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This article is written by Prateek Chandgothia. This article discusses at length the different aspects of sports law in India including its governance and its interplay with other fields of law.

INTRODUCTION

Sports Law as a field of law overlaps substantially with other fields of law like labour law, competition law and arbitration law. Regulation of sports has become necessary in today’s age with the increasing levels of popularity and revenue generation. In the past few decades, almost every sport, especially cricket, football and basketball has transitioned from a simple act of playing to a complete industry playing a huge role in the global economy. Along with the increase in revenue generation, various sports have witnessed grave violations of not only the rulebook of that sport but of the general laws of the land. Acts like doping, bribery, corruption and tax frauds have overtaken the sports industry in the past decade. Certain violations in contravention of competition law or labour law within the sporting industry have been classified under the ambit of Sports law. Sports law also substantially covers the acts of betting and gambling.

International Regulatory Authorities for Sports

International governance of sports has become an important issue in the recent years as grave violations are on the rise. At the International level, the International Olympic Committee is an authority which governs the various Olympic sports.[i] Global Association of International Sports Federation was established in 1967 as an umbrella association for the International Federations of different sports around the world.[ii] Further, at the national level, countries have formed their individual associations like National Olympic Committees and National Governing Bodies of Sports, which regulate the sporting industry of a particular country. Anti-Doping agencies have also been established at the national and the international level to ensure the conformation of the various drug and substance abuse laws. Anti-Doping laws are substantial to ensure that the integrity of the sport is not hampered. World Anti-Doping Agency is the highest authority of anti-doping laws which works at the international level. It works in partnership with the National Doping agencies of various countries which are obligated to follow the rules and guidelines set by WADA.[iii]

Requirement of Governance of Sports in India

Indian Sports industry has witnessed a manifold growth over the past few decades as it has become the prioritised venue for major sporting leagues like Asian games, Pro Kabaddi league, Indian Premiere League and Indian Super League. Along with the substantial increase in capability to organise these major sporting events, many scandals have surfaced in the Indian Sporting Industry. Doping scandals have not been limited to a single sport as athletes from different sports have indulged in illegal doping activities, which makes it a collective issue of the sports industry as a whole. Indian cricket witnessed a recent doping violation as the BCCI handed over an eight month ban to the Indian Cricketer Prithvi Shaw. Narsingh Yadav, an Indian wrestler was banned for four years before the 2016 Olympic games at Rio De Janeiro. Regulation of the sporting industry would be essential in the post covid era as reports of increased doping among sportspersons due to the Covid-19 Pandemic, have been surfacing time and again.[iv] Moreover, there have been substantial efforts towards industrialisation of sports in India. However, it lacks an efficient and effective framework for governance.[v]

Governance of Sports Law in India

Sports is included in the 7^th schedule of the Indian Constitution and comes under the state list. It restricts the absolute nature of the sports regulatory bodies such as BCCI, Indian Olympic Association and Hockey India, as it gives the state government the power to regulate the sporting industry. Sports law in India is governed by policies, legislations and associations like National Sport Policy 1984/2001, Sports law and Welfare Association of India, Sports Authority of India, The Sport Broadcasting laws and Ministry of Youth Affairs and Sports.

National Sports Policy 1984/ 2001:

National Sports Policy of 1984 was passed by both the houses of the parliament with the objective encouraging and promoting sports in the country. It was stated to be reviewed after every five years. This policy lacked the regulatory frameworks and provisions for better propagation of sporting activities. As a result, the objectives of the policy were not completely fulfilled. National Sports Policy of 2001 was implemented as a corrective measure for the loopholes in the 1984 policy. It established the procedures and regulations that must be followed by the sport federation to get government sponsorship and representation grants. It also defined the responsibilities of various authorities which encourages and promotes better standards of sporting activities in India. It laid down the eligibility criteria which must be considered while providing government grants to the sporting federations. The 2001 policy pursue the inclusion of ‘Sports’ in the concurrent list of the Indian Constitution as sporting must be encouraged on national level with the central government playing a major role in the same.

Sports Law and Welfare Association of India

Sports Law and Welfare Association of India lays down a framework which integrates the legal industry with the sports industry. It is a not-for-profit organisation which promotes ethical practice of sports law in India at the national level. It coordinates between legal practitioners and sports persons to facilitate legal awareness and provide advice on various legal issues within the sport industry.[vi] It also lays down regulatory guidelines for sports associations and federations in order ensure conformation to the laws of the land. The association also facilitates establishment of a forum of legal practitioners who represent sports persons, associations, organisation and federations which ensures the sporting activities are not in contravention of the sports law. The association also promotes the discussion of various legal problems affecting the sports industry of India.[vii]

Sports Authority of India

Sports Authority of India is the apex body of sports regulations established in 1984, by Ministry of youth affairs and sports in pursuant of the 9^th Asian Games held in New Delhi in 1982. After successful organisation of major sporting events, the authority extended its scope to promote broad-based sports. It laid down policies to encourage youth to channelise the energy towards achieving excellence in sports. It also provided scholarships and integration of sports with academic disciplines by introducing physical education in the curriculum. It also coordinates the numerous sporting activities of the sporting industry.[viii]

4. Sports Broadcasting Legislation

The broadcasting guidelines have been laid down by Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act of 2007. The Act provides that any “content right owner or holder television or radio broadcasting service provider shall not broadcast live television on any cable or Direct-to-Home network or radio commentary broadcast in India of sporting events of national importance, unless it simultaneously shares the live broadcasting signal, without its advertisements, with the Prasar Bharati to enable them to re-transmit the same on its terrestrial networks and Direct-to-Home networks in such manner and on such terms and conditions as may be specified.”[ix] The objective of this act was to attract large percentage of the population to watch the various sporting events and as a result spread sports awareness.

