LEXPEEPS editor – Page 334

What makes Gartner a GREAT fit for you?

When you join Gartner, you’ll be part of a team with a no-limits mindset that helps the world become smarter and more connected. We’re the world’s leading research and advisory company that steers clients toward the right decisions with business and technology insights they can’t find anywhere else. Our associates enjoy a collaborative work environment with exceptional training and career development. If you like working with a curious, supportive, high-performing team, Gartner is the place for you.

Interested in learning more, view and register for any of our upcoming recruiting events here!

About the team:

Corporate Communications is a strategic group supporting our Operating Committee and their senior leaders with strong communications and change management

Job description:

Document Creation Support in the creation of content used in final products
Ensure all content is consistent with overall business objectives and maintain a high degree of quality control through self-proofing and adhering to the Gartner style and voice
Collaborate with key internal stakeholders for content strategy, creation and new content development
Lending Graphic & Visual support by enforcing consistency of brand standards by familiarizing and staying up to date with look, feel, voice and overall brand presence
Influence the final product by steering content consumers toward the best design that is compliant with internal Style and Brand guides
Provide support for ongoing proposal initiatives such as content libraries, graphics libraries, and templates by ensuring regular updates, high quality, updated statistics, etc.
Shape the development of policies, standards and procedures to encourage global best practices
Advanced skills in word publishing, Word/PPT and communication via both text and visuals. Ability to work with content and instructions in both U.S. and U.K. English.
Ensure available content is properly leveraged throughout the organization
Coordinate content writing, publishing and updating schedules for internal content libraries
Track, assess and report effectiveness of content for ranking, reach, engagement and database or location

Essential must-have skills:

Bachelor’s Degree preferably in English with minimum of 2 years in writing and editing experience for corporate documents in English.
Advanced English skills to understand and execute on complex instructions, and ensure quality of client-ready content. Both U.S. and U.K. English.
Advanced drafting and formatting skills in MS Office. Experience working with custom templates.
Strong editing and clean up skills.
Strong research and writing skills, with the ability to manage a project from start to finish.
Expert skill level in Microsoft Word, Excel ,Office and PowerPoint.

Benefits:

We offer a highly competitive rewards and benefits package including Company benefits like medical insurance, life insurance, and accidental insurance starting day one, best in industry pay package, flexible work environment, and lucrative paid time off policy, etc. All Gartner associates strive on being high performers, problem solvers, and team players with passion, integrity and effectiveness. We strive to attract exceptional people who really enjoy what they do. Are you ready to jump on board?

Equality statement:

The policy of Gartner is to provide equal employment opportunities to all applicants and employees without regard to race, color, caste, creed, religion, sex, sexual orientation, gender identity or expression, marital status, citizenship status, age, national origin, ancestry, disability, or any other characteristic protected by applicable law. Gartner affirmatively seeks to advance the principles of equal employment opportunity and values diversity and inclusion.

Gartner is an Equal Opportunity Employer and offers opportunities to all job seekers, including job seekers with disabilities. If you are a qualified applicant with a disability and unable to or limited in your ability to use or access the Gartner’s career webpage as a result of your disability, you may request reasonable accommodations by calling Human Resources at +1203-964-0096 or by sending an email to Applicant.Assistance@gartner.com

The policy of Gartner is to provide equal employment opportunities to all applicants and employees without regard to race, color, creed, religion, sex, sexual orientation, gender identity, marital status, citizenship status, age, national origin, ancestry, disability, veteran status, or any other legally protected status and to affirmatively seek to advance the principles of equal employment opportunity.

Gartner is committed to being an Equal Opportunity Employer and offers opportunities to all job seekers, including job seekers with disabilities. If you are a qualified individual with a disability or a disabled veteran, you may request a reasonable accommodation if you are unable or limited in your ability to use or access the Company’s career webpage as a result of your disability. You may request reasonable accommodations by calling Human Resources at 203-964-0096 or by sending an email to ApplicantAccommodations@gartner.com.Job Requisition ID:55716

By submitting your information and application, you confirm that you have read and agree to the country or regional recruitment notice linked below applicable to your place of residence.

