Congress Party was treating its people just like the Britishers. It was further stated by him that the money is being given by the Zamindars and capitalists to the members of the Congress Party and they’re being benefitted while the Kisans and Mazdoors are still suffering in society. He said that the Forward Communist Party believes in the revolution, which will arrive, engulf the capitalists, zamindars, and Congress leaders of India who have made it their business to plunder the nation, and on their ashes, a government of the country’s poor and oppressed citizens will be erected. He also targeted Vinobha Bhave’s land redistribution initiatives.

After the substantial oral evidence, the Trial Magistrate convicted Kedarnath Singh under Section 124A (sedition) and Section 505 (public mischief), of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a year. The convict approached the High Court of Patna and the issue was heard by late Mr. Justice Naqui Imam upheld the lower court’s decision and dismissed the appeal stating that the speech given by the appellant was certainly seditious. The Convict further moved to the Supreme Court of India through the special leave to appeal. The constitutional validity of the ss. 124A and 505 of IPC were questioned before the Division Bench on 5 May 1959, stating that those sections were inconsistent with Article 19 (1) (a) of the Constitution.

After reviewing the case’s judicial history, the Apex court was confronted by two conflicting rulings from the Federal Court in Niharendu Dutt Majumdar v. The King and The Privy Council in King-Emperor v. Sadashiv Narayan Bhalerao. When referring to both decisions, the Supreme Court expressed its belief that if the Federal Court’s decision and interpretation were upheld, the challenged passages would fall under the purview of legal limitations on the freedom of expression’s fundamental rights. However, if the Privy Council’s ruling and interpretations are upheld, the challenged parts could be declared unconstitutional under Article 19(1)(a) read in conjunction with Article 19 (2) of the Constitution.  By doing this, the disputed parts’ scope was constrained and their constitutional validity was confirmed in each of them. As a result, the appeal was denied, and the High Court was given the appeal of another connected matter.

ISSUES

1. Whether ss. 124A and 505 of the Indian Penal Code are ultra vires of Article 19(1)(a) read with Article 19(2) of the Indian Constitution.
2. Whether the intention of the accused is to create disorder, disaffection, or incitement to violence in order to be guilty of the offence of sedition law.

DECISION

The Supreme Court stated that Article 19 (1) (a) is a fundamental right guaranteeing the freedom of free speech and expression with reasonable restrictions under the purview of clause (2) which consists – (a) security of the State, (b) friendly relations with foreign States, (c) public order, (d) decency or morality, etc. The constitutionality of the ss. 124A and 505 of the Indian Penal Code are consistent with the requirements of clause 2 of Article 19 to punish the wrongdoer and protect the state and public order.

Section 124A states as follows, “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government estab­lished by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

The hon’ble court further stated “the Government is established by law and it is the symbol of the state. Any seditious acts or spreading hatred or producing disaffection against the Government would be within the penal statute as the feeling of disloyalty to the Government established by the law or enmity to it imports the idea of tendency to public disorder by the use of the actual violence or incitement to violence.”

The Court stated that it has to invalidate any law that unreasonably restricts the freedom of speech and expression that is at issue in this case because it is the custodian and guarantor of the citizens’ fundamental rights. However, the freedom must be protected from once more being used as a justification for denigrating and criticizing the legalized government in ways that incite violence or have the potential to cause a riot. A citizen is free to criticize or comment on the government or its policies as he sees fit, as long as he does not incite others to act violently against the legally established government or with the intent of causing a commotion. Therefore, it is the Court’s responsibility to draw a distinct line separating the scope of a citizen’s fundamental right guaranteed by Article 19(1)(a) of the Constitution from the legislature’s authority to impose reasonable restrictions on that right in the interest of, among other things, the security of the State and public order.

The court stated that clause (2) of Article 19 saves the Section from the vice of unconstitutionality. It is obvious that each of the elements that make up the s. 505 offense has anything to do with or has a direct impact on public order or state security. As a result, these clauses would not go beyond what could be considered legitimate limitations on the right to freedom of speech and expression. Therefore, the Supreme Court stated that the Criminal Appeal 169 of 1957 has to be dismissed and the Criminal Appeals 124-126 of 1958 would be remanded to the High Court to pass such order as it thinks fit and proper in the light of the interpretation given by them.

CONCLUSION

In a democratic nation like India, where the freedom of speech and expression is given a lot of importance, Section 124A of the Indian Penal Code seems like a hindrance or an obstacle that does not completely let the citizens of the nation exercise their fundamental right. Through the case of  Kedarnath Singh v. State of Bihar, the supreme court has established a clear-cut reason why sedition shouldn’t be seen as an obstacle. In the aforementioned case, where Kedarnath Singh was commenting on the ruling government in a very bad way which would have paved the way to create chaos in the society, the court stated that citizens have a right to pass comments and their views upon the government and its working but it shall not disturb the public order or incitement of violence in the society.