Interplay of Competition and Sports Law in India

The Competition Act of 2002 replaced the Monopolies and Restrictive Trade Practices Act of 1969 to rectify the loophole of singular focus towards preventing monopolies rather than promoting competition. Currently, competition law in India is governed by the Competition Commission of India. Section 3 & 4 of the Competition Act provides for scrutiny in cases of violations. Section 3 prohibits anti-competitive agreements “in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India.”[x] Section 4 prohibits “abuse of dominant position in the country, through unfair purchase conditions, discriminatory pricing, conduct amounting to denial of market access, tying agreements etc.”[xi]

The interpretation of competition law in context with sports law in India is currently in its native stage with only a limited amount of jurisprudence. It is evident that certain dominating sports bodies in India resort to restrictive policies in order to restrict the entry of new competition into the particular sport. This was evidently portrayed when Indian Cricket League was launched by ZEE. The extreme reaction from the BCCI attracted violation under the Competition Law of India as BCCI sacked Kapil Dev as the chairman of the National Cricket academy and banned the 44 defected IPL players from playing for India. These kinds of restrictive malpractices have been recently included within the ambit of competition law as the industrialisation of Sports continues. However, The Competition Commission has decided some of the major cases providing a better understanding of the applicability of Competition law in the sports Industry. [xii]

In the case Department of Sports, MYAS v. Athletics Federation of India, the AFI was accused to have violated section 4 of the competition act 2002 as it decided to act against it members including athletes and office bearers who promote marathons which are not authorised by the AFI. The competition commission in the instant case, held that AFI was not guilty of violating the section 4 of the competition act as the decisions of meeting were not implemented and the actions were merely advisory in nature. The commission observed that while AFI is the Apex body governing marathons in India and exercises a significant monopoly over the said industry, various private organisations have organised number of marathons in the past which were not authorised by the AFI. Therefore, it was stated that there was no restrictive practice on the part of AFI and the athletes can continue to participate in marathons not authorised by the AFI.[xiii]

In another case between ICL and BCCI, the competition commission of India held BCCI, prima facie guilty of violating section 4 of the Competition Act 2002 as it restricted the players and office bearers from participating in the Indian Cricket League. The restrictive measures included sacking of office bearers and ban on the defected players. In the case titled Pan India Infra projects Private Limited v. Board of Control for Cricket in India (BCCI), it was contended that BCCI was, “putting pressure on corporates and Public Sector Undertakings to cease employment to players participating in ICL.” BCCI also offered ‘amnesty’ to the participating players on the condition that they cut all ties with the Indian cricket league. At an earlier instance, BCCI was fined Rs. 52.25 crores for anti-competitive behaviour. [xiv]The final decision by CCI in the case after the investigation of DG is yet to by pronounced. However, the case, provides for reason to believe that regulatory bodies use monopolistic practices within the sports industry by implementing restrictive policies and deterring fair competition.

In another significant case titled Hemant Sharma v. AICF, Competition commission held AICF guilty of anti-competition practices. It was alleged that AICF prevented the players from participating in CAI authorised competitions, which was a rival association of AICF. The allegations included ban on players for participation in CAI authorised competition, signing of declarations by the players that they must not participate in any competition which is not authorised by AICF. Moreover, a yearlong ban along with relinquishment of 50% of the pay in case the players participate in unauthorised competitions. The commission also referred to its previous judgements while pronouncing this judgement.[xv]

In all these major cases, the competition commission considered the pyramid like competition within the sporting industry as one regulatory authority exercises some kind of a monopoly in a particular sport. However, that authority cannot implemented restrictive policy which adversely affects the entry of a new rival association. It is evident that interplay of competition law and sports law is in an early stage of development in India. With the rise in popularity of different sports and increased levels of competition, this interplay will play a significant role in ensuring the ethical nature of the sporting activities.

Arbitration in Sports Law in India

Arbitration in India is governed by Arbitration and Conciliation Act of 1996 which is divided into two parts. The first part deals with arbitration held in India and the Second part deals with arbitration held outside India as governed by Geneva and New York conventions. The arbitration is first referred to the respective sports federation at the national level and then proceeds to international federations which govern the particular sport at the international level. There has been a significant rise in the number of legal disputes in the sports industry, which essentially calls for a more robust and fast-tracked framework of legal resolutions.

Court of Arbitration for Sports is an international forum for amicably resolving the legal disputes within the sports industry. It was set up by International Olympic Committee in Lausanne, Switzerland in 1983. The composition of the court consists of over 150 arbitrators from 37 countries appointed by the International Council of Arbitration for sports for a renewable term of 4 years. ICAS replaced the role of the IOC after the Switzerland Supreme Court rule that CAS was a true court of arbitration. In order to avoid biased ruling in favour of the IOC, the Supreme Court of Switzerland laid down the establishment of ICAS who took over the role of foreseeing the functioning of CAS and its funding. Some of the non-Olympic sports have their own established tribunals for settling the disputes arising within that sport. The court oversees both commercial and disciplinary disputes arising within sports. Commercial disputes often include contractual agreements such as sponsorship, funding, broadcasting and media rights and also include the competition law violations. Disciplinary disputes include cases of doping violations, sexual harassment and other behavioural violations by the sportsperson. The IOC established the Indian Court of Arbitration for Sports in 2011. It is however, a fairly new tribunal with a limited history of adjudication but going forth into an era of increased popularity and competition within sports, the tribunal will have to play a significant role in ensuring amicable fast tracked dispute settlement.[xvi]

[i] International Olympic Committee – History, Principles & Financing. (2021, May 18). International Olympic Committee. https://olympics.com/ioc/overview

[ii] B. (n.d.). GAISF » MISSION AND VISION. GAISF. Retrieved June 8, 2021, from https://gaisf.sport/mission-and-vision/

