Category: General

Legal Take on Gender Stereotypes in Indian Society
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S.no Contents 1. Introduction 2. The deep-rooted gender stereotypes and their legal consequences 3. Landmark Cases 4. Legal and Media Reactions to Gender Stereotyping.  5. Legal Interventions 6. Workplace Gender Bias: Legal Options and the Situation Today 7. Conclusion Introduction: Examining Gender Stereotypes in Indian Society Deeply embedded in all communities, gender stereotypes frequently uphold social norms that specify anticipated behaviours, roles, and characteristics depending on a person’s perceived gender. In India, a nation rich in variety and cultural tradition, gender stereotypes have long affected the lives and opportunities of millions of individuals. This article examines the negative effects gender stereotypes have on Indian society as well as the initiatives taken to combat them. The historical records and cultural perspectives have perpetuated gender stereotypes for a long time. As a result, they promote unequal power dynamics and prejudiced attitudes. These prejudices frequently limit the potential of people and uphold gender norms that favour one gender over the other. Such practices not only contravene the equality values stated in the Indian Constitution, but they also inhibit the development of a society that is inclusive. This article emphasises the importance of the legal system in changing cultural beliefs by highlighting important court decisions that have contested pervasive gender stereotypes1. It also looks at the legal measures put in place to control such representations as well as how media portrayals continue to reinforce these stereotypes2. The article also addresses initiatives in workplaces where gender discrimination still exists as well as in educational institutions, where the foundations of these biases frequently take hold3. Dismantling deeply embedded gender stereotypes calls for a multifaceted strategy as we navigate the complex web of legal frameworks, societal dynamics, and cultural perspectives. This article seeks to add to the ongoing discussion about changing the legal system to promote a more equal and impartial society for all people, regardless of gender, by examining legal changes, significant cases, and current difficulties. The deep-rooted gender stereotypes and their legal consequences Deep-seated gender stereotypes still have a significant impact on legal issues and inequalities in society, casting a wide shadow over social institutions. These stereotypes frequently take the form of presumptions about traditional gender roles and talents, which has an impact on people’s access to opportunities, care, and resources. Therefore, these skewed viewpoints go against the equality values stated in the Indian Constitution and impede the development of a just and inclusive society. The historic case National Legal Services Authority v. Union of India (2014)4 emphasised the need for laws to recognise and defend the rights of transgender people while also highlighting how difficult it is to combat gender stereotypes in the context of the law. Additionally, the 2013 passage of the Gender Sensitization and Sexual Harassment of Women in the Workplace Act5 emphasised the legal commitment to fostering impartial and safe workplaces. Legal changes that reframe societal standards are necessary to combat these preconceptions, creating an environment where the law can be a powerful weapon for eliminating ingrained gender biases. Legal Conflicts Against Gender Stereotyping: Landmark Cases. In the continuous battle against deeply embedded gender stereotypes in Indian society, landmark judicial decisions have become significant battlegrounds. These instances not only show the discriminatory effects of such preconceptions but also demonstrate how the judicial system has the ability to question and change social norms. National Legal Services Authority v. Union of India (2014)6 is a landmark case that recognised the rights of transgender people and the need to combat stereotyping. A landmark framework to combat workplace sexual harassment was established by the Supreme Court’s involvement in Vishakha v. State of Rajasthan (1997)7, which recognised the need for safe and impartial workplaces free from gender-based discrimination. These examples show how the judiciary has actively interfered to combat the persistence of gender biases, defying conventional wisdom. Society confronts the damaging effects of gender stereotypes by delving into these incidents. These court cases raise people’s awareness and promote discussions that advance society. They show that eradicating long-held preconceptions necessitates both society’s joint efforts and the judicial system’s authoritative position. Legal and Media Reactions to Gender Stereotyping.  The media has a significant impact on how society perceives things, but it also frequently reinforces negative gender stereotypes that impede the advancement of gender equality. This influence has a double-edged effect, reflecting and strengthening existing prejudices. To buck this trend, however, legal responses are starting to emerge. The National Legal Services Authority v. Union of India (2014)8 case brought attention to the media’s influence on public opinion and the need for regulation to stop the spread of damaging stereotypes. In order to meet the need to confront gender biases rather than perpetuate them, the legislative framework places a strong emphasis on the need for responsible media portrayal. By controlling media content, society makes progress towards eradicating entrenched stereotypes and promoting gender equality. These legal actions serve as a reminder of the media’s significant influence on society’s views as well as its capacity to accentuate good change. Not only must media representations be changed, but legal measures that will assure their implementation must also be acknowledged in order to effectively combat gender stereotypes. Legal Interventions: How Educational Institutions Can Drive Change While educational institutions are important for breaking down gender stereotypes, they can also unintentionally reinforce prejudice. Legal actions are crucial in converting these settings into places that support inclusion and gender equality. Legal actions to combat gender stereotypes and promote diversity have been taken against educational institutions, which play a significant role in forming cultural attitudes. Anuj Garg v. Hotel Association of India9 is one of these important cases in which the Supreme Court emphasised that educational institutions must uphold gender equality and ensure a setting free from prejudice and stereotypes. This case supports the requirement for institutions to stop discriminatory behaviour. The Gender Sensitization and Sexual Harassment of Women at the Workplace Act, 2013, also broadens its application to educational institutions and requires a proactive strategy to combat gender-based discrimination. The value of education in influencing society’sRead More

The impact of India’s Right to Information Act, 2005
