Call For Paper for Volume 21+ 20th Research Paper Writing Competition (Live Publishing)

Indexing and Impact Factor Information [16 Indexing Databases]

The Journal is indexed at 16 Databases including, Google Scholar, ROAD: The Directory of Open Access scholarly Resources by ISSN, Index Copernicus International, IFSIJ, Citefactor, Academic Resource Index-ResearchBib, IIJIF, RJI FACTOR, I2OR, IJIFACTOR INDEXING, IP INDEXING ISI, DRJI, SIS, ROOT INDEXING, SJIF.

Impact Factor: 6.242 Click here to check certificate

Manuscript Acceptance Rate: 40-50%

It gives us great pleasure in announcing that since 2017, the journal has received a great response from students from prestigious institutions all over the country contributing their research work to the journal. Their contribution to academia and the success of Supremo Amicus is duly acknowledged and appreciated.

We have published more than 1000+ Paper. You can visit Previous Volumes this link to check the pattern of publication and the diversity of Author(s).

INSTRUCTIONS FOR PAPER SUBMISSION

The submission should be on any theme relating to Law.

The quality-based selected paper will be published in the form of E-Journal with International Serial Standard Number (ISSN).
Only full papers submitted on or before the deadline shall be considered for publication.
Authors are requested to adhere to following word limit:
1. Long Articles: 4000-8000 words (excluding footnotes).
2. Short Articles: 2000-4000 words (excluding footnotes).
3. Case comment: 1500 words (excluding footnotes).
4. Book review: 1000 words (excluding footnotes).
The articles must be in Times New Roman, Font Size 12, 1.5 line spacing, on an A4 sheet with 1” margin on all sides, to be sent in .doc/.docx format.
A uniform style of the citation must be strictly adhered to while submitting the paper.
The content of the articles should be original.

All manuscripts submitted shall accompany

A cover letter with the Name(s) of the Author(s), Institution/Affiliation, the Title of the Manuscript and Contact Information including an Email Address and Mobile Number;
Declaration/Copyright Form
Complete Manuscript with abstract if any (Word file, (Abstract is optional)
No name or any type of affiliation is to be mentioned on manuscript otherwise it will lead to disqualification

Event details (More precise information)

1. No need for prior registration or any kind of payment.

2. Directly submit your work with aforesaid documents, Your work will be reviewed, if selected for publication, you are required to pay requisites charges.

3. E-copy of Publication + E-Certificate(Certificate of Publication) + E-Certificate (Certificate of Participation in the 20th Research paper Writing Competition)+ if any prize in the competition.

The publication will be available online at this page.

4. After publication, your paper will be transferred to the 20th research paper writing competition (At no extra cost), prizes are mentioned,if your work is selected for any prizes, It will be issued along with E–Certificate of Publication+ E-Certificate of Participation+E-Certificate of Merit.

No hardcopy of the Publication and certificate is to provided.

Schedule of Publication: Live Publishing

Date of commencement for Live Publishing: 10th September

Your work will be published and E–certificate of Publication+ E-Certificate of Participation in 20th Research paper Writing competition will be provided within 10 days of completion of requisite formalities.

Result of Competition: 20th October 2020

Rewards

First Prize (Best Research Paper): Gold Medal+Rs. 2500 Cash + 1 free publication + 1 free course + E-Certificate Of Merit+E-Certificate of Publication+E-Certificate of participation+Internship opportunity with Supremo Amicus(Online)
Second Prize: Silver Medal +Rs 1500 cash +1 free publication + 1 free course+ E-Certificate Of Merit+E-Certificate of Publication+ E-Certificate of participation+Internship opportunity with Supremo Amicus(Online)
Third Prize: Bronze Medal+Rs 1100 Cash + E-Certificate of Merit+ E-Certificate of Publication+ E-Certificate of participation +Internship opportunity with Supremo Amicus(Online)

Top 10 entries will receive the consolation Prize (E-Certificate of Merit + E-Certificate of Publication+ E-Certificate of participation+50% off in next publication+50% off in one Course)

E-Certificate of Publication+ E-Certificate of participation+E-Copy of Publication(All author whose Work is Published)

The only Papers which are published by SUPREMO AMICUS in Volume 21 will be transferred for the 20th research paper writing competition.

Processing /Registration Fee

Paid by contributors whose work has been selected for publication will be notified by email.

Indian delegates :

Single authored paper: INR 1200
Co-authored paper: INR 1600
Author upto three : INR 2100

Note: No acknowledgment email will be provided. The Acceptance/Rejection email will be sent within 3-6 days. Kindly take follow-up only if you do not receive the results of review in 3-6 days.

