LEXPEEPS editor – Page 342

Case Number:

Civil Appeal No. 3717 of 1982, arising out of SLP (Civil) No. 8056 of 1981

Case Citation:

(1983) 1 SCC 22 : 1983 ALJ 488 : AIR 1983 SC 523

Bench:

D.A. Desai and R.B. Misra

Decided On:

18 November 1982

Section:

Section 32(1)(b) of the Indian Partnership Act, 1932

Section 32 of the Indian Partnership Act, 1932 deals with the retirement of a partner. Section 32(1)(b) has provided for the retirement of a partner in accordance with an agreement. According to this, a partner may retire if there is an express agreement between the parties for the same.

Facts of the Case

The plaintiff-appellant had filed a suit in the Trial Court for the dissolution of the partnership firm and also for the rendition of the accounts of “Shyam Bricketing Udyog”. The firm was situated in Etah in the state of Uttar Pradesh. which was also the principal place of business of the firm. The trial court granted the relief of dissolution effective from 23 November 1976 and also passed the decision in favor of rendition of accounts. The respondents-defendants were not pleased by this and approached the High Court. The High Court allowed the suit and set aside the concurrent findings. The High Court dismissed the suit of the plaintiff along with the costs. Thus this appeal is by special leave.

The plaintiff had filed a suit for the dissolution of the firm and rendition of accounts. He alleged that the partnership was at will and that the firm had been dissolved on 23 November 1976 by notice. The respondents argued that the partnership wasn’t, in fact, a partnership at will.

Issues before the High Court

Whether the partnership was a partnership at will
Whether the respondent (now appellant) was entitled to retirement or dissolution of the firm itself.

After listening to the arguments of both sides and after a thorough discussion, the High Court held that the partnership wasn’t a partnership at will. This court shall not take up the first contention and only take up the second contention.

The present issue before the Court

Whether the appellant is entitled to retirement or the dissolution of the partnership itself.

The ratio of the Bench

The two-judge bench of the Supreme Court did a thorough reading of Clauses 18 and 20 of the instrument of Partnership. The bench also discussed Section 32(1) of the same. Upon reading Clauses 18 and 20 the court observed that a partner can in fact disassociate from the firm. In the same way, Section 32(1)(b) provides for the retirement of a partner in accordance with the terms of the partnership The bench held that the High Court made an error and did not view the plaintiff’s contention from the correct angle. The High Court went into the appreciation of the contention as a breach of contract and did not go into the absolute right to retire from a partnership conferred by Clause 18.

The court upon a combined reading of the Clauses 18 and 20 observed that there was no bar on the right to the retirement of a partner within one year of the commencement of the partnership and that there was only a consequence to such an action. The consequence is that the capital shall not be refunded until the expiry of the period of one year.

The decision of the Court

The two-judge bench of the Supreme Court decided that the plaintiff had retired from the partnership and that such retirement is effective from the day of the institution of the suit.

They held that the partnership is not dissolved and that the accounts shall be taken up to and inclusive of the day which precedes the institution of the suit.

The case analysis has been done by Om Gupta, a first-year law student pursuing BBA-LLB from the University School of Law and Legal Studies.

The case analysis has been edited by Shubham Yadav, a 4th year Law student at Banasthali Vidyapith, Jaipur.

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Regulatory Research & Monitoring attorneys, at an associate level, must have a general understanding of basic legal concepts. They should have the ability to understand and analyze the issue of law. These attorneys should be well versed in research, should know where to find the most up-to-date regulatory and statutory developments using Westlaw/similar legal databases and/or through internet searches, and to analyze case law. They should have the ability the present their findings succinctly on Excel or Word or any other format, as required. These lawyers must have exceptional writing and analytical skills. Moreover, they should show a constant zeal and desire to learn. They should escalate important questions to their senior team members. They should have professional language proficiency in English.

Job Description

The primary responsibilities include:

Applies themselves to understanding the underlying issues of a project.
Follows step by step process of researching the issues and presenting the findings in the desired format.
Understands legal writing and uses appropriate and pre-discussed formatting while presenting their findings.
Interprets statutes and regulations correctly.
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Scope

Entry level contributor responsible for working within the project scope and budget.
Accomplishes work with low to moderate supervision.
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).
Should bond well with the team and ensure a healthy work environment.
May have to interact directly with clients on small research requests and hence, must be proactive in tracking the hours and budget.