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S.no Contents 1. Introduction 2. Antecedents and Evolution of the RTI Act in India 3. Importance of the Act 4. Impact of the Right to Information Act, 2005 5. Cases Related to the Right of Information Act, 2005 6. Conclusion Introduction “A basic tenet of a healthy democracy is open dialogue and transparency”, said Peter Fenn. The RTI Act was passed by the Parliament of India on June 15, 2005, and it came into existence on October 12, 2005. Every citizen of India has been bestowed the fundamental right to free speech and expression under Article 19(1)(a) of the Constitution of India. The right to information regarding matters of public interest becomes a pivotal point when it comes to forming opinions regarding the governance of the nation. RTI assures the citizens that the rights they possess will allow them to have complete transparency on the part of the government. In modern times, the educated as well as the illiterate classes of society want to be informed regarding the functioning and operation of the administrations in the country. They want to be apprised of how their funds and taxes are being utilized by the government. The citizens look forward to maintaining a system of scrutiny of the administrative campaigns in order to keep a check on swindling and corruptible activities. The paramount objective of the Right to Information Act, of 2005, is to strengthen the functioning of the authorities and make sure that no anti-people policies are carried out, and if any such activities are detected, they can be backed by legitimate grounds. India has evolved over a time period of 82 years from being a country where the citizens had no right to demand information regarding the secretive official Acts passed by the colonial officers to being a nation where the Constitution vests the rights of citizens to have access to every information regarding the working of the state machinery wherein the citizens are allowed to know the power and authority vesting in the officers, the utilization of the funds, as well as “information” involving and pertaining to press releases, records, notices, circulars, contracts, memos, models, public data, and reports released by Ministries, public sector undertakings, etc. The Hon’ble Supreme Court has also substantiated at times the need for an act that allows the citizens to have knowledge in order to better judge and inspect the functioning of the government.1 Antecedents and Evolution of the RTI Act in India Importance of the Act Impact of the Right to Information Act, 2005 RTI was implemented in order to improve communication between the government and its constituents. It has established the nation’s official definition of moral leadership. Keeping citizens and authority on an equal footing has caused changes in the orientation of superiority. The citizens now have a voice and a manifesto through which to voice their concerns, limit the authority granted to government officials and authorities, and monitor the services that are being rendered to them. The Act outlines a number of provisions and actions that the public may take to voice complaints and inquiries about any work done by any public office. Earlier, many people were unable to benefit from the schemes and amenities that the government used to publicize, but due to a lack of familiarity and awareness, they had no access to any of those. However, since the RTI Act, the government has mandated that several sectors correspond and make sure that the general public consumes the benefit of every such service.4 RTI has proven to be successful in manoeuvring the corruption rate in the country, which was one of its prime agendas. Now every person sitting in government offices on a chair fears exposure, and it has led to improvisation in their accountability towards the nation. It has led to a significant diminution in bribery. It has made the public officers more service-oriented; people have started taking their jobs seriously because the general public wants an on-paper record of whatever roles the officers are imparted with and whether they are doing their work with scrupulousness. Every level of administration in our nation, from the local to the federal, has greatly benefited from it. It has highlighted the seriousness of the statement that everyone holding a position of authority is answerable to the public in every way permitted, including giving written testimony upon request or producing any document or report for inspection. It calls for the full disclosure of all records that the public has a right to access. Cases Related to the Right of Information Act, 2005 In the case of Hamdard Dawakhana vs. Union of India5, the Drug and Magic Remedies (Objectionable Advertisement) Act had put restrictions on advertising drugs with claims of having magical properties, which was challenged in court, saying that it was restricting their freedom to advertise. The Supreme Court held that advertising is no form of speech but a mode of trade and commerce, and therefore no such ideas can be put forth that might affect the purchasing power of the buyer. The customers have the right to information regarding what they’re purchasing. In the landmark judgment of State of U.P. vs. Raj Narain6, Justice K.K. Matthew noted that in a “government of responsibility like ours,” where every officer is bound to be accountable for their actions, there has to be maintained a transparent relationship between the public and the citizens, and the public should be provided with every piece of information that relates to public affairs. The court in the case of S.P. Gupta vs. Union of India7 granted constitutional validity to the Right to Information, highlighting the spirit of Article 19(1)(a)  and drawing prominence to the fact how essential openness of government is when it comes to establishing the notion of an ideal democracy, and it drew a parallel significance of the Right to Information with the freedom of speech and expression by noting that the Act follows a correct line of interpretation of the Fundamental Right. The court again emphasized theRead More

The Effect of the New Anti-Corruption Bill, 2021 on Corruption in India
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S.no Contents 1. INTRODUCTION 2. UNDERSTANDING THE CONCEPT OF CORRUPTION 3. HISTORY OF CORRUPTION IN INDIA 4. REASONS FOR RISING CORRUPTION IN INDIA 5. EFFECTS OR CONSEQUENCES OF CORRUPTION 6. STEPS TAKEN BY THE GOVERNMENT TO CURB THE PRACTICES 7. EVOLUTION OF THE ACT 8. AMENDMENTS IN ACT FOR BETTER WORKING 9. PENALTY AFTER 2018 AMENDMENT 10. CONCLUSION INTRODUCTION  Even after 75 years of Independence India is struggling or lacking to resolve the expanding problem of corruption in the nation. Corruption is the practice that is prevailing in the roots of the nation to get work done through backdoors or an illegal or illicit way and at the same time it is acting as a backfire step in the evolution or growth of the nation. The practice of corruption is seen as a hindrance and as a major barrier to success for developing countries like India. As India is a country with a vast and growing population is a tough and challenging problem to regulate or control the activity which is against the law. India is not only the country facing the problem of corruption every growing or evolving nation in the present world faces complications regarding corruption practices prevailing in the nation. This problem was significantly neglected or ignored by the government at the starting point as they felt that these practices will not affect the nation in a threatening way but after reviewing and scrutinizing the corruption practices the government felt there should be policies, acts, regulations structured or designed in such a way so that it can curb the problem of corruption. So the government decided to frame or structure policies, acts, statutes, and norms that can considerably regulate this growing constraint.  