School of Law, Sathyabama Institute of Science and Technology is organising ‘Col. Dr. Jeppiaar Memorial 1st Mono Advocacy Competition 2022 in virtual mode on August 25 & 26, 2022.

ABOUT

Sathyabama Institute of Science and Technology (SIST), formerly Sathyabama University, is a deemed-to-be university, situated in Chennai, Tamil Nadu, India. It was founded in 1987 as Sathyabama Engineering College by the late Dr. Jeppiaar.

ELIGIBILITY

The participant shall be a student pursuing any 3-year or 5-year law programme.

Composition

  • Each participant will be enrolled as an individual, and not as a team.
  • The individual participant will be expected to research both sides during the oral pleadings. Each institution can send only one participant.

REGISTRATION PROCESS

  • Institutions are requested to submit the provisional registration form given at the end of this post. 
  • Participation will be considered on a first-come-first-serve basis and only the first 16 participants will be provisionally registered.
  • The last date for provisional registration is August 10, 2022.
  • The provisionally registered institutions will receive an email, signifying the status of their provisional registration for participation on August 10, 2022 upon which the participants are requested to complete their final registration.
  • Provisionally registered participants are requested to fill in the Google Form to complete the final registration.
  • There is no registration fee.
  • The last date for final registration is August 16, 2022.
  • Every participant who has successfully completed the Registration requisites under the rules shall be allotted a Unique Participant Code after the closure of the Registration for the competition.
  • Once the code is allotted, every participant must use only the participant code for any further communication with the Organizers during the competition.

IMPORTANT DATES

  • Provisional registration Deadline: August 10, 2022
  • Final registration deadline: August 16, 2022
  • Date of the Competition: August 25 to 26, 2022

LINKS

https://drive.google.com/file/d/117fIOC-fhSZK7MfFsc1diLlbbgFYm0wH/view?usp=sharing

CONTACT DETAILS

+91 99403 18218

https://forms.gle/vKduyb1wSdBJajKH6

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K.R. Mangalam University, School of Legal Studies is organizing a faculty development program on Changing dimensions of Legal Education in the Contemporary Era from August 8 to 13, 2022.

ABOUT

To ensure the effective operation of government and society, as well as to ensure that the goals are justified in order to preserve its existence, law and legal education have always undergone a change.

The legal teaching-learning process has adapted creatively to numerous concerns in the legal profession as a result of the changing times and the resulting confrontation with varied issues and obstacles.

THEME

Changing dimensions of Legal Education in Contemporary Era

SUB-THEME

  • Modern challenges to Constitutional law education
  • IPR: Problems and innovation
  • New developments in environmental law and policy
  • Innovations in Criminal law
  • Problems affecting vulnerable groups
  • The evolving scope of media law
  • The evolving scope of cyber law

REGISTRATION DETAILS

Fee: Academicians/Professionals /Research Scholars: INR 100. The Participation fee will be paid by Online Mode.

CONTACT DETAILS

sols.events@krmangalam.edu.in

http://surl.li/cfnra

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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https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

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LinkedIn:

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INTRODUCTION

Surrogacy has provided infertile couples with their children thanks to the advancements in reproductive technology. On the one hand, this is beneficial; on the other hand, it may have the potential to induce all three parties involved: the surrogate, the surrogate baby, and the infertile couple. Surrogacy arises when a couple who is unable to have a child enlists the assistance of another woman, who subsequently carries and gives birth to the couple’s child. The biological relationship between the surrogate mother and the surrogate baby is fairly straightforward. However, the relationship between the surrogate mother and the infertile couple is much more complicated.

The advent of childbirth in the form of test-tube babies, as well as surrogate motherhood enabled by improved technologies, have opened up hitherto unimagined sexual possibilities. Because any reproductive technique that replaces the marital act is a breach of the sanctity of pregnancy, when natural procreation is separated from sexual relations, spouses might easily become sex objects. It becomes difficult to see each other’s dignity, especially in the unborn kid. Science and technology, on the other hand, have made significant contributions to society. However, it is not ethically correct and is highly contentious.

INDIAN PERSPECTIVE

According to ancient Indian philosophy, the biological purpose of life is to propagate one own trait (genes) and all living creatures are here on a transition phase to pass their traits (genes) to the next generation.1 In India, infertility is widely seen as a societal taboo. Infertile couples are thought to feel and explain the sorrow and trauma of infertility the best. Infertility does not claim a person’s life, but it has a terrible impact on a person’s life because he or she is unable to fulfil the biological function of parenthood due to no fault of their own. It is also well known that Indian society as a whole has a fairly stable family structure, a strong desire for children, and a specific desire for males to carry on the Vansh lineage.

There are two types of surrogacy: gestational and conventional. Traditional surrogacy entails the surrogate being inseminated, either naturally or artificially, with the male partner of the childless couple’s sperm, with the resultant kid being genetically connected to the surrogate mother. This has several ethical, societal, and legal ramifications. In the instance of gestational surrogacy, an embryo is created in a test tube from the intended couple’s eggs and transported to the surrogate’s womb via Artificial Reproduction Techniques (ART). As a result, the resulting infant bears no genetic resemblance to the surrogate mother.