[iii] Baron, D. A., Martin, D. M., & Magd, S. A. (2007, June). Doping in sports and its spread to at-risk populations: an international review. NCBI. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2219897/

[iv] Chandran, P. (2020, April 29). The COVID-19 Lockdown Could Lead to a Rise in Doping Among Sportspeople. The Wire. https://thewire.in/sport/covid-19-lockdown-doping

[v] Dabholkar, S. (2020, August 6). The Case for Industrialising Sports in India. The Wire. https://thewire.in/sport/sport-khelo-india-olympics

[vi] Verma, A. (2021, January 9). Everything you need to know about sports law in India. IPleaders. https://blog.ipleaders.in/everything-need-know-sports-law-india/#Various_associations_that_govern_the_sports_law

[vii] Kanth, G. (n.d.). Emergence of Sports Law in India. Indian Law Journal. Retrieved June 9, 2021, from https://www.indialawjournal.org/archives/volume3/issue_2/article_by_Gaurang.html

[viii] Kanth, G. (n.d.). Emergence of Sports Law in India. Indian Law Journal. Retrieved June 9, 2021, from https://www.indialawjournal.org/archives/volume3/issue_2/article_by_Gaurang.html

[ix] Verma, A. (2021, January 9). Everything you need to know about sports law in India. IPleaders. https://blog.ipleaders.in/everything-need-know-sports-law-india/#Various_associations_that_govern_the_sports_law

[x] S.3, The Competition Act, 2002

[xi] S.4, The Competition Act, 2002

[xii] Kanth, G. (n.d.). Emergence of Sports Law in India. Indian Law Journal. Retrieved June 9, 2021, from https://www.indialawjournal.org/archives/volume3/issue_2/article_by_Gaurang.html

[xiii] Re Department of Sports, MYAS v. Athletics Federation of India, Reference Case No. 01 of 2015, 2016 (Competition Commission of India)

[xiv] Re Surinder Singh Barmi v. Board of Control of Cricket in India, Case No. 61/2010 (Competition Commission of India)

[xv] Hemant Sharma v. All India Chess Federation, Case No. 79 of 2011 (Competition Commission of India)

[xvi] Gupta, S. Y. A. H. (2020, April 29). Arbitration in the Realm of Sports Law – Need of the Hour or Not? JURIST – Commentary – Legal News & Commentary. https://www.jurist.org/commentary/2020/04/yadav-gupta-sports-arbitration/

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This article is written by SANJANA SUMAN, a student of Amity law School, Amity University Jharkhand Ranchi. This article is a critical analysis of the Sedition Laws in India. The concept of sedition as given in Section 124A of the Indian Penal Code, 1860 and major supreme court decisions.

INTRODUCTION

In 2016, three students from Jawaharlal Nehru University (Kanhaiya Kumar, Omar Khalid, and Anirban Bhattacharya) were arrested by Delhi police for chanting anti-national slogans for bringing the sedition law to light. The state and the centre frequently use sedition accusations against reformers, artists, and dissenters in order to silence their political disagreement and bring the rest of the country into line.

During the period of independence, the law of sedition was frequently debated. Recent claims of sedition levelled against CAA and NRC demonstrators have generated debate. Amulya was imprisoned in pre-trial custody for 14 days after yelling “Pakistan Zindabad” at an anti-CAA rally in Bangalore. On January 2020, the state police arrested the mother of a pupil and the administrator of a school in Karnataka on treason allegations. Then one of his students delivered a project that allegedly violated the Citizenship Amendment Act (CAA) and the National Registry of Citizenship (NRC).

The Sedition Law in India

Section – 124(A) of the Indian Penal Code explains “Sedition” in vast and broad terms. It reads: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or aims to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life.”[1] While it covers the crimes that come under the law it does not give a precise definition of the term ‘sedition’ itself.

Sedition Meaning

In the common definition, sedition refers to inciting people to rebel against the government. Sedition encompasses any acts and behaviours that aim to incite dissatisfaction or disloyalty against the Constitution, the Government, or Parliament in order to cause a public disturbance or lead to civil war, as well as all efforts to encourage public conflict or disorder in general. In Rex v. Adler[2] the court defined the law of sedition in the following words, “Nothing is clearer than the law on this head – namely, that whoever by language, either written or speaking in a way that incites or encourages others to use physical force or violence in some public matter related to the State is considered seditious libel. The word “sedition” signifies a disturbance, an insurgency, a public commotion, or an outrage in its ordinary natural sense; it involves violence or illegality in some manner…”

Punishment for the Offence of Sedition

Sedition is a crime that cannot be punished with a fine. The penalty under Section 124A can vary from a three-year jail sentence to a life sentence, plus a fine.
A person accused under this statute is prohibited from working for the government. They are forced to live without their passports and must appear in court whenever they are summoned.

Historical Background of Sedition Law

Sedition laws were created in 17th-century England, when legislators felt that only positive government beliefs should be allowed to exist, as negative beliefs were harmful to the government and monarchy.
The law was enacted in 1837 by British historian-politician Thomas Macaulay, but it was mysteriously omitted from the Indian Penal Code (IPC) in 1860.
Section 124A was added in 1870 as a result of an amendment proposed by Sir James Stephen, who saw the necessity for a special section to deal with the infraction.
It was one of several harsh laws adopted at the period to silence any dissenting voices.

Constitutionality of Sedition in India

The first case that tackled the constitutionality of Section 124-A was Ram Nandan v. State of U.P[3]. The Allahabad High court held that section 124-A of the IPC is ultra vires as it violates Article 19(1) (a) of the Constitution. Section 124-A was believed to limit freedom of speech and strike at the constitution’s core foundations.

