Tag: #articlewriting

About Legal Aid Society, Faculty of Law, Integral University

Imparting legal awareness is the first step towards ensuring prompt and effective access to justice. Keeping this in mind, the Bar Council of India mandated all law colleges and universities in India to establish and run legal aid centers or clinics.

The idea was to fulfill certain standards of legal education, but more importantly, it was also aimed at engaging the students in serving their community by promoting legal awareness through these legal aid clinics and programs.

Following the same mandate the Legal Aid Society, Faculty of Law, Integral University was established, for providing free legal aid services for free to the needy or the poor section of the society, who are not capable of affording a legal representative for them who can fight a case for them, so the government has brought out the service for free legal aid to the needy people; to fulfill the objective of Article 39A of the Constitution of India.

About the Article Writing Competition

Effective writing is a form of art, which only certain people possess. The main objective of this article writing competition is to convey the thoughts to the people and give information regarding the details which can be useful and helpful.

With the help of a matter of interest, to convey the very idea of one perspective, a good article requires a lot of research information intertwined with suggestions and advice, which the author believes to achieve the attention of the reader.

The main objective of the article writing competition is to evaluate and to check the knowledge of candidates about specific topics and the way they describe the same in writing.

Eligibility

Theme

Dropping of Criminal Proceedings: A case for Economic Fugitives

Sub-topics

• Dropping of criminal charges and violation of Constitutional rights
• Negotiation: A plea Agreement
• Accomplice and Dropping of Criminal charges
• Cooperating in a Bigger Case
• Remedy: Mistake of Fact Against Criminal proceedings
• Historical Perspectives of ADR in India
• Ad Hoc Arbitration v Institution Arbitration – A critical Analysis
• Alternatives to Imprisonment

Undergraduate students studying in any recognized School/Department/College of Indian Universities.

Registration

To register for the Article Writing Competition, click on the link – https://docs.google.com/forms/d/e/1FAIpQLSe_6skJDjP3ohE38263OsbVnxboNoMilPir3mh_fFqPBK_-mg/viewform

Fee Details

Rs. 50 per team

Please refer to the poster and QR code for the details of fee payment.

Prize

The top 3 winners will get the Certificate and their Article will be published in the Legal Aid Society Web Page (https://legalaidintegral.wordpress.com/ ).

Rules of the Competition

• Format: The article must be written in English and submitted in Microsoft Word document format (.doc/.docx).
• Co-authorship: Up to a maximum of two authors is permitted.
• Number of Submissions Allowed: Only 1 submission is allowed per author/team. Submissions, both as co-author and single, will be treated as multiple submissions and will be disqualified as an entry to the competition.
• Formatting Specifications: The following formatting specifications need to be strictly adhered to:
  • Main Body: Font – Times New Roman, Font Size – 12, and Line Spacing – 1.5;
  • Footnotes: Font – Times New Roman, Font Size – 10, and Line Spacing – 1.0 and footnotes must follow the Bluebook system of citation (APA, 20th edition).
  • Margins should be 1 inch or 2.54 cm on all sides.
• Word Limit: 2000- 2500 words excluding footnotes.
• Abstract: The article must contain an abstract, not exceeding 250 words (which would not be counted in the word limit for the article). It must indicate the theme/topic.

How to Submit?

• All submissions shall be submitted via email at: legalaidsociety@gmail.com
• The article must be accompanied by a cover letter containing the following information about the participant:
  • Full name of the participant;
  • Theme/Topic chosen;
  • Participant’s current year of study and name of the degree pursued;
  • Name and full address of the participant’s university;
  • Name and full postal address of the participant;
  • Phone number of the participant and email ID of the participant.
• Plagiarism: The article must be original, unpublished and bona-fide work of the participant. Incomplete or plagiarized submissions shall be summarily rejected. The Similarity Index limit is 15% (excluding footnotes).
• Note: No part of the article should contain any form of identification of the participant such as the name of the author, University/College name, etc. on the article. Any form of identification will lead to disqualification.

Important Dates

• Last date of registration: March 30, 2022
• Last date of submission: April 14, 2022

Contact details

Organizers

• Event Convener: Legal Aid Society
• Faculty Convener: Dr. Abhishek Kumar Singh
• Faculty Coordinator: Ashraf Azmi
• Students Coordinators:
  • Umar Saif Khan
    • Contact Number: 9140938491
    • Email Address: umarsaif@iul.ac.in
  • Ihtisham
    • Contact Number: 6387409393
    • Email Address: ihtisham@iul.ac.in

Disclaimer: All information posted by us on LexPeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

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About the Organiser

Symbiosis Law School (SLS) Hyderabad was established in 2014 inheriting splendid novelty, dynamism and excellence in the education of Symbiosis International Deemed University, Pune.

About the Environmental Law Cell

Environmental Law Cell (ELC), one of the many cells/ centres of Symbiosis Law School, Hyderabad was established with the motto of incorporating a sense of responsibility towards the environment among students and creating awareness about each person’s individual responsibilities to contribute in the prevention of future degradation of the environment.

Through the Cell, the members educate the students in campus and people off campus about the need for environment conservation and Sustainable Development through various activities like plantation drive, awareness camps, national seminars, webinars, jumble sale, competitions, etc.

The Cell also takes the initiative to celebrate environmentally important days through awareness.

About the Event 

The National Article Writing Competition is to be conducted in the lead up to the World Water Day, which is celebrated on the 22nd of March, 2022.

World Water Day celebrates water while also creating awareness of the billions of people who do not have access to clean drinking water. The goal is to find solutions and put them into action to handle the world’s water crisis.

The realization of Sustainable Development Goal 6: Water and Sanitation for all by 2030 is a major focus of World Water Day. In the 30th meeting of UN-Water held at Rome, the theme for World Water Day, 2022 was decided as “Ground Water: Making the Invisible Visible” and the same is the theme of the Competition.

The sub-themes for the competition are:

1. National Water Policy, 2002 and Drinking Water Issues.

2. Universal access to safe and affordable drinking water by 2030.

3. Role of Institutions, Infrastructure and Technology in meeting Global Water Challenges.

4. Right to Water and International Law Instruments.

5. Inter state rivers: Management, Development and Dispute Resolution.

These themes are merely suggestive and submissions on another topic tackling the same area will be accepted.