Health Risk: The surrogacy process is fraught with difficulties. The primary issue is the surrogate mother’s health risks. In India, up to five embryos may be implanted into surrogates to increase the likelihood of pregnancy. Using so many embryos raises health risks for newborns and mothers, possibly even endangering the latter’s life. An older surrogate mother is more likely to experience perinatal mortality, perinatal death, intrauterine fetal death, and neonatal death. The mother is more at risk for pregnancy-related hypertension, stroke, and placental abruption. All medications have side effects, whether they are hormones or medications the surrogate is told to take. There is also the risk of maternal hyperstimulation syndrome.

Commoditization of Surrogate Child: Various international agreements and pieces of judicial precedent indeed support the idea that human dignity forbids the commoditization of the body, regardless of the wishes of the person whose commoditization is in question. Simply expressed, the practice of surrogacy carries the risk of transgressing norms of human decency. The human body and its components “must not, as such, give rise to the financial benefit,” according to the Convention on Human Rights and Biomedicine. Germany and Switzerland also use the argument that commercial surrogacy reduces the gestational carrier and the child she bears to mere contract objects to support their objection to the practice. In actuality, CEDAW views motherhood as “a social function” as opposed to a business purpose.

Horsburgh (1993) contends that after signing contracts promising to give birth to children for clients, surrogates are subjected to physical exploitation. Even worse, surrogates may only receive a small portion of the initial payment if the pregnancy is indeed aborted. Contracts may also hold mothers liable for risks such as illnesses brought on by pregnancy, disease, and postpartum problems2.

India leads the world in surrogacy because of the affordable care and easy access to women who want to carry foreigners’ children. According to some estimates, the Indian surrogacy market is already worth $445 million. Surrogacy costs roughly $12,000 in India against $70,000 in the US. Additionally, there are legal restrictions on the surrogate mother charging the childless couple in the US and the UK; however, there are no such restrictions in India.

Surrogacy involves basic questions about the essence of personality, human dignity qualities, individual liberty and the boundaries of choice, and the contrast between what can be sold, what must be given away, and what should not be given in any way. Opponents of surrogacy argue that the practice is equivalent to prostitution, and by that similarity, it should be disallowed on moral grounds. Surrogacy’s prospects in India range from the opportunity to exploitation, from rural women being rescued out of poverty to a futuristic nightmare of developing-country baby farms.

LEGAL DEVELOPMENTS

2002– Since 2002, commercial surrogacy has almost been permitted in India.

2005– The Indian Council for Medical Research (ICMR) issued the initial guidelines for accreditation, supervision, and regulation of ART clinics in 2005, marking the start of an effort to regularize this.

2008– The Indian Supreme Court emphasized the need for legislation to control surrogacy in 2008.

2009– The Law Commission of India then presented a report in 2009 on the need for legislation to regulate surrogacy and address related issues3.

2010– A legal contract between the commissioning parent, potential surrogate, and ART clinic was suggested by ICMR in 2010 when the guidelines were revised.

2015– The draft of the ART bill, which is still pending, was opened to suggestions by the ministry of health and family welfare. The Indian government outlawed commercial surrogacy in 2015 and barred entry for foreigners, NRIs, and POIs.

2019– In 2019, the union cabinet approved the surrogacy regulation bill. Only Indian married heterosexual infertile couples are eligible to use surrogacy services under this bill.

2021– The Lok Sabha has approved this bill, and it will become law very soon.

Highlights of The Surrogacy (Regulation) Bill, 2019:

  • Other than the medical costs and insurance coverage throughout the pregnancy, the bill does not include any financial payment to the surrogate mother.
  • Surrogacy is permitted when it is for intending couples who suffer from proven infertility, altruistic or altruistic reasons and not for commercial purposes. It is not for producing children for sale, prostitution or other forms of exploitation, or any condition or disease specified through regulations.
  • Requirements for intending couple: Certificate of Essentiality shall be issued by District Medical Board or District Magistrate upon the fulfilment of certain requirements. The requirements are proven infertility of one or both members of the intending couple, insurance coverage for a period of 16 months covering postpartum delivery complications for the surrogate.
  • Eligibility for surrogate mother: The competent authority shall issue a certificate of eligibility, after considering the requirements i.e., a close relative of the intending couple; a married woman having a child of her own; 25 to 35 years old; a surrogate only once in her lifetime; and possessing a certificate of medical and psychological fitness for surrogacy.
  • The central and state governments shall appoint one or more appropriate authorities within 90 days of the Bill becoming an Act. The functions of the appropriate authority include; granting, suspending or cancelling the registration of clinics; enforcing standards for surrogacy clinics; investigating and taking action against breach of the provisions of the bill.
  • The Central and State governments shall constitute the National Surrogacy Board and State Surrogacy Boards, respectively.

CASE LAWS

Baby Manji Yamada vs. Union of India- The destiny of Baby Manji Yamada, who was born to an Indian surrogate mother on behalf of a Japanese couple who had already separated before the baby was even a month old, was unknown. Ikufumi Yamada, the child’s biological father, sought to bring the child to Japan, but neither the Japanese government nor the legal system allowed for such a situation. The girl was eventually permitted to leave the country with her grandmother after the Supreme Court of India had to step in. The Baby Manji Yamada ruling had the most effect in that it prompted the Indian government to pass legislation governing surrogacy. Following the Manji case, the Supreme Court of India declared surrogacy legal in India in 2008. This decision strengthened foreign confidence in choosing India as the location for their surrogacy.4

The bill is meant to prevent surrogate mother exploitation and to protect the rights of a surrogate kid so that no one can coerce her into carrying a pregnancy out of avarice. But is that actually how things are? Do these steps go far enough to stop child and female trafficking and exploitation of the female body? Since infertile couples have no other options, there is a potential that a close female cousin may be coerced by family members to assist an infertile couple against her will. Isn’t that lady being taken advantage of? She can decide to become a surrogate against her will merely to avoid pressure from her relatives. The intended parents’ ages, which should be 40 for the lady and 45 for the father, are another concern.