However, this was overruled in the case of Kedarnath Das vs State of Bihar[4]. The court in this case held that this section should limit acts involving intention or tendency to create disorder or disturbance of law and order or incitement of violence. This part, however, is in violation of Article 19 if it is utilised arbitrarily.

It should also be noted that in 1951, Article 19(2) was amended to add the expressions “in the interest of” and “public order.” This amendment put a statutory limit on freedom of opinion and speech. In Kedarnath Das vs. State of Bihar, the Court held that the phrase “in the interest of public order” has a broader meaning and can be read to cover not just conduct that are likely to disturb public order, but also Section 124 – A. It was also decided that any legislation adopted in the sake of public order can be protected from being declared unconstitutional. The Court further decided that the right provided by Article 19 (1) (a) is subject to the limit set forth in Article 19 (2), which includes the following: First and foremost, state security. Second, there are cordial contacts with other countries. The third point is public order. Fourth, morality or decency. Article 124 – A of the IPC falls under the category of security of the state and public order because it punishes any spoken or written words or visible representation that has the effect of inciting or attempting to incite hatred, contempt, or disaffection against “the Government established by law.”

Major Supreme Court Decisions on Sedition Law

The SC highlighted debates over sedition in 1950 in its decisions in Brij Bhushan vs the State of Delhi and Romesh Thappar vs the State of Madras.

The court ruled that a regulation restricting speech on the grounds that it might disrupt public order was unconstitutional in certain situations.
It also stated that disturbing public order is tantamount to undermining the State’s foundations or threatening its overthrow.
Thus, these decisions prompted the First Constitution Amendment, where Article 19 (2) was rewritten to replace “undermining the security of the State” with “in the interest of public order”.

In 1962, the SC decided on the constitutionality of Section 124A in Kedar Nath Singh vs State of Bihar.

It affirmed sedition’s legitimacy, but only applied it to “acts involving the intent or tendency to cause disruption, disturbance of law and order, or encouragement to violence.”
These were distinguished from “extremely forceful speech” or the employment of “vigorous language” critical of the administration.

In 1995, the SC, in Balwant Singh v’s State of Punja, held that mere sloganeering which evoked no public response did not amount to sedition.

Short term measures

All speech-related offences should be made bailable, as this would reduce the negative impact of utilising arrest and incarceration to harass people exercising their rights under Article 19(1). (a).
The offences should be rendered non-cognizable so that the police can be held accountable if they act on politically influenced allegations.
In the case of violations of Sections 153A (“promoting hatred between different groups on the basis of religion, race, place of birth, residence, language, etc., and committing acts harmful to maintaining harmony”), and under Section 196(1) of the Code of Criminal Procedure, it is required to acquire prior government sanction before taking cognizance of the offences under Section 295A of the Indian Penal Code. It has to be extended to the offence of sedition under Section 124A.
In the case of hate speech, it is critical to place the burden of proof on people who claim their feelings have been wounded rather than taking their claims at face value. Finally, courts must begin to take action against people who file malicious charges against free speech actions.

Conclusion

Democracy is meaningless without freedoms and sedition as defined and administered by the police and governments, is a denial of it. However, before the law loses its significance, the Supreme Court, as the guardian of citizens’ fundamental rights, must intervene and assess the law, perhaps declaring Section 124A illegal. The term “sedition” should be used cautiously. It’s like a cannon that shouldn’t be used to fire a mouse, yet cannons are required by the arsenal, usually as a deterrent and occasionally for firing.

REFERENCES

[1] Section 124(A) of The Indian Penal Code, 1872

[2] Rex. v. Adler (1909) 22 CCLC

[3] Ram Nandan v. State of U.P. AIR 1959 All 101

[4] Kedarnath Das vs State of Bihar AIR 1962 SC 955

https://www.indiatoday.in/education-today/gk-current-affairs/story/use-and-misuse-of-sedition-law-section-124a-of-ipc-divd-1607533-2019-10-09

http://www.legalserviceindia.com/legal/article-4929-critical-study-on-sedition-laws-in-india.html

https://abhipedia.abhimanu.com/Article/State/NTEyOTQEEQQVV/Sedition-laws-in-India-Bihar-State

https://www.drishtiias.com/daily-updates/daily-news-analysis/sedition-law-2

http://ijlljs.in/wp-content/uploads/2017/12/Essay.pdf

https://www.researchgate.net/publication/342503880_An_analysis_of_sedition_law_in_India

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The article is written by Faraz Ahmed, a graduate of law from International Islamic University.

Trade relations between India and Pakistan have never been smooth, both the countries have faced ups and downs, hurdles are created to bring the commerce to a halt. Two years back in 2019, Pakistan suspended its trade ties with India after New Delhi imposed direct control over the part of Kashmir India administers and revoked its constitutional status. Pakistan decided to continue the trade boycott until India revives the special constitutional status of Kashmir valley.

Recently, Pakistan’s Economic Coordination Committee (ECC) has lifted the 20 months long trade suspension in a very restrictive manner and allowed some private enterprises to import few commodities such as wheat, sugar, and cotton as the country is suffering from food shortages and very high inflation rate. Finance Minister Hamad Azhar stated that lifting trade restrictions is only to cop the soaring domestic prices of commodities and bring the price rate under control. Shortly after the decision, Prime Minister Imran Khan is heavily slashed by the opposition parties for his unanimous decision of partial resumption of trade with India without taking the parliament into confidence as the Kashmir dispute is still lingering on; whereas, PM stated that Pakistan stands firm on its narrative and shall not resume the trade until New Delhi revives the special constitutional status of Kashmir.

On the other side, India has shown willingness to resume trade with Pakistan and placed the onus of restoring trade ties on Pakistan since the latter had unanimously suspended the bilateral trade relations. Minister of state for commerce and industry Hardeep Singh Puri has stated that India desires normal relations, including trade with all countries, including Pakistan. Pakistan unilaterally suspended bilateral trade with India in August 2019. It is for Pakistan to review its unilateral measures on trade relations.