Responsibilities, Qualifications, Certifications – External

Skills:

Ability to identify statutes and regulations applicable to the given legal issue
Ability to interpret and summarize statutes and regulations
Excellent analytical and logical skills
Good writing skills
Attention to details
Must have a working knowledge of legal databases
Basic knowledge of MS Excel and Word
Effectively communicating results/findings of work in all mediums (verbal and written)

Behavioural Competencies:

Ability to understand instructions regarding legal research and follow the established methodology
Adaptive to team and fosters collaborative approach
Innovative approach to the project, 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
Language capabilities – Professional proficiency in English

Location

Noida/Mumbai/Bangalore

Remuneration

Commensurate with industry standards

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About BT

BT has a key role in British society, fostering change and leading technology innovation. From delivering the Olympics, to supporting the emergency services, to investing more into research than any other UK technology company, we take pride in everything we do – and in the people who work here.

We’re now a global company operating at the forefront of the information age, employing 90,000 people in 180 countries. And we’re on a mission. Guided by our core values of Personal, Simple and Brilliant our goal is to help customers, communities and businesses overcome barriers and release their potential.

So, if you’re interested in the power of potential, why not join us today and release yours? You can read more here about what it’s like to work at BT

About this role

To provide legal leadership and first-class commercial, legal, regulatory, compliance and contractual advice and solutions for all BT business in India. Support on other India legal matters may be required from time to time.

You’ll have the following responsibilities

authorise commercial bids and deals and provide legal sign-off based on assurance of compliance with laws and bt trading policies

participating in key management committees and advising the India businesses on all key legal, regulatory and compliance matters;

Create a compliance framework for labour and employment laws and changes in the law

handle litigation and provide litigation advice in all jurisdictions in india

Engage with stakeholders in driving implementation of employment and labour law compliance frameworks

Advice HR on process and mitigation in dealing with grievances, enquiries, investigations, and sanctions

Connected leaders behaviour –

Team coach
Collaborative partner
Solution-focused achiever

Key Decisions

authorise commercial bids and deals and provide legal sign-off based on assurance of compliance with laws and bt trading policies

participating in key management committees and advising the India businesses on all key legal, regulatory and compliance matters;

Create a compliance framework for labour and employment laws and changes in the law

Engage with stakeholders in driving implementation of employment and labour law compliance frameworks

Advice HR on process and mitigation in dealing with grievances, enquiries, investigations, and sanctions

You’ll have the following skills & experience

Extensive knowledge of commercial contracting law and practice, industry practices and standards, working with cross-border transactions

Negotiation experience with complex transactions involving multi jurisdictional service delivery (including high value deals)

Working with multiple stakeholders and teams across jurisdictions

Extensive knowledge of employment and labour laws. advising hr and business on interpretation and implementation of labour laws

Experience you would be expected to have

MANDATORY:

advising HR in labour compliances and in drafting HR policies with particular focus on proximate risks to the business (Mandatory)

Strategise and manage litigation and approach to disputes in collaboration with internal stakeholders and external counsels (Mandatory)

manage/develop training programs for stakeholders on various compliance obligations and frameworks (Preferred)

engaging with third parties including government and law enforcement authorities to ensure effective management and mitigation of operational risks in India (Mandatory)

negotiating and delivering commercially effective contracts with BT’s customers, partners, distributors, and key suppliers (Mandatory)

having a good understanding of third party relationships in India to enable identifying and eliminating of any ACB/FCPA risks in collaboration with regional/UK teams (Mandatory)

In addition to having thorough knowledge and understanding of the specific legislations which apply to BT’s business in India, the job holder will have a thorough understanding of the key principles and key commercial legal/contractual issues relevant to transactions (including ACB/FCPA considerations) in India and manage and oversee tax, competition, regulation, employment, intellectual property law etc. issues, including in the context of multi-jurisdiction projects. The job holder will be expected to be able to manage complex projects and resources (Mandatory)

Working with internal and external resources to ensure that BT’s businesses meet all of their compliance obligations in India, including BT’s trading policy, corporate governance, contractual, legislative and otherwise (Mandatory)

To own and develop relationships with key internal clients and act as a trusted advisor to business leaders. The job holder will be required to have a deep understanding of India’s strategy and objectives and will provide high quality customer focussed service to the team. The job holder will be expected to operate at senior levels of the business and be comfortable dealing with internal and external senior executives on a range of issues (Preferred)

To ensure that telecoms regulatory requirements in India are clearly understood by the India businesses (Preferred)

To anticipate local government/regulator actions, devise effective strategies and ability to effectively engage with local authorities (Mandatory)

To identify and articulate practical legal solutions to wide range of issues, including those relating to state and central laws in India; conflict in local laws and regulations; conflicts in procedure with substantive compliances; and those arising from local legal/customer requirements and global contractual commitments (Mandatory)

To engage with employees at all levels of the organisation in a manner that encourages transparent and free flow of information with the legal and compliance teams (Preferred)

To develop, supervise, coach, and mentor junior members of BT Legal (Mandatory)

Managing external lawyers supplying services in India (Preferred)