Gartner Applicant Privacy Link: https://jobs.gartner.com/applicant-privacy-policy

Link to Apply-

https://gartner.wd5.myworkdayjobs.com/en-US/EXT/job/Gurgaon/Content-Specialist—Internal-Communication_55716/apply?source=JB-10120

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Job Purpose:

Regulatory Mapping attorneys, at a senior associate level, must possess a good understanding of financial market and concepts. These attorneys should be capable of conducting independent research to understand the business of financial firms and determine relevant compliance obligations. They should have a good understanding of financial terms and concepts. They must have the ability to accurately interpret financial statutes and regulations. These attorneys should be good with research and know where to find the most up-to-date regulatory and statutory developments. These attorneys should have exceptional analytical skills. They should be capable of participating in quality control process. They should identify and escalate all relevant issues as well as cascade down all relevant information. should have excellent oral and written communication skills.

Job Description:

Conducts training on compliance areas for subordinates and guide them with subject matter requirements on live projects and otherwise.
Co-operates with team members and acts as a team player.
Supervises junior team members as a manager (goal centric career management and go to person for all issues)
Escalates project specific issues and other relevant issues, as appropriate, to the relevant stakeholders.
Applies themselves to understanding the underlying issues of a project.
Take ownership and provide feedback to juniors and assist in resolving conflict
Achieve on time delivery (OTD) on all client deliverables or anticipate and escalate possible delay in advance.
Thorough and meticulous with great attention to details.
Taking ownership of processes and controls of the team, driving the development of methods to improve processes and/or controls to ensure that these are efficient, effective and relevant
Understands overall client requirements to help develop project scope and drive internal discussions on resource requirements and creation of project plan
Understands project metrics such as utilization, efficiency, gross margins etc.
Effective communication with internal and external stakeholders
Organized and efficient – handles responsibility assigned to them quickly and accurately.
Reports back to their seniors on the status of assignments.
Effective on the floor in terms of sharing learning/insights with peers/juniors/seniors.
Consistent presence and active participation at team, department, and company meetings and participates in voluntary professional development programs.
Accomplishes work with low to moderate supervision.

Skills:

Fundamental understanding of financial concepts and good hold on legal and compliance areas
Ability to drive team’s interpretation and understanding of statutes in light of financial products and services
Excellent analytical and logical skills
Good project management and people management experience
Troubleshooting and issue resolution
Attention to details
Proficiency in MS Office, specially MS Excel
Working knowledge of legal databases
Effectively communicating results/findings of work in all mediums (verbal and written)

Scope

Impact is normally within the immediate project team.
Typically works on one or two projects at a time and as a member of the project team(s).
Possesses the ability to manage small teams (2-3 people).
Possesses the ability to share feedback and answer queries.
Team members/juniors/peers seek him out for guidance and direction; senior personnel trust him to convey messages or to report back on matters.

Behavioral Competencies:

Ability to create standard instructions regarding legal research and any other project scope and cascade uniformly across the team for standardized outcomes
Ability to advice and contribute towards creation of linear and efficient workflows based on project requirement
Leverage strong communication and relation building skills in frequent interaction with both internal and external stakeholders
Self-reliant and confident handling of project and team issues
Generally leaning towards issue resolution rather than issue escalation
Adaptive to team and fosters collaborative approach
Innovative approach to the project and team management, when required
Shows passion and desire to learn
Diligence and ability to multi-task
Must have an eye for details

Qualification:

Must have:

Law degree

Desirable: LL.M.

Language capabilities – Professional proficiency in English

Experience:

3 – 5 years

Desirable:

Experience in legal research/regulatory compliance related work.

Link to Apply

Click here to apply

Editor: Mudit Jain

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Job Opportunity; In-House Legal Executives at Aavas Financiers Ltd.

Urgently required in-house legal executives at Aavas Financiers ltd for the following locations:
1. Chomu
2. Churu
3. Shahpura, Jaipur

Requirements:
– Must be LL.B graduate (fresher can apply)
– immediate joining

kindly drop your resume at “priyankansh.jain@aavas.in“

Job Opportunity; for Lawyer having experience in Technology Laws with focus on Fintech, Privacy data protection, Cyber Laws, E-commerce.

Looking for lawyer having experience in technology laws with focus on fintech, privacy data protection cyber laws ecommerce.