The Indo-Pak trade relations are not new and have not been the same always. At some point in time, these bilateral relations were at their peak as well. After both countries got independence from their colonial father- the British- signed a general treaty on trade GATT (General Agreement on Tariffs and Trade) on October 23, 1947. Founding fathers of both the countries have envisaged amicable relations between the two nations. M.A. Jinnah, the founding father of Pakistan, had a very positive vision for Pakistan-India relations. He believed that the two states would co-exist in peace and harmony like the United States and Canada. However, situations didn’t turn out to be favorable for these neighboring countries. At first, forced cross-border migration from both sides resulted in communal violence, and tragically over a million of the 14.5 million who decided to move in either direction lost their lives. Additional to this bloodshed and mayhem, the annexation of princely states particularly, the dispute over Jammu and Kashmir created deep suspicions, and over the years this issue has remained the hindrance between Indo-Pak trade ties that are contingent upon resolving this outstanding issue.

Despite these territorial conflicts, the political leadership of both countries has kept the trade and economic issues separate from politics. In 1948–49, Pakistan’s exports to India accounted for 56 percent of its total exports, while 32 percent of Pakistan’s imports came from India. The two countries were trading normally during this turbulent period. India was Pakistan’s largest trading partner, and this continued to be the case until 1955–56. Between 1948 and 1965, Pakistan and India used several land routes for bilateral trade. These included eight customs stations in Punjab province and three custom check posts in Sindh. Pakistan and India, invoking Article 24/paragraph 3(a) of GATT, even signed a bilateral agreement on December 22, 1957, to facilitate border trade. From 1947 to 1965, Pakistan and India entered into 14 bilateral agreements related to trade facilitation. These agreements covered avoidance of double taxation, trade in goods, food items, trade facilitation, border trade, air services, and banking. An example of amicable relations between these two nations is present when Pakistan exported grain from Sindh to deficit provinces of India, and India exported flour to East Pakistan. Both Pakistan and India had bank branches in each other’s countries. In 1965, there were nine branches of six Indian banks operating in Pakistan. Pakistan’s Habib Bank had a bank branch in Mumbai.

In the year 1965, all things changed abruptly. The unresolved Jammu-Kashmir conflict had resulted in a war between the two nations. Customs officers at Wagah post near Lahore became the first civilian prisoners of war, and banks in both countries were seized as enemy properties. This time trade and economic ties could not last and become the casualty of war. There was a trade embargo between India and Pakistan after the war of 1965, and it continued till 1974. During this period, several efforts were made to revive the trade, but nothing tangible could be achieved.

In 1972, the Simla Agreement was signed between Pakistan and India. Under this agreement, trade resumed on a limited scale in 1974. Both countries worked on positive lists, which expanded incrementally over the years. In November-December 1981, Pakistan joined the Delhi International Trade Fair. Thereafter, the exchange of trade delegations between the two neighbors occurred in quick succession. In June 1983, a Joint Business Commission was constituted, with the leading objective to accelerate the decision-making process on matters seeking government approval and suggesting new items for bilateral trade. In 1986, India and Pakistan became signatories to the final document of the South Asian Association for Regional Cooperation (SAARC) which committed itself to promote the welfare of the people of South Asia. In July 1989, Pakistan agreed to import 322 Indian items. The installation of the Nawaz Sharif Government in 1991 also boosted Indo-Pak trade, and trade touched Rs. 5225.9 million in 1992-93 from Rs.1680.9 million in 1990-91. South Asian Preferential Trading Arrangement (SAPTA), concluded in December 1995, introduced an integrative trading arrangement in the region. At the end of three rounds of trade negotiations, a total of 5550 tariff lines had been included for tariff concessions. In 1996, India accorded Most Favored National (MFN) status to Pakistan. In the same year, Pakistan increased its positive list to 600 items that may be imported legally from India. In 2003, Pakistan’s Prime Minister announced the inclusion of another 78 items to the positive list. Most of the permissible items include chemicals, minerals, and metal products. Commodities such as cardamom and tea still have high tariffs. In 2003, India’s trade complementarity index (TCI) was 50 percent, while Pakistan’s TCI with India was only 14 percent. India’s TCI with Pakistan was highest in 2007, and Pakistan enjoyed the highest TCI in 2010, thus improving its complementarity with India. In March 2006, during the 3rd round of Composite Dialogue process discussions, both countries agreed to discuss the new shipping protocol, the deregulations of air services, the joint registration of basmati rice, an increase in the size of Pakistan’s positive list, proposals for information-technology-related medical services and export insurance by India, and work on a memorandum of understanding for cooperation in capital markets by Pakistan. In November 2011, during the 6th Round of Commerce Secretary Level Talks at New Delhi, both countries agreed to develop mechanisms to address issues of Non-Tariff Barriers. The two countries initiated three agreements i.e., Customs Cooperation Agreement, Mutual Recognition Agreement, and Redressal of Trade Grievances Agreement. In November 2011, Pakistan decided to grant the Most Favored Nation (MFN) status to India to boost bilateral trade.

While concluding my write-up, I must say that both countries have the right opportunity to end their past tensions and move forward with new hopes and aspirations to build an economically powerful bilateral relationship. Both countries should create an atmosphere of peace to boost trade. Investment and major ventures can take place in a big way if both sides can create an enabling political environment of peace, trust, and confidence. The major beneficiary of this bilateral trade is the consumer who receives the products at low costs as the production cost of goods is very low.

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Vanshika Samir, the author of this article, is a first-year student at the Rajiv Gandhi National University of Law, Punjab. The article revolves around the issue of child sexual abuse and the concerned legal provisions in India.