Ensuring identification, mitigation and management of commercial, contractual and legal risk for bids, contract negotiations, contracts, product and proposition management (Mandatory)

Providing support to BT’s global business by providing local advice in respect of global deals, strategy and product and proposition roll-outs, including dealing with any in-life issues including those relating to India laws (Mandatory)

Supporting the creation and maintenance of region specific LGC knowledge management material and providing training to the business on BT policies and legal issues (Preferred)

Anticipating legal developments relevant to the business, and providing advice on their impact (Mandatory)

Supporting on-going initiatives (regional and global) to implement operational efficiencies and cost savings (Preferred)

Note: COVID-19 Notice: We’ve changed our recruitment process so that we can continue to offer exciting opportunities in BT. We’ve moved to ‘virtual hiring’ until further notice – which includes video interviews and virtual onboarding, to make sure that we maintain candidate and employee safety.

So, if you’re interested in the power of potential, why not join us today and release yours? You can read more here about what it’s like to work at BT

How to Apply

It’s easy to apply online; you just need a copy of your up-to-date CV and to follow the step-by step process. Don’t worry if you need to make changes – you’ll have the opportunity to review and edit your work on the final page. We look forward to receiving your application!

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Date: 14-Jul-2021

Location: IN

Company: Tetra Pak

At Tetra Pak we commit to making food safe and available, everywhere; and we protect what’s good – protecting food, protecting people and protecting the planet. By doing so we touch millions of people’s lives every day. And we need people like you to make it happen.

Export Control Legal Advisor

The importance and footprint of IT is growing in general and is also an increasing part of our customer offering and with this development Export Control is increasingly critical

The Export Control Advisor will work with Project Managers, Service Managers and business stakeholders to ensure Tetra Pak is compliant with relevant legislation. A task that requires not only IT expertise, but also good understanding about how the world around us evolve and the impact of politics in Tetra Pak’s every day commercial operations. Do you have what it takes? We have an interesting opportunity for a person hungry to grow in new IT related areas – and we are committed to make you successful.

What You Will Do

Purpose of the role:

To together with the operational managers, ensure the business operation is compliant to the Tetra Pak Group Export Control Policy, for area of responsibility.
To together with the operational managers, drive the implementation of Export Control capabilities and for continuous improvements within the business operation, and by this mitigate Export Control risks and make Export Control a competitive advantage for its operation and for Tetra Pak.
To be the first point of contact for Export Control related matters in the business operations and to ensure that Export Control routines and requirements are followed to comply with Export Control sanctions, laws and regulations.

As Export Control Advisor, you will:

Be the first point of contact in the business operation and provide operational support
Implement Export Control capabilities and requirements in the operation and drive continuous improvements
Identify competence need and deliver trainings in own organisation
Continuously monitor and mitigate risks by assessing that Export Control requirements are adhered to in the operations
Support completion of Export Control activities in the operation such as Classification, Counterparty Screening check, Sanctioned Country controls (incl. de minimis calculation) and License Application
Ensure information and requirements from the central Export Control organisation reach relevant functions in the operations
Impact analysis on the business operation due to new and changed Export Control regulations while assessing potential Export Control compliance risks
Self-assessment and risk management according to the Governance Risk and Compliance Process
Ensure updated management system and availability of needed documentation and evidence for audit traceability

Who You Are

We believe you have:

Degree in any of the following: Engineering, Finance/Business, Law, Transport & Logistics, Trade Management
Very good understanding about IT in general and the processes around it.
Knowledge and experience from Export Control work in relevant area such as:
- UN, EU and US Export Control Sanctions and laws & regulations
- Export Control classification
- Sanctioned Country controls incl. de minimis calculations
- Counterparty Screening
- License Applications
- Risk & Quality management
- Capabilities support and improvement
Manifest successfully the key Leadership Behaviors, such as:
- Dynamic e.g. hyper-aware of the external market, ability to work across borders in a diversified environment
- Productive e.g. able to drive and own tasks with integrity while building trust
- Capable e.g. continuous improvement & change management

We Offer You

Variety of exciting challenges with ample opportunities for development and training in a truly global landscape
Culture that pioneers spirit of innovation where our engineering genius drives visible result
Equal opportunity employment experience that values difference and diversity
Market competitive compensation and benefits with flexible working arrangements

Apply Now!

If you are inspired to share our responsibility of protecting food to protecting the planet, please submit your resume in English through our careers page on https://jobs.tetrapak.com/

This job posting expires on 13th August 2021.

For queries about your application contact Hemlata Chotrani

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About AVIMUKTA

The Company operates through two segments: Solar Energy and Wind Energy and its portfolio consist of solar and wind power plants located in Brazil, China, India, Malaysia, South Africa, Thailand, and Uruguay.