Location: Delhi/NCR
Experience: 3-8 years

Interested candidates can share their CVs with me at sarabjeet@yellowwireconsulting.com

Job Opportunity; Legal Executive at India Mart

We at Indiamart, are looking for 2(Two) Law Graduates having 0 to 1 year PQE for the position of Legal Executive, for our Commercial Corporate and Litigation Team, respectively.

Location: Noida

Preferences:
-LLB and excellent academic credentials from a top law school.
-Ability to work in a fast-paced environment.

Interested candidates, please DM me or email me at jestine.j@indiamart.com

Internship Opportunity at Cholamandal IP

Cholamandal IP is open for Internship in both Online and Offline mode. The details for the same is mentioned in the poster below. This will be a great learning experience for anyone who has an interest in the field of Intellectual Property and Civil Laws.

Duration: 5th September to 5th October 2021.

Mode: Offline and Online

How to Apply?

Mail your resume to iprsanjaigandhi@gmail.com.

Editor: Mudit Jain

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About UnitedLex

UnitedLex is a technology and legal services company committed to delivering full-scale Digital Transformation. The world’s most forward-thinking law departments rely on the company’s expertise in over 25 global jurisdictions. Founded in 2006, the team includes 3,000 legal, engineering, and technology professionals with major operations in 18 countries.
We create solutions that uniquely solve challenges, ranging from basic to bet-the-company. We fuse legal pedigree with business pragmatism and an overriding focus on our clients. We think holistically: We guide, design, implement, and financially commit to the innovative strategies and solutions we provide.
As a fast-growing company, we are committed to hiring talented individuals, providing a great workplace culture, continuously developing our employees, and providing interesting, challenging, and innovative work. Our global platform is the perfect place for hard-working, forward-thinking professionals from all walks of life to nurture and grow careers.
UnitedLex is committed to preserving the confidentiality, integrity and availability of all the physical and electronic information assets throughout the organization. Consistent with the UnitedLex ISMS policy and the ISO 27001 standard, every employee is responsible for complying with UnitedLex information security policies and reporting all security concerns, weaknesses and breaches.

Job Description – Associate IP Litigation

Search and analyze product documents, source code, technical literature and other relevant artifacts to prepare technical reports. Work with a global team to execute an engagement and ensure seamless delivery.

Area of Responsibility

Work on projects involving source code review, product testing, software reverse engineering and network packet capture analysis
Consult top licensing campaign managers, litigators and experts on technology litigations and help them build/support the technical infringement/non-infringement theory through the lifecycle of a technology licensing/litigation campaign
Perform patent and product analysis and prepare Evidence of Use reports, assist in expert report drafting, and prepare validity and non-infringement rebuttal responses
Travel to client locations across US; work with a global team to execute an engagement and ensure seamless delivery
Provide timely Reports to Project Manager and ensure assigned tasks are executed within the stipulated timelines
Complete ownership of communication with client about technical deliverables
Work on department initiatives

Skills / Attributes Required

BS/MS in Computer Science/Electrical Engineering is preferred
0-2 years IP or software industry experience
Knowledge of programming languages such as JAVA, C++ , C, C# and Objective-C
Knowledge of web development technologies such as JavaScript, TypeScript, Python and HTML
Knowledge of web, mobile and enterprise products and services is preferred
Knowledge of shell scripts and network packet sniffers such as Fiddler and Wireshark is a plus
Knowledge of hardware programming languages such Verilog or VHDL is a plus
Experience in Software Architecture, Apps development and debugging is preferred
Capability to understand complex/cutting-edge technology issues, across domains
Excellent content writing skills and solid verbal communication skills
Excellent handle of tools like PowerPoint, Excel and Word

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Oxford University Press (OUP) is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide.

OUP is the world’s largest university press with the widest global presence. It publishes in many countries, in more than 100 languages, and in a variety of formats – print and digital. OUP products cover an extremely broad academic and educational spectrum, and it aims to make content available to users in a format that suits them best.
In fulfilling the Press’s objective to further research, scholarship and education, OUP India today develops path-breaking digital and integrated learning solutions, while continuing to publish over 400 new books and revised editions every year. OUP India’s publishing programme covers school courses, higher education texts, academic and reference works, titles of general interest, bilingual dictionaries, atlases, adult ELT materials, and digital assessment products.
Established in 1912, OUP India is has grown to be one of the largest publishers in the region, with a strong presence in India and the neighboring countries, including Nepal, Sri Lanka and Bangladesh. Headquartered in Delhi – NCR, it has regional offices in Delhi, Kolkata, Chennai and Mumbai.
OUP India is committed to the continuous development of its publishing programmes, covering both print and digital, to meet the growing and varying learning needs of students, teachers, scholars and general readers in the region.

