Tag: lawschool

About the Firm

Ma’at Advisors (pronounced Mayet ) is a multidisciplinary law firm, with a specific focus on fashion and cosmetic law and influencer marketing, with headquarter at Gurugram. Their practice areas also include but are not limited to contract drafting, civil litigation, trademark documentation, and litigation.

 About the Internship

Qualification: Final year of 5-year BA LLB/3 year LLB preferred. However 4th years of 5-year course and 2nd year of 3-year course would be considered as well.

Joining: Immediate

Deadline: 10 am, 16 July 2022

This will be a paid internship. The intern should be open to coming to the office a few times a week. WFH option is available. The stipend shall be notified to the selected candidate.

Skills and Experience

• Candidates should have prior IP Internships, especially in trademarks.
• The candidate should have good drafting skills.
• The candidate should be able to adhere to deadlines.

How to Apply?

Interested candidates can send their CVs and cover letter to maatadvisors@gmail.com.

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

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About the Firm

Sharma & Sharma, Advocates & Legal Consultants is a full-service law firm. It was established in 2006 with offices in Kolkata, New Delhi, Mumbai, Chandigarh & Bhubaneshwar having associate lawyers, chartered accountants, and company secretaries in most major cities of India.

About the Internship

1. Duration: The internship programme is offered for 1 – 3 months depending on the requirement and the interest of the applicant.
2. Qualifications: Law Students of 5 Year and 3 Year Law Courses at any reputed Law college can apply.
3. Location: K-30, Jangpura Extn. Second Floor, G2, Chambers, New Delhi – 110014

Skills and Experience

• Candidates from 2nd year onwards in a 3-year course and 3rd year onwards in a 5-year course are eligible.
• Self-motivated and enthusiastic about imbibing knowledge from the varied experience that they would be exposed to.
• Fluent in written and spoken English.
• Professional and Punctual in their approach to the office environment.
• Candidates having an interest in commercial litigation and who have participated in reputed Moot Court Competitions would be given preference.

How to Apply?

Interested candidates can send their updated Curriculum Vitae with a Cover Letter to contact@sharmaandsharmalegal.com.

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

For regular updates, we can catchup at-

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INTRODUCTION

One of the most rewarding aspects of media outlets is reflected in video games. Every year, consumers spend over $25 billion to enjoy the interactions that teams of writers, organizers, and programmers have. With so much in doubt, it makes sense for the companies that create these video games to want to provide the best legal protection for their products. Copyright laws give video game developers the judicious right to reproduce, market, and turn off products based on their game’s code, characters, images, and exchange. Understanding the material legal structure is necessary given the ongoing, dynamic growth of the video game industry and the growing revenue it generates, which is now equal to the size of the film industry and outpacing the music industry in terms of overall revenue.

This article focuses on examining the relevant national legislation in order to provide video game engineers with information on the main current legitimate openings for the security of their rights and interests during the creation of a video game and its subsequent use and distribution. The video game market is worth many billions of dollars. As of 2018, the global gaming market was worth $137.9 billion, with roughly half of all revenues coming from mobile devices. It’s also important to note that after India’s national lockdown began, the founder of Ludo King reported a jump in active users from 13 million to 50 million. But as video games grow in popularity, there is also an increase in issues with infringement in this industry, and there are many different aspects of copyright that need to be taken into account in this regard.

They consist of songs, scripts for movies, stories, videos, artwork, and characters. Video games are therefore not made as single, straightforward works but rather as a collection of various elements, each of which can be copyrighted provided it reaches a certain level of originality and inventiveness (e.g., the characters in a video game, its soundtrack, settings, audio-visual parts, etc.). A video game’s main features, such as its plot, characters, audio-visuals, graphics, and some of the code, may be protected under various categories of “works” as defined by section 14 of the Copyright Act of 1957. Since the numerous categories of works protected by copyright are outlined in Article 2 of the Berne Convention for the Protection of Literary and Artistic Works, video games may also be covered by this provision.

BACKGROUND OF PUBG VS. FORTNITE CASE

The makers of Player Unknown’s Battlegrounds (“PUBG”), Bluehole, sued Epic Games, the developer of Fortnite, in South Korea at the start of 2018 for copyright infringement. Because some elements of the new Fortnite resembled those of PUBG, Bluehole claimed that Epic Games was responsible for copyright infringement. It was asserted that without contributing anything new to the genre, Fortnite simply duplicates the gameplay of PUBG. The genre in question is battle royale, a game mode based on a Japanese movie of the same name, in which a group of teenagers is coerced into a deathmatch by the government. Midway through the year, Bluehole abandoned its lawsuit against Epic Games. On the other hand, the dispute between PUBG and Fortnite brought up a crucial issue: can a genre be copyrighted?

COPYRIGHT CONTENTS IN A GAME

A video game is made up of a variety of elements that combine to create the experience we as players have. All of the elements are contained in the software coding that creates a game’s user interface. Although copyright is already granted for software coding, other works created for video games, such as character designs, storylines, and scripts, may also be protected by copyright. No theme or concept depicted in a game can be copyrighted, as this is the general rule of copyright, which states that only its expression in literary, artistic, or musical form can invoke copyright protection. However, contents that are part of the video game are copyrightable. This is crucial to comprehend because, while a soldier character from a game based on World War I could be copyrighted, neither another soldier character from a game nor a game based on World War II could be restricted.

CASE LAWS

The Supreme Court of India ruled in the case of RG Anand v. Deluxe Films¹ that the film could not be held to have violated the screenplay of the play. The justification offered was that although the concepts behind the script and the movie were the same, how they were expressed was very different. Therefore, it cannot be regarded as a copyright infraction. In the case of Mansoob Haider v. Yashraj Films², the Bombay High Court reiterated that ideas are not protected by copyright. The similarity of ideas does not indicate a copyright violation because after removing differences, the remaining idea is not protected by the law.

The landmark American case Baker v. Selden³ established the idea-expression divide. Selden asserted ownership of the copyright for the fundamental accounting method he created and used in the book. Selden wanted copyright for his ideas, but he never asked for it for the first sentence of the book. The Supreme Court ruled that copyright can only be granted to the expressions and not the underlying theory, and that it cannot be extended to the “ideas” and “art” used in the book.

GENERAL RULE OF COPYRIGHT PROTECTION

It should be noted that gameplay refers to the combination of game mechanics, rules, objectives, impediments, rewards, and punishments used in a particular video game and made visible through the various media shows produced when the player interacts with the game. It becomes essential to find a reasonable balance between the right of initiation and the continued advancement of masterpieces by granting reasonable copyright protection against encroachments from gameplay. An idea, theme, or concept depicted in a game cannot be protected by copyright, but the contents that are included in the video game can.

