About the Facebook company

Facebook’s mission is to give people the power to build community and bring the world closer together. Through our family of apps and services, we’re building a different kind of company that connects billions of people around the world, gives them ways to share what matters most to them, and helps bring people closer together. Whether we’re creating new products or helping a small business expand its reach, people at Facebook are builders at heart. Our global teams are constantly iterating, solving problems, and working together to empower people around the world to build community and connect in meaningful ways. Together, we can help people build stronger communities — we’re just getting started.Facebook is committed to providing reasonable support (called accommodations) in our recruiting processes for candidates with disabilities, long term conditions, mental health conditions or who are neurodivergent, and to candidates with sincerely held religious beliefs or requiring pregnancy related support. If you need support, please reach out to accommodations-ext@fb.com

Facebook seeks a highly motivated, team player to serve as Lead Counsel, Litigation, Regulatory for India. You will manage significant and complex litigation matters and advise internal teams on legal risks. The role requires good judgment, a strong work ethic, and a keen interest in learning about new technologies and areas of the law. This is a great opportunity to join a growing legal team and to work on novel issues in a fast-paced, fun environment. This is a full-time position based in our office in Singapore or possibly in India.

Lead Counsel – Litigation, Regulatory Responsibilities

  • Supervise and direct outside counsel on multiple litigation matters
  • Provide support to internal teams on legal requests related to third-party content
  • Work with cross-functional teams on a range of issues, including data protection, policy, product, and regulatory issues
  • Develop creative approaches to managing legal risks and resolving disputes
  • Ensure work product of the highest quality that furthers Facebook’s strategic goals
  • Open to travel where possible as and when required

Minimum Qualifications

  • LLB, JD or equivalent degree and excellent academic credentials
  • Minimum of 5+ years experience at a law firm or in-house or working in a senior counsel’s office as a litigator
  • Familiarity with Internet laws and issues, including issues relating to online platforms and intermediary liability
  • Candidates must be flexible and willing to work on projects in other areas

Link to Apply-

https://www.facebook.com/careers/resume/?req=a1K2K0000030RovUAE

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WKtP

https://chat.whatsapp.com/L50d5azLS6iKdNw4bykY7Y

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

Facebook is seeking a talented, dedicated, and highly motivated counsel to work on Facebook’s Security and Law Enforcement Legal team, with a particular emphasis on India. The role requires the ability to work independently as well as effectively with large multi-stakeholder teams. We require an individual who is proactive, flexible, collaborative, diligent, and has demonstrated excellent legal and business judgment, strategic thinking, and solid communications skills. This position is a full-time position based in India. Lead Counsel, Security (India) Responsibilities

  • Develop and implement effective policies for processing legal requests and protecting user data
  • Advise on product developments and infrastructure projects, with specific focus on ecommerce/payments related products
  • Lead and execute criminal litigation strategy in relation to high-profile, precedent setting law enforcement matters
  • Develop strategic approaches to managing regulatory, criminal and policy legal risks and resolving disputes
  • Work closely with the company’s safety and security teams to protect the people who use our service from abuse
  • Support Legal and Public Policy teams’ engagement with regulators and legislators on safety and security policy
  • Collaborate with members of Public Policy, Legal, Community Operations, Product, Engineering and others on safety and security matters

Minimum Qualifications

  • 6+ years of relevant experience advising technology or telecommunications companies as in-house or outside counsel on regulatory, safety and security matters, investigations, policy and criminal process
  • Experience strategically managing and handling contentious regulatory issues and/or criminal matters
  • Experience working with cross-functional teams and influencing stakeholders
  • Team player who builds effective relationships and works well with others
  • Ability to think strategically to solve legal challenges with attention to detail
  • Positive attitude and flexible mindset

Preferred Qualifications

  • Experience regionally on issues pertaining to data protection and analogous international laws
  • Experience with Indian regulatory/criminal law
  • Experience providing guidance to providers in responding to law enforcement requests or criminal matters
  • Experience with Mutual Legal Assistance Treaty requests, Letters Rogatory, or other forms of international cooperation
  • Experience with criminal litigation
  • Regional experience engaging with regulators and legislators on regulatory, safety and security matters preferred
  • Experience and knowledge of telecommunication regulatory frameworks desirable but not essential
  • Experience with U.S. law, including the Stored Communications Act, Wiretap Act, Pen Register/Trap and Trace Statute

About the Facebook company

Facebook’s mission is to give people the power to build community and bring the world closer together. Through our family of apps and services, we’re building a different kind of company that connects billions of people around the world, gives them ways to share what matters most to them, and helps bring people closer together. Whether we’re creating new products or helping a small business expand its reach, people at Facebook are builders at heart. Our global teams are constantly iterating, solving problems, and working together to empower people around the world to build community and connect in meaningful ways. Together, we can help people build stronger communities — we’re just getting started.Facebook is committed to providing reasonable support (called accommodations) in our recruiting processes for candidates with disabilities, long term conditions, mental health conditions or who are neurodivergent, and to candidates with sincerely held religious beliefs or requiring pregnancy related support. If you need support, please reach out to accommodations-ext@arnettef683383

Link to Apply-

https://www.facebook.com/careers/resume/?req=a1K2K0000031PUGUA2

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WKtP

https://chat.whatsapp.com/L50d5azLS6iKdNw4bykY7Y

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

Introduction 

Every society has its rules and regulations to control crime and punishments for the violation of the law. Criminal Justice is the system of practices and institutions of government directions to control crime. Double jeopardy is also part of the criminal justice system. The double jeopardy concept came to the abolition of double conviction for the same offense. It is based on the legal maxim ‘Nemo debet bis vexari, si constat curice quod sit pro una it made causa’ means man cannot be punished twice if the court has convicted him for the same offense. This maxim is mentioned in Section 26 of the General Clause Act and Section 300(1) of CrPC. It also follows the “Audi alteram” that no person can be convicted for the same offense. The doctrine of double jeopardy is defined under Section 300 of CrPC. 