Requirement

AVIMUKTA is on the search for Projects and Infrastructure lawyers interested in moving In-house. Our client, a well-established and fast-growing renewable energy company is looking to hire Project lawyers with 2-5 years of experience for their Mumbai office. The ideal candidate would be required to assist on various transactions including drafting, reviewing, and negotiating term sheets, work orders, services contracts, and all documents pertaining to construction activities which include LOI, basic terms of civil works, EPC/Construction Contracts.

About the role

The role would require to carry on due diligence and drafting of term sheets/draft definitive agreements for the second acquisition of various PPP projects in various sectors like roads, urban infra sector, and real estate projects and also to draft, review and negotiate Share Purchase Agreement, Joint Venture Agreement (incorporated and unincorporated) Shareholders Agreements, and Non-Disclosure Agreements.

If you have the required transactional experience including working on complex M&A and investment deals along with a proven ability to manage multiple projects/issues whilst staying focused on deliverables, get in touch with us!

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About Hoot Welfare Society

The Hoot Welfare Society is a non-profit organisation with a chartered vision of supporting and nurturing meaningful communication through interdisciplinary social and cultural projects. We provide opportunities for creativity and community-based innovation and aim for collective impact with each project. Currently, Hoot Welfare Society is working in five domains:

Smriti (Social Nourishment)
Jeev Sharan Grah (Animal Nourishment)
Heal (Medical Nourishment)
Swaraj (Student Nourishment)
Law Bloom (Legal Nourishment)

About the Opportunity

The Hoot Welfare Society invites applications from students across India/ Abroad to take advantage of this learning opportunity by joining the Editorial Board for its Blog to maintain the editorial direction of the blog and to ensure engaging, thought-provoking, original and contemporary publications.

Designation

Student Editor

No. of Positions

2 (Two)

Eligibility

Students in 3 Year LLB Course OR 5 Year integrated law degree courses enrolled in any BCI approved college/institution.

Roles and Responsibilities

Reviewing & Editing articles as and when required.

Application Procedure

Interested students can submit their applications by sending an email mentioning the subject– “Application For Student Editor” to ayush@hoot.org.in and a copy marked to internship@hoot.org.in with a mail body, attaching the updated CV (in PDF format) and a recently written article (published or unpublished). Also, the body of the mail should mention the purpose of your internship.

The selected candidates will be conveyed regarding their selection latest by 05^th September, 2021.

Application Deadlines

Applications must reach latest by 25^th August 2021 (11:59 PM).

Perks

After successfully serving as the Student Editor for a specified time, the student shall be awarded a Certificate of Acknowledgement/Appreciation signed by a designated professional within the Editorial Board of the organisation.
The candidate will be provided both non-monetary & monetary perks based on performance from time to time and shall also be given free access to webinars, workshops, and the opportunity to be in the organising team for various national & international events conducted by the organisation.
Apart from these, they will have access to Official domain based email, Grammarly Premium subscription, and other perks which the organisation receives as grants from various other sources.

Contact Details

Write to Ayush for any queries at ayush@hoot.org.in or 7480830235 (WhatsApp only).

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About Our Voix Foundation

Our Voix is an youth led organisation working on the prevention of child sexual abuse. We build resources on children safety such as comic books and animated movies. Our animated movies on prevention of child sexual abuse which have been adopted by the National Commission for Protection of Child Rights. We also conduct teacher training and parent sensitisation workshops to help teachers and parents start the conversation on body safety, handle disclosure, reporting mechanisms etc. The work of Our Voix has been featured in the Times of India, Ndtv, Fever FM 104, The Logical Indian, Yahoo, Brut India, etc. Our Voix has been selected as one of the Top 10 innovators for UNDP’s Innovations Marketplace for Gender Equality initiative, supported by Atal Innovation Mission, NITI Aayog and InfoEdge CfE Ashoka University.

PROFILE OF THE VOLUNTEER

TEACHER

ROLE

TRAINING THE TEACHERS

PREREQUISITE

Attend the Training for 4 Hours
Passion to Work for the cause
Communication and Public Speaking
Time Commitment

WORK

Conducting workshops on prevention of child sexual abuse

MINIMUM HOURS

12 Hours in a Month (3 hours every Saturday)

PERKS

Letter of Recommendation
Certificate of Appreciation
LinkedIn Recommendation
Opportunity to work with stakeholders and gain experience at the Grassroot level
Free Public Speaking Workshops
The individuals will be trained on child protection

For more details and applying visit-

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Introduction

The prime rationale behind providing punishments is to make the wrongdoer pay the penalty for the wrong he did and to provide a message to society and deter them from committing the same. Capital punishment is an integral part of the criminal justice system also follows the same rationale. But as human rights movements are increasing and the ideology of considering a person as a fellow human being rather than his gender, race, religion, caste, etc. the rationality of capital punishment is being questioned.