How to Submit

All submissions must be sent to submission@supremoamicus.org and must be attached with a covering letter mentioning the name of the author, occupation, title of the submission, mobile phone number and contact address, for future reference.

The publication will be available on www.supremoamicus.org

Deadline

The submissions should reach us on or before 3rd October 2020

Contact

For Query Contact Below:

Yash Ajmani,
Mobile/WhatsApp: + 91 9876533712,
Email: ajmaniyash9@gmail.com
Sanya Singh, Email: editor.supremo.amicus@gmail.com

For updates, follow on Facebook, YouTube, and LinkedIn.

The article has been written by Prithiv Raj Sahu, a student of KIIT School of Law, Bhubaneswar (4th year).

Article 352 of the Indian Constitution allows the President to declare emergency when he is satisfied that the security of India on any part of its territory is threatened by war, external aggression or armed rebellion.
Article 356 allows for declaration of a state emergency for a specific state when the President is satisfied that the government of a state cannot be carried on in accordance with the provisions of the Constitution.
Article 360 of the Indian Constitution provides for declaration of a financial emergency when the President is satisfied that the financial stability or credit of
India or of any part of the territory thereof is threatened.

Under this constitutional framework, two laws provide the Centre and the states the statutory basis for acting against the Coronavirus. They are the Epidemic Diseases Act (EDA) and the Disaster Management Act, 2005 (DMA). The case of the government perhaps is that these two laws arm it with sufficient powers and there is no necessity to fall back on the “emergency provisions” of the constitution. This warrants a closer examination of these two laws.

Epidemic Diseases Act, 1897

In 1896, Bombay (now Mumbai) faced a plague that killed thousands of people. Same as Coronavirus, very little was known about the disease at that time. It was said to be transmitted through bacteria and it was unknown from where this disease came. To restrict the mass movement and gathering of people, ‘The Epidemic Diseases Act’ was enacted on Feb. 4, 1897, which conferred the British Indian government powers to restrict people from gathering in large numbers. Even the Preamble (which provides for why this act been enacted) of this statute states as “better prevention of the spread of dangerous epidemic disease

Section 2(1) of this Act provides for special powers to the state if that State’s Government thinks that ordinary powers of the states are insufficient for curbing the impact of the dangerous epidemic disease, then the State Government can take any such measures and provide for regulations which it deems necessary to prevent and determine in what manner and by whom expenses incurred shall be defrayed.

Under Section 2(2) of the same act, the state government may also provide for regulation regarding the inspection of people entering within their state boundaries and if any person is suspected of the epidemic disease, the govt. may provide for temporary accommodation (in today’s case quarantining someone) if that person is suspected by the inspecting officer of being infected by the disease. Central Govt. may also provide for measures and prescribe for inspection of ship or vessel leaving or arriving at Indian ports.

Disaster Management Act, 2005

The DMA mandates setting up a three-tier Disaster Management Authority at the national, state and district level to formulate a disaster plan for its level.

Some of its relevant sections are:

Section 11(3) sets out the aspects of such a plan. It is to deal with measures to be taken in mitigation and to address preparedness and capacity.
Section 22(2) (h) permits the state authority/executive committee to give directions to government departments on actions to be taken in response to any threatening disaster.
Sections 24 and 34 empower the state executive committees and the district authority to control or restrict the movement of vehicular traffic or people from or within a vulnerable or affected area, and to take any measures that may be warranted by such a situation. Section 30 replicates this model for the district level.
Section 35 permits the Central government to take such measures as (a) coordinate work between the various authorities and government departments (b) deployment of forces and (c) other matters to secure “effective implementation”.
Section 36 creates a statutory responsibility on all Central government departments to comply with the directions of the national authority.
Section 51 sets an imprisonment term of one year (two years in the event of loss of lives) for persons obstructing discharge of functions by any government officer or employee.
Section 6 empowers the Central government to issue binding directions to authorities and state governments.

Section 144 CRPC

This section imposes power to executive magistrate to restrict particular or a group of persons residing in a particular area while visiting a certain place or area. Section 144 is there to dispose of urgent cases of nuisance or apprehended danger by a competent magistrate so empowered to take such actions.

Orders Passed during Corona Virus

It is the first time, in the history of independent India that the country has come to a complete standstill. The Prime Minister Modi’s May 24 address to the nation which announced a four-hour lead time for bringing the entire nation under ‘lockdown’, the National Disaster Management Authority (NDMA) issued social distancing guidelines on March 24 considering the “corona virus pandemic” as a “disaster” within the meaning of the DMA. The Union home secretary forwarded these lockdown guidelines to the states and Union Territories by an order of the same date.