Key responsibilities include:

Accountable for clearing third party permission for UK & Africa publishing team.
Clearing permissions for text and images, performing photo research, fee negotiations with rights holders, contributing to savings.
Managing multiple accounts with partner image banks and coordinating with Rights and Editorial colleagues for timely payments of invoices.
Raising POs in Oxford Purchase for specific branches to process the payments and ensure timely payment to all image banks and third-party rights holders/vendors
Ensuring archival of all permissions logs and letters and maintain data for future editions or revisions
Ensuring compliance process is met for any new vendor
Internal system knowledge of Digital Asset Management (DAM) and Rights Management System (RMS), maintain Active user accounts (Internal and External), upload and download of assets, manage rights statement, provide user’s account via raising tickets with GTSD, attend regular OPS meeting to discuss or raise issues with system performance, access and speed.
Storage of all third-party permissions in Rights Management System (RMS)

About You

You will be a strong Team Player with the ability to drive and support your team

Essential

Graduate with minimum 5 years of experience.
Knowledge of copyright Laws.
Ability to liaise with range of editorial colleagues, image suppliers, designers, rights holders and key stakeholders
Good understanding of copyright law and rights and permissions best practices.
Excellent written and verbal communication skills
Prior experience in Rights and permission activities

Desirable

High level of integrity and dependability with a strong sense of urgency and results-orientation
Knowledge of publishing

Link to Apply

https://www.linkedin.com/jobs/view/2704780176

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Expected Responsibilities

Counsel the Business on structure of contractual relationships, including appropriate documents to use, and on compliance with Company business practices, policies, procedures and law. Respond to ad hoc queries, providing appropriate solutions. You will be reporting to the Legal Director, OFSS, operating in conjunction with the other counsels of Oracle and will maintain working relations across the company.
Provide input into new policies or practices, leadership on legislative awareness and issues, and implement Company policies.
Identify, assess, and evaluate risks and review management of disputes and litigation
Write, vet, and negotiate major complex deals, as well as localize and build model standard agreements/clauses.
Participate in the Company’s JAPAC Legal Department initiatives as need arises, and collaborate with legal counsel throughout Oracle locally as well as internationally
Conduct training for sales and legal staff, and other employees regarding compliance and legal matters.
Collaborate with internal clients and business units on legal aspects of OFSS related issues.
Assist OFSS Legal Director in assigned tasks and activities including streamlining processes, formats and documentation related to OFSS legal operation.
Manage outside counsel and law firm relationship including engagement, billing, and communications.
Participate in Legal & compliance training and attend Court hearings.
Work with Privacy & Security Counsel and provide legal advice related to data security and privacy

Required Skills

Outstanding lawyer in corporate environment
Do you have a high level of legal drafting and negotiation skills?
Excellent verbal and written communication skills and effective presentation skills
Solutions oriented approach to commercial and legal issues
Ability to perform and meet multiple deadlines, adapt to constantly evolving requirements, and an understanding of our business requirements and policies
Creative thinking and problem solving