UNDERSTANDING THE CONCEPT OF CORRUPTION  “Corruption” is described as “the unlawful use of governmental authority for private gain.” This abuse of power weakens a democracy by undermining trust between two or more parties. Additionally, corruption may exacerbate poverty and inequality while impeding a country’s ability to prosper economically. Understanding how corruption operates is crucial to exposing it and holding the dishonest accountable for establishing a corrupt system. The growth of the nation is badly impacted by its aftermath and acts as a hindrance toward the systematic and continuous progress of the nation. HISTORY OF CORRUPTION IN INDIA  We are natives of Gandhi’s country, for whom the essential tenets of life were honesty and nonviolence. I will use the 2000-year-old Vedic proverb “Satyam vadhadharmam charah” as an example. The motto of our country is Satyameva Jayate. Therefore, we all support honesty and truth, at least on a lip service level. Our government thinks that telling the truth will win, and all of our major faiths support this idea. However, India is one of the most corrupt nations in the world. The actual degree of corruption in India is unknown. However, everyone is aware of how ubiquitous it is and how it is steadily eroding the nation’s foundation. There is little question that the future of democracy is in jeopardy if corruption, bribery, and nepotism are not stopped as soon as possible. The parallel is distressing to those of us who are aware of the high moral standards that prevailed before and shortly after India became an independent nation. We seek in vain the integrity, effectiveness, quality, and commitment to duty that once distinguished government. One starts to doubt whether we are the same people that rode to independence with the motto “truth and sacrifice.” A nation or society can improve its ability to reduce corruption to manageable levels by taking a comprehensive strategy and including all of the key players in the anti-corruption reform process. However, none of this can be dealt with without wise and tenacious political leadership. without substantial levels of public backing and knowledge, as well as without a driven and competent corporate sector. In many nations, creating a thriving wicked society that is willing and able to play a significant role in influencing its surroundings is the most challenging aspect of the equation. REASONS FOR RISING CORRUPTION IN INDIA  The corruption practices have been happening due to various reasons in the system of the nation. Therefore, mentioning and discussing a few of them will surely highlight the main reasons for corruption. EFFECTS OR CONSEQUENCES OF CORRUPTION  STEPS TAKEN BY THE GOVERNMENT TO CURB THE PRACTICES  To codify all existing laws, eliminate corruption in government institutions, and prosecute and discipline public servants who commit corrupt activities, the Prevention of Corruption Act, 1988 (POCA)1, was developed. It is a potent weapon against this evil. The success of the anti-corruption campaign depends on how well this legislation works. This Act gives the Central Government the power to appoint judges to look into and try instances involving offenses that are punished under the Act, as well as situations where an attempt or conspiracy to commit an offense is made. EVOLUTION OF THE ACT The Indian Penal Code of 18602 first addressed cases of bribery and corruption involving public employees in the Indian Justice System. However, it became clear throughout the 1945s that the legislation in place at the time was inadequate to address the circumstances, and it was considered that special rules about bribery and corruption were to be established. As a result, the Prevention of Corruption Act, of 19473, was impressively enacted. The Anti-Corruption Laws (Amendment) Act of 19644 and the Criminal Law Amendment Act of 19525, both of which were based on the Santhanam Committee’s recommendations, respectively, altered the 1947 Act twice. As a result, the 1988 Prevention of Corruption Act, which became effective on September 9, 1988, was based on the 1947 Act. To make the whole resolution more feasible and eradicate corruption in Indian government offices and public sector organizations, it was intended to enhance the standards and widen the inclusion of anti-corruption laws. The Prevention of Corruption Act’s goal is to eradicate corruption throughout Indian government agencies and the public sector. The extent of corruption in government organizations must be understood, but it’s alsoRead More

The Influence of the Environment on the Rate of Crime in India
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This article discusses the impact of natural, physical, and social environments, as well as factors such as dysfunctional families, substance abuse, and unemployment. The article emphasizes the need for a multifaceted approach to address these issues and highlights the implications of environmental factors on crime from a legal perspective. Introduction An individual’s surroundings hold significant sway over their behaviour, even in ways that may not be immediately apparent. For instance, the force of gravity is a constant presence in our lives, impacting every aspect of our physical being from the way we move to the way we breathe. Similarly, the environment in which we reside can have a profound impact on our actions, particularly when it comes to criminal activity. The importance of studying the effects of surroundings on criminal behaviour has become increasingly clear as urban populations continue to rise. Historically, cities have had higher crime rates than rural areas, and this trend is expected to persist as cities become more densely populated and technologically advanced. Like our childhood experiences that shape our perspectives and behaviour, our surroundings can greatly influence the likelihood of engaging in criminal activity. To create a safer and more secure society, it is critical to comprehend the intricate connections between social, physical, and natural environments. Natural Environment and Its Influence on Criminal Activity The natural environment can have a profound impact on human behaviour and mental states, potentially leading to changes that increase the likelihood of criminal activity. For instance, research has shown that temperature can be a significant factor in predicting certain types of violent crime. Studies conducted in South Korea, Pakistan, the United States, and New Zealand have all found a correlation between higher temperatures and increased crime rates, especially during the summer months. Conversely, lower temperatures have been linked to lower rates of criminal activity. These findings suggest that natural forces can affect individuals both physically and emotionally, potentially leading to out-of-character behaviours that may result in criminal acts. For example, extreme weather events such as hurricanes and heat waves have been shown to increase property and violent crimes. Furthermore, changes in climate and temperature are expected to have even more significant impacts on crime rates in the future. Air pollution is another natural factor that has been shown to impact crime rates. The presence of pollutants in the air can have neurological effects on individuals, which can affect their cognitive function and lead to an increased risk of criminal activity. For example, a study conducted by Nevin in the United States found a correlation between lead concentration in gasoline, changes in IQ levels, and an increase in violent crime rates. When lead was removed from gasoline, there was a significant decline in the number of individuals with neurological problems and violent crimes. Other studies have also explored the relationship between air pollutants like carbon monoxide, particulate matter, sulfur dioxide, and ozone and their effects on crime rates. For instance, some studies have suggested that higher levels of carbon monoxide can lead to a reduction in burglary cases. These findings highlight the importance of considering the impact of the natural environment on crime rates and the potential role of air pollution in shaping criminal behaviour. Therefore, it is important to consider the influence of the natural environment when analyzing patterns and trends in criminal activity. Physical Environments in Crime Physical environments’ impact on crime is increasingly being recognized and studied by developed countries. The issue is not receiving the attention it deserves, despite its significant impact on society. Three levels of study, namely Micro, Macro, and Meso, are used to understand how physical features in our surroundings affect crime. Crime Prevention through Environmental