The measures include the shutting of all non-essential government establishments, all commercial and private establishments, industries, transport by air, rail and road, hospitality services, educational institutions, places of worship, political gatherings, etc. Certain exceptions for medical staff, journalists, petrol pumps, essential stores, etc have been provided for. The district collectors are to be the “incident commanders” in each district who would also decide on who should be issued exception passes. Downstream, in several states, the competent authorities have issued orders under Section 144 of the Code of Criminal Procedure, 1973, prohibiting more than five people from assembling in public places.

Conclusion

A lockdown is a requirement for people to stay where they are, usually due to specific risks to themselves or to others if they can move freely. The term “stay-at-home” or “shelter-in-place” is often used for lockdowns that affect an area, rather than specific locations.

Latest Posts

Picture credits to goodkarmaforngo.com

Introduction

The Foreign contribution regulation Act, 2010 (FCRA) was initially enacted with the primary purpose of regulating the inflow of foreign contributions and ensuring that the received foreign contributions are not utilized for purposes other than those specified under the legislation. All charitable organizations in India receiving foreign contributions come under the purview of this Act.

It’s objective is to regulate the acceptance and utilisation of FC/donations or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of FC/donations or foreign hospitality for any activities detrimental to the national interestand matters connected thereto.

FCRA

As mentioned above, FCRA applies to “Foreign Contributions” received from “Foreign Sources”. The definition of “Foreign Source” is a detailed and inclusive definition, with a common thread being that the entity that is the ‘source’ of the funds is established in a foreign territory. Additionally, “Foreign Contribution” is defined by FCRA as a donation, delivery or transfer made by a foreign source of:

any article (unless given to an individual for personal use), the value of which ought not to exceed Rs. 25,000/-;
currency, foreign or Indian, or
foreign securities including all foreign debentures, bonds, shares, stocks and similar instruments of credit. Any income or interest generated from such contributions is also treated as a foreign contribution under the FCRA

Registration

The organizations having a definite cultural, economic, educational, religious or social programme are entitled to accept foreign contributions under the FCRA. Such contributions may be accepted only with the approval of the Government of India, through the Ministry of Home Affairs.

In order to be eligible to receive the foreign contributions, an organization may seek prior approval either each time the entity is to receive contributions or by obtaining a one-time long term registration, which is valid for a period of 5 years. In the latter case, the permission needs to be renewed by applying at least 6 months prior to the date of expiry of the said permission. It may be noted that while not stipulated in the FCRA, it is general practice that in order to be eligible to make a long-term application, the applicant needs to be in existence for a period of 3 years. Therefore, in the interim, it is often seen that organizations apply for the one-time permission, commonly referred to as “Prior Permission”.

Prior to applying for registration, it is important that organizations review the guidelines that are issued by the Ministry of Home Affairs, which often list out the ground for rejection of applications made to them.

Utilization of Funds

Upon obtaining registration/prior permission, the organization is required to open and maintain a bank account exclusively for the receipt and utilization of foreign contributions under FCRA. All transactions related to foreign contributions must be executed only from the aforesaid bank account. In addition, a separate set of accounts and records is required to be maintained, exclusively for foreign contributions received and utilized.

FCRA mandates that foreign contributions should be utilized only for the purpose for which they were received. It also imposes restrictions on the transfer of contributions. A person is prohibited from transferring contributions to any other person, unless such transferee is authorized to receive foreign contributions. Recently, the Ministry of Home Affairs placed Ford Foundation on its’ watch-list for transferring foreign contributions to organizations not registered under FCRA. The Ministry has in fact, suspended registrations granted to organizations and placed several organizations on its’ watch list for violating this norm which is clearly embodied in Section 7 of FCRA.

Reporting Requirements

One of the most important reporting requirements that is often overlooked by organizations, is the submission of annual returns. Every organization is required to submit the annual returns to the Central Government within 9 months from the closure of the relevant financial year. This return has to include the details of the contributions received, source and manner in which it was received, purpose for which it was received and the manner of usage of the contributions.

Given the recent actions taken by the Government against several charitable organizations, it is imperative that all organizations that receive foreign contributions review the FCRA norms and compliance requirements in detail and follow them meticulously to ensure that they do not run foul of the same and come under the scanner of the Government for non-compliance.

Controversies with FCRA 2010

A number of NGOs receiving foreign funding are seen by the India’s central government as involved in anti-development activism and hence posing a negative impact on the economic growth by two to three per cent. An Intelligence Bureau report titled ‘Impact of NGOs on Development,’ claims the NGOs and their international donors are also planning to target many fresh economic development projects.