Eligibility

The webinar is open to all interested participants, students, lawyers, and law enthusiasts.

Perks

Top 3 entries will stand a chance to get their articles published in the Legal Lock Journal [ISSN No.  2583-0384]

Submission Details

The submissions will be made through the online mode via Google Form available here. 

Fee Details 

The competition is free and no fee is required to participate.

Guidelines

The rulebook for the competition has been attached herewith. Participants must strictly adhere to the same.

Submission Deadline

21st March 2022

Brochure

Contact details

• Ms. Puneet Dhanoa (President) +91 9501517044
• Mr. Rajrishi Ramaswamy (Vice President) +91 9515916229
• Email: elc@slsh.edu.in

Disclaimer: All information posted by us on LexPeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WK

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INTRODUCTION

With the advent of social media and networking it is difficult to maintain privacy with the data available online. Data on the internet is flowing like water in the river. If the information of someone is available on the internet which the person has relevant context now or the reason for which it was there on the internet has been served is affecting the other person emotionally or making it difficult for another person to live peacefully. Then, it is a violation of article 21¹. This can be removed through the right to be forgotten which is provided under the right to privacy.

Right to forgotten means the deletion of the user’s personal information from the search engine, website, and many more. The European Union acquired the General Data Protection Bill [GDPR]² in the year 2018. Article 17 of this bill provides certain rights to the erasure of personal information and the certain rights include which are no longer necessary, consent has been withdrawn for particular information, and where there is legal obligation to erase. There are also some reasonable restrictions to some extent like in the area of public interest related to public health, or the data required in achieving historical, statistical, or scientific research.³

The right to be forgotten is to be followed in other countries also. In 2014, in Spain, the European court of justice managed a case Google Inc V Agencia Espanola De Proteccion De Datos in which a Spanish man whose name was Mario Costeja Gonzalez asked google to remove his information related to the auction for his unbridled home and the debt he had subsequently paid. Google was sued under the National High court which suggested a series of questions to the European court of justice. The court ruled the judgment in the favour of the Spanish man and asked google to delete the information.

In 2016, the first case of the right to be forgotten was heard by the Chinese court in Beijing in which they held that the residents don’t have the right to be forgotten. In this case, Ren Jiayu asked the Chinese web search tool Baidu to remove the search list that is related to Wuxi Taoshi’s previous business. Ren argued that the right of name and right of notoriety is reserved under Chinese law. Then the court ruled the judgment against Ren and said that he doesn’t have a right to be forgotten.

RIGHT TO BE FORGOTTEN UNDER THE PERSONAL DATA PROTECTION BILL

The right to privacy is our fundamental right under article 21 of the Indian constitution decided in the case of Justice K.S Puttaswamy Vs the Union of India⁴ in 2017. Data is a very sensitive thing that needs to be protected. The personal data protection bill⁵ was introduced in the Lok Sabha in 2019 with the objective to protect or conserve the data from getting into the wrong hands. This bill also includes the right to be forgotten under clause 20 of chapter V. it means that any person can ask the data fiduciary to remove or limit the data of the concerned person. The role of data fiduciary is to decide the means and the purpose of controlling the personal data it can be anyone an individual, entity, state, or cooperation. The data will be monitored by the Data protection authority and any removal of data has to be approved by the Data protecting authorities’ adjudicating officer. The officer has to see many aspects like the public interest in the concerned data, the extent of availability susceptibility, or the scope of divulgence before approving the removal of the data.

RIGHT TO BE FORGOTTEN VS THE FREEDOM OF SPEECH AND EXPRESSION

“Right to be forgotten is the biggest threat to freedom of speech and expression in the coming decade”
-Jeffrey Rosen

The right to be forgotten is a much-needed statute nowadays to protect the individual interest against defamatory or derogatory statements. Freedom of speech and expression is our fundamental right under article 19⁶ of our Indian constitution and also contains reasonable restrictions under Article 19[2]⁷. Whereas the right to be forgotten can undermine the lusture of freedom of speech and expression. It can affect journalism it will be difficult for media to express their views freely and to wait for the decision of the adjudicating officer. If any person wishes to delete some information on the internet then it will favor the individual, not the society at large. This will also create a sense of feeling in the minds of the people that they are not free to express their views through articles, books, blogs, etc.

CASE LAWS

• Jorawar Singh Mundy Vs Union Of India and Ors⁸
  In this case, the petitioner was an American citizen who visited India in 2009. He got acquitted under the narcotics drugs and substance [NDPS] act, 1985. After two years trial court convicted him on April 30, 2011. On 29 January 2013 through the appeal of state, the Delhi high court then affirmed her acquittal. After returning to America petitioner realized that the Delhi high court’s judgment is available on the internet and this can be harmful to his reputation or while screening test done by the employer. He sent directions to Google India Private Ltd., Google LLC, Indian Kanoon, and vLex.in but the judgment was not deleted then he filled a writ petition before the Delhi High Court for the violation of Article 21. The Delhi high court directed the respondents to delete the judgment.
  
• Dharmaraj Bhanushankar Dave Vs State of Gujarat and ors⁹
  In this case, the petitioner filed a writ petitioner under Article 226 of the Indian constitution before the Gujarat High court for the violation of Article 21. The non-reportable judgment was published by the Indian kanoon on their site and the petitioner contended that google and Indian kanoon has no right to publish any non-reportable judgment. The court held that the judgment was part of the proceeding and that merely publishing judgment on online websites will not amount to be reported. So, it is not a violation of Article 21 and there is no legal rationale to remove the judgment.
  
• Subhranshu Rout Gugul Vs State of Odisha¹⁰
  In this rape case, the accused has created a fake id on Facebook and uploaded objectionable photos of the prosecutrix on the fake id. The police were failed to take any strict action against the accused. The pictures were taken with the consent of the prosecutrix at the time they were in a relationship but now they got separated. It was observed that consent does not mean to misuse the phots or outraging the modesty of the women. In this case, the right to be forgotten should be exercised. The court held that the photo should be removed to protect the privacy of the victim. Irrespective of ongoing criminal cases. The Odisha High Court further noted that the Indian Criminal Justice system is more of a sentence-oriented system, with little emphasis on compensating victims for their losses and suffering. Allowing such offensive photographs and videos to remain on a social networking platform without a woman’s agreement is an outrage to her modesty and, more crucially, her right to privacy.