Design (CPTED)[1] is a multi-disciplinary approach that utilizes urban and architectural design, as well as the management of built and natural environments, to prevent crime. Understanding the impact of physical environments on crime is crucial in developing effective crime prevention strategies. By examining how features such as building design, street layout, and lighting affect criminal activity, policymakers can design and implement measures that can deter crime and enhance public safety. The study of physical environments and crime prevention is therefore an essential aspect of creating livable and safe communities. Furthermore, adopting a multi-disciplinary approach like CPTED can help foster community cohesion and empower residents to take ownership of their areas, leading to a more proactive approach to crime prevention. Poor physical planning and the absence of Crime Prevention Through Environmental Design (CPTED) principles can increase the likelihood of criminal activity in a given area. CPTED is a set of design principles that aim to reduce crime by making changes to the physical environment. This can include features such as lighting, landscaping, and the layout of buildings and streets. When implemented effectively, these measures can create an environment that is less conducive to criminal activity. The broken window theory supports the idea that disorder leads to more crime. According to this theory, observable indications of disorder, such as litter or broken windows, can indicate to potential offenders that an area is not well-maintained, thereby reducing the likelihood of criminal activity being identified and penalized. This can create an environment in which criminal activity becomes more prevalent. Criminals often exhibit a specific modus operandi when planning and carrying out criminal activities. They tend to look for opportunities and environments that make it easy for them to commit crimes with minimal risks of getting caught or identified. Essentially, crime occurs when the perpetrator identifies a vulnerable target and feels confident that they can get away with the crime. This can include factors such as poor lighting, lack of surveillance, or inadequate security measures in a given area. By understanding the pattern of the approach used by criminals, law enforcement and community members can take steps to prevent crime and create a safer environment for all. This might involve implementing measures such as increasing lighting or surveillance, improving security measures, or increasing community awareness of potential risks and prevention strategies. TheRead More

Taboo of Inter-Religion Marriages in India – Detailed Analysis of Special Marriage Act 1954
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S.no Contents 1. Introduction 2. Stigmas Related to Inter Religion Marriages in India 3. Introduction to Special Marriage Act, 1954 and its Basic Outline 4. Inter Religion Marriages under Special Marriage Act 1954 5. Recent Judgement Related to Inter Religion Marriages 6. Case Laws Pertaining to Significant Inter Religion Marriage Judgements 7. Conclusion Introduction We all vision our Nation to be at the top of its zenith, be it economically, culturally, socially or politically. But the obstacles we face aren’t just limited to poverty or corruption or mere resolves. The major issue we face every day is fighting the restricted and orthodox mentalities of people. While it’s the common man/woman who helps the Nation progress, it’s they who pull it back with the burden of their thoughts. While we could flaunt discussing the legality of Same Sex Marriages in India, and say that the taboo of Inter Religion Marriage has been totally eliminated, the case on the ground isn’t that simple. Inter-religion marriage is a union between two individuals belonging to different religious communities. In India, inter-religion marriage is a socially and culturally sensitive topic, especially when it involves Hindu and non-Hindu communities. The complexity of this issue arises from the fact that India is a country of diverse cultures, languages, religions, and social customs. The practice of inter-religion marriage is often met with social and familial opposition and can even result in legal complications. India is home to many religions, including Hinduism, Islam, Christianity, Sikhism, Buddhism, and Jainism. Each religion has its own set of beliefs, customs, and practices, which can influence inter-religion marriages. The issue of inter-religion marriage has been the subject of debate in India for several years. While some argue that inter-religion marriage can promote social harmony and unity, others view it as a threat to cultural and religious identities. The Supreme Court of India has consistently upheld the right of individuals to marry the person of their choice, irrespective of religion or caste. In India, inter-religion marriage is governed by different personal laws that vary according to the religion of the parties involved. For instance, the Hindu Marriage Act 1955, governs Hindu marriages, while the Special Marriage Act 1954[1], governs marriages between individuals of different religions. The Muslim Personal Law governs marriages in the Muslim community. Further, light is thrown on the Societal issues and taboos related to Inter Religion Marriage, briefly explains all the provisions under the Special Marriage Act, 1954, talks about how Inter Religion Marriages are governed under this law and finally a conclusion with some recent judgements and the Author’s views related to the Topic Stigmas Related to Inter Religion Marriages in India Inter-religion marriages in India are still considered taboo in many parts of the country. While the issues are prevalent in different spheres of society, all the possible efforts to culminate it have been effective, but not as effective as expected. The situation can be summarized in the following points which put up a clearer perspective of the antagonistic situation[2]: Social stigma: In India, inter-religion marriages are often frowned upon, and couples can face social stigma and discrimination from their families, communities, and even the society at large. Legal hurdles: While inter-religion marriages are legal in India, couples often face legal hurdles when it comes to obtaining marriage registration and other legal documents. This can be especially challenging when one partner belongs to a minority religion. Religious barriers: Some religious communities in India do not permit inter-religion marriages, and couples who belong to these communities can face significant opposition from their families and religious leaders. Family pressure: In many cases, families put immense pressure on their children to marry within their own religion, which can cause significant stress and strain on the couple’s relationship. Violence and threats: In extreme cases, inter-religion couples can face violence and threats from their families and communities, which can make it difficult for them to live together in peace and safety. Lack of acceptance: Despite the legal recognition of inter-religion marriages, many people in India still do not accept such unions as legitimate, which can make it difficult for couples to live and work in certain communities. Need for social change: Given the challenges faced by inter-religion couples in India, there is a need for greater social acceptance and support for such unions. This requires a change in attitudes and beliefs about marriage and religion, as well as greater legal protection and support for inter-religion couples Introduction to Special Marriage Act, 1954 and its Basic Outline The Special Marriage Act 1954 is a legal framework that provides for the solemnization of marriages between individuals of different religions, castes, and nationalities. It is designed to allow for civil marriages and to create a legal mechanism to register such marriages. It provides legal recognition to civil marriages and protects couples from social stigma and discrimination. The Act has been instrumental in promoting secularism and unity in diversity in India. The Act is applicable to the whole of India, except for the state of Jammu and Kashmir[3]. Some of the Key Provisions of the Act which are evident in the Daily Court Procedures are: – Applicability: The Special Marriage Act is applicable to any Indian citizen who wishes to solemnize a marriage regardless of their religion, caste, or creed. It applies to any person who is a resident of India or domiciled in the country, as well as to those who are outside India and intend to marry in the country. Notice of Intended Marriage: The Act mandates that both parties intending to marry under this Act must give notice of their intention to do so. The notice must be given in writing to the Marriage Officer of the district where at least one of the parties resides. Objections to the Marriage: Once the notice of intended marriage is given, the Marriage Officer must display it in a prominent place in the office for thirty days. If no objections are raised during this time, the marriageRead More