INTRODUCTION

India is the world’s second-most populous country, with 430 million youngsters accounting for 42 percent of the country’s overall population. 50 percent of the whole population of children is under care and protection, which includes protection from child sexual abuse. Rape, sexual harassment, and other forms of child sexual abuse have become a major concern in India. Millions of boys and girls are sexually assaulted by relatives or known people both within and outside their families. Children in India are supposed to obey and respect others without questioning what they do. Child sexual abuse has a greater impact in India than in any other country on the planet. Child Sexual Abuse (CSA) is defined as a sexually motivated mental or physical assault on a kid by a person in a position of authority and trust over the child. Indian legal provisions do not provide for an exact definition of child sexual abuse. Various sexual crimes constitute offences against children. Children are traumatized not only by child sexual abuse but also by the law because they are uninformed of the crime. The futures of children are compromised as a result of the trauma they are experiencing.

The concerned legal provisions and their application

In India, there was no proper legal framework for dealing with child sexual assault until 2012. Sections 354, 375, 377,509 of the Indian Penal Code, 1860, previously protected sex offences against children. As per Section 354(5), “Assault or criminal force to a woman with the intent to insult her modesty”.^[1] Rape is dealt with in Section 374.^[2] Anyone who seeks to offend a woman’s modesty through word, gesture, or act is charged under Section 509 of the IPC,^[3] whereas unnatural offence is dealt with under Section 377 of the IPC.^[4] The Young Persons (Harmful Publication) Act of 1956 deals with pornography.^[5] It was in the year 2012, that the Protection of Children from Sexual Offences Act (POSCO) was passed by the Indian Parliament in 2012.^[6] The domain of this act is strictly limited to victims below the age of 18 years. POCSO Act is gender neutral. As per Section 19(1), it is mandatory to report sexual offences committed against children below 18 years.^[7] Also, the act enlists the sexual crimes against individuals aged below 18 years. Section 3 of the POSCO Act states: “A person is said to commit “penetrative sexual assault” if (a) “he penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a child or makes the child to do so with him or any other person”; Since the words “any other person” are used in Section 3(a), women may also be offenders or victims under the second part of Section 3(a)”.^{^[8]} The consent of the child is not relevant in cases under POCSO Act. The act provides for protection of minors during the entire judicial process. It provides for a speedy settlement of the dispute and seeks strict maintenance of confidentiality during camera recording.

The POSCO Act was passed to make offences like child rape, sexual assault, sexual harassment, and pornography involving a child (under the age of 18) illegal. The law demands the establishment of Special Courts to expedite trials in cases of child sexual abuse. POCSO’s passage was undeniably a significant step forward in ensuring children’s rights. The POSCO Act imposes harsh penalties that are tiered according to the severity of the offence. ^[9]The penalties range from minor infractions to lengthy incarceration. There is also a provision for a fine, which the Court will decide. When a person in a position of trust or authority over a child commits an offence, it is considered aggravated. The Honorable Delhi High Court in the case of State vs Pankaj Choudhary^[10] prosecuted the accused only for outraging the modesty of a woman for digital penetration of the anus and vagina of a 5-year-old child because digital penetration was not recognized as an offence under the Indian Penal Code. The judgement was made prior to the passage of the POSCO Act. Under POCSO Act, after provision concerning penetrative sexual assault has been added, there is a considerable increase in the protection of children. In another case, referred to as Tuka Ram and Anr. v State of Maharashtra.^[11] Here, a young tribal girl was raped by two police officers. The session court decided that she had given her permission, shedding light on India’s rape laws. Later, the Bombay High Court concluded that while the justices of the session court distinguished between rape and sexual intercourse in their verdict, they failed to distinguish between consent and passive submission.^[12] This case is therefore considered historic from both a social and legal standpoint, as it caused massive protests and public uproar for the first time in India for large-scale rape cases, and led to numerous improvements in Indian rape law through the Criminal Law (Second Amendment) Act, 1983. It should be noted that POCSO Act is often misused by individuals. It is observed by various courts in different judgments that any attempt to utilize the Protection of Children from Sexual Offenses Act (POCSO Act) to settle a score with an opponent must be stopped.

Conclusion

Only a small number of incidences of child sexual abuse are recorded. Other victims do not even tell their parents about their ordeal. The feeling of silence and shame that defines cases of child sexual abuse is the toughest aspect. Youth must be shielded against the harmful effects of child sexual abuse in order to overcome them. It’s critical to apprehend the perpetrators of sexual assaults on Indian children. The growing threat of child sexual abuse has spread beyond the home to places that are tasked with safeguarding the interests of children, such as Juvenile Justice Homes. Child sexual abuse is shrouded in secrecy. It is critical that the child’s parents and guardians become aware of the condition and comprehend its severity. It is equally critical for parents to provide a safe atmosphere for their children and to teach them how to defend themselves against sexual assault.

[1] Pen. Code §354(4).

[2] Pen. Code §374.

[3] Pen. Code §509.

[4] Pen. Code §377.

[5] Young Persons (Harmful Publication) Act, No. 93, Acts of Parliament, 1956(India).

[6] Protection of Children from Sexual Offences Act, No. 32, Acts of Parliament, 2012(India).

[7] Protection of Children from Sexual Offences Act, §19(1), No. 32, Acts of Parliament, 2012(India).

[8] Protection of Children from Sexual Offences Act, § 3, No. 32, Acts of Parliament, 2012(India).

[9] Priya Jagdeesh, Child Sexual Abuse and the Law in India, http://www.legalserviceindia.com/legal/article-809-child-sexual-abuse-and-the-law-in-india.html.