The idea versus expression doctrine states that only the literary, artistic, or musical expression of an idea, theme, or concept may be protected by copyright. The genre of a video game is an idea, not an expression, and copyright only safeguards the original manifestation of an idea—not the idea itself. We would be restricted to a small number of first-person shooters, role-playing games, racing games, and so forth if genres could be copyrighted, which would be restrictive for both developers and players. By granting a monopoly to the copyright holder, asserting copyright over ideas will further disrupt the market’s flow because only a small number of people will have total control.

ANALYSIS OF PUBG v FORTNITE

Returning to the PUBG vs. Fortnite debate, the only criticism levelled at Fortnite was that it was created by Epic Games as a Battle Royale game. The concept of the Battle Royale genre is not new. In reality, it is based on the renowned Japanese movie “Battle Royale,” in which a despotic government imprisons a large number of high school students on an island, arms them, and orders them to kill one another until there is only one left. Even though PUBG’s developers may have released their battle royale video game before Epic, they cannot stop Epic or anyone else from developing their own interpretation of the idea, provided that there aren’t too many similarities to clone PUBG’s distinctive expression. The reason why Epic’s take on the genre differs so much from Bluehole’s is because of the company’s unique perspective on it.

The video games Fortnite and PUBG are very dissimilar. Both games have distinctive visual styles. Based on screenshots from PUBG, it might be challenging to tell it apart from other gritty, realistic shooting games because of its appearance. The colors in the game are typically earthy tones, the weapons look almost exactly like their real-life counterparts, and the clothing you can find by looting buildings is roughly what you’d expect to find in a hastily abandoned home. The realistic, battle-worn appearance is ideal because the game is meant to be intense. On the other hand, Fortnite has a very stylized appearance that embraces its computer-generated nature rather than trying to hide it.

In Epic Games in-house, you’ll find dozens of employees working on everything from the cross-platform functionality to the massive amount of artwork needed to make it all look as good as it does. The design is entirely cartoon-like, the colors are outrageously vivid, and the weaponry is absurdly overdone. While PUBG is an open battleground with 100 players hosted at once on a single server, with players collecting weapons, medical aid, driving cars, and in-game bombings with game restrictions, Fortnite includes a building mechanic with resource collection to build forts, bridges, and other structures to protect the player from bullets. These gameplay differences set apart both games and do not, therefore, violate the copyright of the PUBG developers.

CONCLUSION

Copyright infringement can occur if the overall idea of the game is expressed in too many similar ways, especially if there are other ways to express the same idea. Most creators are able to minimize their copying of a specific genre’s concepts and rules while also adding their own innovative expressive features. In other words, you could be copying the gameplay and idea, but you wouldn’t be liable for copyright infringement because it would be considered your expression of that genre, as you are replicating other games within the same genre but adding your twist on it, such as adding artistic graphic elements and creating unique characters that set the game apart.

CITATIONS

1. AIR 1978 SC 1613.

2. 2014 (59) PTC 292.

3. 101 U.S. 99 (1879).

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

INTRODUCTION

Gender inequality in India evinces itself in a diversities of ways, but the most prevalent is in the area of legitimate property rights. Numerous laws have been eventuated to abolish women’s economic beliefs and furnished their high status and equality. In addition, the Constitution of India establishes equality, invigorating women’s property rights and ingress to economic resources. Despite all of this, the affairs of women remain consistent due to a lack of education and knowledge, and non-compliance with the rights of women’s law. Due to family norms, societal humiliation, and related prospects, even women themselves are not so much interested in executing their rights. The empowerment of Indian Women by Dr. Babasaheb Ambedkar invariably convinced movements headed by women.

He persisted that every married woman must participate in her husband’s activities as a friend. But she ought to show the audacity to contradict the life of slaves. She should hold on to the rules of equality. If every woman sticks to it, she will acquire genuine respect and recognition. He said, “We shall have good days ahead and our progression will be greatly hastened if male learning is persuaded side by side with female learning ”. He initiated a strong gesture against the Hindu social order and introduced a journal Mook Nayak in 1920 and Bahiskrit Bharat in 1927. He laid due emphasis on gender equality and the demand for education. In January 1928, a women’s organization was established in Bombay with Ramabai, Ambedkar’s wife (president). The emboldened Dr. Ambedkar empowered women to express themselves, it was glimpsed when Radhabai Vadale addressed a press conference in 1931.

MARRIAGE AND DIVORCE LAW

According to Vedas, a Hindu marriage is an imperishable alliance till eternity. It is known as a fusion of “flesh with flesh, skin with skin and bones with bones, the husband and wife grace as if they were a single person. The Hindu Marriage Act, of 1955 has eliminated these imbalances to a large stretch. It has created monogamy the principle for both men and women. A woman can break down her marriage and easily enter into another marriage as per to law. The Hindu Marriage Act, of 1955 has specified the causes for divorce. The Hindu Marriage Act, 1955 Section 5 lays down the circumstances for marriage. It opines that both parties to the marriage should have the position to obtain consent to the marriage.

The Hindu marriage is a sacrament; sacred and eternal. It is perpetual and pursues life cause she can’t have a second husband even after his demise. Husband and wife become individual as she cannot have any originality of her own. But the husband could set his foot into the sacramental crimp of marriage many numbers of times because polygamy was not banned under Hindu law before the enforcement of the Hindu Marriage Act, 1955. However, the views regarding the nature of Hindu marriage are evolving.

LAW OF ADOPTION

The law of adoption in the ancient Hindu tradition is different from one creed to another. The Hindu Adoption and Maintenance Act, of 1956 established uniformity in the principle of adoption among Hindus. A Hindu woman was empowered to adopt a child only under exquisite circumstances under the Shastric Hindu Law. The women’s rights to adopt a child were restricted. Through the Hindu Adoption and Maintenance Act, 1956 the authorization of a woman to adopt a child is granted, but bigotry against women continues. A married man can adopt but a married woman can’t during the maintenance of the marriage under the Hindu Adoption and Maintenance Act, 1956. Now, this inequality has been removed by the Personal Laws Amendment Act, 2010.

PROPERTY RIGHTS

To eliminate all these conflicts and to secure women as equal to men, the then government sanctioned the Hindu Succession Act in 1956. The Act passed in 1956 was the fundamental law to provide an absolute and uniform structure of inheritance for Hindus and to label gender inequalities in the patch of inheritance. Therefore, it was a procedure of codification as well as an amendment at the same time. The Hindu Succession Act was the initial act of property privileges and rights among Hindus after independence. The Hindu Succession Act, 1956 was sanctioned to codify creeds statute relating to deliberate succession among Hindus.