CONCLUSION

Information in the public domain is like toothpaste. They can not completely be deleted if someone has taken a screenshot or screened the concerned content. the right to privacy is our fundamental right under article 21 of the Indian constitution which needs to be protected. The right to be forgotten is also included in the personal data protection bill, 2019 which is a great step towards the safety of data and the privacy of the individual. In case one person was acquitted under any criminal action but later on find to be innocent and the judgment is reported on many websites or search engines. It can be difficult for the employee to get a job as during the screening process this can destroy the reputation of the employee. The right to be forgotten can be a major relief and can ask for the removal of the judgment. Also in the case when a person with the intention of taking revenge or with the feeling of animosity posts or share any picture or video which is offensive or outrages the modesty of the victim through the right to be forgotten victim can make them deleted. It is been a debatable topic whether the right to be forgotten undermines the fundamental right the freedom of speech and expression under Article 19 which also contains reasonable restrictions under Article 19[2] of the Indian constitution. If a person asks to remove some content from the website or from the internet then it can also cause feelings among the people that they are not free to express their views and opinion through writing articles, blogs, etc and the removal of the concerned content can lead to being in the favor of the individual rather than the society at large. According to me, it requires judicial administration, and article 19[2] which provides reasonable restrictions should be amended and should include privacy in it.

References:

All individuals who have been a victim of crime have had themselves and their families affected, significantly making monetary misfortunes to the people in question. And the effect of these crimes and wrongdoings on the people in question and their families goes from genuine physical and mental wounds to perpetual aggravations. These consequences should immediately be changed and adhered to by giving care and attention to those affected through several measures and laws, giving them simple admittance to equity. Even if they have observed help and help from their family, clan, or the local area, they have, all things considered, stayed “failed to be a remembered individual” in the criminal justice administration system.

DEFINITION OF VICTIM

Within the Indian legal framework, the term victim is defined under Section 2(wa) of the CrPC, 1973 as ‘individual who has endured hurt, either physical or mental injury, torment, financial misfortune or infringement of their freedom, through acts or oversights viewed as violative of Indian criminal regulations including those regulations that endorse criminal maltreatment of influence’. The U.N Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, on 29 November 1985 gave an extensive definition to the victim ‘as a person who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights, through acts or omissions that are in violations of criminal laws operative within member states, including those laws proscribing criminal abuse of power’.

INDIA’S CRIMINAL JUSTICE ADMINISTRATION SYSTEM

The law enforcement framework which India has adopted stems from what the British called the ‘adversarial legal system’. The working of the Indian law enforcement framework relies upon the four support points and these four points of support are police, prosecution, judiciary, and the correctional institutions. For fair and speedy outcomes, these four points of support need to work actually by coordinating one another. The two primary criminal laws of India are the Indian Penal Code, 1860 which characterizes the offense and gives its discipline and the other is Code of Criminal Procedure, 1973 which recommends the technique for examination, indictment, and a criminal preliminary. The middle has the ability to make regulations and change criminal regulations under the Seventh Schedule of the Indian Constitution. However, it is mostly catered to the rights of the accused and altogether ignores that of the victim in the delivery of justice.

DIFFERENCE BETWEEN THE RIGHTS OF THE ACCUSED AND THE VICTIM

There seems to be a mismatch when it comes to the protection of the accused and the victim. If anything, it appears that the Indian Criminal Justice System has more rights reserved for the accused. This includes different privileges, safeguards, and shields given by the Code of Criminal Procedural Law like the right against self-incrimination, the presumption of innocence, the right to legal assistance, and the others like the ‘right to fair trial’ such as the standard of proof beyond a reasonable doubt, right of the accused to be informed of charges before the trial and the right to a lawyer and be defended, etc. Even the accused is heavily guarded under Articles 20, 21, and 22 of the Constitution.

Thus, it has been said many times that the victim’s role is merely reduced to being a ‘witness’ and has limited rights during criminal proceedings. A case example can be Parvinder Kansal vs State of NCT of Delhi (2020), where the father of the deceased son gave an appeal to enhance the imprisonment sentence of the accused but it was denied on the ground that the victim does not have such right to do so regarding the present provisions in the CRPC. Prior to this, there were recommendations given by the Malimath Committee and the Law Commission, where the legislature inserted a provision in section 372 of the Code through the Amendment Act of 2008 to provide victims their right of appeal and again the National Commission of Women to seek enhancement of appeals.

RIGHTS FOR THE VICTIMS

The definition of the victim provided under the CRPC proves to be insufficient and restricted comparatively to one given by the UN Declaration adopted by the General Assembly. The rights defined for the victim under this includes access to justice and fair treatment, Compensation, Victim’s assistance inter alia, for countries to have a guideline to trace. But India’s system has barely been touching these minimal standards and norms.

It was after many studies about whether victims who have been compensated were satisfied or not like in cases of gang robbers, motor accidents, etc. Issues regarding women victim issues led to mobilizations and protests in the past years resulting in amendments and numerous organizations being formed and introduced like protection of women against acid attacks (Sec. 326A20 and 326B21), voyeurism (Sec. 345C), stalking (Sec. 345D) and sexual harassment (Sec. 345A), and expanded the definition of rape (Sec. 375) under the Indian Penal Code as an addition to the existing
the victim’s right to compensation.

CONCLUSION

Considering the fact that India follows a Common Law system where it is subjected to transformations based on the context and case situations, it is not surprising to determine that the accused is sometimes labeled as a ‘victim’, therefore multiple rights are conferred to them. Keeping that aside, the scenario of the accused having more rights than the victim itself should not be ignored where the system should give importance, if not more to the victim.

However, it is important that the system comes up with different acts and comprehensive plans and programs to cater to the needs of the victim. This can be done through emotional and financial assistance. The support points of law enforcement which are the police, lawyers and prosecutors, NGOs, etc. should be effective in their field of work and correct the flaw of delay. Corresponding to commendable actions taken by the system sometimes, more distributions should be made to the study of ‘victimology’ for expansion so that further steps can be ventured into protecting
the victims.