The Chronicle of Islamic Laws in India – Analysis of Sources and Features
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S.no Contents 1. Introduction 2. History dating to the origin of Islamic Law in Hindustan 3. Sources of The Islamic Laws Propagated All over the Nation 4. Features of The Indian Islamic Laws – The Unity in Diversity 5. Conclusion Introduction Secularism is embedded in the roots of the Hindustani Soil since Ancient History. Whereas Sanatan Dharma is believed to trace its origin in the Indian Nation, Islam was prevalent in the country by the late 8th century after the invasion of Mohd Bin Qasim. With building Muslim invasions and the Emerging Delhi Sultanate, Islam became an integral part of Indian Society. The evolution of societies took place with Khalijis, Tughlaqs, Lodhis and Mughals ruling India for over 700 years. The ethnic culture shifts and dictatorial rule of the Muslim Invaders were very prevalent reasons for the spread of Islam in the Country. Where History saw rulers like Akbar and Iltutmish stand up for secularism and give equal respect to all religions, hundreds plundered the temples and disrespected the religion. Hindus and Muslims, the two majorly populated religions of India have been at continuous trifle and violent upsurge throughout the years. With the British ruling India for over 200 years and implementing their ‘Divide and Rule Policy’, it never got better for the people of both communities. At some point, it was the lawmakers and the cognitive Individuals from the Indian democracy who felt the need to bring in some special laws for the Muslims, to respect their religious practices and avoid the futuristic feuds. Muslim Personal Law (Shariat) Application Act of 1937[1], is just not another set of laws that enforce legality and order in our system, but also an identity that Muslims have owned for the past 8 decades. The detailed analysis stated below aims to bring out the various sources which have had a major role in shaping Islamic Laws. The sub-topics also feature the detailed History of Islamic Laws in India and their current situation in the Constitution. History dating to the origin of Islamic Law in Hindustan Islamic law has a long and rich history in India. The presence of Islam in India can be traced back to the 7th century when Arab traders started visiting the Indian subcontinent. Over time, Islam spread in India, and Muslim rulers established their kingdoms, which had a significant impact on the development of Islamic law in the country. You would have read it in the books of history or seen it in the movies about the laws like jazia, etc. Well, these were the foundations of Islamic Law. Pre-Mughal Period Before the arrival of the Mughals, Islamic law in India was largely based on the teachings of the Quran and the Sunnah. Islamic scholars in India studied and interpreted the Quranic principles and developed a legal system that was specific to India. This system was known as Fiqh, and it was based on the Hanafi school of Islamic jurisprudence. During this period, the Indian subcontinent was ruled by various Muslim dynasties, including the Delhi Sultanate and the Bahmani Sultanate. These dynasties had their legal systems, which were based on Islamic principles. Mughal Period The Mughal period in India (1526-1858) was significant in the history of Islamic law in India. The Mughal emperors were patrons of Islamic scholarship, and they encouraged the development of Islamic law in the country. During this period, Islamic scholars in India studied and interpreted the Quranic principles and developed a legal system that was specific to India. This system was known as Fatawa Alamgiri, and it was based on the Hanafi school of Islamic jurisprudence. Fatawa Alamgiri was a compilation of legal opinions on various aspects of Islamic law, including marriage, divorce, inheritance, and succession. British Period The arrival of the British in India in the 18th century had a significant impact on Islamic law in the country. The British colonial government introduced secular laws that applied to all citizens, regardless of their religion. However, Muslims in India continued to follow their laws, which were based on Islamic principles. The British government enacted the Muslim Personal Law (Shariat) Application Act in 1937, which provided for the application of Islamic law to Muslims in India. The act recognized the rights of Muslim women to seek divorce and inherit property under certain conditions. Post-Independence Period: After India gained independence in 1947, the Indian government continued to recognize the importance of Islamic law in the lives of Muslims in the country. The Muslim Personal Law (Shariat) Application Act continues to be in force, and Personal Laws continue to govern personal matters for Muslims in India. In conclusion, the history of Indian Islamic laws is a long and rich one, dating back to the pre-Mughal period. Islamic law in India has been shaped by Islamic scholars over several centuries and is based on the teachings of the Quran and the Sunnah. The Mughal period was significant in the development of Islamic law in India, and the British period had a significant impact on the recognition of Islamic law in the country Sources of The Islamic Laws Propagated All over the Nation Islam is a comprehensive religion that guides its followers in every aspect of their lives. The sources of Islamic law, also known as Sharia, are the primary sources from which Muslims derive their religious guidance. The sources of these laws are dated back to the early 7th Century and are credible according to the followers of Islam. The apostles of this Religion have carried through these sources and a lot of them have been incarnated in the Laws that represent them. These sources include the Quran, the Sunnah, Ijma, and Qiyas.  The Quran The Quran is the primary and most important source of Islamic law. It is the holy book of Muslims that contains the teachings and guidance of Allah (SWT). The Quran is the word of God revealed to Prophet Muhammad (PBUH) through the angel Gabriel. It consists of 114 chapters or Surahs, each containingRead More

When Age Matters: Examining the Implications of Minors Entering into Contracts