Under the Constitution of India

Double jeopardy is the fundamental right (Part III) under Article 20(2). Article 20(2) defines double jeopardy “no person shall be charged and punished again for the same offense.” The term prosecution has three essential components under this article. 

Three essential components of prosecution have: 

  • The person should be accused of an offence. The term an act or omission is punishable by law. 
  • There should be a proceeding and prosecution of the case before the court or judicial tribunal. The defence of double jeopardy is only for those cases that have been decided under the judicial tribunal.
  • When the tribunal accepts the administrative and departmental inquiry, these inquiries are not considered as proceedings of the court.

The Constitution of India is considered only autrefois convict and not autrefois acquit, which means the concept is for those a person is prosecuted and convicted by the court.

In the case, Maqbool Hussain v. the State of Bombay, the appellant came from abroad and brought some gold. He does not mention to the airport authority that he had brought gold. The customs authority impounded the gold under the Sea Customs Act. After some time, he was charged under the Foreign Exchange Regulations Act. The appellant contended that the second prosecution was a violation of his fundamental right, Article 20(2). The court held that the Sea Custom authorities are not a court or judicial tribunal. The prosecution under the Foreign Exchange Act is not a violation of Article 20(2). 

In this case, Venkataraman v. Union of India, the appellant, who was dismissed from her service after an inquiry by the Public Service Enquiry Act, 1960. Later, she was prosecuted under IPC and the Prevention of Corruption Act for corruption. The court held that the proceeding under the Enquiry Act did not amount to a prosecution. Hence, the second prosecution is not a violation of Article 20(2). 

Criminal Procedure Code

The concept of double jeopardy is defined under Section 300 of CrPC and its exceptions. 

  • Section 300(1) – It states that if any person is found guilty under the competent court and convicted for an offence, then a person cannot be acquitted for the same facts. The second trial against the person shall be for different facts or charges.  Illustration – if a person is convicted under Section 221(1) then in the second trial he cannot be convicted again for Section 221(2) of the same Act. 

This section does not include dismissal of a complaint or discharge of accusation. 

  • Section 300(2) – It states that if the person has committed many offences but was not tried in the first trial then he cannot be prosecuted for other charges in the second trial. It means that when a person is convicted in the first trial, he cannot be convicted under the same facts with another offence separately. Before the second trial of a convicted person then it is necessary to take the consent of the State government.
  • Section 300(3) – It permits the second trial of a convict in those cases where new facts came and those facts did not exist in the first trial. This section is applicable for a conviction not in acquittal offences. The case will be retried only in those cases where some facts relating to the case have not come before the court. 
  • Section 300(4) – This prescribes that after the new facts the person cannot be tried in the same court which does not have jurisdiction. The person shall be retried in a competent court which has jurisdiction. 
  • Section 300(5) – It states that if any person is discharged under Section 258 of CrPC (the court has the power to stop the proceeding of the case at any stage with judgment). The stoppage could be after recording the evidence of a witness, the decision of acquittal or release of the accused has the effect of discharge. A person shall not be tried again for the same offence without the consent of the court.
  • Section 300(6) – It states that Section 300 of CrPC shall not affect Section 26 of the General Clauses Act. Section 26 of the General Clauses Act prescribed that if the offence which is committed by the accused falls under two enactments then the accused shall be punished under one enactment. But the dismissal of the complaint and discharge of the accused is not an acquittal. Illustration – A tried for grievous hurt and was convicted. The injured person has died. Then he will be convicted for homicide.

Institute of Chartered Accountants of India v. Vimal Kumar Surana, in this case, the court held that if a person is convicted again for different laws, it cannot amount to double jeopardy. The defendant was charged under the Chartered Accountant Act. The court held that it did not mean he is convicted under the Chartered Accountant Act, so he cannot be convicted under the Indian Penal Code. The accused cannot take defense under Section 300 of Cr.PC because the accused is charged under two different laws.

Conclusion

The concept of double jeopardy protects the accused so that he should not be convicted twice. Double jeopardy is defined under the Constitution and Cr. PC. In the case, Kolla Veera Raghav Rao v. Gorantla Venkateswara Rao, the court held that clause 1 under Section 300 is wider than Article 20(2). Article 20(2) states only a person shall not be prosecuted twice for the same offense. Section 300(1) states a person shall not be tried and convicted for the same offense or same facts but a different offense. If a person is convicted twice for the same offense, it is a violation of the fundamental right. 

The concept intends to protect a person from multiple punishments for the same offense or to maintain the integrity of the justice system and to protect against the abuse of powers granted to criminal administration.

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

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

Latest Posts


Archives

Introduction:

Section 2 (b) of the Indian Contract Act, 1872 characterizes acceptance in these words: When one individual to whom the suggestion is made means his assent thereto, the recommendation should be recognized. An idea when perceived changes into an affirmation. In the declarations of Sir William Anson, Acceptance is to offer what a lit match is to a train of hazardousness. It produces something which can’t be checked on or fixed. However, the powder might have been laid till it has become moist or the person who laid the train might have pulled out everything except a lit match stick.