This appeals to both Mitakshara and Dayabhaga creeds. Preserving the Mitakshara inheritance without women being involved in it indicated that women could not bequest ancestral property rights as men do. If a joint family diverged, each male beneficiary takes his share, and the women acquire nothing. The Hindu Succession (Amendment) Act, 2005, enveloped inequalities on different appearances: parental dwelling house; agricultural land; Mitakshara joint family property; and certain widows. From history to the present, there is an extreme change in the lifestyle of women, now women with their domiciliary work also play a part in the earning of their family and the economy of the nation. She absences nowhere at the back of the man. Women must never be contemplated the delicate part of society as their household tasks are more difficult than the office work of the man.

WHY DO RULES FOR WOMEN’S SUCCESSION NEED TO CHANGE?

The law approves heirs of the father or husband to inherit properties of women who die unheard, but properties of men who die unheard don’t delegate to a woman’s heirs. A three-judge Supreme Court bench headed by Justice DY Chandrachud is trialing a petition testing the provisos of the Hindu Succession Act, 1956, specifically sections 15 and 16 relating to female succession. The appeal challenges the constitutionality of the provisos for being “overly discriminatory and infringing the procedure of the Constitution”. Although the lawsuit was filed four years ago in 2018, an amendment bill recommending changes retrieving the same had been already found in Parliament in 2015, but there was no conversation on it, leading to the sequential lapse of the bill.

The Hindu Succession Act gives the principles for the property succession of a Hindu woman who dies unheard. It comes up with a hierarchy heeding to which the property is to delegate.

1. Prakash v. Phulvati¹ – In this case, a two-judge bench headed by Justice A. K. Goel held that the interests of the 2005 amendment could be permitted only to living daughters of living inheritors as of September 9, 2005 (The date when the amendment came into power). The Apex Court had held that Section 6 was prospective in nature and would apply only if the coparcener and daughter were both alive as on 9 September 2005.

2. Danamma v. Amar² – In this case, the honorable Supreme Court of India stated that if the father is a coparcener who demised before 9 September 2005 and a prior suit has been unsettled for partition by a male coparcener, then the female coparceners are sanctioned to a share. The court remarked that the provisions of section 6 (Amendment Act) are functioning in a retrospective manner and they transform absolute rights upon the daughter to be inheritor since birth. This judgment was in contrast to the judgment given in the Phulavati case.

3. Vineeta Sharma v Rakesh Sharma³, the court held that a daughter coheir would have equal coparcenary rights in Hindu undivided family properties or equal privileges to the family property by birth regardless of whether the father coparcener demised before or after 9 September 2005 (The day Parliament acknowledged this right by amending the Hindu Succession Act of 1956). The Supreme Court of India held that Section 6 shall be seen retroactively. Describing the theory of retroactive application of the amendment act, 2005, the court held that the said Act permits women to have the benefits of succession based on their birth.

CONCLUSION

However, despite all the rebellious conditions of the Hindu Succession Act of 1956, Hindu women in the Indian community pursue to be underprivileged property rights in general. It was only a slice of legislation. Even though the Act established insurgent changes, it has been predominantly ignored by family members in fact since the conditions are incompatible with habitual Hindu social essence. There because of a limpid contrast between the law as it is and the law as it is bid. It is frequently tarnished by incidences of unabashed prejudice. All of these are laudable measures in theory, but the challenge leans not in acknowledging women’s property rights but in implementing them.

---

CITATIONS

¹ (2016) 2 SCC 36.

² (2018) 3 SCC 343.

³ (2020) 9 SCC 1.

The article is written by Ashmita Dhumas, who has completed her BA LLB from Agra College and is doing a diploma in Corporate Law from Enhelion.

INTRODUCTION

Terrorism is not an unknown concept to society and it has always been there. Even in the 1^st century, the Zealots of Judea were the first ones that came into the limelight as an example of ‘Terrorism’ to society of mankind, from there it grew in the form of assassins. Even after so many years, it is still associated with ‘Terrorism’ and remembered well. Terrorism has become a threat to the national security of countries. Terrorism works against the principle of humanity which may harm people around the world. To prevent terrorist attacks on any country one must pay attention to the security situation of any country and must work to improvise it. New laws must be made about anti-terrorism and the States must make amends with the changing world and with the need of the hour. 

TERRORISM

Terrorism is the use of violence or threat that violence may be used against civilians intentionally and indiscriminately. Terrorism is also used when the terrorist groups are unsatisfied with the doings of the ruling government. Civilians are an easy target for these groups, they may use the unhappiness of the general public to manipulate them against the ruling government. The term ‘TERRORISM’ found its origin in French Revolution in the 18^th century. But, came in limelight during the time of the Basque Conflict and Palestinian Conflict in the 1970s. The data recorded by the Global Terrorism Database shows that 61,000 terrorist events took place during the year 2004-2014.

Terrorism may vary from one country to another depending upon the political system of the concerned country. These are as follows—

Civil Disorder: An act that interferes with the peace, security, and democratic functioning of any country.  

Political Terrorism: This act is aimed at the inducement of fear as well as a political objective.

Non-Political Terrorism: The act is aimed at just inducement of fear in eyes of the general public and not for the political objective which may or may not is achieved.   

Anonymous Terrorism: If an act of terrorism is committed then either the perpetrators or the government may put a tag that a certain terrorist group committed the act but, in reality, no one knows the actual sinner.

Quasi Terrorism: Terrorist activities are intended to create fear in the mind of general public; in quasi-terrorism, the act was done with the methods and techniques of actual terrorism but its aim isn’t to induce fear among the general public.    

Limited Political Terrorism: Government may deceive the general public by going for the ideological approach whereas, in reality, the only intention was to control the state.

State Terrorism: Government rule which is laid down with the fear and oppression of the general public, qualifies as an act of terrorism.

INTERNATIONAL LAWS

The laws to combat terrorism have been introduced since 1937, with the attack of 2001 on the twin towers in the U.S. It pushed the government to make more stringent laws with regard to anti-terrorism resultantly, we see the passing of U.S.A PATRIOT Act in 2001 with the objective of punishing the terrorist attackers in U.S.A. and anywhere in the world. U.K implemented the Act of Prevention of Terrorism in 1974, the Anti-Terrorism and Security Act of 2001 for preventing terrorist activities.     

Code of Conduct Towards Achieving a World Free of Terrorism was adopted in the year 2018 when the 73^rd session of the United Nations General Assembly was introduced by the then Kazakhstan President namely, Nursultan Nazarbayev, aimed at laying down commitments by countries around the world and collective working of countries against the terrorism and same was signed by around 70 countries.