Currently, they are 50 and 55 years old, respectively. Just think about how old these parents will be when their kids turn 20. The child shouldn’t have a parent who is much older than them. They might pass away when their surrogate child is still very young and may not be emotionally or financially stable. Parenting at an advanced age is particularly risky for the child and should be discouraged. There is a significant need to fix all the issues before the law is put into effect because this draft bill has received so many criticisms and flaws. Government should think things over thoroughly before making any judgments.

CITATION

1.  Gupta PD, Lino A. Bikaner: Capricorn Publishing House; 2010. ‘Mothering a cause: practical knowledge of reproduction and motherhood.

2.  Surrogate Motherhood-Ethical or Commercial, Centre for Social Research (CSR) 2.

3.  Law Commission of India. Report 228, 2009.

4.  AIR 2009 SC.

This article is written by Sanskar Garg of School of Law, Devi Ahilya University, Indore.

INTRODUCTION

India is one of the largest populous countries in the whole world with a lot of diversity within the population. Being a democratic nation, the elections are the most important part of the system. It can be told that the elections lie within the heart of democracy. Only through the elections, do people participate in public affairs and express their will in the democracy. Only through the elections, it has been possible in India to change the power from one party to another in a peaceful manner. The authority of the government gets clothed with legitimacy. However, holding free and fair elections is a sine qua non in a democratic nation.

Even after 70 years of the attainment of independence, India still suffers from global issues like poverty, illiteracy and inequality, etc. In addition to these, the Indian population group themselves as per the caste, religion, region and also gender. It would be a stupendous task to conduct periodic elections by encouraging a large-scale population to participate.

Time and again, Indian have reposed faith in the elections as the most potent means of non-violent and peaceful protest against all acts of omissions and commissions of Government. It can be said that the imposition of the elections has been more successful than many other liberal democracies in the world.

However, several anomalies in the election system’s operation have become apparent. The necessity to address such troubling circumstances has sparked a discussion in the nation over election changes. The Election Commission, which is endowed with the real authority of supervision, direction, and control of elections in the nation under the Constitution, has from time to time made tangible proposals/suggestions based on objective issues experienced during election administration. Politicians have expressed their desire for change via the platforms of parties and Parliament, including the different committees established for that reason. Governments have also taken corrective action in response to suggestions from different bodies. The reform process, as well as the discourse around it, has been nearly continuous.”

Election Commission of India

The Part XV of the Indian Constitution mentions the Elections and specifies Article 324 regarding the Election Commission i.e., The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).[i]

The Election Commission comes under the Ministry of Law and Justice. The commission consists of a Chief Election Commissioner and two election commissioners. Elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils, and the President and Vice President of the nation are conducted by this organization. The Election Commission is governed by Article 324 of the Constitution and the Representation of the People Act, which was adopted later. Under the Constitution, the commission has the authority to act appropriately when existing laws are inadequate to cope with a particular circumstance in the conducting of an election. The Election Commission, like the country’s higher courts, the Union Public Service Commission, and the Comptroller and Auditor General of India, is a constitutional entity that functions with both autonomy and independence. It is a constitutional body that exists indefinitely.

Challenges in Electoral Politics of India

Due to the obvious massive amount of money that must be spent and a large amount of muscle power necessary to win elections, the elections are not being held under ideal circumstances at the moment. The following are the key flaws with the Indian election system:

  • Money Power:

Candidates in each seat must spend millions of rupees on campaigning, publicity, and other expenses. The majority of contenders spend significantly more than the permitted amount. The elections weren’t costly till 1952 when compared to the present days. Politicians used to think that it was unethical to work for a reward. But now the scenario has changed. In India, the implementation of planned and mixed economies with a high level of control, regulation, licenses, permits, and quotas gave significant chances for political corruption and resulted in an immoral relationship between electoral politics and the country’s corporate sector. Despite the liberalized economy caused to the country’s political system, this seems to be continuing today with much more devastating repercussions of an overflow of illicit money into the corridors of political parties. Elections in India are so far away from the average person that only individuals with a lot of money may run for office as a candidate since voting is no longer a reliable indicator of public opinion. It’s being purchased.

At present, candidates participating in MP elections spend Rs. 15 to 25 lakhs and candidates participating in the MLA elections is Rs. 5 to 10 lakhs. Any amount spent more than that is being considered corrupt practices as per the Supreme Court of India. It has elucidated as follows:

The object of the provision limiting the expenditure is twofold. In the first place, it should be open to any individual or any political party, howsoever small, to be able to contest an election on a footing of equality with any other individual or political party, howsoever rich and well-financed it may be, and no individual or political party should be able to secure an advantage over others by virtue of its superior financial strength.