Preferred Qualifications

Professional qualifications to practice law in India
5+ years of experience as a legal practitioner
Proficiency in English, along with strong writing skills
Experience with commercial negotiations, Financial Services sector business dealings and IT contracting, including software systems implementation contracts
Provide legal support across all lines of business enabling profitable growth while mitigating legal risks and assure adherence to governance policies, ethics, and country specific laws and regulations.
Responsible for providing legal advice to the organization. Close liaison to business in providing a variety of corporate and commercial legal services.
May perform litigation on Oracle’s behalf or coordinates litigation and other legal, administrative or investigative actions handled by outside counsel.
May draft, review, and negotiate major and/or non-standard technology contracts with public and private sector customers, including licensing agreements, professional services agreements, and cloud services agreements.
May advise on legal issues involving government and regulatory compliance. Responds to ad hoc queries to include identification, analysis, and evaluation of risks in order to provide appropriate legal solutions.
Works closely with other lawyers throughout Oracle and coordinates legal matters handled by outside lawyers.
Demonstrates deep general commercial or functional knowledge across a sub discipline within the individual’s specialty area(s), (e.g., general corporate law, antitrust/competition law, securities compliance and regulatory, employment law, immigration law, cloud transactions, data privacy, risk management asset-backed financing, contract management, intellectual property, trade secrets, advertising law, registration and other resolutions specific to the computer and technology industry)
Job duties are varied and complex utilizing independent judgment.
May have project lead role. 5+ years related experience.
Bachelors degree in computer science, computer engineering, or similar background is a plus for roles within certain sub disciplines.
Completed law degree and member of bar association in relevant jurisdictions.
Excellent legal skills and business judgment in areas of responsibility.
Proficient writing skills.

For details, visit-

https://www.linkedin.com/jobs/search/?currentJobId=2700413194&f_TPR=r86400&geoId=102713980&keywords=law%20jobs

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About GLG / Gerson Lehrman Group

GLG is the world’s insight network. Our clients rely on GLG’s global team to connect with powerful insight across fields from our network of 900,000+ experts (and the hundreds of new experts we recruit every day).

We serve thousands of the world’s best businesses, from Fortune 500 corporations to leading technology companies to professional services firms and financial institutions. We connect our clients to the world’s largest and most varied source of first-hand expertise, including executives, scientists, academics, former public-sector leaders, and the foremost subject matter specialists.

GLG’s industry-leading compliance framework allows clients to learn in a structured, auditable, and transparent way, consistent with their own internal compliance obligations and the highest professional ethical standards. Our compliance standards are a major competitive differentiator and key component of the company’s culture.

To learn more, visit www.GLGinsights.com.

Job Summary

GLG seeks a lawyer to join the Company’s legal department in Gurugram, India. This candidate will be highly organized, efficient, proactive, impeccably trustworthy, and resourceful.

Specific Responsibilities Include (but Are Not Limited To)

together with other team members, enforce processes to ensure the highest legal and compliance standards are met in all aspects of the business
manage various legal queues and assign/escalate appropriate issues to other team members
draft standard client and vendor contracts for the Company and conduct regulatory research
team with other legal department lawyers and non-lawyer personnel to ensure timely execution of legal and compliance related administrative tasks for the Company including fulfillment of requests for due diligence questionnaires, vendor forms, form letters, etc.
manage contracts with clients, experts and their institutions, and vendors including contract version control, execution process and contract filing
work closely with multiple business segments, including Business Development and Client Solutions.

Candidate Profile

An Ideal Candidate Will Have The Following
Law degree (LL.B. or higher) from a reputable law university, with demonstrated excellent academic performance
Minimum 2 years’ experience preferably with a multi-national company
Must be fluent in MS office and comfortable with new technology. Prior experience of working on Salesforce platform would be an added advantage
Excellent written and oral English communication skills

For more details visit

https://www.linkedin.com/jobs/view/2699889521/?alternateChannel=search&refId=pNjcvCQEd4V1KhCGTMWFig%3D%3D&trackingId=n8cCxcoPH3NTTyZ4cvuApA%3D%3D

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Case Number:

Writ Petition (Civil) No. 1074 of 2019

Bench:

Rohinton Fali Nariman

Aniruddha Bose

V. Ramasubramanian

Date of Judgment:

27/11/2019

Relevant Acts:

Arbitration and Conciliation Act, 1996

Constitution of India

Insolvency and Bankruptcy Code, 2016

Facts of the Case:

The petitioners were construction firms that had worked as contractors for government agencies on large-scale infrastructure projects such as roads, bridges, hydropower, and nuclear reactors, tunnels and rail facilities, etc. The petitioners were aggrieved by the fact that if a cost surge occurred, the government bodies contested it, resulting in a delay in the recovery of their rightful dues, which could only be retrieved either through an arbitration process or civil proceedings. They were unable to recover their debts from government bodies through insolvency proceedings as government bodies were not covered by the Insolvency and Bankruptcy Code, 2016.