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S.no Contents 1. INTRODUCTION 2. WHO IS A MINOR? 3. CAN MINORS ENTER INTO A CONTRACT? 4. CONTRACTS OF BENEFICIAL NATURE 5. BENEFICIARY TO A CONTRACT 6. RESTITUTION 7. NO ESTOPPEL AGAINST MINOR 8. RATIFICATION BY A MINOR 9. VOIDABLE AT THE OPTION OF A MINOR 10. CONCLUSION INTRODUCTION The capacity to contract is a crucial aspect of contract law, which refers to the ability of a person to enter into a legally binding agreement. In other words, it is the legal competence or power of an individual or entity to enter into a contract that creates enforceable rights and obligations between the parties involved. To be bound by a contract, the parties must have the legal capacity to agree. This means that they must have the mental capacity and legal status required to form a legally binding contract. The law recognizes that certain individuals or entities may not have the necessary capacity to enter into a contract, and therefore, any agreement they make may not be legally binding. For example, minors, individuals with mental incapacities, and individuals under the influence of drugs or alcohol may not have the legal capacity to enter into a contract. In such cases, any contract they enter into may be deemed void or unenforceable. Similarly, corporations and other legal entities must also have the capacity to contract. This means that they must have the legal authority and power to enter into a contract, as well as the necessary authorization from their board of directors or shareholders. Overall, the capacity to contract is a fundamental element of contract law, as it ensures that contracts are entered into freely and voluntarily by parties who have the legal competence and power to be bound by them. WHO IS A MINOR? According to Section 3[1] of the Indian Majority Act, of 1875, an individual is considered to have achieved the age of majority once they turn 18 years old, with the exception of two scenarios If a guardian has been appointed for a minor’s person or property under the Guardians and Wards Act, of 1890, then the minor will remain a minor until they complete the age of 21 years. If a Court of Wards has assumed the superintendence of a minor’s property, then the minor will also remain a minor until they complete the age of 21 years, even if they have already turned 18 years old. Under the act, minors enjoy a privileged position whereby they can bind others to contracts, but cannot themselves be held accountable for any breaches. This means that a minor cannot be held personally responsible for any wrongdoing they may commit. CAN MINORS ENTER INTO A CONTRACT? According to Section 11[2] of the Indian Contract Act, of 1872, it is explicitly prohibited for a minor to enter into a contract. This prohibition means that any contract entered into by a minor, regardless of whether the other party was aware of their age, will be considered void-ab-initio, or invalid from the outset. This means that even if a minor is just one day away from turning 18, they will still be considered a minor in the eyes of the law, and any contracts they enter into will be deemed void. Let’s take an example to understand the legal concept of minors and contracts; In this case, Mr D, a minor, mortgaged his house for Rs.20,000 to a moneylender, who paid him only Rs.8,000. Subsequently, Mr D filed a lawsuit to set aside the mortgage agreement. The court held that as per Section 11 of the act, a minor is not capable of entering into a contract, and any contract entered into by a minor is void. Therefore, the mortgage agreement between Mr D and the moneylender was void-ab-initio, as Mr D was a minor at the time of the agreement. The court further held that since the contract was void, Mr D was not liable to repay the moneylender any amount of the mortgage. The court allowed Mr D’s request to set aside the mortgage agreement, and the moneylender was not entitled to claim any rights on the property mortgaged by Mr D. It is a well-established legal principle that minors are generally unable to enter into contracts, given their lack of legal capacity. However, there are two notable exceptions to this rule; CONTRACTS FOR NECESSARIES These are goods and services that are necessary for the minor’s support and maintenance. In such cases, a minor can enter into a contract for necessities, and the contract will be binding on the minor to the extent that it is reasonable and necessary. CONTRACTS OF BENEFICIAL NATURE  This type of contract is entered into for the benefit of the minor and is therefore binding on the minor. Examples of such contracts may include contracts for education or to advance the minor’s business interests. It is important to note that in both cases, the contracts must be entered into for the benefit of the minor in order to be legally enforceable. These exceptions to the general rule regarding minors and contracts serve to protect the best interests of minors and ensure that they can enter into necessary and beneficial agreements. The principle that a minor cannot enter into a legally binding contract has been firmly established in various landmark cases. One such notable case is Mahori Bibi v/s Dharmodas Ghose[3], where the court held that a minor’s contract is void ab initio and unenforceable, even if the minor has misrepresented their age or misled the other party into believing that they were of age. The case has been widely cited and has played a pivotal role in shaping contract law in India, reaffirming the principle that minors cannot be held liable for obligations under a contract and can seek to have the contract set aside if necessary. BENEFICIARY TO A CONTRACT It is recognized that a minor can serve as a promisee or beneficiary in a contract and that a contract that is advantageous toRead More

Divorce and Gender Justice under Muslim Law in India
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Divorce, further referred to here as dissolution of marriage is the process of ending a marriage. The reasons for divorce can vary from irreconcilable differences to infidelity, and the process typically involves legal proceedings to divide assets and determine custody arrangements for any children involved. It pertains to the revocation or restructuring of the constitutionally protected duties and responsibilities of marriage, thereby dissolving this same relationship of matrimony between a married couple under the laws of the specific country or state. Gender justice refers to eliminating the disparities between men and women that are reproduced and produced in the family, market, community, and state. To address the injustice and discrimination against women and the poor, we must address all of these issues. Gender justice plays a crucial role in divorce proceedings to ensure that both parties are treated fairly and equitably, especially in cases where women and children are often at a disadvantage. It is important to recognise the intersectionality of gender, class, and race in divorce cases to promote a more just and inclusive legal system. Therefore, it is important to consider gender justice when dealing with divorce cases, as women and children are often disproportionately affected by the legal and financial consequences of divorce. Efforts to promote gender equality and address systemic inequalities can help mitigate these negative impacts. Gender justice is a global movement to achieve equal rights, freedom, and justice, but women still face discrimination, violence, poverty, and limited access to education and healthcare. It is important to continue the fight for gender justice and promote women’s rights worldwide. Achieving gender justice requires a comprehensive approach that involves changing social norms, policies, and institutions to ensure that women and men have equal opportunities and resources. This can be achieved through initiatives such as education and awareness campaigns, legal reforms, and the empowerment of women in leadership positions. By working towards gender justice, we can create a more equitable and just society for all. This requires the active participation of individuals, communities, governments, and international organisations. Divorce under Muslim law  Well before the Solubilization of the Muslim Marriage Act of 1939, Muslim women had almost no legitimate right to ask their spouses for separation. This highlights the need for continued efforts towards gender justice, particularly in the context of religious and cultural