It was alleged that “US based NGOs are financing the protests against Kundankulam Nuclear Power Plant. India’s Home ministry froze bank accounts of some NGOs after it was found that they were diverting money received from their donors abroad into funding protests at the Kudankulam plant.
The Union Home Ministry cancelled renewal of FCRA licences of Greenpeace India and two NGOs run by activist Teesta Setalvad who is the secretary of Citizens for Justice and Peace (CJP), an organisation formed for fighting for justice for the victims of communal violence in the state of Gujarat in 2002.
In September 2015, MHA cancelled the FCRA registration of Greenpeace India, making impossible any foreign donation to Greenpeace India on the grounds of “prejudicially affecting the public interest and economic interest of the state”.

Conclusion

The FCRA Act, 2010 is an act of the Parliament of India, whose scope is to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto.

FCRA 2010 was brought into force from such date as the Central Government (CG) may by notification in the Official Gazette appoint. Different dates may be appointed for bringing into force different provisions of FCRA 2010.

Considering the flow of funds into the country for purposes other than business, the Government has specified that acceptance of FC against national interest would not be permissible, requiring persons accepting FC to be subject to enhanced scrutiny. The measures include prior CG approval for accepting FC, registration and renewal, conditions for end use of FC and for transfer of FC to other persons etc.

Latest Posts

This article has been written by Nikhat Fatima pursuing law from Rizvi Law College

“Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition.”

~ Isaac Asimov

India is home to the largest child population in the world and thus making it the country’s greatest need to protect its future. The Constitution of India empowers the State to make special provisions for children and pledges Fundamental Rights to all children in the country. Directive Principles of State Policy precisely guide the State in securing the tender age of children from abuse and ensuring that children are given opportunities and facilities to develop in a healthy manner in conditions of freedom and dignity.

The juvenile justice system is a system of legislation that defines justice for juveniles in the Indian Constitution. This system provides justice and protection to juvenile delinquency. Juvenile delinquency means a crime committed by youth under the age of 18. The Parliament of India amidst intense controversies and debates in 2015 passed the Juvenile Justice (Care and Protection of Children) Act. The Juvenile Justice system contemplates the legal response with respect to two categories of children, namely those who are ‘ in conflict with the law (an individual under the age of 18 years who is accused of committing an offense); and those ‘in need of care and protection’ (children from deprived and marginalized sections of society as well as those with different needs and vulnerabilities).

Juvenile Justice Act, 2015

The said Act came into force from 15th January 2016 and replaced the Juvenile Delinquency Law and the Juvenile Care and Protection Act 2000 and 2006. The reason behind the introduction of this act in the parliament was the Delhi Rape Case of 2012 also known as the Nirbhaya Rape Case. One of the accused in the said case was alleged to be a juvenile and hence the Supreme Court directed the Juvenile Justice Board to take any action in the best interest of the juvenile as per the law. Thereafter the Juvenile Justice Department sentenced the child to be sent to a reform home for 3years. This led to an enormous amount of criticism by the masses and the family of the victim contending that by not sentencing the juvenile as an adult the judiciary is giving a clear pass for other teenagers to perpetrate such crimes in the near future. The government thereafter introduced the Juvenile Justice Bill in August 2014 in Lok Sabha citing several reasons to justify the need for a new law.

The Aim and Objective of the Act:

The provisions of this Act shall pertain to all the matters concerning ‘Children in Need of Care and Protection’ and ‘Children in Conflict with Law’, including,

Procedures and decisions or orders relating to rehabilitation, adoption, reintegration, and restoration of children in need of care and protection;
Apprehension, detention, prosecution, penalty or imprisonment, rehabilitation, and social integration of children in conflict with the law; in a child-friendly manner.

The Act aims at adjudicating, litigating, and disposing of cases dealing with juveniles keeping in mind “the welfare of children and rehabilitation”.

Primary Amendments in the Juvenile Justice Act 2015:

The Act of 2015 provides that the children between the 16 to18 age group be tried as adults for heinous crimes. The three types of offenses defined by the new Act are:

heinous offense- an offense that attracts a minimum penalty of seven years imprisonment under any existing law,
serious offense- an offense that attracts imprisonment between three to seven years and,
petty offense- that attracts imprisonment with up to three years.

Section 15 of the Act provides child above the age of sixteen years as on the date of commission of an offense shall be prosecuted as an adult, but in order to do that the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offense, ability to understand the consequences of the offense and the circumstances in which he allegedly committed the offense, accordingly on the basis of his assessment, the Board shall determine whether the child is fit to be tried as a child or there is a need for a trial of the said child as an adult by the Children’s Court having jurisdiction to try such offenses.