Definition

The word “death penalty” interchangeably used as capital punishment means the state-sanctioned execution of a malefactor sentenced to death after conviction by a court of law for a criminal offense. The sentence that orders someone to be punished in such a manner is known as a death sentence and an act of carrying out such a sentence is called an execution.

Historical Background

“If a man destroys the eye of another man, they shall destroy his eye”

These lines are the core doctrine of the code of king Hammurabi

Of Babylon which originated at the age of 18^th century that led to the evolution of capital punishment. The statute prescribed capital punishment for over twenty different offenses depending on the defendant’s societal status. The crimes which are now treated lightly like theft; perjury, etc. were subjected to capital punishment in the Hammurabi Code. Later, the notion of capital punishment was adopted by different ancient statutes like the draconian code of Athens where the death penalty was considered to be compulsory for all types of crime, the roman law of twelve tables where they imposed capital punishments through various methods like burning alive, boiling in oil, drowning, hanging, being thrown to a wild animal, etc. Soon after its introduction, there was a hike in the number of capital punishments held in the 17th and 18th centuries for crimes ranging from theft, cutting down of trees, marrying a Jew, treason, etc. As the punishments started getting more stringent and heinous the jurists had started considering the death sentence only for serious crimes. This led to early reforms in the statute of the death penalty in Britain. It was not only in the statute but also several religious texts have justified the idea of capital punishment:

“Whosoever sheddeth man’s blood, by man shall his blood be shed” (Genesis 9:6) are the excerpts from bible that justifies capital punishment.
In Islam, capital punishment is entitled for certain crimes like apostasy, adultery, murder, those who conducts war against Islam and spies.

Capital punishment for murder was penalized in India after the independence in 1947 by the imposition of a penal code. But during the British regime, it was during the period of 1931 the fingers started pointing towards the constitutionality of capital punishment when Mr. Gaya Prasad Singh, a member of the British parliament introduced a bill to scrap the death penalty for all the offenses prescribed under the Indian Penal code. But the bill was denied during that time at the parliament by stating the impossibility to enact the bill. And after Independence, the government had retained several criminal statutes including the penal code of, 1860 thus penalizing the death penalty. Later on, during the period of 1950 to 1980 there over 3000-4000 capital punishments occurred in India. But it was the 1980’s landmark case Bachan Singh vs. State of Punjab [1] that became a turning point in the evolution of laws regarding capital punishment.

Bachan Singh Vs. State of Punjab:

In this case, the bench was headed by justice Y.C chandrachud, justice A.gupta, justice N.untawalia, justice P.N.bhagwati, and Justice R. Sarkaria. The issue raised in the case is regarding the constitutionality of section 302 of IPC, 1860 under which capital punishment is provided, and about the necessity to follow the facts identified by the lower courts for awarding capital punishment under section 354(3) of CRPC. The judgment of the case states that:

The court has dismissed the query against the constitutional validity of section 302 of IPC and 354(3) of CRPC and has also stated that the death penalty can only be imposed in rarest of rare cases, which means that conviction for life imprisonment is the rule and death penalty is an exemption. In India, we all have the right to life under article 21 of the Indian constitution so, that capital punishment is only imposed on serious crimes like aggravated murder, other offenses resulting in death, terrorism-related cases resulting and not resulting in death, kidnapping not resulting in death, drug trafficking not resulting in death, treason, espionage and military offenses not resulting in death. Minors, pregnant women, mentally challenged people are excluded from the death penalty. Hanging and shooting are the two methods that are adopted in India for the execution of the death penalty.

The first capital punishment was executed in September 1947 at Jabalpur central jail by hanging Rasha alias Raghu raj Singh and recently for Nirbhaya rape case by hanging four out of six culprits: Mukesh Singh, viny Sharma, Pawan Gupta, and Akshay Kumar Singh at Tihar jail. This was the first time where four convicts were hanged together on the same platform. Prior to this, the death sentence conducted in India was the 30th July 2015 hanging of terrorist Yakub Memon, who was convicted in the 1993 Mumbai blasts. Over 720 people were executed in India after Independence.

Current Status Of Capital Punishment Both Globally And In India

Global level:

There are over 58 countries that still follow the death penalty as a punishment. The convention against torture and cruel, inhuman, or degrading treatment or punishment stated that the execution or imposition of capital punishment will not amount to torture or inhuman. The death penalty was permissible under the international criminal law in Tokyo and Nuremberg tribunals which were formed during Second World War and from there onwards international courts exclude capital punishment as a permissible form of punishment. The death penalty is permissible as a punishment under the international convention on civil and political rights (ICCPR) but at the same time, article 6 under the convention guarantees the right to life and also imposes certain safeguards that are supposed to be followed by signatories before considering the death penalty. The ICCR also consists of a second optional protocol for the abolition of the death penalty. It came to light in 1991 and it has 81 state parties and 3 signatories. Under article 37(a) of the convention on rights of children strictly prohibits the imposition of the death penalty on minors (under the age of 18).