In the case of L.R. Shivaramagowde v. P.M. Chandrasekhar[ii] the supreme court stated, “If the account of election costs provided by the candidate is determined to be erroneous or misleading, the Commission has the authority to disqualify the candidate under Section 10A of the Representation of the People Act, 1951″.[iii]

  • Muscle Power:

Muscle strength is mostly responsible for violence, pre-election intimidation, post-election victimization, riggings, and booth capturing. These are common in many regions of India, and the sickness is progressively spreading throughout the nation. Criminals are able to win elections for their patrons by resorting to violence.

  • Misuse of the Machinery of Government:

When a government is in power during an election, it is often noted that the official apparatus is used to help the electoral chances of its party’s candidates. Misuse of official machinery takes many forms, including the publication of ads at the expense of the government and the public exchequer publicizing their accomplishments, payments from ministerial discretionary funds, and the use of government cars for canvassing. The abuse of official machinery in this manner offers the governing party an unfair advantage during elections, resulting in the misuse of public monies to help candidates of a certain party advance.”

  • Criminalisation of Politics:

Criminals join politics and guarantee that money and brute power win them elections, preventing the prosecution of their charges. Political parties are also content as long as they have candidates who can win elections. In exchange for cash, political parties cast criminals in elections and provide them with political patronage and security.

  • Independent candidates that aren’t serious:

Serious candidates run non-serious candidates in elections to cut down on the number of votes that would otherwise go to competitor candidates.

  • Casteism:

Certain caste groups have been known to offer considerable support to political parties. As a result, political parties make concessions to various caste groupings, while caste organizations strive to push parties to provide tickets for their members’ elections. Caste-based voting is common in the nation, and it is a significant blemish on democracy and equality. This causes schisms in the nation.

  • Communalism:

The Indian political culture of pluralism, parliamentarians, secularism, and federalism is in danger of communal division. In the linked article, you may learn more about communalism.

  • In politics, there is a lack of moral values:

In India, political corruption has turned politics into a business. People join politics in order to make money and maintain their wealth and influence. Few politicians join politics with the intention of improving the lives of their constituents. In India’s political arena, Gandhi’s virtues of service and sacrifice are absent.

Electoral Reforms in India

To overcome the challenges in the electoral system, electoral reforms are brought in by the suggestions of the Law Commission and National Election Watch. The following are a few reforms mentioned below:

The electoral reforms can be divided as follows:

Reforms made Pre-2000:

  1. Reduction of voting age:

In the 61st Amendment of the Constitution, the voting age has been decreased in India from 21 years to 18 years (Article 326).[iv]

2. EVM introduction:

Electronic Voting Machines have been introduced in 1982. Its usage has been first present in Pakur village, Kerala. The amendments have been made to the Representation of People Act 1951 which has made provisions to the EVMs to Sections 61A.[v] They were initially used in Madhya Pradesh elections in 1998, followed by assembly elections in Delhi and Rajasthan. Its arena was eventually dispersed around the country. EVMs are now at the forefront of elections, and they are unavoidable.

3. Disqualification on conviction for violating National Honours Act, 1971:

If convicted of breaking the National Honours Act of 1971[vi], the individual would be barred from standing elections to Parliament and state legislatures for a period of six years.

4. Contesting from more than two constituencies is prohibited:

A candidate may only run in two constituencies at a time.

5. A contending candidate’s death:

The election had already been postponed due to the death of a contending candidate. No election will be annulled in the future due to the death of a contending candidate. If, on the other hand, the dead candidate was nominated by a recognized national or state party, the party concerned will be given the opportunity to nominate another candidate within seven days of the Election Commission issuing a notification to that effect to the party concerned.

6. The Arms Act of 1959[vii] makes it illegal for anybody carrying a weapon to approach a voting place. Anyone detected in possession of weapons near the voting booth might face a penalty of up to two years in prison.

7. The employees of organisations get paid holiday during the poll days and it is punishable by a fine in case of violation.

8. Sale of Liquor:

A 48-hour ban on liquor will be imposed near the polling areas. No intoxicants will be allowed for sale till the conclusion of the poll.

9. Bye-elections’ time limit:

Bye-elections shall henceforth be conducted within six months after the occurrence of a vacancy in either House of Parliament or State Legislature. 

10. Election Commission Delegation:

For the duration of their employment, all workers involved in the preparation, revision, and correction of electoral rolls for elections will be regarded on deputation to the Election Commission and will be overseen by the Election Commission.

11. The Increase in proposers and security deposit:

The number of voters necessary to sign as proposers in nomination papers for elections to the Rajya Sabha and State Legislative Councils has been increased to 10% of the electors in the constituency or ten such electors, whichever is fewer, primarily to discourage frivolous candidates. To deter non-serious applicants, the security deposit has been increased.

12. The campaigning time has been shortened.

Post- 2000’s Electoral Reforms:

  • Postal Ballot:

Service voters, special voters, spouses of service voters and special voters, voters under preventive detention, voters accountable for election duty, and Notified voters were among the six categories added to the postal ballot in 2013. The Electronically Transmitted Postal Ballot facility was provided to qualified foreign voters in 2020, in order to increase the number of voters, which had decreased during the year.