Definition:

Section 2(b) of the Indian Contract Act, 1872, defines an acceptance as “when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted becomes a promise”.

Communication of Acceptance

Method of Acceptance: 

For the present circumstance of communication of acceptance, there are two factors to consider, the technique for acceptance and a short time later the situation of it. Permit us first to examine the technique for acceptance. Acceptance ought to be conceivable two, to be explicit 

Communication of Acceptance by an Act: This would consolidate communication through words, whether or not oral or created. So, this will join communication through calls, letters, messages, sends, etc 

Communication of Acceptance by Conduct: The offeree can moreover pass on his acceptance of the proposal through some activity of his, or by his direct. So say when you board a vehicle, you are enduring to pay the vehicle cost through your direct. 

Timing of Acceptance: 

The communication of acceptance has two sections. Permit us to explore 

As against the Offeror: 

For the proposer, the communication of the acceptance is done when he places such acceptance over the range of transmission. After this it is out of his hand to renounce such acceptance, so his communication will be done then. 

As against the Acceptor: 

The communication in the event of the acceptor is done when the proposer acquires information on such acceptance. 

Revocation of Acceptance: 

Section 5 moreover communicates that acceptance can be disavowed until the communication of the acceptance is done against the acceptor. No repudiation of acceptance can happen after such date.

Again, from the above model, the communication of the acceptance is finished against A (acceptor) on the fourteenth of July. So, till that date, A can renounce his/her acceptance, however not after such date. So actually, somewhere in the range of tenth and fourteenth July, A can choose to disavow the acceptance.

Lawful standards with respect to valid acceptance and related cases

  1. Acceptance must be given to whom the offer was made.

An offer can be acknowledged simply by the individual or people to whom it is made and with whom it’s anything but an expectation to contract; it can’t be acknowledged by someone else without the assent of the offeror. 

Law and order are evident that “assuming you propose to make an agreement with A, B can’t substitute himself for A without your assent.” An offer made to a specific individual can be legitimately acknowledged by him alone.

Related Case:  Boulton vs. Jones

  1. Acceptance should be absolute and unqualified: 

To be authentically amazing it’s everything except an absolute and unqualified acceptance of a large number of terms of the offer. Surely, even the littlest deviation from the states of the offer makes the acceptance invalid. Basically, a wandered acceptance is seen as a counteroffer in law.

  1. Acceptance should be communicated in some standard and sensible way, except if the proposal endorses the way wherein it is to be acknowledged:

In case the offeror suggests no strategy for acceptance, the acceptance ought to be passed on by some norm and reasonable mode. The standard techniques for correspondence are by catching individuals’ discussions, by post, and by direct.

Exactly when acceptance is given by words communicated or formed or by post or wire, it’s everything except an express acceptance. Right when acceptance is given by the lead, it’s everything except a proposed or gathered acceptance. 

Recommended acceptance may be given either by doing some fundamental show, for example, following the lost items for the announced honor or by enduring some benefit or organization, for example, stepping in a public vehicle by a voyager. 

If the offeror embraces a strategy for acceptance, the acceptance given properly will probably be a significant acceptance, whether or not the suggested mode is entertaining. Thus, if an offeror underwrites lighting up a match as a strategy for acceptance and the offer as necessities be lights up the match, the acceptance is reasonable and complete. 

Regardless, what happens if the offeree gets sidetracked from the suggested mode? The reaction to this inquiry is given in Section 7(2) which communicates that in examples of diverged acceptances “the proposer may, inside a reasonable time after the acceptance is passed on to him, request that his recommendation will be recognized in the suggested way, and not something different; regardless, if he fails to do thusly.

Related case: Brogden v Metropolitan Railway

  1. Acceptance must be communicated:

For a proposition to transform into an understanding, the acknowledgment of such a proposition ought to be conveyed to the promisor. The correspondence ought to occur in the supported design, or any such construction in the normal course of business if no specific design has been suggested. 

Further, when the offeree recognizes the proposition, he probably understood that an offer was made. He can’t convey acknowledgment without data on the offer. 

So, when a proposal to supply B with items and B is satisfying to all of the terms. He creates a letter to recognize the offer yet fails to post the letter. So, since the acknowledgment isn’t imparted, it’s everything except substantial. 

Related case: Powell v. Lee 

  1. Acceptance must be given inside a reasonable time and before the offer lapses and additionally is revoked:

To be really amazing acknowledgment ought to be given inside the foreordained time limit, expecting to be any, and if no time is determined, acknowledgment ought to be given inside a sensible time considering the way that an offer can’t be kept open uncertainty (Shree Jay a Mahal Cooperative Housing Society versus Zenith Chemical Works Pvt. Ltd.). 

Again, the acknowledgment ought to be given before the offer is disavowed or passes by reason of the offeree’s data on the death or franticness of the offeror. 

Related case: Ramsgate Victoria Hotel Co Vs Montefiore 

  1. Acceptance should succeed the offer: 

Acknowledgment ought to be offered to result in getting the offer. It should not go before the offer. In an organization, shares were circulated to a not applied for singular them. Henceforth, he applied for shares being oblivious to the past conveyance. It was held that the assignment of offers past to the application was invalid. 

Examples: a piece of offers past to application invalid

  1. Rejected offers can be accepted just, whenever recharged:

Offer once dismissed can’t be acknowledged except if a new offer is made. 