At the national level:

From jag Mohan Singh Vs. the state of Uttar Pradesh [2] then in Rajendra Prasad Vs. the state of Uttar Pradesh [3] till the landmark case of Bachan Singh Vs. In the state of Punjab, the apex court stated that in India death penalty can only be imposed in the rarest of rare cases. In India, we highly value the life of a human being under article 21 of the Indian constitution and it was stated that a person will only be executed for a death sentence if it has a fair and valid reason. The case should require some uncommon nature which makes the life imprisonment inadequate and enables the court to take away a person’s right to live. In India, our constitution also provides the right to seek pardon and get free from the death penalty. The mercy petition can be accepted by the president and governor under article 72 and article 161 in the Indian constitution respectively. 9 presidents have accepted mercy petitions with Rajendra Prasad being the president who accepted more petitions.

The Arguments For The Death Penalty

The major arguments that favor the idea of the death penalty are:

The major argument arises from the concept of Hammurabi code, where it considers the man who deprived the right of another man no longer deserves the luxury of human rights.
Certain crimes like rapes deserve heinous punishments like death penalty.
Awarding death penalty to the wrongdoers will prevent the society from committing the crimes.
Death penalty is given as a counter act of revenge by the victim’s family, which is a right that they deserve.
It is a strong deterrent for criminals.

The Arguments Against The Death Penalty

The common argument that stands against death penalty is that it takes an individual’s right to life.
Many countries execute mentally challenged people who might not even know that they have committed a crime.
In countries like Sudan and Iran death penalty is often used as a political device to execute their political propaganda.
The people who are disadvantaged to have proper socio-economic background are denied proper legal aid and it tends to emerge as a great disadvantage and will not enable the justice system to follow its ideology of justice to all.
There are high chances of a person proving to be innocent after the execution. In America, more than 184 prisoners sent to death row were later released from the row on grounds of innocence in 1973. The death sentence itself cannot ban fellow people from committing the crime

Alternatives For The Death Penalty

By providing value to the life of an individual and also providing the wrongdoer to understand his mistake and repent for the same, other alternative punishments are also provided.

Life imprisonment: it is an effective replacement for death penalty. In this type of punishment a culprit is put behind the bars without the privilege of parole which means that a person cannot leave the prison until he dies. But there is also life imprisonment which provides the luxury of parole. Life imprisonment without parole does have a similar effect that of a death sentence where a person is denied from leading a free and independent life.
Long term imprisonment: in this type of punishment, a culprit is sentenced for a fixed time period of 40 years. Its followed in several countries like: Brazil, Colombia, Croatia, El Salvador, Nicaragua, Norway, Portugal and Venezuela
Release with restrictions: under this punishment the culprit is released with certain restrictions for life long or a particular period of time. any infringement of these restrictions will enable the system to send him back to prison
Preventive detention: this is a type of detention where a person is detained for preventing him from committing a crime.it is mainly provided in case of serious violence or sexual assault where his release can be a threat to society.
Indeterminate term of imprisonment: in this type of imprisonment, a person is sent to jail for a minimum duration but can be prolonged thereafter.

Conclusion

During the time where nirbhaya rape case was a burning topic, BBC had filmed a documentary named India’s daughter where they interviewed the culprits and their family members. In that documentary, Mukesh Singh, one among the six culprits, was asked the question of whether he repents for the crime he did and the answer was a blatant “NO”. He said that no good girl will go out after 9 pm and if rape occurs it’s the girl’s fault than the boy. The main motive behind punishment is to make the wrongdoer pay the penalty and at the same time, it should deter society from committing the same. Not only in the above-mentioned case but in many other crimes the culprit themselves fails to understand their own mistakes. Other than killing someone for taking another’s life capital punishment sadly gets entitled to an act of mere revenge. It fails to implement its major objective of deterring society from committing the crime. There are lots of social, psychological, and legal aspects that are connected with the commission of a crime. Unless we aren’t able to identify and treat and plunder the reasons for the commission of crimes at the `grassroots level, capital punishment won’t be a solution for it.

The article has been written by Nourien Nizar, a first-year B.COM LLB (HONS) student of Government Law College, Ernakulam, Kerala

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

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Introduction:

The Latin law best suited to the justice system at Juvenile Justice in India is ‘No Novi Spectrum’ which means there is nothing new in this world. There has been a global outcry since ancient times when Juvenile people should be treated fairly because there is a system of thinking – Young people often have a tendency to respond with great and long-lasting frustration associated with aggressive behaviors.