  • Election spending cap:

Currently, there is no cap on how much a political party may spend on an election or a candidate. However, the Commission has set a spending limit for individual candidates. It costs between Rs. 50 and Rs. 70 lakhs to fight a Lok Sabha seat (depending on the state they are from), and between Rs. 20 and Rs. 28 lakhs to win an assembly election.

  • Voter education:

 The government has made initiatives to improve voter education by designating January 25th as ‘National Voters Day.’

  • Restriction of Exit Poles:

Exit polls were banned in 2010 when Section 126(A) of the Representation of Peoples Act, 1951 was introduced.[viii]The Election Commission issued a declaration banning the broadcast of exit polls before the 2019 Lok Sabha elections. They said that exit polls may only be televised after the election’s final phase. This action was done to ensure that voters were not deceived.

  • Every applicant is required to disclose their criminal history and assets. The candidates must reveal their criminal history thrice before an election, once in a national daily newspaper and again in two different regional language newspapers, and lying in the affidavit now carries a penalty of six months in jail, a fine, or both.

Conclusion

India’s Parliamentary system has been a successful standing example for emerging democracies. The elections are considered the heart of democracy. The people have vested their faith in the elections, as they get to choose their own representatives. However, there are many factors affecting the outcomes of the elections. There are many negative impacts on the voting population which decide upon whom they vote for, as aforementioned. Many reforms have been passed to make the electoral system a better version and to run in a free and fair manner. However, there are still a few flaws in our electoral system like candidates with criminal backgrounds being able to participate as representatives. There isn’t any provision that prevents them from participating in elections.

According to the Association of Democratic Reforms, “29% elected members of 17th Lok Sabha to have criminal cases of rape, murder, attempt to murder and crime against women. Since 2009, 109 per cent has increased in the number of MPs with serious criminal cases. In the 2014 Lok Sabha elections, 185 winners declared criminal cases against themselves. The political parties have become a shelter home for criminals. Now, criminal representatives of the legislative are involved in rule making process. This is a serious issue before electoral reforms. There is no legislative action to prevent criminal politicians from rule making process. Booth capturing, violence, pre-election intimidation, and victimisation are mainly the product of muscle power. However, the Apex Court has issued an order in 2003 that candidates must file an additional affidavit stating (i) information relating to all pending cases in which cognizance has been taken by a Court, (ii) assets and liabilities, and (iii) educational qualifications.

There is an urgent need to make stricter laws like the Anti-defection law for preparing India to have free and fair elections and prohibit the candidates who perform malpractices to win the elections. The EVMs must also be taken care of, as there are many situations in which the machines have malfunctioned and benefitted the winning party.


CITATIONS

[i] The Constitution of India 1950, art. 324.

[ii] L.R. Shivaramagowde v. P.M. Chandrasekhar, 1998 Supp (3) SCR 241.

[iii] The Representation of People Act 1951, s. 10 A.

[iv] The Constitution of India 1950, art. 326.

[v] The Representation of People Act 1951, s. 61 A.

[vi] National Honours Act 1971.

[vii] The Arms Act 1959.

[viii] The Representation of People Act 1951, s. 126 A.

This article is written by K. Mihira Chakravarthy of Damodaram Sanjivayya National Law University.

INTRODUCTION

The Latin proverb that suits the Juvenile Justice framework in India best is ‘Nothing Novi Spectrum’ which suggests that nothing is new on this planet. There is an assumption in the entire world since the old-time frame that Juveniles ought to be managed mercifully on the grounds that there exists a school of thought that says- young people, by and large, have a propensity to answer in a serious and delayed dissatisfaction which goes with forceful methodologies.

Over the most recent couple of years, it is likewise seen that the violations done by kids younger than 15-16 have expanded essentially. The overall propensity or the brain research behind the responsibility of the wrongdoing or the reasons for wrongdoing are early-valuable encounters, prevailing manliness, childhood, financial ruins, absence of training, and so on. It involves a disgrace that the kids younger than 6-10 these days are utilized as instruments for doing unlawful or criminal operations. Since a child’s mind is naive and manipulative in nature, they can be baited at a pitiful expense.

Before the Eighteenth Century, juvenile offenders were dealt with in a similar way as other criminal wrongdoers[i]. Around the mid-eighteenth hundred years, a push for specific treatment of juvenile offenders began.

DISTINCTION BETWEEN JUVENILE AND CHILD

A minor is a person who is under the age of legal obligation and responsibility, or who is yet to reach the lawful age of 18 years. An accused child of a crime cannot be attempted as a grown-up and moved to a Child Care Centre, whereas a juvenile is somebody between the ages of 16 and 18. A young person who has been accused is a juvenile and can be tried in court as an adult.[ii] As a rule, the two terms have a similar definition, however, the difference lies in the legal implications. Minor indicates a child or teen, while a juvenile indicates either an immature person or a young offender.

PRESENT SCENARIO

At present time, a development for the exceptional treatment of juvenile offenders has begun throughout the world including in many nations like the U.K. and the U.S.A. This development began around the eighteenth hundred years. Before this, juvenile offenders were treated as same as other criminal wrongdoers[iii]. Furthermore, the General Assembly of the United Nations has embraced a Convention on the Rights of Child on the twentieth of November 1989 to safeguard the well-being of juvenile offenders. The Convention expresses that to safeguard the social – reintegration of adolescents, there will be no legal action and court preliminaries against them. The Convention drove the Indian Legislation to nullify the Juvenile Justice Act, of 1986 and to make another regulation. Consequently, Indian Legislation concocted another demonstration which was called “The Juvenile Justice (Care and Protection of Children) Act, 2000.”