Written by Tingjin Marak, a student at Ajeenkya DY Patil University, Pune.

About Panjab University

One of the oldest universities in India, Panjab University (PU) established in Lahore in 1882, has a long tradition of pursuing excellence in teaching and research in science and technology, humanities, social sciences, performing arts, and sports. The glorious traditions of the University established during more than 138 years of its service to the nation are a source of inspiration for the present generation of faculty members and students.

About UILS, PU

University Institute of Legal Studies (UILS) was established as the constituent department of Panjab University, in the academic session 2004-05. During a short period, it has emerged as one of the premier legal Institutes in the country with a unique blend of tradition and modernity. Students are trained in the essence of the substantive laws, techniques of procedural laws, methods of client counselling, and skills in legal and social sciences research, etc

The Moot Court Competitions, Client Counselling Sessions, Quiz Contests, Seminars, Group Discussions, and Extension Lectures, etc. are regular features of the academic calendar of the Institute. The Institute’s Legal Aid Clinic, which provides free legal services to the economically weaker sections of the society as a part of the community outreach program of the Institute, also offers opportunities to the students to work in coordination with practising lawyers.

About the Society for Quiz

The Society for Quiz is a constituent society of the University Institute of Legal Studies, Panjab University, Chandigarh. The Society owes its existence to the vital role played by the quizzes in the learning process. Considering how promising the quizzes are in terms of expanding the horizons of one’s knowledge and improving the efficiency of mind, the Society is completely devoted to organizing various types of quizzes throughout the year, both online and offline.

Also, to keep the spirit of competition alive, the Society aims not to limit itself to its home institution but also to reach out to the students throughout the nation. Furthermore, believing in the potential of a quiz as an activity to raise general awareness, the Society is also unrestricted in its choice of topics for the quizzes and is not limited merely to the topics of the law. 

About the Article Writing Competition

UILS this year is celebrating the 73rd Republic Day of India by organizing an article writing competition. Come and participate in the competition.

Eligibility

• The competition is open to all the students pursuing a Bachelor’s/Master’s/PG degree or Certificate course from any affiliated University/College/Institute.
• The competition is also open to the school students (8-12 classes).
• No restriction on the number of entries from one University/College/Institute.

Themes

• Constitution as a Living Document
• Constitutional Morality- An Important Concept or Just a New Buzzword?
• Transformative Constitutionalism and Role of Judiciary
• Constitutional Role of Citizens in Upholding Sovereignty, Integrity and Unity of India

Submission Guidelines

• The article must be written in English and submitted in Microsoft Word document format (.doc/.docx).
• Co-authorship up to a maximum of two authors is permitted.
• Only one submission is allowed per author/team. Submissions, both as co-author and single, will be treated as multiple submissions and will be disqualified as an entry to the competition.
• The following formatting specifications need to be strictly adhered to:
  • Main Body: Font – Times New Roman, Font Size – 12, and Line Spacing – 1.5;
  • Footnotes: Font – Times New Roman, Font Size – 10, and Line Spacing – 1.0 and footnotes must follow the Bluebook system of citation (Harvard, 20^th edition).
  • Margins should be 1 inch or 2.54 cm on all sides.
• The word limit is 1500- 2000 words excluding footnotes.
• The article must contain an abstract, not exceeding 250 words (which would not be counted in the word limit for the article). It must indicate the theme/topic.
• All submissions shall be submitted via Google form through the link (Click here) , by 30^th January 2022, 23:59 p.m. (Indian Standard Time, GMT +5:30).
• The article must be accompanied by a cover letter containing the following information about the participant:
  • full name of the participant;
  • theme/topic chosen;
  • participant’s current year of study and name of the degree pursued;
  • name and full address of the participant’s university;
  • name and full postal address of the participant;
  • phone number of the participant and email ID of the participant.
• A Similarity Index report shall be attached in the G- Form showing similarity not more than 15%.

(Note: Participants are required to generate a Similarity Index Report using any free or paid online Similarity Index Software, e.g., Grammarly, Dupli Checker, Plagiarism Checker by Small SEO Tools, Plagiarism Detector, PrepostSEO Plagiarism Checker, etc.  These software’s are just for the purpose of suggestion and not to be treated as recommendations)

Note: The article must be original, unpublished and bonafide work of the participant. Incomplete or plagiarised submissions shall be summarily rejected. The Similarity Index limit is 15% (excluding footnotes).

Note: No part of the article should contain any form of identification of the participant such as the name of the author, University/College name, etc. on the article. Any form of identification will lead to disqualification.

Accolades

• 1^st Winner: Cash prize of Rs. 1000 + Certificate of Merit (E-Certificate).
• 2^nd Winner: Cash prize of Rs. 750+ Certificate of Merit (E-Certificate).
• 3^rd Winner: Cash prize of Rs. 500+ Certificate of Merit (E-Certificate).
• The Top 10 winners will get a Certificate of Commendation (E- Certificate).
• All the participants of the article writing competition will be given the Certificate of Participation (E-Certificate).

Contact Details

• Mail at: uilsrepublicday2022@gmail.com
• In case of any query, you can also contact our student convenors via:
  • Vaibhav Goyal (President): 9781520216
  • Rabia Mittal (Secretary): 9780212040
  • Pranjali Aggarwal (Treasurer): 7858820006
• For registration and certificate, kindly contact:
  • Gunjan Garg  (Event Coordinator): 7986718234
  • Salouni Chaudhary (Co- Coordinator): 9306260223
  • Yashna Walia (Co- Coordinator): 9878210844

Disclaimer: All information posted by us on LexPeeps is true to our knowledge. But still it is suggested that you check and confirm things on your level.

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WK

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About Panjab University

One of the oldest universities in India, Panjab University (PU) established in Lahore in 1882, has a long tradition of pursuing excellence in teaching and research in science and technology, humanities, social sciences, performing arts, and sports. The glorious traditions of the University established during more than 138 years of its service to the nation are a source of inspiration for the present generation of faculty members and students.