The petitioner argued that the unamended Act violated the UNCITRAL Model Law by prohibiting the use of two key aspects of award debtor, one during setting aside procedures under section 34 and the other during enforcement proceedings under section 36 of the Arbitration and Conciliation Act, 1996. It was also contended that Section 87 enacted was violative of Article 14, 21, and 300-A of the Constitution as it weakened the binding nature of an arbitral ruling by removing the vested power of enforcement.

The respondents stated that the 2019 amendment inserting Section 87 and revocation of Section 26 by claiming that the interpretation of Section 26 in the BCCI case was purely declaratory and there was no merit in the petitioner’s statement that the interpretation is unconstitutional. The respondents also asserted that the BCCI ruling, it was said, was just declaratory and did not invalidate any executive action. As a result, section 87 merely clarified the original legislative meaning and had no incidence on the BCCI judgment.

The issue before the High Court:

Whether Section 87 of the Arbitration and Conciliation Act, 1996 introduced by the 2019 Amendment Act is valid?

The ratio of the Case:

The SC concurred with the respondents that no direct and substantiating reference to the BCCI decision was required to negate it through legislation. The court also concluded that, when read in conjunction with the IBC, Section 87 had ludicrous effects, such as award holders being unable to recover funds from award debtors and being insolvent. Subsequently, the court ruled that the addition of Section 87 and the repeal of Section 26 were in violation of Article 14.

The Supreme Court explained in BCCI v. Kochi Cricket Private Limited (2018) that while the 2015 Amendment Act was prospective in nature, the change in the position regarding the former automatic stay against enforcement was applicable retrospectively. The Supreme Court stated that section 87 was enacted solely to implement the Srikrishna Committee Report’s advice to remove doubt around the potential applicability of the 2015 Amendment Act when such uncertainty had already been resolved by the BCCI ruling.

The decision of the Court:

The Supreme Court concurred with the Petitioner that the addition of section 87 resurrects the problem that the 2015 Amendment Act attempted to address and is thus unconstitutional. The SC further agreed with the Petitioners that, when read in conjunction with the IBC, section 87 results in an illogical result, namely, the award holder becoming insolvent due to its inability to recover money under arbitral awards. As a result, the Supreme Court concluded that the 2015 Amendment Act’s inclusion of section 87 and deletion of section 26 violated Article 14 of the Indian Constitution.

The present article has been written by Aathira Pillai.

The present article has been edited by Shubham Yadav, a 4th- year student from Banasthali Vidyapith.

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Case Number:

Letters Patent Appeal No. 699 of 2021 in Special Civil Application No. 6853 of 2021

Bench:

Chief Justice Vikram Nath

Justice Biren Vaishnav

Date of Judgment:

23/08/2021

Relevant Acts:

Gujarat Prohibition Act, 1949

Gujarat Prevention of Anti-social Activities Act, 1985

Facts of the Case:

The appellant being in jail was detained according to the provisions of the Gujarat Prohibition Act under Sections 66(1)(b), 65(a), 65(e), 116-B, 98(2), and 81 concerning the order dated on April 06, 2021, in the backdrop of registration of offenses against the appellant.

Contentions were raised under Article 226 of the Indian Constitution about the detention of the appellant stating that the appellant was arraigned in the offenses where he does not fall within the scope of the definition of “Bootlegger” section 2(b) of the Gujarat Prevention of Anti-social Activities Act, 1985.

Advocate Mohddanish M. Barejia, representing the appellant-detenue, argued that the detenu does not fit the definition of a “bootlegger” as defined by Section 2(b) of the Gujarat Prevention of Anti-social Activities Act, 1985, and that there was no violation of the law, indicating “public order,” entailing his detention.

Assistant Government Pleader Shruti Pathak rejected the prayer, claiming that the detaining authority’s powers and procedural precautions were not designed to allow people to continue criminal acts, and thus the detention was justified and is in accordance with the law’s procedures.

The issue before the High Court:

Whether the subjective satisfaction exercised by the detaining authority deserves no interference?

Whether there was any disturbance of public because a solitary offense has been registered against the detenue?

The ratio of the Case:

In the case of Aartiben W/o Nandubhai Jayantibhai Sujnani vs. Commissioner of Police in L.P.A. No.2732 of 2010, the court cited a clear distinction made by the Supreme Court between public and law.