Thus, the outcome of the judgment made it clear that Sedition i.e., 124A is intra vires and it is a reasonable restriction imposed by law. Given the recent circumstances, there are a lot of cases lodged under Section 124A, sedition. The importance given to the maintenance of law and order in the country should also be given to the protection of the freedom of speech and expression of the citizens. There are high chances that the persons in power can use these sections to infringe the fundamental rights of the individuals.

This article is written by K. Mihira Chakravarthy, 2^nd year B.A. L.L.B. student from Damodaram Sanjivayya National Law University (DSNLU).

Introduction

Education in humanities, social sciences, and school is an important tool for making it better or easier for people to live together in a society that is diverse with harmony. School is now one of the few collectives or common arenas where these issues can be taken up. That’s one of the reasons why religious education is still important in school. Religious education in laymen’s terms could be understood as the education concerned with the study of religion and can be defined as providing knowledge and education regarding either specifically one or various religions at the school level. Religious education involves some specific type of teaching that isn’t much linked with the academic world. Religious faith is the sole ideology that religious education takes into consideration. The age group of students in schools is considered to be the age group that plays a crucial role in one’s life because in that age period child’s brain functions to its optimum level. In that age group what a child’s beliefs and principles are built up remains with him/her whole life. Religious education does various important work like encouraging young people to value themselves and the community with which they live. 

How it can be achieved

To work with how to teach and learn religion in school, you need to know something about it in a society that is changing all the time. In today’s world, we are teaching about religion and different world views and to do that, we have to know something about the changes that are happening to religion in society and try to filter that into schools as well. The pupils we meet in school are living in the same society and used to live together with people with different beliefs and religions. That has to be reflected also in the teaching and learning in school. 

A critical analysis (Teaching religion in today’s classroom)

Religious education research is normative in the sense that it is trying to find a solution and suggest ways of working with teaching/learning in school. But it’s also descriptive science- researching how young people and teachers think about religion. Sometimes the teachers say that it’s difficult to get the pupils to open up. In many places there is also a situation where the secular pupils keep on dominating the classroom, sometimes this makes the pupils with religious backgrounds feel less confident coming out with their views. Then you get a discussion in the classroom that is not representing the views of the pupils and also does not represent the views of the people in the society. The plurality in society is not represented in the classroom and there is a challenge for the teacher to deal with this. Many teachers in religion don’t have sufficient subject area knowledge to enter these discussions. The pupils know more than the teachers. Another difficulty is that teachers sometimes are a bit insecure about the tensions among the pupils and therefore are reluctant to enter the discussions.

Many times, discussion suffers from that. But many teachers on the other hand are also interested in developing their teaching into a better environment in the classroom. In the world, there are various nations like Great Britain and Scotland where religious education is mandatory. 

The Judiciary and Religion in Educational Institution vis-á-vis Hijab Ban

Government restricted the Hijab in the classrooms. The matter went to the government. The following points were discussed by the court while giving its decision which was in the government’s favor.

• Hijab was found not an essential religious practice in Islam-

This very argument was brought in by the petitioner and the court looked into it and found that the hijab is not an essential religious practice. In other words, it is not that the entire community practices in India and is not something that restricts the faith in itself that if this is not done then religion will itself cease to exist, so this practice is not that essential.

• The school order was found to be under reasonable restriction-

This argument states that the whole idea of the uniform need not be what it is.

• Government order not found violative of Hijab student’s rights-

Issue of a fundamental right does not come here in the form of the uniform what was asked by the College Development Council and the college, in this case, is a reasonable restriction because an institution’s rights are also protected and that was something that was established by previous judgments.

The honourable court has rightly decided so, considering that even though people have the fundamental right to practice, profess and propagate their religion enshrined under the Indian Constitution but that is subject to some reasonable restrictions. Moreover, wearing a hijab is not an essential practice in the Islamic religion.

Should Holy books be taught in religious institutions?

India is a secular country but full of diverse religions. In such a nation, will the inclusion of holy books in the curriculum be justified? All the holy books, be it Shrimad Bhagawat Gita, Quran, The Bible or Guru Granth Sahib Ji contains spiritual lessons that make one emotionally and intellectually strong and morally right. As the youth of any country is considered to be the future of that country so its youth should get knowledge of their literature which builds and develop their moral and ethical principles. Hence, teaching lessons from these holy books to youth will help them to take the right decision in their life more accurately and will make them follow a righteous path which ultimately helps them in becoming good citizens of the nation.