INDIAN TERRORISM

In India, terrorism is a major threat to the community of people. Here, these groups are in the names of Islam Terror, Separatist Terror, and Left-Wing terror. With the number of states, we have different forms of labeled terrorism, Kashmir-Islam, Punjab-Separatists, Assam-Secessionist, and in the east we have Naxalism. In the year, 2017 there were about 900 terrorist incidents that led to the death of 465 people. Indian Terrorism mainly consists of—

Ethnicity: Aimed at creating a separate state within India based on ethnicity and Emphasis on opinions of one ethnic origin over the other;

Religious: Terror act done by people of a specific religious community may lead other religious community to target the community that planned the attack and generates hatred among two different religious community;

Left-Wing: This is related to economic exploitation and to deal with it they may use unnecessary violence;

Narcoterrorism: Creation of Narcotics Traffic Zones illegally.

It was reported that over 180 terrorist groups have been operating in India for the last 20 years and more than half of them are terrorist networks that flow through the South Asian continent.

RECENT INCIDENTS OF TERRORISM IN INDIA

High Court Bombing 2011

The morning of 7 September 2011 claimed 15 lives injuring about 75 people during the blast. The responsibility was accepted by Harkat-ul-Jihad-al-Islami, they demanded that convicted accused Mohammed Afzal Guru responsible for Parliamentary Attack in Delhi should not be hanged as decided in trial by Supreme Court. Later another group called IM took the responsibility for the attack. Eventually, Wasim Akram Malik, Junaid Akram Malik, Amir Abbas Dev, Shakir Hussain Seikh, and Amir Kamal were arrested, questioned, and held responsible for the attack, and the charge of waging a war against the nation was framed.  

Dantewada Attack 2019

In the year 2019 according to a report compiled by South Asia Terrorism Portal, this was the 39th incident based on Maoist Insurgency that took place in India. During the attack 41 insurgents, 19 civilians, and 7 security personnel lost their lives. Major Maoist attacks have been taking place since the NDA government came into power and it’s a serious issue that needs to be looked into by the central government.  

Sukma – Bijapur Attack 2021

It was a planned attack by Naxalite Maoist Insurgents related to the Communist Party of India (Maoist) against the security forces of India on April 3 in 2021, killing 9 Naxalites and 22 Security Personnel, injuring 30 people. The attack was launched from Sukma and Bijapur districts targeting South Bastar forests. The central government stated that a befitting reply would be given to terrorists at an appropriate time.

INDIA COMBATING TERRORISM

Unlawful Activities (Prevention) Act, 1967 was created to answer the questions of the territorial integrity of India. The act was mainly for declaring secessionist organizations as illegal under the purview of the central government.   

With the attack on the Indian Parliament and Mumbai attacks, the Indian government formed a new agency called National Investigation Agency with the authority to deal with activities related to terror without any permission from states. The powers of states must not be affected by any provision of this law. Unlawful Activities (Prevention) Act (Amendment), 2008 aimed at changing procedure to allow the NIA to act effectively on any act of terrorism. With this amendment, the period of police custody increased to 30 days and a charge sheet can be filed within 180 days if reasonable reasons are given. Code of Criminal Procedure, 1973 amended from time to time with the changing times and does not solely depend on the terrorist attacks but also on the sufferings of victims.

Terrorism and Disruptive Activities, 1985 (TADA) was passed after the assassination of Indira Gandhi, former Prime Minister of India granting more powers to the government to deal with acts of terrorism. India witnessed major terrorist acts after repealing of TADA including hijacking flights in 1999 and an attack on the Indian Parliament in 2001. With these going on, the need for a stringent law was felt and eventually Prevention of Terrorist Activities Act, 2002 was passed with the objective of strengthening anti-terrorism operations within India.

Unlawful Activities (Prevention) Amendment Act, 2019 expands its power by allowing an individual to be declared a terrorist without trial if enough evidence is there. The investigation done by any officer of the National Investigation Agency requires prior approval of the Director General of NIA to seize any property that might be connected with terrorism. NIA officers may undertake the investigation in such cases. However, this amendment was criticized worldwide due to its failure to follow the process as mentioned in the law and violated many human rights mentioned in the Universal Declaration of Human Rights. It was deemed that allowing provisions that make one a terrorist without trial itself shows the lawlessness of laws that are made to protect people.   

CONCLUSION

Many people around the world question the reasonability of law. These people must take note of the people who are concerned with the said law. Law framers while making the laws must ensure that no one should suffer due to the laws being favorable for one while not for others. Here, Human Rights Lawyers keep on claiming that the human rights of terrorists must not be denied, but what about those who are still suffering and will continue to suffer in the future due to the loss of their loved ones, who would be there to stand by their side to give them encouragement to fight and live with the harsh reality of the world. ‘Everything comes with a price when one commits the crime of killing another human being and they must pay for their sins but as per following due process of law.

This article is written by Simran Gulia, pursuing BA LLB from Maharaja Agrasen Institute of Management Studies.

AGISS Research Institute, Faridabad is inviting registrations from eligible candidates for the Azadi Ka Amrit Mahotsav (AKAM) Photography Competition 2022.

ABOUT

AGISS Research Institute is organizing a Photography Competition alongwith (ACCI) Aviation Chamber of Commerce and Industries under Azadi Ka Amrit Mahotsav initiative of the Government of India on 19th August on occasion of World Photography Day.

THEME

There are 24 themes and those themes depicted the 24 lines of Dharma Chakra of National flag of India. The chakra intends to show that there is life in movement and death in stagnation. The themes are:

• Agriculture
• India@75 (Theme Azaadi Ka Amrit Mahotsav)
• Civil Society And Human Rights
• Crime And Violence
• Defense And Security
• Development And Poverty
• Economy And Finance
• Education
• Environment And Nature
• Future
• Healthcare
• Housing
• Information Technology
• International Relations
• Law
• Litrature And Culture
• Media
• Politics And Governance
• Power & Energy
• Science & Technology
• Social Justice
• Sports
• Trade & Commerce
• Transport

WHO CAN PARTICIPATE

Any individual interested in the field of photography from any field can register.

HOW TO REGISTER

Interested participants can register for the competition through this link.

REGISTRATION FEE

• Pre-registration (before 31st July 2022): Rs. 500
• Post-registration (after 31st July 2022 till 7th August 2022): Rs. 700

PRIZES

1. 1st Prize – Rs. 10,000 + Certificate of Merit + Award.
2. 2nd Prize – Rs. 7,000 + Certificate of Merit + Award.
3. 3rd Prize – Rs. 5,000 + Certificate of Merit + Award.
4. Best Pic Prize – 24 People shall be awarded best pic award in those 24 categories mentioned above, which shall carry a cash prize of Rs. 1,000/- + Certificate of Merit + Award (Gold Category).
5. Silver Category Award for 2nd best pic in the abovementioned 24 categories + Rs 500 Cash Prize + Certificate of Merit.
6. Bronze Category Award for 3rd best pic in the abovementioned 24 categories + Certificate of Merit.
7. Certificate of Participation to All.