[10] Delhi High Court Order dated August 17, 2011 in Crl. Appeal No. 813/2011

[11] Tuka Ram and Anr. v. State of Maharashtra, AIR 1979 SC 185

[12] Ibid.

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Vanshika Arora is a first-year B.A.LLB student at Army Institute of Law, Mohali.

The most recent development in Nepal politics has been the announcement of a fresh election by President Bidya Devi Bhadari, when KP Oli lost the vote of confidence in parliament under Article 76(5) of the constitution. Article 76(2) of the constitution of Nepal states that any leader is required to furnish proof of majority in the House of Representatives, failing which the President can invoke Article 76(3), which requires the leader of the largest party to form the government by proving majority in the house. KP Oli, being the leader of the largest party, failed to claim a majority. This is the second time that the parliament of Nepal has been dissolved in a year. Earlier, it was dissolved in December 2020 by the incumbent KP Oli. This is when the Supreme Court reinstated the parliament, in February 2021. The political uncertainty has caught the world’s eye view since it has been happening amidst the repeated coronavirus waves. The Nepalese parliament has not been in regular functioning since it was dissolved last year, leaving the socio-economic management of COVID in silos.

Background

The story begins with the formation of NCP (Nepal Communist Party), in 2018. The NCP was formed by the merger of two parties, namely Communist Party of Nepal- Unified Marxist Leninist (CPN-UML) and Communist Party of Nepal (Maoist Center). The NCP later split into two factions, the CPN-UML led by KP Oli and the Maoist Center led by Pushpa Kamal Dahal, also known as Prachanda. Only a few months later, a Supreme Court judgment declared the NCP unconstitutional and revived the original parties, also declaring that NCP belonged to Rishi Kattel (another communist leader).

The Supreme Court judgment rendered CPN-UML as the largest party in parliament with 121 seats. Normally, this would mean an end to the political crisis in Nepal. However, a lack of solidarity and internal factionalism within CPN-UML has led the country into two parliament dissolutions within six months. The primary faces of these internal factions are Madhav Kumar Nepal, Jhala Nath Khanal, and Pushpa Kamal Dahal against KP Sharma Oli. The Dahal faction claims to have 90 seats, leaving Oli with 84 seats at his disposal. seeking support outside of the party, Oli approached the fourth largest party of Nepal, Janata Samajbadi Party- Nepal (JSPN), that garnered 32 seats. Prachanda on the other hand, reached out to Nepali Congress led by Sher Bahadur Deuba, which had 63 seats.

India’s role

The JSPN support to Oli does not come unconditionally. The JSPN Madeshi leader Upendra Yadav has been promised seven seats and reverse in constitutional provision which denies citizenship to children born of Nepali mothers with foreign husbands. Therefore, this provision has been set aside by an ordinance. Oli was in support of this provision since the absence of it would allow Indians to marry Nepali women, and have children who could be Nepali citizens.

Some rumors claim that Oli has affirmed the BJP government in India, that he shall drive Nepal into a Hindu Rashtra and work closely with RSS. Such speculation has arisen after the recent visit of a former Nepali king to the Kumbh Mela.

Conclusion

The political situation in Nepal has not been stable for a long time. The 2018 elections were a ray of hope, for political stability and a government to last up until 2023. However, internal factionalism has proved hazardous for the Nepalese democracy. For Nepal to revive its monarchy, it is essential for the country to retain political and constitutional stability.

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This article is written by Shaheera Almas Sultana, pursuing BA LLB in NBM LAW COLLEGE, Vizag.

What is the Meaning of Pledge?

The word Pledge is defined as the goods being bailed in the form of security for payment of a debt or performance of a promise. The definition of pledge seems similar to the definition of bailment(goods are delivered on specific purpose from one person to another) but the pledge is considered as a special kind of bailment. The other word for the pledge is ‘Pawn’. The major difference between bailment and pledge is every pledge can be considered as bailment but every bailment cannot be considered as a pledge. An individual who delivers goods to another is called a Bailor. But in this case, the person who delivers the goods in the form of security for payment of a debt or performance of a promise is called a ‘Pledger’. The person who receives the goods is known as ‘Pledgee’ or ‘Pawnee’.

The words “Pledge”, ” Pawner” and “Pawnee” are defined in Section 172 of the Indian Contract Act, 1872, which states that ‘the goods being bailed in the form of a debt or performance of a promise, is termed as a pledge’.

Example:- A shopkeeper has delivered 100 bags of rice to the bank as security for obtaining a loan. The whole process is known as Pledge. Here, the shopkeeper is the pledger and the pledgee will be the bank.

To make it more simple let’s take another example, ‘X’ gave ₹50,000/- to ‘Y’ and kept Y’s gold chain with him in the form of security for the payment of the debt. In this case, the bailment of the gold chain is known as ‘Pledge’. Here, ‘X’ is termed as ‘Pledger’ and ‘Y’ is termed as ‘Pledgee’.

Section 172 deals with “Essential Elements of the Pledge”:-

Goods being delivered
For payment of a debt, security is required.
The given property must be movable.

Goods being delivered

To constitute a pledge, bailment of goods is necessary. This means the goods must be delivered from one person to another. The delivery of goods may be actual or constructive. During a popular case, Reeves v. Copper (1933) Bing NC 136; 132 ER 1057: during this particular case, the captain of the ship pledged his chronometer together with his employer. Here, the captain was allowed to keep the chronometer and to use it for the voyage. Later, the captain pledged the chronometer again with another person. As it was a case of constructive delivery the first pledge was valid. In another leading case, Bank of Chittor v. Narasimha, A.I.R.1966 AP 163: This was the case of constructive delivery where the bank gave access to the property pledged or bailed to them (a cinema projector and some accessories) to remain with the pledgers who sold those to the other person. Here, the sale was subject to the pledge.