About UILS, PU

University Institute of Legal Studies (UILS) was established as the constituent department of Panjab University, in the academic session 2004-05. During a short period, it has emerged as one of the premier legal Institutes in the country with a unique blend of tradition and modernity. Students are trained in the essence of the substantive laws, techniques of procedural laws, methods of client counselling, and skills in legal and social sciences research, etc

The Moot Court Competitions, Client Counselling Sessions, Quiz Contests, Seminars, Group Discussions, and Extension Lectures, etc. are regular features of the academic calendar of the Institute. The Institute’s Legal Aid Clinic, which provides free legal services to the economically weaker sections of the society as a part of the community outreach program of the Institute, also offers opportunities to the students to work in coordination with practising lawyers.

About the Society for Quiz

The Society for Quiz is a constituent society of the University Institute of Legal Studies, Panjab University, Chandigarh. The Society owes its existence to the vital role played by the quizzes in the learning process. Considering how promising the quizzes are in terms of expanding the horizons of one’s knowledge and improving the efficiency of mind, the Society is completely devoted to organizing various types of quizzes throughout the year, both online and offline.

Also, to keep the spirit of competition alive, the Society aims not to limit itself to its home institution but also to reach out to the students throughout the nation. Furthermore, believing in the potential of a quiz as an activity to raise general awareness, the Society is also unrestricted in its choice of topics for the quizzes and is not limited merely to the topics of the law. 

About the Article Writing Competition

UILS this year is celebrating the 73rd Republic Day of India by organizing an article writing competition. Come and participate in the competition.

Eligibility

• The competition is open to all the students pursuing a Bachelor’s/Master’s/PG degree or Certificate course from any affiliated University/College/Institute.
• The competition is also open to the school students (8-12 classes).
• No restriction on the number of entries from one University/College/Institute.

Themes

• Constitution as a Living Document
• Constitutional Morality- An Important Concept or Just a New Buzzword?
• Transformative Constitutionalism and Role of Judiciary
• Constitutional Role of Citizens in Upholding Sovereignty, Integrity and Unity of India

Submission Guidelines

• The article must be written in English and submitted in Microsoft Word document format (.doc/.docx).
• Co-authorship up to a maximum of two authors is permitted.
• Only one submission is allowed per author/team. Submissions, both as co-author and single, will be treated as multiple submissions and will be disqualified as an entry to the competition.
• The following formatting specifications need to be strictly adhered to:
  • Main Body: Font – Times New Roman, Font Size – 12, and Line Spacing – 1.5;
  • Footnotes: Font – Times New Roman, Font Size – 10, and Line Spacing – 1.0 and footnotes must follow the Bluebook system of citation (Harvard, 20^th edition).
  • Margins should be 1 inch or 2.54 cm on all sides.
• The word limit is 1500- 2000 words excluding footnotes.
• The article must contain an abstract, not exceeding 250 words (which would not be counted in the word limit for the article). It must indicate the theme/topic.
• All submissions shall be submitted via Google form through the link- https://docs.google.com/forms/d/e/1FAIpQLSebqAJZfH_NzwqYx91bmjgH6BuSBWvt4jliKdxnx6DbeKyjPg/viewform , by 30^th January 2022, 23:59 p.m. (Indian Standard Time, GMT +5:30).
• The article must be accompanied by a cover letter containing the following information about the participant:
  • full name of the participant;
  • theme/topic chosen;
  • participant’s current year of study and name of the degree pursued;
  • name and full address of the participant’s university;
  • name and full postal address of the participant;
  • phone number of the participant and email ID of the participant.
• A Similarity Index report shall be attached in the G- Form showing similarity not more than 15%.

(Note: Participants are required to generate a Similarity Index Report using any free or paid online Similarity Index Software, e.g., Grammarly, Dupli Checker, Plagiarism Checker by Small SEO Tools, Plagiarism Detector, PrepostSEO Plagiarism Checker, etc.  These software’s are just for the purpose of suggestion and not to be treated as recommendations)

Note: The article must be original, unpublished and bonafide work of the participant. Incomplete or plagiarised submissions shall be summarily rejected. The Similarity Index limit is 15% (excluding footnotes).

Note: No part of the article should contain any form of identification of the participant such as the name of the author, University/College name, etc. on the article. Any form of identification will lead to disqualification.

Accolades

• 1^st Winner: Cash prize of Rs. 1000 + Certificate of Merit (E-Certificate).
• 2^nd Winner: Cash prize of Rs. 750+ Certificate of Merit (E-Certificate).
• 3^rd Winner: Cash prize of Rs. 500+ Certificate of Merit (E-Certificate).
• The Top 10 winners will get a Certificate of Commendation (E- Certificate).
• All the participants of the article writing competition will be given the Certificate of Participation (E-Certificate).

Contact Details

• Mail to: uilsrepublicday2022@gmail.com
• In case of any query, you can also contact our student convenors via:
  • Vaibhav Goyal (President): 9781520216
  • Rabia Mittal (Secretary): 9780212040
  • Pranjali Aggarwal (Treasurer): 7858820006
• For registration and certificate, kindly contact:
  • Gunjan Garg  (Event Coordinator): 7986718234
  • Salouni Chaudhary (Co- Coordinator): 9306260223
  • Yashna Walia (Co- Coordinator): 9878210844

Disclaimer: All information posted by us on LexPeeps is true to our knowledge. But still it is suggested that you check and confirm things on your level.

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Eligibility

The competition is open for undergraduate and postgraduate students (studying in any of the recognized Schools/Colleges/Departments of the Universities)

Theme

Right to Legal Aid and Access to Justice

Sub – Themes

1. Enforcement of Article 39A of the Indian Constitution
2. New Dynamics in Access to Justice and Human Rights
3. Strengthening Access to Justice through Legal Aid
4. Innovations of Court and Access to Justice in Times of Pandemic Crisis
5. Access to Justice and Legal Aid Services to the underprivileged people
6. Issues and Challenges for Legal Aid and Awareness in India
7. Access to justice & the provision of legal services in India
8. Access to Justice and Rule of Law
9. Blocking Barriers to Access to Justice
10. Access to Justice & the UN Convention on the Rights of Persons with Disabilities
11. Access to justice and legal empowerment
12. How Legal Aid improves access to justice in India

The sub-themes are directory in nature and the authors are advised not to keep a confined view.