National Education Policy (NEP) unveiled by the center also advocates the introduction of modern and ancient culture, tradition, and knowledge systems so that students feel proud of India’s rich and diverse culture. In the line with the same, recently, the Gujarat government announced that Bhagavad Gita will be a part of the school syllabus for classes 6 to 12 in the state. The step taken by the government is very appreciative. It would be very beneficial for the students and the nation if other state governments move in a similar direction and aspire to teach students religious books across religions.  

Why the religious education should be imparted among students?

Imparting knowledge about various religions will make children have a broad awareness of all the religions. It will help them to make an informed decision on which religion they want to profess, which is better than learning only about the religion being practiced at home¹.

Furthermore, religious education teaches children about various gods and goddesses and allows them to learn and develop their characteristics and imbibe their good qualities which make them prepared for the next level of their life called adult life. 

We know that religion is a strong weapon that can divide society. The weapon could be deadly if it is not understood well. Hence, it becomes more significant to develop a deep understanding to prevent division, ignorance, and prejudice which can be overtly seen with the increase in multi-faith societies.

Many argue that because people are not taught to be open about other religions while growing up. For some, religion is a very personal thing and if they feel attacked about their religion they take it as personally as if it is an attack on their family. So, teaching religion in schools will make children aware of the wide spectrum of religions and will help them to draw a line between their religious beliefs and who they are.

Every religion irrespective of what a person follow contains a whole lot amount of knowledge that could answer the questions related to the life of a human from birth to death and even after death questions. All questions whether related to happiness or sorrow, one’s religion is capable of answering them all.

All the above-mentioned benefits make it necessary for the nation to have religious education in schools and academic curriculum

Is teaching religious education legal in India?

Recently, the Supreme Court also allowed the teaching of religion in school but mentioned that schools should refrain from giving any kind of preference or special treatment over the other. Schools also should refrain from promoting particular religious texts as the only available truth. The ruling of the honorable Supreme Court is a step necessary to preserve the secular fabric of the nation.

Conclusion & Way forward

Religion is the most diligent topic in any nation which can easily attract the hatred of people belonging to the minority class. Loyalty to one may become an obstruction to loyalty to another religion. These limitations obstruct the development of students into ethical citizens of a free and democratic society. Government should be cautious to keep all religions and their values and practices balanced. Government should not perform and even should not get portrayed preferencing any specific religion in any way or treating any specific religion with less attention. The same could be seen in India where the constitution itself preserves the secular character of the nation. Moreover, the government of our nation can not follow any religion. Government should perform various pieces of research to amend national education policy and should introduce compulsory academic related to religious education in schools. If public grants are distributed on a non-preference basis to all religious communities, then little is left of the claims that the partial funding of educational institutions run by religious communities places an unfair burden on other members of society. It is possible that an element of unfairness still exists if some religious communities receive grants while others do not.

It may be claimed that this issue can be solved if kids from various religious backgrounds interact with one another, as they do in state-run schools, and discover that there are other ways of thinking and being than the ones their parents have taught them. They may even come to respect other people’s opinions and ways of thinking. Additionally, this variety need not just be seen in public schools. If religiously linked institutions are also available to students of different faiths, as they are in India, it may be promoted there. Even if it is smaller than at entirely state-run schools, this variety may be sufficient to promote inter-religious toleration, which may, in turn, foster civic camaraderie and uphold civic principles. Schools with a religious affiliation may also promote communication between individuals via negotiation and compromise. But up until now, a school has simply served as a casual setting for religious tolerance. The subject of interreligious education, or effectively understanding different religions, is not addressed.

---

References

1. The Hindu Bureau, ‘Gujarat schools to teach Bhagvad Gita’ (The Hindu, 17 March 2022), https://www.thehindu.com/news/national/other-states/gujarat-to-introduce-bhagavad-gita-for-classes-6-to-12/article65235296.ece
2. Rajeev Bhargava, ‘Religious Education in a Secular State’ (2013) 40(3) IIC Quarterly, https://www.jstor.org/stable/24394393

This article is written by Vedwrat Arya, 3^rd year law student pursuing BA.LLB Hons. from Dr. BR Ambedkar National Law University, Sonipat.

About the Ministry

The Ministry of Civil Aviation, which is based at Rajiv Gandhi Bhavan near Safdarjung Airport in New Delhi, is in charge of developing national policies and programmes for the growth and regulation of the nation’s civil aviation industry. It is in charge of carrying out the 1934 Aircraft Act, 1937 Aircraft Rules, and other laws relevant to the nation’s aviation industry. The Directorate General of Civil Aviation, the Bureau of Civil Aviation Security, the Indira Gandhi Rashtriya Uran Akademi, and related Public Sector Undertakings including the Airports Authority of India and Pawan Hans Helicopters Limited are under the administrative jurisdiction of this Ministry.