Over the past few years, it has also been observed that crimes committed by children under 15-16 years have increased dramatically. Typical tendencies or psychology after criminal commitment or the causes of crime are the early stages of life, strong manhood, upbringing, economic decline, lack of education, etc. It is a matter of shame that children under the age of 6-10 these days are being used as objects for illegal or illegal activities. Since children’s minds are chaste and deceptive, they can be seduced by small amounts of money.

Prior to the Juvenile Justice Act of 2015, 2000, and 1986, there was the Children’s Act of 1960 which was intended to give effect to the international response to the Juvenile Justice case in which they provided the same policy that protected the interests and rights of the Child. each.

But with the recent developments in the international community and the emergence of criminal involvement, Indian law enforcement agencies are forced to come up with new, progressive, and stronger laws for the system of children involved in the country. As a result, the Juvenile Justice Act of 1986 and then the Juvenile Justice Act of 2000, and more recently the 2015 Juvenile Justice Act was approved by Parliament.

Former Chief Justice of India, Justice V.K. Krishna Iyer said we need a disciplinary code because a child is the father of a man and if we neglect the development of children, then we will be guilty of many mistakes and mistakes related to leaving our children.

In the last few decades, the crime rate among children under the age of 16 has increased. The reason for the increase in crime is likely to be due to the child’s upbringing, economic situation, lack of education, and parental care. These are just some of the reasons. Sadly, children (especially those under the age of 5 to 7) nowadays are now being used as a tool to commit crimes as at this time their minds are clear and can be easily manipulated.

The horrific incident of the “Nirbhaya Delhi Gang Rape Case” on December 16, 2012, shocked the entire nation and many negotiations were started between legal and civil society organizations. The main reason and issue for the debate was the involvement of the suspects, who had only six months left to reach the age of 18. The defendant’s involvement in the heinous crime of rape forced Indian law to introduce a new law which is why the Indian Parliament introduced a new law known as Juvenile Justice (Care and Protection), 2015.

The introduction of the Act replaced existing children’s laws and introduced some surprising changes. One of the most amazing changes is that a young person under the age of 16 to 18 should try as an adult.

Definition of Child and Youth under the Juvenile Justice Act, 2015 and various other laws

Generally, “child” means a person who has not yet reached the age of 18 and has not yet developed a sense of right and wrong. Nowadays, the penal code of many countries has adopted the principle of ‘doli incapax’ which means to know that an act committed there is a crime. The penal code also states that only a child between the ages of seven and twelve can be sentenced, provided that the act they committed is a serious offense and they are knowledgeable and have sufficient knowledge to understand the consequences of their action.

In terms of section 12 of Section 2 of the Juvenile (Care and Protection) Act, 2015 “child” means a person under the age of eighteen years. The law divides the word “child” into two categories: –

“A child of lawlessness” and

“A child in need of care and protection”

A child who has committed a crime and is under the age of 18 on the day of the conviction is called a “criminal child”. The second subsection states “child in need of care and protection” means an advertisement for a child defined under Section 14 of the Act.

Children’s Act, 1960: Section 2 (e) of the Act says “child” means a boy under the age of sixteen years or a girl under the age of eighteen years.

United Nations Convention: The UN Convention on the Rights of the Child, 1989 defines a “child” as a person under the age of eighteen unless a legal declaration applies to a child, the majority of which is acquired before that.

Differences between juvenile and Child :

A person under the age of full legal obligation and responsibility is a minor or a person under the legal age of eighteen years is minor. A child accused of a crime is not tried when he or she is older and sent to a child care center and a child is a person between the ages of sixteen and eighteen. A young person accused of a crime is a young offender and is being tried as an adult in the courts.

In a general sense, both words have the same meaning but still, the difference is at the level of impact in the eyes of the law. Less means young people and youth and a child shows an immature or sinful person.

History of Juvenile Justice System in India:

In modern times, a specialized treatment program for juvenile offenders has begun worldwide, including many developed countries such as the U.K., U.S.A. The movement dates back to about the 18th century. Prior to this, child offenders were treated in much the same way as other offenders. And for the same reason, the General Assembly of the United Nations adopted the Convention on the Rights of the Child on November 20, 1989. This conference seeks to protect the interests of child molesters. The agreement states that in order to protect the social cohesion of the child, there will be no justice and no court cases. This Agreement guides Indian Law to repeal the Juvenile Justice Act, 1986 and to enact new legislation. Thus, Indian law came up with a new act called “The Juvenile Justice (Care and Protection of Children) Act, 2000.

Juvenile Justice, 1986, which repealed the previous Children’s Act, 1960, intended to provide guidelines contained in the Juvenile Justice Jurisdiction adopted by the UN in November 1985. The above Act contains 63 Sections, 7 chapters, and extends to it. all over India expected from the Governments of Jammu and Kashmir. The main purpose of the Act was to provide for the care and protection, treatment, development, and rehabilitation of juvenile delinquency. The main objectives of the Act are:

This act has set the same framework for child justice in the country in a way that protects the rights and interests of youth.