practices that may perpetuate inequality. Such efforts must be inclusive and involve a range of stakeholders to ensure lasting change. This highlights the need for reform in traditional religious laws and practices that discriminate against women and perpetuate gender inequality. It is crucial to promote legal and social frameworks that protect women’s rights and empower them to make independent decisions about their lives. The Solubilization of the Muslim Marriage Act of 1939 was a significant step towards granting Muslim women the right to seek divorce. However, there is still a long way to go in terms of ensuring gender equality and justice within the Muslim community. Efforts must be made to challenge patriarchal norms and promote education and awareness among both men and women. This will help to create a more inclusive and equitable society where women can fully participate and thrive. In addition, there is a need to address the issue of triple talaq, which allows Muslim men to divorce their wives by simply saying “talaq” three times. Triple talaq is a discriminatory practise that violates women’s rights and leaves them vulnerable to abandonment and destitution. It is crucial for Muslim leaders and policymakers to work towards abolishing this practise and implementing laws that protect women’s rights in marriage and divorce. This practise is not only discriminatory but also violates the fundamental rights of women. Reforms must be made to ensure that Muslim women have equal rights and protection under the law. The Dissolution of Muslim Marriage Act of 1939 developed nine grounds on which a Muslim woman could seek redress in court, namely: that the husband’s whereabouts were uncertain for a duration of four years; that the husband neglected or did not provide her monitoring for a duration of two years; that the husband must have been incarcerated for a period of seven years or more; but rather that the husband failed to act, without justifiable suspicion. the husband has been mentally ill for two years, or that she, having been given in marriage by her father or other guardians before the age of fifteen, repudiated the marriage before the age of eighteen. The Act also gave Muslim women the right to divorce their husbands on certain grounds, such as cruelty, impotence, and adultery. However, the Act has been criticised for not going far enough to protect Muslim women’s rights in divorce cases.  Gender injustice against women Muslim personal law is seen as having even more gender inequality. As a result, Muslims deserve extraordinary justice. They are not left in charge of deciding how “justice,” “fairness,” and “equity” are attained. In a number of situations, God decrees what is “just” for human society, and humans are compelled to follow these decrees or stipulations from the divine. This tactic is based on the idea that divine law is superior to laws made by humans and that upholding it will result in a society that is fair and just. This strategic approach, albeit having its detractors, every so often results in the oppression of minority populations within Muslim communities. God commanded humans to uphold justice and fairness on earth and made it a virtue that would ensure their happiness and peace in both this life and the next. The path of injustice leads to the promised damnation. Justice is required in all aspects of life, including business transactions, politics, domestic relationships, legal administration, and intellectual and educational pursuits. It argues that it is evident that Islam places a high value on justice in all aspects of life. With the promise of reward for those who do and punishment for those who do not, Muslims are encouraged to strive for justice and fairness in theirRead More

Judicial And Executive Act: General Exceptions Under IPC
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S.no Contents 1. Introduction 2. Judicial and Executive acts: A General Exception under IPC 3. Judicial acts as an exception 4. Executive acts as a general exception 5. Analysis regarding the judicial and executive acts 6. Issues 7. Suggestions 8. Importance and need in the present scenario 9. Conclusion Introduction The Indian Penal Code (IPC)[1] contains several provisions that serve as general exceptions to criminal liability. These provisions exempt certain actions from being considered crimes under certain circumstances. For example, Section 76[2] provides that acts done by a person who is bound by law to do them are not crimes, while Section 80 provides that an act done in good faith for the benefit of a person without their consent is not a crime if it would otherwise have been so. Section 81 provides that an act done by several persons to further a common intention is not a crime if done in good faith for the advancement of religion, science, literature, or fine arts. The general exceptions under IPC are meant to provide a reasonable balance between the protection of individual rights and the public interest. Judicial and Executive acts: A General Exception under IPC Section 197 of the Indian Penal Code (IPC) provides a general exception for acts performed by a public servant in the discharge of his official duties, or by any person acting under the direction of a public servant if such act is done in good faith. This means that criminal proceedings cannot be initiated against such individuals unless prior sanction is obtained from the appropriate authority. This provision is intended to protect public servants from baseless lawsuits and ensure that they are able to perform their duties without fear of legal harassment. Judicial acts as an exception The judicial act exception under the Indian Penal Code (IPC) is a provision in Section 197 of the code that exempts public servants and persons acting under the direction of a public servant from criminal liability for acts performed in good faith in the discharge of their official duties. This provision applies to acts performed by judges, magistrates, and other public servants in the course of their official duties and provides immunity from criminal prosecution for actions taken in good faith in the performance of such duties. The purpose of this exception is to ensure that public servants are able to perform their duties without fear of being sued for criminal offences and to prevent frivolous or malicious lawsuits from being filed against them. However, prior sanction from the appropriate authority is required before criminal proceedings can be initiated against a public servant under this exception. Case Laws that give us a vivid idea regarding the prevailing exceptions There are several case laws that have interpreted and applied the judicial act exception under Section 197 of the Indian Penal Code (IPC). Some of the notable cases include: R. Rajagopal v. State of Tamil Nadu[3]: In this case, the Supreme Court of India held that the judicial act exception under Section 197 of the IPC applies only to acts performed in the exercise of judicial or quasi-judicial powers and does not extend to acts performed in an administrative capacity. State of Maharashtra v. Narayan Dattatraya Apar[4]: In this case, the Supreme Court held that the judicial act exception under Section 197 of the IPC applies only to acts performed by public servants in good faith and within the scope of their official duties and not to acts of omission or commission that are mala fide or beyond the scope of their official duties. K.R. Lakshmanan v. State of Tamil Nadu[5]: This case dealt with the issue of whether the prior sanction was required before a public servant could be prosecuted for an act performed in the discharge of his official duties. The Supreme Court held that prior sanction was required before the prosecution could be initiated against a public servant under the judicial act exception in Section 197 of the IPC. These cases provide guidance on the scope and application of the judicial act