Registration Details

Registration Link: https://forms.gle/etVzw5BBg9EjEvfe9

• Registration Fees: Rs. 200/- (Two Hundred Only)
• Google Pay/Paytm/Phone Pe: +91-6303666504
• UPI ID: 6303666504@paytm

(After payment of Fees, Screenshot is to be attached in the Registration Form)

Important Dates

• Last Date of Registration: 20th January 2022
• Last Date for Research Article Submission: 21st February 2022
• Declaration of Result: 1st Week of March 2022
• Prize Distribution: 2nd – 3rd Week of March 2022

Awards

1. 1st Prize: Cash Prize of Rs. 1000/- and Certificate of Merit
2. 2nd Prize: Cash Prize of Rs. 700/- and Certificate of Merit
3. 3rd Prize: Cash Prize of Rs. 500/- and Certificate of Merit

Publication Opportunity

Best Research articles under each sub-theme will be published in an edited book carrying ISBN number.

Note: E-Certificates of Participation will be provided to all the participants.

Submission Guidelines

• The work submitted shall be the original and unpublished work of the author.
• Plagiarism of any kind is strictly prohibited.
• Word Limit (Inclusive of Footnotes): 4000-6000 Words
• Citation: The Citation style should be in consonance with OSCOLA citation.
• The body of the paper shall be: Font: Times New Roman, Font Size: 12, Line Spacing: 1.5
• Citations Font: Times New Roman, Font Size: 10 and Line Spacing: 1
• Headings should be Bold, in Capitals, Size 14, center-aligned.
• The copyright shall vest in the Editorial Board.

Submission Procedure

• Co-Authorship is not allowed.
• All submissions shall be sent through email at: legalaid.solhyd@nmims.edu in Microsoft Word (.doc or.docx) format.
• The subject title for the email must be ‘Paper for National Article Writing Competition’.
• The author must send in the cover letter in the body of the email, which must contain all the relevant details: (Name of the author(s), Designation, Name of College/University/Institution, Phone Number and Email ID).
• An abstract of 300 words followed by 5 minimum keywords is mandatory.
• The decision of the Editorial Committee shall be final and binding.

Review Process

The Articles shall first go for Plagiarism Check. They accept plagiarism/similarity below 15%. After the research article passes the plagiarism check, then the articles will be sent for review. If the Research articles will not pass the plagiarism check then the articles shall be rejected at the instance.

Contact Details

Mail to: legalaid.solhyd@nmims.edu

Disclaimer: All information posted by us on LexPeeps is true to our knowledge. But still it is suggested that you check and confirm things on your level.

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About the Firm

Kachwaha & Partners is a full-service law firm, with offices in Delhi and Mumbai (Bombay) and associate lawyers in most major cities of India. The main office of the firm is in New Delhi, conveniently located next to the diplomatic mission area. It is easily accessible from all parts of Delhi as well as its suburbs.

About the Essay Competition

To stimulate interest and foster growth of arbitration jurisprudence, Kachwaha and Partners initiated an All India article writing competition on the subject of arbitrations (Arb Excel) in 2011-12. Following the healthy response, the event was made an annual feature.

Eligibility Criteria

• The Competition is open for the 3rd, 4th and 5th year students in the five year law course and the 2nd and final year students in the three year law course.
• Note: It is not open to LL.M students

Subject

• There is no prescribed theme/topic. The participants are free to choose a topic so long it is in the field of arbitration.

Dates

• Commencement of submission: October 1, 2021
• Last date for submission: January 31, 2022
• Declaration of results: May 2, 2022

Prizes

• 1^st prize: Rs. 1 lakh
• 2^nd prize: Rs. 75,000/-
• 3^rd prize: Rs. 50,000/-
• Finalists: 3 prizes of Rs. 10,000/- and a book prize worth Rs. 10,000/- each.
• Honourable mentions: 3 prizes of Rs. 10,000/- each.

The prize money will be net of withholding tax (currently 30%) and any other indirect taxes as may be applicable.

Registration

There are no registration fees and registration is automatic at the time of receipt of the article as per the Rules.

Submission Procedure:

• All submissions should be made in an electronic form at akhushu@kaplegal.com 
• The participants are required to submit two separate attachments. Attachment 1 should contain the following documents:
  • Proof of author having met the eligibility criteria in Para I above (e.g. college identity card; certificate from the Head of Institute).
  • Self-declaration by the participant that the work submitted is original in all respects.
  • Self-certificate that the work has not yet been published or otherwise put in the public domain.
• The article should be submitted as Attachment 2 in a word format along with the following documents in the sequence mentioned below:
  • Page 1 – title page
  • Page 2 – short extract / summary of the article
  • Article
• The title page should have the following details:
  • Article title
  • Author’s name and contact particulars
  • College name and address
  • Email id for future correspondence
• The summary / short extract should not exceed 250 words (which would not be counted in the word limit for main article).
• The co-ordinator will within five working days acknowledge receipt of the article. If you do not receive an acknowledgment, please contact the co-ordinator.

Word Limit and Formatting

• Article length should be between 3500 – 4500 words (excluding footnotes).
• The article should be submitted in word format only.
• The article and extract should be written in 12 pt calibre font with 1 inch margin on all sides, 1.5 paragraph spacing and a footer numbering pages as “page x of y”.
• Footnotes should be on the same page. Authors should not use supra, infra, ibid and should give full reference of the citation/ authority/ reference etc. wherever applicable.
• Avoid extensive footnotes or extensive quotations. Reference or paraphrasing of thoughts and ideas from standard works are acceptable without quotations, provided they are duly acknowledged in footnotes or otherwise as may be suitable.