SUBMISSION GUIDELINES

You have to send a maximum of 24 self-clicked photographs related to the above shared themes.

Once you send your photographs, we will consider that you also transfer your copyright and from that moment AGISS Research Institute can use the photographs on any platform, in any form and for any purpose.

Once you complete your registration process (after paying registration fees and filling the registration form) then you will get a confirmation mail which contains details about the submission of photographs.

IMPORTANT DATES

1. Last Date to Register: 31st July 2022
2. Last date of Submission of Photos: 31st July 2022
3. Last date for post registration: 7th August 2022
4. Last date for submission of photos for post registration candidates: 7th August 2022
5. Declaration of Result: 13th August 2022

CONTACT DETAILS

+91 97176 53257

events.agiss@gmail.com

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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INTRODUCTION

Recently in May 2022, the Supreme Court decided to put a stay on the proceedings of sedition until the center reviews the age-old sedition law which includes treason. Treason is considered to be one of the gravest crimes ever committed. According to the Black’s law dictionary, “Treason is an offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance; or of betraying the state into the hands of a foreign power.”

In general, the term treason can be defined as an act done against the government to overthrow it. For instance, when a militant or a diplomat of a nation carries information about his own nation to the enemy country, the act can be called Treason. The person who commits the act is known as a traitor. Treason is considered to be one of the gravest crimes and the UN also agrees with that. India covers the punishment for the offence ‘Treason’ under section 124 A of the Indian Penal Code. Though the terms sedition and treason are a bit different from each other, treason is included.

DIFFERENCE BETWEEN TREASON & SEDITION

The term Sedition is the offence performed against the status quo. It is considered to be a challenge against the government or an establishment. The act threatens the government or individuals in power and treason is an act that threatens the whole nation. Treason can be said a violation of one’s allegiance to one’s sovereign. However, the difference between the meanings of treason and sedition has blurred and now sedition also includes an act of terrorism and violation of public safety. The act of treason also comes under sedition laws.

TREASON LAW IN INDIA

Treason is codified under section 124A of Indian Penal Code, 1860. According to the section, Sedition is defined as “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with [imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

The sedition law was firstly included by Lord McCaulay in the Indian Penal Code during the British era to stop the protests and revolts against the governance of the Crown and to punish the people or the officers betraying the government or the nation. The leaders like Gandhiji, Maulana Azad, Mohammed Ali and Shaukat, etc., were penalized for revolting against the British government to gain freedom for India.

One of the most notable trials was Queen Empress v. Bal Gangadhar Tilak¹. Bal Gangadhar Tilak was arrested for writing articles in Kesari, a Marathi newspaper. He mentioned the bombings by the British officials and the unbearable violence caused by them. He further stated that this is the main reason behind the demand for Swaraj. Despite his logical and valid arguments, he was convicted and was sentenced a 6-year imprisonment and was fined Rs. 1000.

After the independence, the Constituent Assembly debated a lot regarding the inclusion of sedition. Sedition is an obstruction to the freedom of speech and expression which is guaranteed by the Constitution. However, many of the members have vehemently disagreed about it. During Indira Gandhi’s governance, sedition had become a cognizable offence in 1973 and it was decided that the police can arrest without a warrant in this offence.

It was stated by Supreme Court in Romesh Thapar v. State of Madras², “Criticizing the government that arouses disaffection or bad feelings toward it, is not to be regarded as a justifying ground for restricting the freedom of expression and the press, unless it is such that it undermines the security of or tends to overthrow the state.” Justice Patanjali Shastri justified the liberal interpretation of the legislation by pointing out that the Constituent Assembly had left the word “sedition” out of the Constitution.

THE RELEVANCE OF THE TREASON LAW CURRENTLY

As aforementioned along with the cases cited above, the treason law i.e., Section 124A has been included by the British to suppress the protests against them. There have been many instances where section 124 A was used as a defense mechanism by the ruling government in India against the people who have spoken against them. The section is being used by the government to intimidate the journalists, activists, etc., to speak out their opinions.

Ram Nandan v. State of Uttar Pradesh³ was the initial case to address the constitutionality of Section 124A. The Allahabad High Court ruled that Section 124A of the IPC was extra vires in nature and infringed upon Article 19(1)(a). In Kedar Nath Singh v. State of Bihar⁴ (1962), the constitutionality of Section 124-A was further contested before a Supreme Court Constitution Bench, with the main contention being that it violated Article 19(1)(a) of the Indian Constitution. The Allahabad High Court’s verdict was overturned by the Supreme Court, which stated that no crime of sedition is proved under Section 124-A until the statements, whether spoken or written, have the power to alter or disturb public order by the use of violence. Unless the remarks are likely to incite violence, there is no offense.

In the recent National Crime Records Bureau (NRCB), the number of sedition cases from 2015 to 2020 is 356 and the number of people arrested under sedition are 548. Out of the registered cases, only 6 were convicted. The data regarding the sedition cases filed reports were collected and presented by NCRB since the formation of Narendra Modi’s government in 2014. When compared to the earlier stages of government, the cases of sedition which have been filed have reduced. It has also been observed that the ruling party has been misusing section 124A to its benefit.

The following are a few case laws:

In the case of Vinod Dua v. Union of India⁵, a First Information Report (FIR) was filed against a journalist named Vinod Dua for presenting the communal riots in Delhi on his YouTube channel. It was stated in the FIR that Prime Minister Narendra Modi had used terror incidents to obtain votes and also depicted the PPE kit unavailability during COVID-19 and also regarding the shipment of ventilators and sanitizers. Mr. Vinod Dua was arrested for causing public dissatisfaction and panic among the individuals who were supposed to be on lockdown due to the increasing number of cases under sections 124A and 505 of IPC.

The Supreme Court stated that the news that Mr. Vinod Dua has put forth had odd allegations charged against him. The court stated that it was Mr. Vinod’s job as a journalist to state the facts even regarding the migrants’ issues. The Hon’ble court further stated that the citizens have the right to criticize the actions of the government and the officials as long as their criticism doesn’t disturb the law and order in the nation. Hence, the allegations against him were levied.

Further, in the case of Rajat Sharma v. Union of India⁶, Farooq Abdullah in an interview by The Wire stated “whatever they are doing at LAC in Ladakh is all because of the abrogation of Article 370, which they never acknowledged, I am hopeful that Article 370 would be reinstated in J&K with their help”. He further talked about the restoration of Article 370 with China’s support. It was also stated by him that Indians do not want to be in India anymore and they would rather be dominated by the Chinese. 