The Act while dealing with the children in need of care and protection under Section 31 has stipulated that when a child is found to be an orphan, abandoned or surrendered or in any other susceptible state he shall be brought before a Child Welfare Committee within 24 hours, excluding the time necessary for the journey. A Social Investigation Report is prepared for the child, and the Committee authorizes to either send the child to a Child Care Institution or any other facility it deems fit or to proclaim the child legally free for adoption or foster care.

Penalties for perpetrating offenses against children:

The Juvenile Justice Act lays down numerous penalties with regard to a crime committed against a child. These comprise the penalty for giving a child an intoxicating substance, selling or buying of a child, cruelty against a child, employment of a child for begging, sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child by militant groups, offenses against disabled children and, kidnapping and abduction of children.

Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed. Further, any official, who does not report an abandoned or orphaned child within 24 hours, is liable to imprisonment up to six months or a fine of Rs 10,000 or both. The penalty for non-registration of child care institutions is imprisonment up to one year or a fine of one lakh rupees or both and the penalty for giving a child intoxicating liquor, narcotic or psychotropic substances is imprisonment up to seven years or a fine of one lakh rupees or both.

For the effective implementation of these provisions, JJ Model Rules, 2016 provides for child-friendly procedures for reporting, recording, and trial.

Conclusion

Children in conflict with law belong to one of the most vulnerable sections of children in India. Rule of law and access to justice are the basic requirements for a country’s development and is as imperative for the reduction of social differences as the provision of basic services such as proper health and education systems. However, it has been recognized that children, when dependent on the same justice mechanism as adults may find themselves further victimized by the system itself. It is this recognition that has led to the development of a separate child justice system or the juvenile justice system in many parts of the world. The juvenile justice system is not as adequate as it looks, to make a law, and to implement it are two different things. This is vital for the authorities involved in the juvenile justice system to construct significant partnerships with civil society. Non-Governmental Organizations (NGO’s) have the capacity to provide community-based life-skills programs, ‘group counseling’, community work opportunities, and open ‘custody group homes’ for children in conflict with the law. Voluntary sector organizations can thus help the governmental agencies to engineer a substantial shift towards non-custodial alternatives for corrective measures involving juveniles making the law a whole with regards to its functioning.

Latest Posts

ABOUT US

Lexpeeps is totally dedicated to the legal fraternity where law professionals get an opportunity to flourish their career in a better way. Lexpeeps organises different events debates seminars of its own and also will organise the major law school activities on tie-ups with leading law school. Lexpeeps is not only limited up to managing the legal events but it also is providing internships to law students where the law professionals come in touch with each other and can grow by associating with the company.

ELIGIBILITY

The internship programme is open for law students (studying in any year of either 5 years or 3 years course) .

PERKS

You will receive the Certificate of Internship on completing the internship period.
Letter of Recommendation shall be provided to 3 best interns.
Being a long term Members you also entitled to get Some Other Benefits

ROLES AND RESPONSIBILITIES

1. Represent Lexpeeps at your college/university

2. Promote lexpeeps and its events on your social media platforms

3. Let lexpeeps know about the events organised in your college/university

4. Help lexpeeps to Organise atleast one event in 1 months in your college

5. Create a Whatsapp group of students/academicians who voluntarily wish to associate with lexpeeps

6. Assist students in course registration provided by lexpeeps

7. Collecting feedback and sharing new ideas from the college/university students with lexpeeps

8. Generating weekly reports and submit the same to lexpeeps.

DURATION

1 Month

LOCATION

Work from home

APPLICATION PROCEDURE

Send your updated CV along with the following information to querieslexpeeps@gmail.com with the subject of the email being the internship period.

Name:
Phone Number:
E-mail ID:
College / University:
Batch / Year of Study:

CONTACT US

Mail us: querieslexpeeps@gmail.com

Article Trainee to be hired

Mitesh J. Shah & Association (Practicing Company Secretaries ) is looking forward to hire articled trainee.

Vacancy- Two Article trainee

Address- Their office situated at Malad-West ,Mumbai.

What are you waiting for.!!!

Interested candidates can post their CV at mitesh@mjshah.com .

CALL FOR APPLICATIONS

Niti Manthan is opening both technical and research Internship applications starting from September’2020 under various fields.

Time Period: One month (Can be extended depending on the field of internship)

Mode of Work: Work from Home-Virtual Internship

Last Date of Application: 22nd September 2020

The departments open for Internship currently are as follows:

Kamakhya: Niti Manthan Menstrual Health Project: The project would both be a collaborative awareness effort to create a real difference. The focus would be on preparing menstrual health awareness modules and percolating awareness amongst school students and kids in the semi-urban spaces. The project would also aim at empowering the women community in vulnerable sections of society by aiding them to establish a manufacturing chain of cloth-based sanitary napkins.