For Payment of a debt, Security is Required

The main component of constituting a pledge is, the goods bailed between one person to another must serve as security for the payment of a debt, or performance of a promise made. In simple words, for the payment of a debt or for the performance of a promise the following goods should be bailed to serve as security. In Bank of India v. Binod Steel Ltd, without satisfying the claim of the bank, the movables pledged by a company to a bank cannot be attached and sold for the satisfaction of claims of other creditors of the company.

The Given Property must be Movable

The property given must be a movable property like goods, documents, valuables, and chattels.

Difference between Bailment and Pledge

Section 148 to 171 of the Indian Contract Act deals with bailment. Pledge is dealt with in Section 172 to 181 of the Indian Contract Act.
Bailment is made for any purpose but the pledge is made for specific purposes.
The Pledgee cannot use the goods but the bailee can use the goods.
If the pledger fails to complete his task on time then the pledgee has the right to sell the goods. Whereas, the bailer has no right to sell the goods.
The exercise of lien by bailee on goods are only for labour and service but pledgee can exercise lien even for non-payment of interest also.

The pledge by non-owners in Latin maxim known as “Nemo Dat quod non-habet”. The actual rule explains to us that the person who can create a valid pledge is the real owner. The interest of the individual is protected. In simple words, the person who has the actual right over the goods can only have the valid title over the goods and can create a valid pledge. But, there are some exceptional cases where a non-owner can also create a valid pledge.

Mercantile Agent creating a valid pledge:- Pledge by Mercantile Agent is dealt with in Section 178. It states that- ” when the consent of the owner is given to the mercantile agent regarding goods or the documents. It shall be valid for a pledge made by the owner when acting within the ordinary course of business of a mercantile agent because he was expressly authorized by the goods to make the same. It is also provided that the pawnee acts in good faith and during the time of pledge did not notice that the pawnor has no authority to pledge.
Under the voidable contract, pledge by the person in possession of goods:- The pledge made by the person who has caused the pawnor’s defect of title by acting in good faith and without the notice of pawnor, he gave the goods under a voidable contract under Section 19 or Section 19 A, the contract has not been rescinded at the time of the pledge.

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Economic Times Legalworld is hiring intern for its editorial team

Opening – 1
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Mode – Work from home
Duration – 6 months
Working hours– 9.30am-6:00pm
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Responsibilities

– Identify and publish relevant news stories and headlines related to the legal and corporate industry
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Eligibility

1. are from a legal and/or content writing background
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Perks

Stipend as per industry standards
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Application process

Kindly mail your resume to c-urja.doshi@timesinternet.in with subject line “Application for Legal Editorial Intern”

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About the job

AB InBev India is looking to hire Senior Manager – Legal for its Legal & Compliance Function-based out of Bangalore.

Primary Purpose of the role

Responsible for dispute resolution, work with compliance team on sensitive cases, manage external stakeholders, ensure adherence to new laws and regulations. The role requires to attend and arrange board meetings and ensure legal requirements are fulfilled.

Key Tasks & Accountabilities

High stake disputes resolution, working closely with compliance team on sensitive files
Route to Market advisory, label registration, engagement of CISPs
Management of relationship with external stakeholders, adherence to new laws and regulations
Resolving legacy issues in license framework, advising marketing and trade marketing for sustainable Marketing practices, training Sales and working closely with Sales on anti-trust commitment
Create the Litigation blueprint roadmap for BU India
Management of Legal Budget/ ZBB priorities
Compliance of all company-related laws such as the Companies Act, 2013 and all other allied laws that may be applicable to the Company
To arrange with and hold meetings of the board and to prepare a correct record of proceedings
To attend the board meetings in order to ensure that the legal requirements are fulfilled and provide such information as are necessary
To prepare agenda for board meetings, notice and explanatory statements of General meetings
Preparing and maintenance of minutes of directors’ meetings and general meetings
Ensuring all statutory forms are filed promptly
Interaction with Internal and Statutory Auditors

Required Knowledge, Skills & Attributes

Education & Experience

Minimum 5-7 years relevant experience with a multinational AlcoBev company or international consultant firm in India
Bachelor degree in related major/ LLB, specialized in Compliance and an international masters in law is desirable

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Fluency in English is essential, with exposure to a multinational desirable
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Reliable with a strong sense of integrity and compliance
Able to work independently

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3. Exceptional customer orientation

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About AIFC Academy of Law

The AIFC Academy of Law provides students and working professionals with internships opportunities and aims to attract and prepare talented law students and graduates from leading universities worldwide, who could contribute to the further development of the AIFC. Students and fresh graduates who are self-motivated, open to new challenges, eager to gain new skills, and acquire unique experience in working with the AIFC are encouraged to apply for our internships.

Intern Role

Interns will be working in legal teams of the AIFC Authority. Interns supported by the internship coordinators. The scope of work may vary on a day to day basis depending on the project. We will try to tailor the projects of your interests and expertise. There may be an opportunity to work on several projects simultaneously covering different legal issues.

Eligibility:

Fluent speaking and written English
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My LAWRD is inviting applications for Research Fellows.
Research Fellows will undertake extensive research on various issues related to technology law and policy. Fellows will engage to understand dynamic developments in the field and involve in producing quality work. The duration of this fellowship is for three months. In light of the CoVID-19 Pandemic, this opportunity will be online and facilitated virtually. Upon successful completion of the fellowship, candidates will be provided with a certificate of completion.

Requirements

The Candidates are required to have a good hold over the writing and communication skills
Those candidates can apply who are keen to work and understand the Tech Law Space
The candidates who want to pursue a career in Technology Law may apply.
The candidates should be able to spend at least 3 hours a day towards the association.
Students of 4th and 5th year of 5 year LLB course or the students pursuing 3 year LLB course can also apply.

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