Related case: Hyde v. Wrench 

Conclusion: 

Assessment of offer and acceptance is a standard contract law method used to assess whether a two-party game-plan exists. An offer means that their capacity to surrender to explicit terms beginning with one individual then onto the following. Accepting there is an express or proposed course of action, a contract will be outlined. A contract is said to seem when the acceptance of an offer has been encouraged to the offeror by the offeree. 

when the offeree to whom the proposal is made, really recognizes the offer it will amount to acceptance. After a special offer is recognized the offer transforms into a guarantee. 

The correspondence of the offer will be done concerning the data on the person to whom the offer is made and the correspondence of the acceptance will be done when the acceptance is put in a course of transmission to the offeror. Thus, offer and acceptance are the central parts of a contract and in any case, it should be done dependent on one’s total opportunity and complete goal on shutting a legally definitive game plan. 

A legitimate acceptance should be in similarity with the accompanying standards. Without having great article end models before your eyes, it is hard to wind up the creative cycle on an incredible note. Acceptance should be clear and unambiguous. Finish the Contract on the Ground of the Offer, Fixing the Term of Acceptance. of the relative multitude of terms of the offer, and with no condition.

The article has been written by Vrunda Parekh, a first-year law student at United World School of Law, Karnavati University.

The article has been edited by Shubham Yadav, a fourth-year law student at Banasthali Vidyapith.

Latest Posts


Archives

Introduction

Long years back, during the ancient era of 1900 BCE in Babylon, if a man forced his sexual pleasure on someone’s wife or daughter is sentenced to death on the grounds of vandalizing someone else’s property. And in other parts of the ancient world, the laws defined rape as a property crime against the husband or father than the woman herself. Later during the 17th century, the Qing dynasty or British Empire had started to state rape as a crime against the woman herself but it was on the grounds of violation of her sexual purity. Due to the growth of middle-class mentality and Victorian morality in the age of 18th and 19th centuries, the accentuation on woman’s virginity had started increasing and rape was thus termed as a threat faced by women outside her household and it was made as a responsibility for the father and the brother to protect her from that. And it was from this basis the Indian penal code of 1860 had got its origin where article 375 considered rape as a crime done against women. From considering women as a commodity to an individual, our law had moved a lot forward but still in all these aspects we consider rape as a threat from the outside. And it is considered as not possible in a marriage because at the end of the day the wife is a husband’s property and he has a monopoly over her to do whatever he wants. Even though rape is considered as a threat to the individuality of a woman, our law fails to view rape in a marriage as a threat to the individual but as a right of an owner over his slave. As the feminist movements all over the world are asking women to report rape cases even if the perpetrator is strong or influential.  But in India, it still continues to uphold a man’s right to rape a woman when they are married.

Definition Of Marital Rape

The word marital rape is defined as an act of forcing the spouse into sex without her consent. The lack of proper consent is an important aspect in the case of marital rape and no physical violence should be exerted over the spouse. Marital rape is considered a form of sexual abuse and domestic violence.

Social And Legal Status Of Marital Rape In India

Even though rape is considered as an attack over a human being’s individuality in our statute but the mentality towards rape in India considers it as an injury of the victim’s family honor. Domestic violence is a deeply established issue in India. The national crime records bureau’s “crime in India 2019” report discovered that in India 70% of women are victims of domestic violence. Domestic violence can occur in different forms. One such embodiment of domestic abuse is marital rape. In this 21st century, over 100 countries impeached marital rape but in India, it’s still legal for a husband to rape his wife. Even though lots of amendments have occurred in criminal law as a result of feministic movements like:

  1. The criminal law (second amendment), 1983
  2. Amendment to Indian Evidence act, 2002
  3. Protection of children from sexual offences(POCSO), 2012
  4. Criminal law (amendment) law, 2013

The non- penalization of marital rape undermines the rights and dignity of women as human beings. Rape which is referred to as a crime under article 375 in the Indian penal code, 1860 includes all forms of sexual abuse without the consent of the woman. The non- criminalization of marital rape in India originated from exemption 2 to section 375 where it exempts unwilling sexual relationship between a husband and a wife over fifteen years of age. This proves that in India the wife is presumed to deliver “implied consent” to have sex with her husband after their marriage. Our society still considers women as property over which a man first as her father then as her husband has a monopoly on and fails to accept a woman as an individual who is entitled to have agency or autonomy over her body and individuality. It’s not only the social mentalities that are demeaning but also the legal approach towards it is quite disheartening. 

“However brutal the husband is when two people are living as husband and wife can sexual intercourse between them rape?”

  • These are lines stated by our former honourable chief justice sharad arvind bobde while dealing with a case of marital rape. It is not a unique or a single case but there are multiple petitions filed regarding marital rape. In Arnesh Kumar Vs. state of Bihar [1], the Supreme Court stated that penalising marital rape can lead to the collapse of social and family systems. 

The all-India democratic women’s association had filed a PIL in Delhi court in January 2015 stating penalization of marital rape but due to the covid-19 pandemic, the PIL is getting delayed. A bill named “women’s sexual, reproductive and menstrual rights, 2018” was introduced by MP Shashi Tharoor in parliament but later failed to garner maximum support from the house. In India, we mostly consider rape as a threat to honor or chastity of the woman or her family and we fail to regard it as harmful to a person’s individuality and dignity. That is the reason behind the belief that getting the victim married off to the perpetrator can save a woman from losing her honor. The Supreme Court had asked the rapist to marry the victim while they were dealing with the bail request filed by Mohit subash Chavan, a technician with the Maharashtra state electric production company. He raped a 16-year-old minor who was his distant relative. This seems to be like romanticizing the relationship between a victim and a culprit. In any relationship, the key aspect is respect for each other. No one has authority over anybody. All these mentalities arise from our social conditioning where we are constantly conditioned as a woman is the responsibility of a man. All will get altered once we start respecting an individual’s personhood, choices, desires, and consent.