exception under Section 197 of the IPC and have helped to clarify the rights and obligations of public servants in the performance of their official duties. Executive acts as a general exception and what makes it different from judicial acts The executive act exception under the Indian Penal Code (IPC) is a provision in Section 197 of the code that exempts public servants and persons acting under the direction of a public servant from criminal liability for acts performed in good faith in the discharge of their official duties. This provision applies to acts performed by executive officials, such as government employees and officers, in the course of their official duties and provides immunity from criminal prosecution for actions taken in good faith in the performance of such duties. The purpose of this exception is to ensure that public servants are able to perform their duties without fear of being sued for criminal offences and to prevent frivolous or malicious lawsuits from being filed against them. However, prior sanction from the appropriate authority is required before criminal proceedings can be initiated against a public servant under this exception. Analysis regarding the judicial and executive acts The judicial act exception under the Indian Penal Code (IPC) serves an important role in protecting public servants, including judges and magistrates, from frivolous or malicious lawsuits arising from actions taken in good faith in the discharge of their official duties. This exception helps to ensure that public servants can carry out their duties without fear of legal harassment, which is essential for the effective functioning of the justice system. However, the scope and application of the judicial act exception under Section 197 of the IPC have been the subject of debate and legal interpretation in several cases. Some critics argue that this exception provides too much protection for public servants, allowing them to escape accountability for actions that may have been taken in bad faith or outsideRead More

IPC PROVISIONS FOR THE OFFENSES AGAINST THE SOCIETY AT LARGE
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S.no Contents 1. Introduction 2. How crime is defined by society? 3. Analysis of crimes against the society 4. Recent developments 5. Conclusion Introduction A crime committed against society at large that puts society’s safety at risk is known as public tranquillity or offense against society. It is not necessary that an actual offence is committed towards society, even an apprehension is created in the mind of the public at large or society, even if an apprehension is created in the mind of the public at large or the society that they are under the threat of an offense or an action by any person would result in an injury to them is necessary enough to constitute to an offense against the society. These offenses are usually committed by individuals in a group with a common object to hamper the peace of society.  How crime is defined by society? The word society has been derived from the Latin word ‘ socius meaning association. Therefore, a society can be defined as an ‘association of people or people in a group who are related to each other by means of some common traits. While governing a society, the interests of the people are taken at large rather than depending on the needs and wants of one single person. The requirement of the people at large is considered. Different Legislations are not passed for different individuals, for one single society common legislation is applicable to them. A committed is defined as a crime only when it is wrong in the eyes of society.  If a particular act is not opposed by a group of people, then it can never be considered an offense. For example, trespass, money laundering, and bribery these acts wouldn’t be a crime if it was not wrong in the eyes of society. Therefore, what society thinks is important in defining a crime. The foundation of a society lies in the maintenance of peace and morals. Therefore, chapter 8 of IPC has been framed to deal with those actions which would put society’s peace at risk. The offenses which put public safety at risk can be classified into rioting, unlawful assembly, affray, assembly of five or more people in a situation where dispersion has been ordered and promotion of enmity between different classes of people. Analysis of crimes against the society Section 141- unlawful assembly: Every person has the fundamental right to assemble peacefully under Article 19(1)(b). However, certain circumstances given under section 141 of the IPC lead to unlawful assembly and it is considered a criminal offense. Any assembly which has been formed with 5 or more people with the intention to commit an unlawful offense is called an unlawful assembly. People in groups with a common intention and object to gather unlawfully and create a threat to the public peace is always dangerous. This is the main reason why unlawful assembly is criminalized. When an assembly gathered lawfully turns out to be aggressive and indulges in unlawful means, it will come under the purview of section 141 of IPC. The instances where there is a shift from lawful assembly to unlawful assembly is when the object of the assembly changes to resist legal proceedings, using criminal force against the state or any public servant, to committing trespass or mischief of the property of any person, to using criminal force against a person to make him do something against the law.  In the case P.S. Kirubakaran v. Commr. of Police, Vepery (2021)[1], In this case, a group of advocates indulged in certain criminal activities like forcibly getting possession of certain properties, destruction of properties, etc., and therefore they caused the interruption in the peace of the society. The court charged them with the offense of unlawful assembly and took measures to curb such practices. In the case of Amrika Bai v. State of Chhattisgarh (2019).[2], dealing with the offense of unlawful assembly and the scope of section 141 of IPC was analysed. In this case, the cattle of the deceased jumped on the door of the appellant as a result exchange of words took place and the appellant started abusing the deceased after which an attack by a group of people took place, and eventually the deceased died. The appellant also sustained injuries during the attack and challenged before the court that he was unarmed during the attack and therefore he is not a part of the unlawful assembly. The court acquitted the accused.  Merely a person being part of an assembly that has indulged in an unlawful act is not enough, it is also necessary that at the time of the commission of the act, the people indulged also had the same object. Therefore, in the present times, section 149 is one of the most misused sections as it is difficult to interpret every person’s object in an assembly and there are chances of misrepresentations where an innocent person would be charged with a crime. Section 146- Rioting: Rioting is dealt with under sections 146 and 147 of the IPC. Riot is similar to that unlawful assembly, and the only difference is the term violence. If an unlawful assembly starts to get engaged in any violent act, it will be known as a riot. Therefore, the ingredients of rioting are the same as that of unlawful assembly which is a common intention. Engaging in violence is always a threat to the harmony of society. It will affect the co-existence of society. . Rioting Is committed as a means to show the group’s intention to oppose the policies of the government, the outcome of any legislation passed or a judgment made, etc. Under most circumstances, grave and sudden provocation lead to riots. An act done in sudden provocation is considered a defense under IPC. But the impact of this act is so huge as it can even cause disintegration and heavy losses and damages. In the case Bilkis Yakub Rasool v. State of Gujarat (2019)[3], the appellant wasRead More