The petitioners filed a case against Farooq Abdullah stating that he had amounted to a seditious act under section 124A of IPC, 1860. It was claimed by the petitioners that Mr. Abdul Farooq had persuaded the citizens of Jammu and Kashmir to join China. The Supreme Court of India, with a three-judge bench, had imposed a fine of Rs.50,000 on petitioners for filing a PIL against the CM of J&K. The bench further stated that any opinion or statement which differs from the center cannot be called seditious.

In the most recent case Disha A. Ravi v. State (NCT Delhi)⁷, also known as the Toolkit case, the climate activist Disha Ravi and another were issued non-bailable warrants for the two individuals. They were accused of supporting the pro-Khalistan organizations and stated that the toolkit was to defame India for the three farm legislations. The High court of Delhi stated that Disha had engaged in a peaceful protest and in a democratic nation, citizens can’t be imprisoned just on basis of disagreement or divergence of opinion with the policies of the government. Further, it was stated that the right to speech can be exercised by the global audience.

CHALLENGES FACED BY THE CITIZENS

From the cases mentioned above, it can be inferred that there are many circumstances in which the ruling government is using Section 124A of IPC, 1860 as a weapon against people showing dissent. During the Citizenship Amendment Act enactment, there were many protests all over India against the bill from being passed by the Parliament. Around 3,872 people all over India in 26 cases relating to anti-CAA protests from 2017 to 2021.

Even in the case of Farm Bills, a huge number of farmers have come upon the streets protesting for their rights being violated due to the new farm laws which are yet to be formed. More than 100 Farmers were arrested under Sedition, section 124 A of IPC in Haryana. The first amendment of the Constitution of India has included the Fundamental right of freedom of speech and expression under Article 19(1)(A). India’s first Prime Minister, Jawaharlal Nehru has also stated that it was better to remove the sedition law as soon as possible from the Penal Code.

CONCLUSION

The Higher Courts of India have defined Sedition many times in numerous cases. With the increase in the number of cases during the subsequent years, the Supreme Court of India has decided to review and renew the colonial law. The sedition law in India is important to ensure peaceful governance in India. However, it disturbs the fundamental right to speech and expression where people are being charged for merely expressing their negative views and dissent towards the governmental policies.

India is a democratic nation and the curbing of the fundamental rights of the citizens is a violation of the Constitution itself. However, there is an exception for that too. The views of the individual or peaceful protest against the governmental policies can’t be amounted to sedition according to the Supreme Court. There is a dire need for the nation to stop the authorities in power to take advantage of section 124-A of IPC, 1860.

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REFERENCES

¹ Queen Empress v. Bal Gangadhar Tilak, (1917) 19 BOMLR 211.

² Romesh Thapar v. State of Madras, AIR 1950 SC 124.

³ Ram Nandan v. State of Uttar Pradesh, AIR 1959 All 101.

⁴ Kedar Nath Singh v. State of Bihar, 1962 AIR 955.

⁵ Vinod Dua v. Union of India, 2021.

⁶ Rajat Sharma v. Union of India, 2021 SCC OnLine SC 162.

⁷ Disha A. Ravi v. State (NCT Delhi), W.P. (C) 2297/2021.

This article is written by K. Mihira Chakravarthy, 1^st year, B.A. L.L.B. student of Damodaram Sanjivayya National Law University (DSNLU).

SUCCESSION LAWS

Succession essentially refers to the division of a dead person’s property. It refers to the sequence in which assets are transferred from one person to another, and also how much portion a specific member of the family receives upon the death of the individual. Corporate personalities with a continuous existence are excluded by succession rules in India. Succession, also known as Inheritance, is not just a stream of revenue for many people, but it is also a sign of familial lineage in Indian culture. Awareness of inheritance rules would be beneficial for all legal heirs in order to avoid any litigation squabbles, family disputes, or asset frauds.

WHO IS A LEGAL HEIR?

A legal heir is somebody who is supposed to receive property shares through a will or a Succession Act. As a result, a legal heir is an individual who, either by law or by will, claims his or her ancestor’s property. An inheritance is a piece of a deceased person’s estate given to an heir.

There are two primary methods for succession:

1. By Testamentary Succession, which occurs when the deceased leaves a testament naming specific successors to his property.

2. By Intestate Succession, when the deceased hasn’t left a will, the law ruling the dead (as per his religion) steps in and decides how his estate will be distributed.

When a person is dead without a will, he or she is said to have died intestate, and the assets are dispersed by a probate court.

In the present article, we are going to discuss the Succession laws that are applied amongst the Christians and the Parsis. Just like Hindu and Muslim religions, every other religion governs its property affairs with its own set of laws and rules. Hindu law is governed by Hindu Succession Act, 1956, and the Muslim religion is governed by Muslim Personal Law (Shariat) Application Act, 1937. Similarly, Christians and the Parsis are governed by the Indian Succession Act, of 1925.

CHRISTIAN LAWS OF SUCCESSION

The deceased’s religion determines who inherits his estate. The Indian Succession Act of 1925 essentially deals with the group of legal heirs who are eligible to inherit the deceased’s estate after his death. Considering domicile is a key criterion for defining succession laws affecting Christians in India, there is a wide range of rules of succession controlling Christians in India. For example, until January 1986, Christians in Kerala were controlled by two separate Acts: people domiciled in Cochin were managed by the Cochin Christian Succession Act, 1921, while those domiciled in Travancore were controlled by the Travancore Christian Succession Act, 1916. Both two Acts have already been repealed, and Christians who were previously regulated by these laws are now regulated by the general framework of succession under Indian Succession Act, 1925. However, in particular taluks, Protestant and Tamil Christians, for instance, are still ruled by their distinct rules. Christians in Goa and the Union Territories of Daman and Diu are regulated by the Portuguese Civil Code, 1867, whereas Christians in Pondicherry may be managed by the French Civil Code, 1804 (such Christians are known as “Renoncants”).

S. 2(d) of the Act defines an “Indian Christian” as follows: “Indian Christian” denotes a native of India who is, or alleges to be, of unmixed Asiatic heritage and practices any form of Christianity.

This was explained further in the case of Abraham v. Abraham, when the extent of this notion of an “Indian Christian” was defined in terms of its actual use. This decision established that a Hindu who converts to Christianity is no longer subject to Hindu law (customary or otherwise), and any ongoing obligatory force that Hindu law may have exercised over him is relinquished. Nonetheless, despite having converted from the old religion to the new one, he was given the option of allowing the old law to persist to affect him.