About the Responsibility

Applications are being accepted for the position of Assistant Director (Regulations & Information), Directorate General of Civil Aviation, Ministry of Civil Aviation, by the Union Public Service Commission.

Eligibility

• legal education. (Degree)
• seven years of experience working with the legal facets of civil aviation

Deadline for Applying

1^st September 2022

How to Apply?

Interested candidates may apply from here: – https://upsconline.nic.in/

To see the details refer here (official notice) :-

https://www.upsc.gov.in/sites/default/files/Advt-No-15-2022-engl-120822.pdf

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About the Responsibilities  

Opening for Director or Associate Director – Legal (Litigation).

Manage the legal and contractual elements of business contracts and related litigation. Support for enforcing contracts with a solid legal and contractual understanding.

As an applicant you are required to: –

Agreements’ Enforcement

• Conversion/Toll/Contract Manufacturing Agreement, Supply and Distribution Agreement, Bank Guarantee, Memorandum of Understanding, Joint Ventures, Partnership, Restructuring, Amalgamations, etc.
• paperwork pertaining to property, a lease, a licence, a sale, and an agreement to buy.
• trademarks, copyrights, confidentiality, IPR privacy, licencing, etc. Transactions and agreements
• Service, SLA, AMC, tax, and so forth.
• Contract workers, unions, labour laws, consulting contracts, service bonds, etc.

coordinating with a variety of outside counsels

• The creation of standard engagement letters and agreements (case wise).
• case files, evidence, and case updates
• Work together with a variety of domestic and international arbitrators, attorneys, and law firms in the relevant fields of the law.
• Cooperation with different investigation authorities under different legislation

centralization of all court cases’ and disagreements’ records

• centralization of all court and conflict records
• Coordination with numerous subsidiaries for contracts, papers, and other evidence pertinent to the dispute or lawsuit will be necessary.
• MIS reports and updates on lawsuits, disputes, and settlements must be prepared.

Law, case law, and judgement changes

• to conduct study on different legal developments
• Informing the business of any important changes to statutes, case law, and rulings that are pertinent to each case
• to organise with the legal counsel.

Presentations and Fundamental Information

• Should be familiar with the court process, the preparation of complaints, and the fundamentals of litigation procedure.
• helping to prepare presentations, reports, summaries, etc.
• Should be familiar with the basics of criminal law, cybercrime, offences, the Weights and Measures Act, and IPR law.

Location

Noida Corporate

Eligibility

• educational background- LL.B.
• Experience- 12–15 years working in or practising law.
• Chemical and pharmaceutical industries are preferred, but not required.
• Technical abilities
• thorough understanding of court proceedings at civil, criminal, tribunal, commercial, arbitration, and regulatory agencies in India under various laws.
• exposure to contracts for international business.
• Good interpreting and analysing skills.
• Core Capabilities
• a track record of delicately resolving difficult issues
• Excellent interpersonal, networking, and communication skills are required for dealing with Indian lawyers and law firms.
• demonstrates empathy for others, collaborates well in groups, fosters a sense of teamwork, and treats others with respect.
• respects deadlines and exhibits dedication to the company.
• accepts and takes on challenging objectives, puts in extra time when it’s required, and looks for possibilities to advance to responsibilities with greater difficulty.

How to Apply?

Interested candidates may apply from here: –

https://www.linkedin.com/jobs/view/3187077092/

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About the Organization

In New Delhi, there is a full-service law practise called Jain & Saigal Law Offices (“J&S”). It was founded in 2021 and is currently led and managed by two partners who are active attorneys. The firm has a focus on domestic and international arbitration, insolvency and bankruptcy processes, recovery cases, check-bouncing issues, property disputes, labour issues, etc. in addition to other civil and commercial law areas.

About the Responsibility

The law offices of Jain & Saigal are seeking interns, ideally in their third, fourth, or fifth year of a five-year legal education as well as in their second or third year of a three-year legal education.

How to Apply?

Interested candidates may apply from here: – admin@jslaw.in.

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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The West Bengal National University of Juridical Sciences (WBNUJS) is announcing a 3 months certificate course on Business and Commercial Laws.

ABOUT

The West Bengal National University of Juridical Sciences (WBNUJS) is a premier public law school in India, also known as Columbia of East, and is a National Law University located in Bidhannagar, Kolkata, West Bengal, India.