Eligibility Criteria: An enrolled student of any field of study who is interested in working at the ground level

Perks: Internship Certificate

Interns Required: 5

Selection Criteria: First shortlisting on the basis of your CVs followed by an interview round

WhatsApp Image 2020-09-09 at 20.15.58.jpeg

2. Centre for Medical and Health Law Ethic Studies: This Niti Manthan research centre is a unique effort to collaborate the complexities of legal rulings and medical issues. The aim is for young upcoming professionals to have open conversations towards an effective policy making in the healthcare sector. For the centre’s first project, a doctrinal research shall be conducted to understand the ‘Conflicting Rights and Responsibilities of the Physician-Patient Relationship w.r.t the Medical Protection Act (MPA)’.

Eligibility Criteria: A regular student of Law, Medicine or Psychology is eligible to apply. The learning affinity and a spirit for constructive research is a sine-qua-non.

Perks: Internship Certificate, Publication

Interns Required: 5

Selection Criteria: Submit your CV along with a Statement of Purpose (Max. 200 words submitted in the same document as the CV). In case the number of applicants is high, a second shortlisting could be conducted on basis of an interview round.

WhatsApp Image 2020-09-10 at 00.01.51.jpeg

3. Legal Content Writing: Become a legal content writer for the Niti Manthan website. The selected interns shall be required to submit 8 articles in a period of 1 month. For 4 of those, topics shall be given to them by their content heads and the rest can be of their own choice. Even if you don’t get selected for internships of this month, you shall be added to the concerned group to apply in future for the same internship.

Eligibility Criteria: A regular student pursuing either 3 or 5-year law from any University.

Perks: Internship/Publication Certificate, Certificate of excellence for the best writer in that tenure

Interns required: 15

Application Process: Submit an original article/research paper written by you either published/unpublished [The same should be submitted in the column where “CV” is required. Note: only the paper/article needs to be submitted. ]

WhatsApp Image 2020-09-09 at 20.15.59.jpeg

4. Digital Content Creator: Become a part of the Niti Manthan Content Creator team by carrying on weekly assignments. Creating content on the allotted themes/ topics for the Niti Manthan social media handles would be the broad tasks. These could vary from generating posters, research and other edited pieces for events, special occasions and trending legal news.

Eligibility Criteria: Students with basic skills in Photo editing and research

Perks: Internship Certificate, Moral rights over the original content generated during the period of internship, Free access to all the webinars of Niti Manthan

Interns required: 10

Application Process: Submit your CV along with a sample poster (URL of the open drive link of the work could be attached) (in the same document) on the theme “Legal Literacy”.

WhatsApp Image 2020-09-10 at 00.01.50.jpeg

5. Video Editors: Broad tasks for this internship shall be; generate digital content including news feeds, short videos, graphics and edit/upload videos of lecture series, e-classes, webinars and interviews by Niti Manthan. The work shall be given on an assignment basis whenever needed and not on a daily basis.

Eligibility: Students adept in graphic designing, video editing and content management. They must be well versed with iMovie, Premiere pro, Vega pro or any other video editing software.

Perks: Internship Certificate, Moral rights over the original content generated during the period of internship, Free access to all the webinars of Niti Manthan

Interns required: 3

Application process: Along with your CV, in the same document attach a URL link of your sample production Viz. Digital poster, video clip, graphic design, etc.

WhatsApp Image 2020-09-09 at 20.16.00.jpeg

6. Frontend Developer/coder: In this domain, the intern would be required to create modern, aesthetic and Responsive UI and pages which will be integrated with the Niti Manthan Website.

Eligibility: Student/professional who is comfortable working with normal front end tech stack i.e. JS, CSS, HTML. Basic knowledge of Django would be appreciated.

Perks: There would a stipend based on performance and according to market standards. In addition, certificate and LOR would be provided. Learning from the industry experts would be an additional perk.

Interns required: 2

Application process: Along with your CV, in the same document attach a URL link of your sample work.

WhatsApp Image 2020-09-11 at 13.04.42.jpeg

CONTACT: (WHATSAPP ONLY)

Architi Batra: +91 9643720882

Madhav Gawri: +91 8700568976

Nidhi Pathak: +91 9599583729 (For video editors and digital content)

Or write to us at nitimanthan@gmail.com

For more information https://nitimanthan.in/blog-posts/blog-niti-manthan/2020/08/22/niti-manthan-internships/

INTRODUCTION

India does not recognize same-sex marriage or civil unions. In fact, it does not possess a unified marriage law. Every Indian citizen has the right to choose which law will apply to them based on their community or religion. Although marriage is legislated at the federal level, the existence of multiple marriage laws complicates the issue.