It talks about equipment and infra – the structure of care, preventive treatment, development, and rehabilitation of young abusers.

It sets out the basic provisions for the proper administration and justice of criminal justice in the event of serious crimes committed by child offenders.

Juvenile Justice Act, 2000 :

The Act was enacted in 2000 with the intention of protecting children. These proposals were amended twice – first in 2006 and later in 2011. An amendment was made to address the gaps and gaps in the implementation of this plan.

In addition, the increase in child crime over the years and the horrific incidents of the “Delhi Gang Rape Case” have forced lawmakers to come up with a law. What is worse about this Act is that it contains incorrect provisions of the law and an ineffective youth program and has been a major factor in preventing child crime in India. This practice was soon replaced by the Child Justice (Care and Protection) Act, 2015.

Current Juvenile Justice Program in India:

Like other countries, India has made legal arrangements that deal mainly with the rights and protection of child offenders who want to address the problem of child abuse. The Juvenile Justice System in India is made on the basis of three main ideas: –

juvenile offenders should not be prosecuted, but should be dealt with in the best possible way,

they should not be punished by the courts but should have the opportunity to reform

Illegal child prosecution should be based on non-punitive treatment in communities based on social control organizations e.g. View Homes And Special Homes.

Juvenile Justice Act, 2015:

The Youth Justice Act of 2015 replaced the Juvenile Justice Act of 2000 because there was a need for a strong and effective justice system that focused on preventative and transformational challenges. The approach to Juveniles should be different from that of adults, there was a dispute in Parliament that Juveniles should be given more space to reform or repair or improve and that can only happen if there is a special justice system. Thus, the new initiative namely the Juvenile Justice (Child Care and Protection) Act, 2015 focused on a friendly judicial and judicial process.

Juvenile Justice and the Constitution of India:

The Constitution of India is regarded as the constitution of India. The Constitution provides for the rights and duties of citizens. It also provides for the provision of state-of-the-art equipment. The Constitution in the third section provides for the basic rights of its citizens in the same way that in its IV section provides for the Directive Principles of State Policies (DPSP) which serve as general guidelines in formulating government policies. The Constitution provides for certain rights and provisions especially in the welfare of children. As: –

The right to basic and compulsory primary education for all children under 6 to 14 years of age. (Section 21A)

The right to protection from any dangerous activity under the age of fourteen. (Article 24)

The right to protection from harm of any kind by an adult. (Section 39 (e)).

The right to protection from human trafficking and to forced labor. (Section 39)

The right to nutrition and a decent standard of living. (Article 47)

Section 15 (3) of the Constitution of India provides for the special powers of the State to enact any special laws for the upliftment and improvement of children and women.

Conclusion:

Growing numbers of new crimes in India are related to the issue and need to be addressed. Although the government has put in place various laws and regulations to prevent child crime, the current laws do not create barriers for children and therefore the consequences are not productive and the legal purpose is not achievable.

The article has been written by Soumya Singh, a student at Amity Law School, Amity University Jharkhand, Ranchi.

The article has been edited by Shubham Yadav, a student of Banasthali Vidyapith, Jaipur.

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About the Job

Anand and Anand is a full-service IP law firm, providing end-to-end legal solutions covering all cross-sections of Intellectual Property and allied areas. The firm is professionally managed by a Partnership board comprising 28 Partners and 2 Directors supported by a management team comprising the CEO, CFO and CIO. The firm currently employs over 400 people, including over 100 qualified attorneys / engineers.

The firm’s expertise is widely acknowledged in addressing complex IP challenges of all types. It regularly deals with protection of IP and contentious matters in different forums including the Courts at all levels, the Patent Offices, the Trademark Offices, the Copyright Office, the Design Office, Intellectual Property Appellate Board, WIPO and National Internet Exchange of India.

The firm balances commercial realities with legal pragmatism and draws on its well-honed expertise and instinct in the field, coupled with a profound understanding of intellectual property management in India. The firm has a keen interest in innovation and offers creative solutions that tackle the root and not merely the symptoms of a problem.

Culturally the firm thrives on challenges, creative thinking and constant improvement of its legal knowledge and skills. The spirited character of the firm is the keystone of its growth and expansion into new areas of IP which have been embraced with ease and zest.

Job Description

Designation

Associate

Experience –

upto 5 years in IP

• Indian Trademark, Contractual and Copyright Law • Good drafting skills

• Deep knowledge and understanding of the IP laws, excellent legal research and writing skills, Strong interpersonal skills.

• Good academic background and preferably from Top Law College and Top Tier Law Firm.

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