ELIGIBILITY

Any practising lawyer, company secretary, chartered accountant or other related professional, graduate or student in the final year of their undergraduate programme may apply for the course.

REGISTRATIONS DETAILS

Interested candidates must register themselves by filling out the following form along with transaction details through this link. Registration Deadline: September 10, 2022.

https://www.nujs.edu/home/admissions/wbnujs-certificate-course/three-months-online-certificate-course-on-business-and-commercial-laws/

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The West Bengal National University of Juridical Sciences in association with the Indian Society of Criminology is organizing an All India Criminology Conference.

ABOUT

The West Bengal National University of Juridical Sciences (WBNUJS) is a premier public law school in India, also known as Columbia of East, and is a National Law University located in Bidhannagar, Kolkata, West Bengal, India.

THEME

• Development of criminology in the 21st century
• Role of Judiciary in recognising science and technology
• Use of technology in combating organised and white-collar crimes
• Contemporary scientific developments toward crime detection and prevention
• Identifying patterns in the criminal occurrence
• Artificial intelligence and crime prevention
• Cybercrimes and cyber forensics: a new era of technology and risks
• Scientific techniques in combating mob-lynching and organized crime
• Science & technology for women and children: Serving justice to most susceptible victims
• Technological intervention in human trafficking investigation
• New Avenues of DNA technology for the administration of fair Justice
• Humanitarian forensics in disaster victim identification: current trends and challenges

SUBMISSION GUIDELINES

• Participants are requested to send their full papers at the time of registration for the Conference.
• The full papers should be between 3,000 – 8,000 words and accompanied by an abstract of not more than 300 words.
• The papers may fall under any of the provided sub-themes for the Conference, or be related to any other topic related to the broad theme of the Conference.
• Interested candidates must register themselves through this link.

IMPORTANT DATES

• Registration Deadline – September 15, 2022
• Submission Deadline – September 15, 2022
• Deadline with late payment – October 15, 2022
• Dates of the Conference – December 15 to 17, 2022

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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The Centre for Criminology, Criminal Justice and Victimology, RGNUL is organizing the Indian Society of Victimology’s Eighth International and Twelfth Biennial Conference on the theme “Securing Justice to Victims of Crime” through Empowerment, Protection and Services from November 3 to 5, 2022 at Rajiv Gandhi National University of Law, Punjab.

ABOUT

The Indian Society of Victimology (ISV) is a national-level professional society that was founded in 1992 under the aegis of Professor K. Chockalingam, the then Head of the Department of Criminology, the University of Madras along with senior police officers Dr. R. K. Raghavan and Mr. L. N. Venkatesan.

THEME

• Legal Initiatives in Victim Protection
• Social and Community Initiatives in Victim Protection
• Mapping the Best Practices in Victim Protection
• Victims of Abuse of Power
• Victims of Migration and Environmental Crimes
• Emerging Trends in Teaching, Research and Action in Victimology
• Forensic Justice to Victims of Crime
• Victimization in the Digital Environment
• Victimization of Women and Children
• Restorative Justice for Victims of Crime
• Critical Victimology
• From Victimology to Victim Justice

SUBMISSION GUIDELINES

• Participants can register online by using the link given at the end of the post.
• Kindly make the payment ONLY after the selection of the abstract. Attendees (Non-Presenter) can make the payment by clicking on the payment link.
• The registration fee does not include accommodation charges.
• Participants are requested to register in advance to ensure accommodation and travel arrangements.
• Participants must ensure that they receive a confirmation of registration before attending the conference.
• The details of the venue and accommodation will be shared at a later stage on the conference website.
• The research papers should pertain to any of the sub-themes of the conference.
• An Abstract of 300 words (Max.) should be sent on or before 20th August 2022. Acceptance of abstract will be communicated within 15 days after submission.
• A payment link will share separately if the abstract is selected.
• A full paper not exceeding 5,000 words should be sent on or before September 20, 2022 upon acceptance of the abstract.
• The organisers reserve the exclusive right to publish accepted papers for the Conference Volume.6. Abstracts and full research papers should be emailed to ccvpublication@rgnul.ac.in.

IMPORTANT DATES

• Last date for submission of Abstract: August 20, 2022
• Last date for Professor K. Chockalingam Award and Fellowship Award (Nomination): September 20, 2022
• Last date for Registration: August 20, 2022
• Last date for the submission of the full paper for presentation: September 20, 2022

https://docs.google.com/forms/d/e/1FAIpQLSdY9I6IKeZOc14MVYyYB0awCGlPNzycIK42O7C20z3QCfbQdQ/viewform

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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