The Juvenile Justice, 1986 which revoked the previous Children Act, 1960, pointed toward giving impact to the rules contained in the Standard Minimum Rules for the Administration of Juvenile Justice embraced by the U.N. nations in November 1985. The previously mentioned Act comprised 63 Sections, and 7 Chapters and is stretched out to the whole of India, except for the State of Jammu and Kashmir. The basic role of the Act was to give care and insurance, treatment, improvement and recovery to the ignored juvenile delinquents. The principal goals of the Act were:

a. The demonstration essentially set down a uniform structure for adolescent equity in the country so that it safeguards the right and interests of adolescents.

b. It discusses the apparatus and infrastructure for the consideration, insurance treatment, advancement and recovery of the adolescent wrongdoers.

c. It set out the fundamental arrangements for the appropriate and fair organization of law enforcement in the event of horrifying wrongdoing done by adolescent guilty parties.

The Indian Juvenile Justice Policy is created around the Constitution. Articles 15 (3), 21, 24, 39 (e) and (f), 45 and 47 of the constitution, in addition to different worldwide Covenants, remembering the UN Convention for the Rights of the Child (CRC) as well as the UN Standard Minimum Rules for Juvenile Justice Administration (Beijing Rules). The United Nations General Assembly passed the Convention on the Rights of the Child on November 20, 1989, which incorporates arrangements to protect the right of young wrongdoers. This exhibit additional safeguards the social breaking down of juveniles by expressing that no legal activities or court preliminaries would be held against juveniles. The Indian Parliament was pushed to invalidate the Juvenile Justice Act of 1986 and substitute it with the Juvenile Justice (Care and Protection of Children) Act of 2000, which is an improved and essentially better version. Moreover, the Juvenile Justice Act of 1986 replaced the Children Act of 1960 to take on the United Nations General Assembly’s Standard Minimum Rules for the Administration of Juvenile Justice, which was passed in November 1985. Except for Jammu and Kashmir, the law laid out a public starting point for the insurance of the privileges and interests of juveniles. It also covered a few major requirements for the organization of equity as well as the game-plan to be taken when teens commit shocking offences.

The Juvenile Justice Act of 2000 was enacted with the United Nations General Assembly’s 1989 in mind. Its object was to consolidate and amend the law relating to juveniles in conflict with the law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach. Albeit it was amended twice in 2006 and 2011, it was insufficient in shutting out the defect and incompetency. To counter the advancement of juvenile offenders in India, the regulation was cancelled and replaced with The Juvenile Justice (Care and Protection) Act, 2015, which is presently the key rule controlling India’s juvenile equity framework.

The “case of immaturity,” which implies to concluding who might request the freedoms of an adolescent or who can be considered an adolescent, is the first and foremost question that needs to be answered. In India, the Juvenile Justice Board leads a case of immaturity as per Rule 12 of the Juvenile Justice Rules, 2007. The board must decide the case of immaturity under the steady gaze of the court procedure, nonetheless, the case might be raised anytime, even after the case has been chosen. The Court deduced on account of Kulai Ibrahim v. Territory of Coimbatore[iv] that under Section 9 of the Juvenile Justice Act of 2015, a charge has the privilege to document a case of immaturity anytime all through the preliminary or even after the issue has been settled. The Supreme Court administered in Deoki Nandan Dayma v. Province of Uttar Pradesh[v] that an understudy’s date of birth expressed in school records is OK proof for deciding an adolescent’s age.

India has laid out a regulation that tends to juvenile offenders’ privileges, interests, and security. This is an endeavour to resolve the issues connected with adolescent misconduct. The three mainstays of India’s adolescent equity framework are as per the following: The three mainstays of India’s adolescent equity framework are as per the following:

Youthful guilty parties ought not to be arraigned in courts; all things being equal, they ought to be given the most ideal recovery. Rather than being rebuffed by the courts, they ought to be offered reformative changes. A youngster disregarding the law ought to get non-reformatory consideration while on trial[vi], in light of the local area’s social control organizations, like Observation Homes[vii] and Special Homes[viii].

A consequence of the Nirbhaya Case[ix]

Today (After the Nirbhaya case) many individuals know that a different Justice System exists for Juveniles. Many people are not yet aware of how JJS functions. After the episode of Nirbhaya, individuals turned resentful and communicated their antagonistic mentality towards the decision of the court. They requested a capital punishment for the juvenile convicted in the Nirbhaya case. There was thundering in parliament and the new regulation (Juvenile Justice Care and security of youngsters 2015) was enacted in India. It is an extensive arrangement for youngsters claimed and regarded to be in trouble with the law. It additionally manages juveniles needing care and assurance. This regulation is instituted thinking about the Rights of the Child and other related worldwide instruments. The administration of India consented to the show of Rights of the Child (CRC) on 11 Dec.1992. As per the global deals and established boundaries, it is the obligation of the state to treat the juveniles with all delicateness and see to their well-being. In any case, there are major areas of strength for the interest of crueller discipline for young people who carry out heinous offences. For example, offences like homicide, assault, burglary, dacoit and so on. Such juvenile offenders ought to be rebuffed like grown-ups.