Sections 31 to 49 of the Indian Succession Act of 1925 govern this. As per Section 32, a Christian’s legal heirs are:

• Wife (Widow)
• Son
• Daughter
• Father
• Mother
• Brother
• Sister
• The direct bloodline (Such as son and his father, grandfather and great- grandfather)
• Under the third degree of kinship, if a person dies without leaving a will and only his great-grandfather, an uncle, and a nephew are remaining, no one will take equal shares with direct kindred.

The idea of kindred and consanguinity is introduced in Section 24 of the Act, which defines it as “the link or relationship of persons derived from the same source or same ancestry.” S. 25 defines ‘lineal consanguinity as a lineage in a direct relationship. This category includes relatives who are descended from each other or the same single origin.

S. 26 defines ‘collateral consanguinity’ as the situation in which two people are sprung from the same line or genetic basis but not in a straight line. It is worth noting that the rule for Christians makes no distinction between relationships via the father and those through the mother. If the intestate’s relations on both the father and mother sides are equitably linked, they are all qualified to succeed and will share equally. Furthermore, there is no differentiation between full-blood/half-blood/uterine relatives; and a posthumous kid is recognized as a child who was present when the intestate died, as long as the child was born alive and was in the womb so when the intestate died.

Christian law doesn’t quite acknowledge children born outside of marriage; it only recognizes legal marriages. Furthermore, polygamous marriages are not permitted. The Act’s Sections 33, 33-A, and 34 control transfer to the widow. They agree that if the dead has both a widow and lineal descendants, she will receive one-third of his wealth, while the remaining two-thirds will go to the remainder. If the widow remains surviving, the lineal descendants will receive two-thirds of the property; if she is not, they will receive the entire inheritance. Per capita (equal division of shares) is applicable if they are related to the deceased to the same degree. This is in accordance with Sections 36-40 of the Act.

Part VI of the Indian Succession Act of 1925 addresses testamentary succession. S. 59 states that any person mentally sound who is not a minor may part off his estate through a will. The interpretations of this Section substantially broaden the scope of testamentary disposal of an estate by saying unequivocally that married women, as well as deaf/dumb/blind people who are not consequently disabled to form a will, are all permitted to dispose of their asset by will. The method also requires mental clarity and abstinence from alcohol or disease that renders a person failing to comprehend what he is doing.

LAWS OF INHERITANCE FOR PARSIS

Sections 50 – 56 of the Indian Succession Act of 1925 deal with Parsi inheritance laws. There is no difference between the rights of the widow and widower, as it is in Christian inheritance law. The laws for Parsis are extremely ambiguous. A small group of Parsi Zoroastrians in India, whose religious objectives as well as their existence as citizens must be protected in order to ensure stability as citizens of India, and who, according to the Indian Constitution, resemble a specific culture. The Legislature’s stirring up of the issue of the Uniform Civil Code in India has caused alarm for these Parsi Zoroastrians, which will influence their succession rights. According to the Indian Succession Act, 1925, section 54, a Parsi person has the following legal heirs:

• Father
• Mother
• Full brother
• Full sister
• Paternal grandparents
• Maternal grandparents
• Children of maternal grandparents and their lineal descendants
• Children of paternal grandparents and their lineal descendants
• Parents of paternal grandparents
• Parents of maternal grandparents
• Children of paternal grandparents’ parents and their lineal descendants
• Children of maternal grandparents’ parents and their lineal descendants

A widow or widower of an intestate who marries again during the intestate’s lifetime receives no portion. The only exception to this rule would be the intestate’s mother and paternal grandmother, who would receive a portion even if they remarried during the intestate’s lifetime.

SUCCESSION PRINCIPLES COMMON FOR CHRISTIANS AND PARSIS      

• Illegitimate child’s rights: Christian and Parsi law do not recognize people who were born outside of marriage and only handle legal weddings (Raj Kumar Sharma vs. Rajinder Nath Diwan). Thus, the relationship referred to in various parts of the Succession Act about Christian and Parsi succession is the tie resulting from legitimate matrimony.
• The law does not distinguish between ties via the father and those through the mother for Christians and Parsis. In circumstances where both the father and mother sides are evenly linked to the heir, all those relations are entitled to succeed and will give equally. Additionally, there is no distinction between full-blood, half-blood, and uterine relationships; and a posthumous kid is considered the same as a child alive when the intestate died, provided the child was born alive, and was in the womb so when the intestate died.
• Testamentary Succession: Applicable to both Christians and Parsis.
• Wills and Codicils: Any individual of sound mind who is not a minor has the power to dispose of his estate by a Will. Thus, a married woman or other individuals who are deaf, dumb, or blind are not prohibited from making a Will if they are aware of what it accomplishes. As a result, the only people who are barred from making Wills are those who are in an unfit frame of consciousness due to intoxication, disease, or other factors.
•  Testamentary Guardian: A father has the power, by Will, to designate a guardian or guardian for his minor child.
•  Revocation of Will by Testator’s Marriage: All types of wills are canceled by marriage that occurs after the Will is made.
• Privileged and Unprivileged Wills: Unprivileged Wills are those that meet the necessary conditions outlined in Section 63 of the Succession Act, while Privileged Wills are those that are executed in accordance with Section 66 of the Succession Act.
•  Bequests to religious and charitable causes: Section 118 of the Succession Act (which applies to Christians and not Parsis) states that no man with a nephew or niece or any nearer relative shall have the power to pass down any property to religious or charitable purposes unless by a Will implemented not less than 12 months before his death, and stashed within six months from its implementation and operation in some place provided by law for the secure storage of the Wills of living peasants. The Supreme Court ruled that the aforementioned condition was unconstitutional, thus Christians and Parsis can give their possessions to philanthropy without being restricted by it.
• Probate-In the event of a Parsi’s death after the Act’s inception, a probate is required if the will in issue is created or the property entrusted under the will is located within the “ordinary original civil jurisdiction” of Calcutta, Madras, and Bombay, and also where such wills are created beyond these limits insofar as they correspond to immovable property located within those limits.

Christians: A Christian is not required to get probate of his Will.

CONCLUSIONS AND SUGGESTIONS

The inheritance regulations that must be obeyed are heavily influenced by the faith that the intestate professes at the moment of his or her death. The complexity of succession rules in India as a result of the various religions in use has made succession laws even more challenging. However, regardless of faith, the primary goal of intestate succession rules is to distribute property to legitimate successors without causing family feuds. The succession laws of the faith professed by the individual who died intestate dictate who all qualify as lawful heirs and their order of preference. As a result, understanding the laws relevant to a person creating a will or organizing the inheritance of his estate requires a thorough understanding of the intestate’s faith.