The court stated that the term “public order” implies that not every assault or harm to a specific person results in public disorder. Any law infringement impacts order, but before it can be called to affect public order, it must affect the community or the general public at large. Thus, a simple disturbance of law and order that leads to disruption is not always adequate for proceedings under the Preventive Detention Act, but a disturbance that will impact public order qualifies.

Based on a detailed examination of the order of detention, which includes the grounds for the custody and the materials on record, the Court examined the contentions, albeit the Court was hesitant to interfere with the detaining authority’s subjective satisfaction.

The decision of the Court:

The Court stated that based on the facts of the case and an examination of the law, the appellant could not be classified as a bootlegger. The Court decided that numerous instances could not designate a person as a bootlegger in this case because there is only one FOR connected to prohibition offenses.

The appeal of the Letters Patent has been granted. The learned Single Judge’s judgment and ruling in Special Civil Applications No.6853 of 2021, dated June 24, 2021, was quashed and set aside by the Division Bench and the appellant was ordered to be set free if not wanted for any other offense.

The present article has been written by Aathira Pillai.

The present article has been edited by Shubham Yadav, a 4th-year from Banasthali Vidyapith.

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Equivalent Citation

Criminal Writ Petition no. 6065 of 2019

Bench

Prithviraj K. Chavan

Date of judgment

30 September 2020

Act

Immoral Traffic Prevention Act, 1956

Facts

The complainant, who is a constable in the police, has approached the social service branch, Mumbai. Mr. Revle has secretly informed that a person Mr. Nijamuddin Khan, a pimp provides women for prostitution in Malad’s guest house. A trap has been set out for the raid in the guest house. The raiding team had arrested a client and victim girls and taken them into custody. The victim girls were produced in Metropolitan Magistrate (MM). They were allowed to contact their parents. In an inquiry it found that the victims belong to the Bediya community, the community has a custom that the girl after attaining puberty sent for prostitution. The victims’ parents were aware of their profession and they did not have a problem. The Magistrate has observed that the girls have not been sent to their parents because it is not safe. The court held that the victims need care and protection. Victims were directed to be detained in shelter homes. They were sent to ‘Nari Niketan’ for one year for shelter and vocational training. The MM order has been challenged and appealed in the session court. The appeal dismissed and confirmed the order passed by MM.

The issue before the court

Indulging in prostitution is not punishable under the Immoral Traffic (Prevention) Act, 1956, if the victims are not being forced.

The ratio of the court

Petitioners argued that the lower court’s interpretation of Section 17 of the Immoral Traffic Act is not correct. The victims could not be accused and prosecuted according to Sections 3 and 9 of the Immoral Act. The victims were indulged in prostitution because of their choice. They were not forced by someone. The law clarified by High Court that it does not criminalize sex workers and instead, it seeks to protect them. Sexual exploitation for commercial purposes like pimping and also soliciting or seducing in public places is prohibited under law. Running brothels or allowing prostitution from a place is also illegal. The law assumes that the persons offering their bodies in exchange for money are victims and not doing immoral acts. The Immoral Traffic (Prevention) Act, 1956 criminalize sexual exploitation and abuse of a person for commercial purpose and does not criminalize the commission of prostitution. The court observed that petitioners were indulging in the seduction of any person nor were they running a brothel to seduce a person. The Court has observed the order passed by MM because they belong to a particular caste but the magistrate ought to have considered their willingness and consent before detention. Victims have the right to reside at the place of their choice.

High court decision

The court observed that victims were not prosecuted under the Immoral Traffic Prevention Act so they cannot be detained in ‘Nari Niketan’ or any other institution. The Metropolitan Magistrate does not have the right to hold custody of the victims for more than three weeks in the absence of a final order which is due process of law. The purpose of the Immoral Traffic Prevention Act is prohibited where the victim is forced by a person or seducing any person in public places. But Act does not prohibit prostitution or punished prostitutes. There is no provision under law that criminalizes prostitution or punishes a person who indulges.

The present article has been written by Prachi Yadav, a 2nd-year student from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

The present article has been edited by Shubham Yadav, a 3rd- year student from Banasthali Vidyapith.

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