Legal And Constitutional Rights And Provisions Regarding Marital Rape

Most of the time the victims withdrew themselves from filing a complaint against the culprit because of the fear of breaking the marriage, societal pressure, children, etc. even though marital rape is not criminalized but it actually violates several existing rights of a citizen. While raping an unmarried woman is termed a crime, raping a married woman is considered to be legal. This shows an inequality among the individuals on the basis of their marital status thus violating the norms of article 14(right to equality). It also questions the purpose of article 375 where it promises protection and justice for women from sexual exploitation but it fails to protect a married woman from the consequences of marital rape where it is difficult for her to come out of such a relationship when the wife is both legally and financially bonded to her husband. The norms regarding marital rape also harm the real ideology of Article 21. In article 21, the constitution guarantees the right to health, dignity, privacy, safe living conditions, etc.  In the case of the state of Karnataka vs. krishnappa [2], the Supreme Court stated that sexual assault apart from the dehumanizing acts is an unlawful invasion into the right to privacy of the woman. The court also held that sexual intercourse without consent accounts for physical and sexual violence. In the case of suchita Srivastava vs. Chandigarh administration [3] states that every individual has the right to make decisions or choices regarding sexual activity and equates it with personal liberty, privacy, dignity, and integrity.  Under justice K.S. puttaswamy vs. union of India [4], the supreme court of India mentions the right to privacy where it also includes the ability to make intimate decisions. Under all these cases the Supreme Court had recognized the right to abstain from sexual activity for all women irrespective of their marital status. Now dealing with the remedies for marital rape, the possible remedy which can be provided is the protection of women from the domestic violence act, 2005. This act states forced sexual intercourse as an act punishable under Indian law. Section 498A deals with punishment of three years and a fine for cruelty committed against a woman by her husband or his relatives. However, a magistrate can’t punish a husband by stating he raped his wife. Still, the idea of marital rape is stuck in the patriarchal ideology. We need to walk a long way ahead to realize that consent is important in every relationship.

The Future Aspects Of Marital Rape

 For India as a developing country, marital rape still being legal is a great threat to its social development. From women considered as commodities with mere rights to individuals with equal rights and responsibilities, we had moved a lot forward. But considering a married woman as a husband’s property is more like going back to our old belief system. There are certain steps taken at both the global and national levels to protect and provide a safer place for every woman from their abusive spouses. The United Nations declaration on the elimination of violence against women had released their comment on harassment against women as:

“Any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”.

UN committee on the elimination of discrimination against women (CEDAW) had advocated the Indian government to penalize marital rape. The JS Verma committee was set up as a result of the massive nationwide protests over the Delhi gang-rape case held on December 1, 2012.  The criminalization of a crime like marital rape can not only protect women from an abusive relationship but can also make society understand that marital rape itself is a crime and no woman is anyone’s commodity but an individual who has the right to live her life with dignity and choices.

Conclusion

Marital rape is a menace towards a woman’s dignity and criminalization of it will be a fight against the notion of marital sanctity that is based on the subjugation of women. It challenges the age-old rape culture that denies a woman her basic rights, dignity, respect, and autonomy over her own body.

The article has been written by Nourien Nizar.

The article has been edited by Shubham Yadav, a law student from Banasthali Vidyapith.

Latest Posts


Archives

Join GoodWorker and be part of a team who gives millions of people in India control of their livelihoods.
 
Millions of skilled workers in India continue to face major challenges finding employment in India. Workers are inevitably reliant on intermediaries, who often fail to deliver on skill-matching and long-term growth prospects for workers.

For the first time ever, we are providing workers in India with a digital, verified biodata through the Good Worker platform. Workers in India can now be empowered to find jobs more easily, secure their livelihood and establish a formal career. At the same time, employers will also be able to enjoy improved efficiencies and cost benefits in hiring the right worker.

Good Worker is built on Affinity, an open and interoperable ecosystem that enables users to have control and ownership over their data. Both Good Worker and Affinity are seeded by Temasek, a global investment company headquartered in Singapore.

We are looking for a world-class team to build and scale our startup to reach several million workers by 2025. This role at Good Worker provides a unique opportunity for a high performing individual to have broad impact. You will work closely with a talented and diverse group of engineers, product managers and industry experts.

Our legal team is in search of a corporate lawyer to handle a wide range of legal issues that arise from business operations, sales and marketing along with employee matters. This role will also to set up legal processes and policies for the Indian businesses.

In this position, working from Bangalore, you will be reporting to Director-Legal. This role will closely collaborate with several internal teams so as to help identify risks and thereafter work on mitigating such risks. This role will advise the business in alignment with our commercial, corporate and strategic objectives, and risk profile, in a manner that supports the business objective while simultaneously also being the gatekeeper.