The Indian Succession Act of 1925, which is the law of the land in terms of intestate and testamentary succession, must evolve with the passing years and civilization. Keeping several biased outdated rules in place goes against the principles of the Constitution. Women’s right to inheritance is important for socioeconomic and political development, yet women are frequently denied equal rights to inheritance due to a deeply established patriarchal system. Women’s status could be improved further by granting them similar rights in the property. The repeal of gender discriminatory elements from the Indian Succession Act, of 1925 would go a great way toward improving the situation of women, particularly Christian women, who constitute the majority of the community regulated by the Act.

Kerala Law Commission’s 104th Report on the Law of Intestate Succession Among Christians in Kerala,   submitted under the chairmanship of T.R. Balakrishna Iyer, strongly endorsed laying down uniform rules of intestate succession for all Christians without exception, taking its cue from the Christian Succession Acts (Repeal) Bill, 1958, under which Kerala Government itself had realized the need for uniform law for intestate succession among Christians. It opined that the continuation of separate laws of succession over various places violated the principle of equality enshrined in Articles 14 and 15 of the Constitution. The adoption of a uniform rule of intestate succession would indeed be a move forward towards the establishment of a Uniform Civil Code, as contemplated by the Constitution’s Directive Principles.

India is a religiously multicultural country, and its constitution grants equal treatment to all religions. Keeping up with the plethora of succession rules, on the other hand, may be rather difficult and time-consuming for both the average man and law enforcement. As every citizen of India, regardless of creed, race, or customs, is given equal recognition in fundamental rights, a uniform code of succession laws among all religions guided throughout the country would facilitate a better understanding and application of rules for both the common man and law enforcers.

CITATIONS AND REFERENCES

1. AIR 1987 Del 323.
2. Archana Mishra, ‘Breaking Silence – Christian Women’s Inheritance Rights under Indian Succession Act 1925’, https://www.researchgate.net/publication/291349382_Breaking_Silence_-_Christian_Women’s_Inheritance_Rights_Under_Indian_Succession_Act_1925/link/56a1d5a108ae27f7de26952a/download .

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This article is written by Ajita Dixit, who graduated from ILS, Dehradun, and presently pursuing Masters in Law.

ArbDossier in conjunction with WBNUJS Kolkata ADR Society is conducting a two-day online training session on “Arbitration Agreements” on July 16 and 17, 2022.

ABOUT

ArbDossier in conjunction with the ADR Society of the West Bengal National University of Juridical Sciences (WBNUJS) is conducting a two-day training session on “Arbitration Agreements” on July 16 and 17, 2022.

Each of the 9 modules in the course will be instructed by a stalwart in the field of international arbitration, and the modules are structured as follows:

• Validity and Requirements of Arbitration Agreements: Mr. Jesus Saracho (International Arbitration Attorney and Arbitrator)
• The doctrine of Separability: Prof. Anthony Daimsis (University of Ottowa)
• Kompetenz-Kompetenz: Dr. Robert Kovacs (Withersworldwide)
• Law Governing Arbitration Agreements: Mr. Julian Ranetunge (King & Spalding)
• Interpretation of Arbitration Agreements: The Hon’ble Mr. Barry Leon (33 Bedford Row, Arbitration Place)
• Enforcement of Arbitration Agreements: Mr. Gautam Bhattacharyya (Reed & Smith)
• Institutional v. Ad-Hoc Arbitration: Ms. Hana Doumal (BVI International Arbitration Centre)
• Analysis of Model Clauses of Different Arbitral Institutions: Ms. Shan Greer (Arbitra International, BVI International Arbitration Centre)
• Drafting of Arbitration Agreements (2 hours): Mr. Enrique Molina (King & Spalding)

REGISTRATION PROCESS

The registration fee is INR 3000 (USD 38). The session has limited spots on a first come first serve basis.

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Ramaiah College of Law is organising the first edition of its National Client Counselling-Negotiation Competition from August 6 to 8, 2022.

ABOUT

Samyat means to meet together; encounter; agreement; a means of joining or uniting. Samyat 2022 being a pioneer in this format of competition also signifies continuity. Its uniqueness lies in the progression from interviewing a client, to negotiating on their behalf, all in one round.

The idea is to enable participants to comprehensively showcase their prowess in dispute resolution. The format offers a unique approach to various ADR mechanisms, giving teams an opportunity to showcase their talents in both, the client counselling and negotiation aspect of the competition.

THEME

The theme of the competition is commercial law as consulting lawyers and negotiating form a quintessential part of corporate transactions.

TEAM COMPOSITION

1. Each team shall consist of two bona fide students enrolled in 3/5 year undergraduate law programme in a law college/university recognised by the Bar Council of India.
2. The registration will be on a first-come-first-serve basis, up to a maximum of 24 teams. Every institution may register a maximum of two teams.
3. Team members must be of the same institute; cross-teams are NOT allowed.

FORMAT OF THE COMPETITION

Each round consists of two stages:

• Stage 1: Client counselling
• Stage 2: Negotiation

Stage 1

• Each team consisting of two members shall assume the role of advocates/legal counsels and interview the client, who shall be provided by the host college
• Client counselling and negotiation are part of the same round, the substance of the problem will remain the same.
• At the end of Stage 1, Confidential Information (“CI”) pertaining to the problem will be released. The CI shall be specific to each team, depending on whether their client from Stage 1 was the Requesting or the Responding Party
• A duration of 15 minutes will be given to the teams to peruse the CI before the commencement of Stage 2. Teams are to negotiate based on the information/objectives provided to them in the CI, and make strategic use of the same

Stage 2

• Two teams square off against one another in Stage 2, i.e., negotiation, wherein the members of the team assume the roles of client and counsel
• The teams will then be marked cumulatively for their performance in both stages, and shall be ranked accordingly

Rounds

The rounds of the competition are structured as below:

• Two Preliminary Rounds
• Semi-Finals (Top 4)
• Finals

REGISTRATION DETAILKS

• The registration will be on a first-come-first-serve basis, up to a maximum of 24 teams.
• Every institution may register a maximum of two teams.
• A Registration fee of INR 2500/- will be payable.
• Please register through the link given at the end of this post.

PERKS

• Winners: INR 20,000
• Runners-up: INR 12,500
• Best Negotiating Team (Prelims): INR 3,500
• Best Client Counselling team (Prelims): INR 3500

MODE

ONLINE

IMPORTANT DATES

• Last date for Registration: July 31, 2022
• Release of problems and scoring criteria: July 20, 2022
• Last date for seeking clarifications: July 30, 2022
• Release of clarifications: August 1, 2022
• Dates of the Competition: August 6 to 8, 2022

CONTACT DETAILS

adrsoc@msrcl.org

+91 80504 90857

+91 87469 03362

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