Obviously, there is an incendiary manner of speaking about youth violations and there is expanded public scepticism about the present JJS. Since the reception of our constitution a lot of endeavours were made to comprehend the way of thinking of the JJS and as needed by different regulations were sanctioned. However, every one of the endeavours is apathetic and needs serious thought. The partners of the Juvenile Justice Administration should observe the difficult circumstances that win in our JJS. Learned people condemn misguided strategies and waste of enormous valuable assets.

CONCLUSION

The Juvenile Justice System depends on the rule of social government assistance and privileges of the kid. The focal point of the JJS is reorganization and recovery. It sets out to open doors for the youngster to foster his character. The objective, all things considered, is to continue ahead to make a populist society of high request. Youngsters are the future assets of the country. They should be nurtured from negative to positive characters. Nonetheless, shifting focus over to the previous experience, we need to connect the wide hole between hypothesis and practice. In this cycle, we need to construct a decent framework and productive Juvenile Justice Administration. The new regulation conveys the fantasies, however, what we really want is to make the fantasy, a reality.

This article is written by Arpita Kaushal of UILS, PUSSGRC , HOSHIARPUR.


[i] https://www.juscorpus.com/the-role-of-the-juvenile-justice-system-in-india/ ( Last accessed on 17 June, 2022 )

[ii] https://blog.ipleaders.in/juvenile-justice-system-india/  ( Last accessed on 17 June, 2022 )

[iii] https://www.legalserviceindia.com/legal/article-6794-juvenile-justice-system-in-india.html ( Last accessed on 17 June, 2022 )

[iv] Kulai Ibrahim v. State Rep. by the Inspector of Police B-1, Bazaar Police Station, Coimbatore [2014] (142) AIC 144

[v] Deokinandan And Ors. vs State Of U.P. And Ors. [1995]  1996 CriLJ 61

[vi] Juvenile Justice (Care and Protection) Act, 2015. Section 2 (13)

[vii] Juvenile Justice (Care and Protection) Act, 2015 Section 47

[viii] Juvenile Justice (Care and Protection) Act, 2015. Section 48

[ix] Mukesh & Anr v. State For NCT of Delhi & Ors. (2017) 6 SCC 1

About the job

Location : Mumbai

  • Work will involve Research, Drafting and Vetting of Legal Documents
  • Should be proficient in meeting deadlines.
  • Will be responsible for daily follow-ups on the Legal Affairs of the Group Company.
  • The Candidate should possess the ability to study / collate information at a short notice and provide a strategy and execution plan.
  • Should be good in following up and seeking / providing updates.
  • Should be an LLB with a minimum of 3+ years Experience.
  • LLM would be an added advantage.
  • Should have an Analytic Mind and be methodical in their approach

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What is the Change-Makers in Education (CMIE) Fellowship and Internship program?

These programs are for young leaders who believe in a high-quality public education system being the foundation of any great nation.

These programs give an ideal start for those who wish to build a career in the education sector as they are designed to offer an immersive experience in Delhi’s progressive government school system.

Potential Streams of Engagement

  1. Delhi Model Virtual School
  2. Curriculum Reforms
  3. Delhi Sports University
  4. MIS and Online Training
  5. Schools of Specialized Excellence
  6. Capacity building of teachers

Duration

  1. Fellowship: 1 year (extendable by 1 year)
  2. Internship: 6 months (extendable by 6 months)

Eligibility

Fellowship Program

  1. Post-Graduate, OR Graduate with a minimum of 2 years of work-experience
  2. Age criteria (as on 20 August 2021)
    1. General: 22-35 years
    2. SC/ST/OBC: 22-37 years

Internship Program

  • Graduated within the last two academic years i.e. batch of 2019
    • Age criteria (as on 20 August 2021)
    • Less than 25 years

Stipend

  1. Fellows : Rs. 60,000/- per month
  2. Interns : Rs. 20,000/- per month

How to Apply?

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Last date for application is 20th August 11:59 pm

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About Vivriti Asset Management (VAM)

The AMC manages privately raised funds through the AIF route. launched to help corporate

treasuries, family offices & UHNIs benefit from our underwriting capabilities listed above, with the

added benefit of diversification. We have the largest credit team in India with ~30 CA / CFA

Rating agency / Big Four audit co alma maters evaluating deals threadbare and continuously

monitoring investee company credits. VAM is currently raising a 500 cr (250 + 250 green shoe) Cat 2 AIF which has many firsts to its credit incl being the first AIF to come with a Crisil AA+ (SO) and a

20% first loss protection to investors. Near term plans include launching multiple schemes both under Cat 2 &

Key Responsibilities

Should have prior experience under legal team of fund management company and alternative investment funds or working as a part of a law firm with its asset management/funds practice.
Drafting of PPM, Contribution Agreement, Trust Deed, Investment Management Agreement etc. for registering an AIF.
Negotiating with the contributors on legal aspect and draft the contribution agreement and other related documents.
Drafting and negotiation with the Issuer on the transaction documents related to investment by the alternative investment funds.
Maintenance of legal agreements with respect to investment in AIF and further investment by AIF.
Drafting and negotiate other legal agreements such as Distribution Agreement, Engagement Letters etc.
Legal experience with respect to handling the requirement for receipt of investment in AIF through various jurisdiction such as USA, Europe, Middle Eastern countries etc.
Must be proficient in filings required under SEBI AIF Regulations, Companies Act, 2013, FEMA etc. and handling the website of SEBI Intermediary Portal, RBI, RBI-FIRMS Portal and the Ministry of Corporate Affairs etc.
Involved in drafting internal policies such as KYC AML Policy, ESG Policy, Insider Trading Policy etc.
Should keep abreast with the latest regulatory changes/ requirements and adhere to such requirements.