Primary roles and responsibilities:

  1. Drafting, reviewing and negotiating customer contracts to ensure contracts protect GW/ Affinity.
  2. Drafting, reviewing and negotiating a variety of commercial agreements.
  3. Being responsible for management of the full contract/ deal lifecycle, including communicating status of the contracts. 
  4. Overseeing approvals from the relevant teams (such as sales, finance, tax, insurance, technology, security etc) and working with them to close the contracts.
  5. Analysing requests/ communications from the customers and candidates to provide legal advice. Providing legal advice and responding to queries relating to customer or candidate contracts including prosecuting litigation if required. 
  6. Advising on legal rights, working closely with business to provide strategic legal guidance. 
  7. Providing ancillary advice for sales on various issues including early contract terminations, novations, price changes, renewals, amendments, customer tights and ensuring all modifications are documented properly.
  8. Conducting due diligence and working on M&A transactions.
  9. Working with and managing external counsel as and when necessary, provide local law input as required to support business activities. Providing guidance and support to the regional businesses. Collaborate with regional teams with a unified approach.
  10. Identify opportunities or potential risks to GW’s or Affinitiy’s business. 
  11. Working closely with the senior members of the legal team to implement and drive initiatives. Maintaining existing deal databases ensuring clear and concise updates for operational excellence.
  12. Being sensitive to and staying updated on law in order to contribute to, impact on analyse opportunities and issues.
  13. Conducting presentations, training and educating the business team on risk mitigation strategies.
  14. Supporting ongoing transactions, working with corporate and real estate teams, help business teams scale business. 
  15. Collate and communicate knowledge amongst the team members and also the business teams as necessary. 
  16. Functioning as part of the wider global legal team housed under Lemmatree, including engaging with other departments, providing input, undertaking any global projects, initiatives, deals, corporate or other commercial transactions as maybe as may arise or as may be assigned.

Required qualifications:

  1. 3-5 years PQE lawyer with a solid law firm experience. The role will be adjusted as Manager/ Senior Manager Legal, depending on the selected candidates qualifications and experience. Some in-house experience is preferred but not necessary.
  2. Being adaptable, flexible, pragmatic and solution oriented. Must be willing to work in the digital and information age and should be prepared to use technology tools. 
  3. Should articulate, with great communication drafting skills and is highly effective in English. 
  4. Should be proactive, resourceful, independent, organised, team player, able to prioritise effectively to meet deadlines, address risk, achieve results, should have strong interpersonal skills and an ability to foster/manage relationships across multiple departments.
  5. And most importantly, should be easy-going, fun-loving with passions outside of work.

Equal Opportunity Statement


Our company embraces diversity in all of its forms and fosters an inclusive environment for all people to do the best work of their lives with us. 

We’re an equal opportunity employer. All applicants will be considered for employment without attention to ethnicity, religion, sexual orientation, gender identity, family or parental status, national origin, veteran, neurodiversity status or disability status.

Link to apply-

https://boards.greenhouse.io/goodworker/jobs/4574882003

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WKtP

https://chat.whatsapp.com/L50d5azLS6iKdNw4bykY7Y

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

Amity Law School, Amity University Madhya Pradesh is organizing their 1st National Mediation Competition, scheduled to be held on 16th- 17th September, 2021.

About Amity University Madhya Pradesh

Amity University Madhya Pradesh has been established by the Ritnand Balved Education Foundation (RBEF), New Delhi which is a society registered under the Societies Registration Act, 1860.

It was established with the view to promote professional, industry-oriented education in the state of Madhya Pradesh.

About the Competition

Amity Law School, Amity University Madhya Pradesh is organizing the 1st National Mediation Competition, 2021 to offer law students across the country an opportunity to cultivate and enhance their mediation and negotiation skills. The objective of this event is to promote the spirit of amicable resolution of disputes and aims to foster an environment for law students to learn and develop their skills in mediation.

General Information

  • Date:  16th- 17th September, 2021
  • Teams: Each participating team shall comprise of 3 members in which one (1) member shall be designated as Mediator, one (1) member as Client and one (1) as counsel.
  • Official Language: The official language for this Mediation Competition shall be English.

Eligibility Criteria

  1. Participants must be students of three years and five-years law and students pursuing PG course from any University, Law School/ College/ Department/ Faculty recognized by the Bar Council of India can apply for the Competition.
  • There is no cap on the number of teams that may participate from an Institution.

Language of the Mediation Competition:

The official language of the Mediation Competition is strictly English. Communication in any other international, national or regional language during the Mediation Competition shall not be permitted.

Date and Mode

The Mediation competition shall be conducted on 16th- 17th September, 2021 via online mode.

Registration Details

The online google form to register with Payment link is given here:

https://forms.gle/3yLAvrnSxN8dbsL37

Deadlines:  The last date for registration is 11:59 p.m., 2nd September, 2021.

Fee Details

The registration fee shall be INR Rs. 600/- (six hundred only) for each team. The registration fee shall be non-refundable and non-transferable.

Prizes

  1. Best Mediating Pair- INR 4100/- (Four Thousand One Hundred Only).
  • 1st Runner up Mediating Pair- INR 2100/- (Two Thousand One Hundred Only).
  • Best Mediator- INR 4100/- (Four Thousand One Hundred Only).
  • 1st Runner up Mediator- INR 2100/- (Two Thousand One Hundred Only).

Contact Information-

Shivam Bhadoria: +91 9039627735

Sakshi Aggarwal: +91 7007227873

Harsh Jha: +91 8305226044

CLICK HERE FOR BROCHURE

CLICK HERE FOR RULEBOOK

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WKtP

https://chat.whatsapp.com/L50d5azLS6iKdNw4bykY7Y

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

Job description

At EY, you will have the chance to build a career as unique as you are, with the global scale, support, inclusive culture and technology to become the best version of you. And we are counting on your unique voice and perspective to help EY become even better too. Join us and build an exceptional experience for yourself, and a better working world for all.