General

• Each article must reflect author’s own research, writing and original thinking.
• Articles will be evaluated on the basis of original thinking, grasp of the subject, writing skills and choice of topic. The articles will be judged by the partners of the firm.
• Any copyright infringement / plagiarism shall result in automatic disqualification. The firm reserves the right to recall any prize if it is discovered later that the article suffered from any copyright infringement/plagiarism. Please do make full disclosure if the article is largely a result of a project in which the author was involved with the others.
• All rights including copyright will vest with the author. The firm will not publish any entry for public viewing but may publish a summary of the prize winning entries on their website.
• Each participant can submit one article only.
• Joint submission and co-authorship is not acceptable.
• The firm will preserve the entries for six months and may delete the same thereafter.
• The decision of the firm shall be final and binding on all participants.
• Participants are deemed to have read and fully understood all terms and conditions at the time of submission of entry.
• The queries, if any, must be sent latest by November 19, 2021. Queries sent thereafter will not be entertained by the Co-ordinators.
• Queries can be addressed to the Program Co-ordinator, Ms. Ankit Khushu at akhushu@kaplegal.com

Announcement of Results

The firm will issue a Press Release in relation to the prize-winning entries and will also post the results on its website. The firm will inform the respective institutions of the winners.

Contact Details

Mail to: akhushu@kaplegal.com

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About the university

CUSB was established under the Central Universities Act, 2009, with the motto, “Collective Reasoning”. The University has been conducting its academic and other activities in its campus which extends over 300 acres at Panchanpur (near Gaya town, Bihar – 824236).

About the school of law and governance

The School of Law and Governance is a pioneer in grooming modern day legal professionals with a multidisciplinary edge by providing specialization in Corporate Law, Criminal Law, Labour Law, Constitutional Law, Taxation Law, International Trade & Investment, Banking, Finance & Insurance, IPR, Environment Law and Medical & Forensic Law. The department purports to provide quality legal education to the law students taking into consideration the changing needs of the society and in the changing era of globalization. At the same time, this department purports to provide traditional views of legal education and research as well because they have become relics of the past. The mission of this school is to equip the students with critical, analytical and applied skills and also to make both transactional and litigating lawyers.

About the legal aid clinic

The Legal Aid Clinic of any law school is one of the most important student bodies with an attitude to provide the students through practical experience that goes hand in hand with the academics. The Legal Aid Clinic, SLG, CUSB is in its 9th year of continuous functioning since its inception. The Legal Aid Clinic has organized prison visits and conducted various social awareness programs in schools and villages. National Conferences & Quiz competitions have also been organized to raise awareness about the importance of legal services among the budding lawyers.

About the event

The Article Writing Competition is being organized to provide young minds a platform to share their views on various socio-legal and contemporary issues related to Alternative Dispute Resolution. Judiciary plays a significant role in safeguarding the constitution. The judiciary is already overburdened by cases and due to the outbreak of COVID19 pandemic, there has been an exponential increase in the number of unsettled cases. This has attracted the attention of Parliament to draft the Mediation Bill, 2021. In the era of COVID19, Online Dispute Resolution as a means to resolve disputes has been very significant. It cannot be denied that the Alternative Dispute Resolution is supplanting Indian Judiciary and is the need of the hour. The idea of this Article writing competition is to bring different viewpoints and new insights on various issues of national and international importance of ADR-ODR. The competition also aims to create awareness among the student community over the importance of Legal Services Authority Act and Legal Aid Clinic in educational institutions. The objective is to sensitize the
students with the philosophy behind and need of remedy to socio-legal challenges.

Theme of the competition

Relevance of Alternative Dispute Resolution in contemporary times.
SUB-THEMES

1. Importance of Alternative Dispute Resolution
2. Online Dispute Resolution in COVID19
3. Legal Services Authority: A bridge between society and law
4. Lok Adalats – Anti thesis to an overburdened judiciary
5. Legal Aid Services and Human Rights
   Note: Abovementioned sub-themes are merely suggestive in nature. Any other topics related to Legal Aid, Alternative Dispute Resolution and Lok Adalat are welcomed.

Formatting details

1. The word limit for the article is 1200– 2000 words.
2. The font should be Times New Roman, Font size – 12 & line spacing – 1.5
3. The footnote should be Times New Roman, Font size – 10 & line spacing – 1.0.
   Footnote style to be followed is Bluebook 20th edition.
4. The body of the article should in no manner disclose the name & institution of the
   participant.
5. After the registration process completes, all the participants will be provided with a
   unique id which shall be mentioned at the end of the article.

Eligibility

Students of all UG/PG courses of all recognized universities are eligible to participate in the competition.

Awards and accolades

Winner – Cash Prize + E-Certificate + Publication opportunity on Legal Aid’s Blog + other exciting awards
Runner up – Cash Prize + E-Certificate + Publication opportunity on Legal Aid’s Blog + other exciting awards
3 Consolation Prizes – E-Certificate + Publication opportunity on Legal Aid’s Blog + other exciting awards
E-certificate to all the participants.

Registration details

Single Author – Rs. 40/-
In case of co-authorship, the registration fee is Rs. 60/-
(Cross institutional teams are also allowed.)

Payment details

Account Name: Department of Law And Governance- CUSB
Account no: 39141156006
Bank: State Bank of India
IFSC: SBIN0061174

Registration link

https://docs.google.com/forms/d/e/1FAIpQLScdkBQLbAmBKSibRbe5yGBUgsGjdyQxMWci8S-X
viwKImOSQQ/viewform

Important dates

Last Date for Registration – 27th November 2021

Last Date for submission – 29th November 2021 (11:59 P.M.)

Result Declaration – 2nd December 2021 

All submissions should be mailed to legalaidclinic@cusb.ac.in with the subject “Article Submission 2021 – Constitution Day – Unique id”. The article should be attached in docx. format. Plagiarism to the extent of 10% can be considered.

Contact Details

legalaidclinic@cusb.ac.in

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Introduction

The Taxation Laws (Amendment) Bill 2021 was presented after India lost retrospective tax demand proceedings against Cairn Energy Plc. and Vodafone. The Taxation Laws (Amendment) Bill, 2021, was introduced in the Lok Sabha on August 5, 2021, by Nirmala Sitharaman, the Minister of Finance. Both the Income Tax Act of 1961 and the Finance Act of 2012 are amended by this bill.  The IT Act was revised in 2012 to impose a retrospective tax liability on income derived from the sale of shares of a foreign company. Effective 2021, this retrospective basis for taxation will be eliminated through the Taxation Amendment Bill. As part of the bill, any demand for “indirect transfer of Indian assets” made before May 28, 2012, are to be withdrawn or provide an undertaking to withdraw pending litigation, as well as an undertaking that no claim for cost, damages, interest or other compensation is to be made with the enactment of the bill. The proposed Taxation Laws (Amendment) Bill 2021 would also allow companies exposed to retrospective tax demands to be refunded the amount paid without interest thereon.