Required Skills

Be a qualified lawyer with 5-7 years of experience working in a law firm or with a legal department of fund management company and alternative investment fund sector.
Should be equipped to do research under SEBI AIF Regulations, Companies Act, FEMA, regulations related to investment in AIF through various sectors/industry, various jurisdictions and preferably experienced in dealing with foreign law firms in relation to the same.
Should be dynamic and a team-player at the same time should be able to handle independently the given tasks.
Possess good oral, written communication and interaction skills.
Be ambitious and passionate as we are and ability to work effectively under pressure.

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INTRODUCTION

The Chief Minister’s Urban Leaders Fellowship (CMULF) programme provides a unique opportunity to young leaders across India to work within the Delhi government to address some of the most pressing urban challenges in India, and experience what ‘making change happen’ looks like. 

The Fellowship aims to attract outstanding young Indians from across the country under the age of 35 years who are passionate about public service and are willing to work for two years with Delhi Government.

The Fellowship programme is being managed by the Administrative Reforms Department, Government of NCT of Delhi in close collaboration with the Dialogue & Development Commission (DDC), and participating line departments of the Government of NCT of Delhi.

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JOB LOCATION

IND, Bangalore, KA

JOB POSTING TITLE

IP Professional

THE CHALLENGE

Analyse patents / non-patent literature pertaining to major home appliances across the globe and identify the opportunities/risks for GE Appliances a Haier company and Group Companies.

WHAT YOU WILL DO

  1. Work in well-coordination with a team of attorneys and technologists.
  2. Assess competitive position, perform clearance (FTO) analysis for new product introductions and provide relevant conclusions and recommendations to technologists, technology management and legal personnel located across the globe.
  3. Support creating and managing strategic and tactical IP assets for the Appliances business
  4. Support develop patent and technology landscapes, identify “white spaces”, technology roadmaps Non- patent literature search to conduct technology landscape
  5. Support Haier businesses across globe to enhance patent claims, patent interpretation, portfolio enhancements
  6. Portfolio assessments and legal tracking
  7. Support validity and invalidity search as needed

WHAT YOU NEED TO SUCCEED

  1. Overall experience of 4–8 years within IP searching and analysis using Derwent Innovation and open literature.
  2. Must have individual hands on experience of conducting 25+ FTO searches (Not co-ordination or as a Team) in multiple jurisdictions and good hands on with Novelty searches (50+) and landscapes
  3. Must have strong FTO exposure in at least 2 of the below areas including
  4. IOT/Connected: Technology, parts, subsystems, algorithms, software
  5. Mechanical: subsystems, mechanism, structure
  6. Hydraulics, suspensions, dampers, balancing system, pumps
  7. Electrical/electronic: Controls, UI, different motors, compressors, components and circuits, diagnostics, sensors
  8. Experience in product domain & knowledge in industry close to Appliances will be an added advantage. Having experience in Design searches will be an advantage too.
  1. Overall experience of 4–8 years within IP searching and analysis using Derwent Innovation and open literature.
  2. Must have individual hands on experience of conducting 25+ FTO searches (Not co-ordination or as a Team) in multiple jurisdictions and good hands on with Novelty searches (50+) and landscapes
  3. Must have strong FTO exposure in at least 2 of the below areas including
  4. IOT/Connected: Technology, parts, subsystems, algorithms, software
  5. Mechanical: subsystems, mechanism, structure
  6. Hydraulics, suspensions, dampers, balancing system, pumps
  7. Electrical/electronic: Controls, UI, different motors, compressors, components and circuits, diagnostics, sensors
  8. Experience in product domain & knowledge in industry close to Appliances will be an added advantage. Having experience in Design searches will be an advantage too.
  1. Overall experience of 4–8 years within IP searching and analysis using Derwent Innovation and open literature.
  2. Must have individual hands on experience of conducting 25+ FTO searches (Not co-ordination or as a Team) in multiple jurisdictions and good hands on with Novelty searches (50+) and landscapes
  3. Must have strong FTO exposure in at least 2 of the below areas including
  4. IOT/Connected: Technology, parts, subsystems, algorithms, software
  5. Mechanical: subsystems, mechanism, structure
  6. Hydraulics, suspensions, dampers, balancing system, pumps
  7. Electrical/electronic: Controls, UI, different motors, compressors, components and circuits, diagnostics, sensors
  8. Experience in product domain & knowledge in industry close to Appliances will be an added advantage. Having experience in Design searches will be an advantage too.

GE Appliances is an Equal Opportunity Employer.  Employment decisions are made without regard to race, color, religion, national or ethnic origin, sex, sexual orientation, gender identity or expression, age, disability, protected veteran status or other characteristics protected by law.

Link to Apply

https://careers.geappliances.com/jobs/7184138-ip-professional?bid=370&tm_company=44906&tm_event=view&tm_job=REQ-9239

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