The PIL, filed on September 8, 2020 in Delhi High Court, by four members of the LGBTI (lesbian, gay, bisexual, transgender, intersex) :-

Abhijit Iyer Mitra, a security and foreign policy commentator.
Gopi Shankar M, a Tamil Nadu-based intersex activist who contested the 2016 assembly elections.
Giti Thadani, founding member of the Sakhi collective journal of contemporary and historical lesbian life in India.
G. Oorvasi, transgender activist.

PIL filed through Raghav Awasthi and Mukesh Sharma, petition pointed out that the Supreme Court read down Section 377 of the Indian Penal Code in 2018 and decriminalized consensual homosexual acts in the country.

The petition said that Gopi Shankar M “wishes to marry someone from the LGBT community as per his own choice in India.” Denying the LGBT community the option to marry “is absolute discriminatory and creates them a second class of citizens (sic)”, it added. It then asserted that the Hindu Marriage act “does not distinguish between homosexual and heterosexual marriage”. This is because Section 5 of the Act lays down the conditions for a Hindu marriage and begins with the words, “a marriage may be solemnized between any two Hindus”. The petition submitted that despite there being no statutory bar under the 1995 Act against gay marriage, it is not being registered throughout the country. “As a result of the same, there are many benefits that would otherwise be available to heterosexual married couples that are not available to them” it stated.

The petition also pointed out that the right to marry is a part of the right to life under Article 21 of the Constitution. “The non-recognition of the rights of LGBT couples who wish to get married is a violation of the Right to Equality guaranteed to all persons within the territory of India under Article 14 of the Constitution,” it contended.

Tushar Mehta, the Solicitor General of India, one of central government’s top lawyers, seeks to challenge the petitioners.

Mr. Mehta argued that marriage is a sacrament, adding that there are other provisions of law that do refer to a “husband and wife”. He cited the Section 498A of the Indian Penal Code, which talks about “husband or relative of husband of a woman subjecting her to cruelty”. Mr. Mehta submitted that the “culture of any country is codified in a statutory law like degrees of prohibited relationship, special or additional rights to wife, different age limits for husband and wife, use of

the terms husband and wife – which cannot be be determined in the same sex marriage.” He said the relief sought by the petitioners cannot be granted unless several laws are altered. This, he said, is something the courts cannot do. Mehta added that he will file a note in the court on these provisions.

“Same sex marriages are neither a part of “our culture” nor a part of the law, Tushar Mehta told the Delhi High Court Monday (14 September 2020), opposing a petition demanding marriage rights for the gay community under the Hindu Marriage Act 1955.

The submission was made during a hearing before a bench comprising Delhi High Court, Chief Justice D.N. Patel and Justice Prateek Jalan.

After the submission of Tushar Mehta, bench has asked the petitioners to file affidavits from the members of the community who are aggrieved by the refusal of authorities to register same sex marriage.

The petition will next be heard in October.

REPORT BY-

AKANKSHA RAJPUT

INTRODUCTION

A sense of commotion raised when Prime Minister Narendra Modi announced a countrywide lockdown in March. But this was more problematic for the worker classes who not only lost their only source of income but also their shelter. This caused a state of desperation and they started for their hometowns on foot or whatever vehicle they could manage. They were evicted from their homes which forced them to take such a step.

With no source of income, and the sources of income drying up, the labourers walked for days and days, hungry, tired and ailing. This was a terrifying scene to behold and this costed many workers their lives. Many workers died even before reaching their home.

This led to a lot of criticism and protests from the opposition. The Centre asked the states to seal borders. After weeks and weeks of migrants on roads, the Centre started running special trains for the labourers, but even this did not prove to be helpful to the labourers, confusion over who was to pay for the tickets and the mismanagement of lists, many labourers continued to find their way home on foot, three-wheelers and illegal trucks, sometimes leading to accidents.

Ignorance by the Government

However, when on Monday, the Central Government was asked about the data on the number of deaths in Lok Sabha, it said that it does not have any data.

Three MPs, K. Navaskani, Suresh Narayan Dhanorkar and Adoor Prakash asked the Government that whether it has data of migrant workers who returned to their own own states and whether it’s aware that a number of migrant workers lost lives during their return to the hometown and if so, the details same, State-wise. They even asked whether the Government has provided any compensation/economic assistance to the victim’s family and whether it has done any assessment of the job loss among migrant workers due to the COVID-19 crisis and if so, the details thereof. To this, Union Ministry of Labour and Employment replied “No such data is maintained”. Since no such data has been maintained, the Government has not provided any compensation/economic assistance to the bereaved family. But, this response proves to be in contrast to the data provided by the Railway Protection Force. According to this report, almost 80 migrants died on the Sharmik Special trains, between May 9 and May 27. This ignorance of the Government not only would face criticism but would also cost lives of those unprivileged worker class.