Role name and description

Associate – Contract Drafting

The CLM team provides end-to-end assistance on all types of commercial contracting to the legal and business teams of large MNCs and law firms. The Pre-execution arm (or Drafting team) is set up to function as an extension of the in-house legal team and assist the contracting process from the point business requests a contract, to when the contract is approved and signed. We review and negotiate transactional contracts based on our client’s organizational policies and guidelines, get the necessary approval and get the contracts signed. Complexity or deal value are not a bar in any sense for us – we provide these services for contracts ranging from bespoke and complex to more standardized or even related administrative work. Our Post-execution arm (or Abstraction team) support the due diligence of transactions contract through abstraction, summarization and risk analysis. This is critical to clients in M&A situations or to get an insight into their risk profile or just to ensure better day-to-day business operations. We also work in collaboration with various client stakeholders and key decision makers to operationalize legal functions for large MNCs through automation and process engineering.

The opportunity

We work with clients across industries and business lines that cover direct procurement, indirect procurement, sales and other ancillary functions

Your key responsibilities

  • Perform First Line Review of contracts, e.g. Patent License Agreements, IT Procurement Agreements, Web Hosting Agreements, Confidentiality Agreements, Software and Data License Agreements, Non-Disclosure Agreements, Vendor Services Agreements, Master Services Agreements, Statements of Work, Purchase and License Agreements, Sponsor Research Agreements, Inter Institutional Agreements, Supply and Distribution Agreements, Staffing, Consulting and Teaming Agreements, Lease Agreements, Estoppels and SNDAA and other commercial contracts.
  • Assist senior team members in negotiating contracts for our clients from various sectors  such as Banking, Telecom, Healthcare, Aerospace, Heavy Industries, Manufacturing Companies, Finance Company, Human Resource Solutions and IT Services Industry, Universities, Film Production House, Global Web hosting Company, Power Management Company etc.
  • Contribute towards the creation of project playbooks and other knowledge tools to successfully meet client expectations.
  • Draft responses to parties’ stand to ensure conformity to client specifications to ensure best representation of client requirements in agreements to be reviewed by senior.
  •  Accompany Senior for client/customer negotiation calls and prepare call notes.
  •  Act as a team player while working with a team of lawyers within the organization as well as the clients’ legal representatives and business team on projects involving the agreements described above.
  • Provide professional, timely, and prompt service and responses to the Delivery Managers so that they can support the client contact and the sales team 
  • Attend and participate actively in mandatory and non- mandatory training and certification courses.
  • Confirm to deadlines on client deliverables without delays and renegotiate deadlines (when necessary) well in advance of the originally scheduled deadline; escalate client issues promptly and appropriately; consistently complete real time client call notes.
  • Associates are lawyers who understand the basic contractual and legal concepts, and are able to interpret, and review the contracts. They are also expected to have good verbal and written communication skills.  Associates typically comprise the first stage of the contract review process.

Responsibilities, Qualifications, Certifications – Internal

Skills and attributes for success

  • Good analytical & logical skills.
  • Knowledge of English/Grammar enabling efficient comprehension of clients’ documents, codes, abstracts and other deliverables
  • Good written and verbal communication skills
  •  Attention to detail
  • Must be computer savvy and able to learn and adapt to different client respective processes in order to be able to function smoothly and integrate with the client’s system.
  • Responsiveness – Sensitive to client deadlines
  • Team Player – Ability to co-operate and work as a team member and encourage colleagues, maintains positive attitude, contributing to team morale


To qualify for the role, you must have

  • Bachelors/Master’s degree and Law degree (LLB or LLM) from accredited, reputable institutions
  • Attorney with 0-2 years of relevant contract review, redlining and negotiation experience (preferably in a multinational corporation, in-house legal team or law firm handling similar work)

Ideally, you’ll also have

Contract Lifecycle Management technology is attractive, but not essential.

What we look for 

We look for candidates with proven capabilities in driving multiple projects, with exception client management and project management experience

What we offer

EY Global Delivery Services (GDS) is a dynamic and truly global delivery network. We work across six locations – Argentina, China, India, the Philippines, Poland and the UK – and with teams from all EY service lines, geographies and sectors, playing a vital role in the delivery of the EY growth strategy. From accountants to coders to advisory consultants, we offer a wide variety of fulfilling career opportunities that span all business disciplines. In GDS, you will collaborate with EY teams on exciting projects and work with well-known brands from across the globe. We’ll introduce you to an ever-expanding ecosystem of people, learning, skills and insights that will stay with you throughout your career.

  • Continuous learning: You’ll develop the mindset and skills to navigate whatever comes next.
  • Success, as defined by you: We’ll provide the tools and flexibility, so you can make a meaningful impact, your way.
  • Transformative leadership: We’ll give you the insights, coaching and confidence to be the leader the world needs.
  • Diverse and inclusive culture: You’ll be embraced for who you are and empowered to use your voice to help others find theirs.

EY | Building a better working world 

EY exists to build a better working world, helping to create long-term value for clients, people, and society and build trust in the capital markets.  
 
Enabled by data and technology, diverse EY teams in over 150 countries provide trust through assurance and help clients grow, transform, and operate.  
 
Working across assurance, consulting, law, strategy, tax, and transactions, EY teams ask better questions to find new answers for the complex issues facing our world today.  