Background

What is retrospective taxation?

An enactment of retrospective taxation is government-enacted legislation that taxes specific products, items, or services, as well as deals, and collects money from businesses even before the legislation is enacted. Governments frequently amend tax laws retrospectively to clarify existing legislation, which can hurt businesses that misinterpreted the rules. Businesses that have taken advantage of loopholes in past laws have been taxed retrospectively in many countries, including the United States, the United Kingdom, the Netherlands, Canada, Belgium, Australia, and Italy.

The Vodafone – Hutchison Case

Vodafone paid $11 billion for a 67 percent share in Hutchison Whampoa in May 2007. This comprised Hutchison’s mobile telecommunications business as well as other Indian businesses. A demand was made by the Indian government initially of Rs 7,990 crore in capital gains and withholding tax from Vodafone in September of that year, claiming it should have deducted the TDS (Tax at Source) before making the payment to Hutchison. The demand notice was contested at the Bombay High Court, but the judges favored the Income Tax Department. Later, Vodafone Group challenged the judgment of the High Court in the Supreme Court, which ruled in 2012 that Vodafone’s interpretation of the Income Tax Act of 1961 was correct, thus preventing the company from paying taxes. Therefore, the question of taxation of gains arising from the transfer of shares of foreign companies, also known as “indirect transfers of Indian assets”, was the subject of protracted litigation. In 2012, the Supreme Court further stated and observed that the gains deriving from the indirect transfer of Indian assets are not taxed under the Income Tax Act’s current provisions.

Amendment to Finance Act, 2012

A retrospective amendment to Section 9 was enacted by the Finance Act of 2012. Explanations 4 and 5 were added to Section 9 (1) (i) of the Finance Act, with retrospective effect from the date of January 1, 1962. Gains deriving from the transfer or sale of shares or interest in a foreign firm are taxable in India if such shares, directly or indirectly, derive their value substantially from assets positioned in India, as per the amendment.

The Supreme Court pointed out in Vodafone’s case that the word “through” in section 9 does not indicate “as a result of.” Explanation 4 was added to address these concerns by clarifying that the term “through” in section 9 (1) (i) should mean and include “utilizing,” “in consequence of,” or “because of,” and shall be regarded to have always meant the above contentions.

A capital asset or asset situated in India is considered to have been disposed of in India, while income arising from such a transfer is deemed to be accrued or derived in India following explanation 5 to section 9 (1) (i) if;

1. If the capital asset or asset is a share or of interest to the company incorporated outside India;
2. The shares derive their value from the assets located within India; and
3. The values may be derived from the assets situated within India both indirectly and directly

Analysis Of The Taxation Laws (Amendment) Act, 2021

CONSEQUENCES ON PENDING ASSESSMENT

The fourth proviso to Explanation 5 (also known as indirect transfer of assets) of Section 9 (1) (i) states that the provisions of Explanation 5 (indirect transfer of Indian assets) do not apply to income accruing or derived from indirect transfers of Indian assets made before May 28, 2012. When assets seated in India are indirectly transferred before the 28th of May 2012, Explanation 5 of Section 9 (1) (i) would not apply retrospectively. As a result, income derived from or originating from such an indirect transfer of Indian assets or capital assets is not taxable in India with effect to the Amendment. Thus, all the pending litigations concerning assessment or rectification relating to computation of income derived from indirect transfer of assets would be concluded despite any specific additions.

CONSEQUENCES ON CULMINATED ASSESSMENT

When assets situated in India are transferred indirectly before 28 May 2012, the retrospective effect of Explanation 5 to Section 9 (1) (i) is excluded. As a result, income derived from or originating from such an indirect transfer of assets or capital assets which are Indian is not taxable in India with effect to the Amendment. In the Sixth Proviso, if any amount becomes refundable to such a person, the person will be refunded, but no interest will be paid under section 244A.

Only those assessees’ who meet the following criteria will be granted relief in scenarios of completed assessments:

1. In the event, the assessee has filed an appeal or writ petition before an appellate authority or the High Court or the Supreme Court against any order in reference to such income, he shall make a withdrawal or submit an undertaking for  withdrawal such appeal or writ petition;
2. As per any law currently in force or under any agreement India has entered into with any other country or territory out of India, where the said participant has initiated an arbitration, conciliation, or mediation proceeding, or has given any notice thereof he must withdraw or furnish an undertaking to withdraw any claim he may have made in such proceedings or notice;
3. An undertaking shall be provided by the mentioned person waiving any right that would be available to him otherwise under any law currently in force, or under any agreement entered into by India with any such country or territory outside India;
4. Any other conditions as may be prescribed

Amendment To Section 119 Of Finance Act, 2012

Section 119 of the Finance Act of 2012 inserted a validation clause to validate all demands raised/notices sent in association with the indirect transfer of assets, stating that any decision of any Court, Tribunal, or other body, including the Supreme Court’s decision in Vodafone’s case, holding such indirect transfer to be outside the purview of section 9 (1) (i), will be disregarded.

By the introduction of the proviso to Section 119 of the Finance Act of 2012, the Act proposes a consequential adjustment to the aforesaid provision. It states that if a person meets specific circumstances, such as withdrawing or submitting an undertaking for the withdrawal of existing litigation and making a promise that no assert for costs, damages, or interest will be made, this section will no longer apply to them.

Conclusion

The government announced the repayment of about Rs 8,100 crore in levies collected while enforcing the 2012 amendment. In all circumstances where the demand for the tax was made for transactions conducted before May 28, 2012, the demand will be “nulled on fulfillment of specified requirements.” The 2012 amendment drew substantial criticism, particularly from international sectors, because it violated the principle of tax certainty by having a retrospective effect. With the application of the Amendment Act of 2021, to eliminate retrospective taxation the repercussions would be a huge boost to the investment ecosystem and to ensure the element of certainty in taxation. 

The present article is written by Aathira Pillai, the 5th year BLS LLB student of Dr. D. Y. Patil College of Law.

The present article is edited by Shubham Yadav, the 4th year Law student of Banasthali Vidyapith.

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