REPORT BY-

ABHILASHA KUMARI

Decided On

23^rdOctober, 1992

Citation

AIR 1993 SC 341, 1993 Cri LJ 183, 1993 Supp (2) SCC 740

Bench

Raghubar Dayal, Raghubar Subbarao and K. Mudholkar, J.R.

Relevant Law

Arms Act 1959 – Section 25; Code of Criminal Procedure, 1973 (CrPC) – Section 313; Terrorist and Disruptive Activities Act, 1987 (repealed) – Section 5

Disposition

In favor of Accused

Facts

In the 1980s, the Country was riddled with many instances of disruptive activities and serious law and order situations. In the state of Punjab, it was noted that terrorists had been indulging in wanton killings and arson and had expanded their activities to many other states including Delhi, Haryana, Uttar Pradesh, and Rajasthan. Many innocent lives had been lost and explosions had led to the destruction of public property. Fear was created in the minds of the public and communal peace and harmony were disrupted. To deal with the situation at hand, the Central Government enacted the Terrorist Affected Areas (Special Courts) Act, 1984, and the Terrorist and Disruptive Activities (Prevention) Act, 1985. The objects and reasons of the Act stated that the new and overt phase of terrorism which requires to be taken serious note of and must be dealt with effectively and expeditiously.

The T.A.D.A, 1985 was meant to last only for two years. On the expiry of the said period, the Centre enacted legislation, Terrorist and Disruptive Activities (Prevention) Act, 1987. Most of the provisions of the Act were similar to its predecessor. The validity of the Act was in the first two years and thereafter extended to four, later six, and finally eight years. It thus remained valid till 1995. The above Acts in a gist laid down the following controversial provisions that were challenged in the case by the petitioners;

1. The Central Government could declare any area as a ‘terrorist affected area’ and make it a single judicial zone. Activities in the area falling under the TADA would be tried by a Special Court under this Act.

2. Sections 3 and 4 of TADA, 1987 prescribed and applied to acts that already constitute offenses under ordinary laws. There was no understanding as to which law would be applied when.

3. Under Section 11 of the TADA, the concurrence of the Chief Justice is sought for the transfer of cases if the atmosphere is not conducive for the trial in that State. In doing so, the accused was not given a chance or hearing to conduct his case.

The Petitioners in the present case challenged the constitutional validity of the below mentioned Acts on the grounds that; a) the Legislature was not competent to make them and b) they violate the rights mentioned in part III of the Indian Constitution. An analysis of the Court decision based on the issues presented ahead.

Judgment

In giving its decision, the Court emphasized that the legislation must be seen in the light of the context in which it is made. It was noted that terrorism is a worldwide phenomenon and India is not an exception.[1] In the words of the Court, “in recent times the country has fallen in the firm grip of spiraling terrorists’ violence and is caught between the deadly pangs of disruptive activities. In such a situations measure must be taken to solve the issue.”

From a legal perspective, the debate ends with the Supreme Court decision in Kartar Singh v. State of Punjab[2] where it upheld the validity of anti-terrorist laws describing them as the need of the State. Such laws were held to be the need of the hour in light of the social situation prevalent in the country and thus held valid by a five-judge bench headed by J. Pandian in the case.

One of the major fallacies in this judgment is then the Court’s assumption that the legislative intent and social context of the Act must be taken into consideration at all times irrespective of its violation of any rights in part III of the Constitution.

Conclusion

The judgment was given by the Court in Kartar Singh then is erroneous. In the name of the security of the State, legislation cannot compromise the rights of the individuals. All along with the case, the Court has stressed that the situation in the country demands the need for strict measures and even if they violate the rights in part III, they are justified. We must not forget that we are a democracy, in fact, the world’s largest democracy.

When a government is made for the people and by the people, it must protect the rights of everyone and not just a majority. The judiciary in our country has never been rights-oriented. It has always sought to protect the interests of the State vis-a-vis the individuals.[1] This was more recently seen in the case of PUCL v. Union of India[2]where the Court upheld the validity of the Prevention of Terrorism Act (POTA).

[1] https://www.scribd.com/document/374627144/Indian-Penal-Code-Case-Analysis

[2] People’s Union for Civil Liberties v. Union of India, (2004) 9 SCC 580.

[3] Kartar Singh v. The State of Punjab, 1994 SCC (3) 569. para 22.

[4] 1994 SCC (3) 569.

Latest Posts