Link to apply-

https://careers.ey.com/ey/job/Mumbai-Contracts-Drafting_Staff-MH-400072/703778701/?feedId=337401&utm_source=LinkedInJobPostings&utm_campaign=j2w_linkedin

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WKtP

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About Zeta

 Zeta is a modern banking tech company providing a Unified Stack, for banks comprising modern credit and debit processing, core and mobile experiences. Zeta provides its products to banks and fintechs globally. Co-founded in April 2015 by Bhavin Turakhia (CEO) and Ramki Gaddipati (CTO), the company currently has over 750 employees across its offices in the US, UK, Middle East, and Asia.
Learn more @ www.zeta.tech or follow us on TwitterFacebook and Linkedin.

Role

As an [Senior Associate/Associate] – Legal, you will be primarily responsible for –
* Contract Drafting, Review and Negotiation– Drafting (both internally and with the assistance of external counsel) well thought out and structured, exemplary contracts for global relationships with customers for Zeta’s Software as a Service, Professional Services and Platforms

– Assist with the review and/or drafting of other agreement types which include but are not limited to corporate services contracts, hardware and software licenses, statements of work (SOW) with vendors and partners, HR related agreements, non-disclosure agreements and possible Mergers, Acquisitions and Investment related agreements. 

– Creating drafts for global partnerships with networks, vendors, analysts

– Reviewing drafts from the team / external law firms to ensure clean, modular, well structured, comprehensive and balanced contracts- Reviewing contracts from external vendors and third parties

– Negotiating the above mentioned agreements where required and making relevant changes while efficiently balancing risk, fairness and deal closure timeframes in all contract negotiations

– Managing Zeta’s contracts and providing contract support during the life cycle of such contracts with the assistance of licensed CLM Software.

* Global compliances – Assist with and manage Zeta’s employment contracts and compliances across 10+ countries- Assist with and manage Zeta’s ESOP and equity grant plans and compliances- Assist with and manage corporate governance in conjunction with finance team across our subsidiaries and JVs in 10+ countries

* Regulations – Study and acquaint yourself with financial, banking, corporate law and commercial regulations in 20+ countries. 

– Coordination with internal Zeta teams to ensure that the Zeta platform is compliant with all applicable regulations

– Research and knowledge development with regard to legal and regulatory guidelines around intellectual property, contract law and interpretation, breaches of contract and remedies for such breach, contract compliance requirement, data protection laws etc.

– Conduct research on new regulations and legal regulatory frameworks of new domains of business and providing advice on regulatory requirements, legal risks and risk mitigation strategies

* Legal Function – Work as a part of a team and contribute towards projects by setting up policies and processes for legal risk identification and mitigation.

– Prioritize and manage business stakeholders and workload effectively, with quick turn-around time requirements. 

Candidate Skills & Attributes

Education* Graduate of a top law school, licensed and in good standing

– BSc/BBA/BA LLB degree in Law or J.D. degree

– Master’s Law degree from Premier Institutes (Optional)* MA or BSc in Business Administration is optional*

– Knowledge / Certification / Academic qualifications in information technology / systems would be good


Skills and Experience*

  • 5+ years experience in contract drafting and negotiation, with the ability to apply business/commercial context when required, ideally within a law firm for disparate global customers*
  • Adequate experience in working with technology companies including but not limited to fintech companies, preferably B2B SaaS*
  • Expert knowledge of Applicable Laws such as Information Technology laws, Data Privacy laws, Corporate law etc*
  • Working understanding of IP Protection processes including patents, trademarks, copy rights* Should have strong communication skills, immaculate negotiation skills, show enthusiasm towards their work and possess a keen interest in understanding business requirements and manage quick turn-around times.

For more details and applying, visit-

https://jobs.lever.co/zeta/2fa22a28-01c6-4fc4-95cb-22f22bcf94ad?lever-source=LinkedInJobs

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WKtP

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About the Company

Water And Shark (W&S) is a Network of Independent Global Accounting,Consulting and Legal Firm. We at W&S work consistently towards building a consultancy firm that is dynamic, innovative, and firmly grounded. We adhere to the principles of trust and transparency. Our goal is to go the extra mile and to help nurture businesses through a personalized approach in addition to our regular services.

W&S, a standalone firm that was incepted by its founder when he was merely 19 years old has grown into an established & reputed global network today. Today W&S has expanded across 4 continents within a period of 7 years. With each passing day, we are getting closer to our vision of becoming an industry- standard in the consultancy segment.

All this has become possible through the efforts of an expert, efficient, and dedicated W&S team that has been a backbone and part of the growth vision. A team that works relentlessly to create a pleasantly memorable experience for our clients. Our services are reflective of our commitment, our dependability, and our passion.

With core principles such as integrity, accountability, diligence, perseverance, and discipline imbibed in its DNA we at W&S believe in creating a culture, which is innovative, value-based, and transparent for all our Stakeholders.

About the job

We are searching for an Assistant corporate lawyer in our firm who would report & work under the directions of our Senior Corporate Lawyer to handle all our Clients’ legal transactions, partnerships, and projects. The successful candidate will have the willingness to learn and grow in our organization

Responsibilities

• Assisting in preparing the appropriate legal documents (drafting of various Agreement like SHA, Term Sheet, partnership, JV, Real Estate, & various other Civil Contracts)

• Assisting in Designing and overseeing the Client’s policy and position on legal matters.

• Assisting in guiding the Client management on regulatory and compliance issues to ensure compliance with legal regulations.

Requirements

• Bachelor’s degree in law.

• A minimum of 1-year experience in corporate law.

• Excellent communication skills, both verbally and in writing.

How to Apply?

https://www.linkedin.com/jobs/view/2371649396/

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WKtP

Telegram:

https://t.me/lexpeeps

LinkedIn:

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