Tag: #lawstudent

Abstract

Gambling, in the current time, is mushrooming at an enormous speed, thereby posing a grave threat to the stakeholders involved due to its inherent vulnerability. The vociferous and the reverberating calls for its legalization newer assume more significance given the nebulous state of gambling laws in the country. Although the legalization would bring with itself a gush of entailing benefits, the profound and the pressing issues at hand pertaining to legalization are required to be given a thorough perusal including the pricking need to overhaul enforcement mechanism rather than venturing into the question of how and when to legalize the gambling given the legal and socioeconomic intricacy of India.

Introduction

It would be apposite, to begin with, the scrutinization of the term “gambling”. Gambling is a game that involves chances of winning or losing money or possessions of bet. Cambridge dictionary defines betting as the habit of risking money and placing a wager on the outcome of sports events. Gambling is a genus while betting is a species and both function on the coefficient of unpredictability especially those of the sporting events. The modern world thrives on the perpetuities of monetary gains and gambling serves as a handy way to satiate those materialistic needs.

This article seeks to systematically articulate the advantages and disadvantages that ensued due to the legalization of gambling, thereby concluding with some apposite and congruous solutions.

Background

India and gambling have had a substantiative co-relationship since ancient times, with the Rig Veda believing to have documented its first description. Since then, gambling has been a popular choice in India among the masses when it came to quick monetary gains in the course of satisfaction with worldly needs. Initially, gambling was encouraged in colonial India due to its economic benefits, but soon, it was illegalized due to its ensuing negative consequences such as bankruptcy, criminal delinquency, etc.

Thus, the Public Gambling Act of India was passed in 1867¹ to regulate and restrict gambling practices, thereby, illegalizing gambling albeit without sufficient punitive sanctions. The Act sought to restrict most forms of gambling including sports gambling (lotteries, casinos, festive gambling, etc were allowed and regulated in a few states) that was wagering in nature involving pure chance (eg: using the roll of dice or marble to determine the outcome) baring the few games that involved “skill” and not pure chance such as horse racing; online games of skill such as rummy, poker, fantasy games, etc. In K.R. Lakshmanan v. State of Tamil Nadu², the Apex court held that “The test of the legality of gambling vis-à-vis nature of sports is dependent upon the dominance of the element of skill/chance with regard to a recognized sport.”

With the advent of the constitution, Subjects of betting and gambling were kept in the State list as entry no. 34. The States have been given the liberty to delve into their own legislation on betting and gambling, having the freedom to regulate and deregulate it. While some states such as Sikkim (which has legalized betting in the online form), Kerala (conducts State-run lotteries), Goa³ (which has legalized casinos), etc have framed their own betting laws, others continue to govern themselves via the Central legislation of 1867. In a nutshell, both online and offline sports betting baring the games involving “skill” are currently illegal in India.

In recent times, gambling has unfettered its wings, mushrooming at an enormous speed with no signs of ebbing down in near future, more so due to the advent of advanced technology, penetration, and access to the internet in even the remotest corner of the world. India, too remained at the forefront to exploit this vice opportunity, with the 2016 ICC and the 2013 IPL betting scandals that involved thousands of crores of Rupees, giving testimony to this booming trend. It was in light of such massive illegal betting markets and the large-scale flouting of the law by the masses that the Supreme Court of India, in 2016, mandated the Law Commission of India (LCI)⁴ to examine a logical way to deal with India’s illegal gambling.

The LCI mentioned in its report that– “since it is not possible to prevent these activities completely, effectively regulating them remains the only viable option” Also, a Private Member Bill was introduced by Mr. Shashi Tharoor in 2018 in this regard, which articulated the legalization of sports betting in India under strict surveillance as it would curb the illegalized betting ecosystem in India which was under the monopolistic ambit of underworld mafias. It would curb the black money market, along with the generation of massive revenues for the government which could then be utilized for funding the sports infrastructure and betterment of athletes. Some of the potential restrictions that the bill sought to introduce were barring the minors from participating and limiting the highest betting fees one can bid. The bill impeccably envisioned the regulation mechanism by introducing a 7 member committee that would be responsible for formulating the rules and regulations monitoring sports online gaming. The bill also sought to criminalize the activities of sports fraud and match-fixing to the extent of 5 years of imprisonment and hefty fines which in turn would espouse deterrence. The bill also focused on maintaining the integrity of sports and preventing any event such as manipulations or match-fixing as those current pressing issues were not dealt with by the present legal framework.

Advantages of legalizing gambling

Gambling is one of the forms that has been an inherent phenomenon in Indian society and curbing it entirely won’t be certainly possible, more so because of the willful and brazen flouting of the legal norms by masses. Hence, giving it a legal sanctity would be a desirable approach in the discourse of its regulation and fund generation thereby espousing public consent and adherence rather than remaining oblivious to its incongruous existence. Far from this realization has been the seemingly illogical approach of the legislative setup which has still kept it within the cloak of illegality. This has been further reinforced by the Indian Judiciary by keeping horse race (on the basis of predicting the winnability) under the gamut of ‘games of skill’ but not the other games involving technicality and intricacy of similar nature such as cricket or hockey.

The most popular form of gambling has been in the sporting activities involving bets, which has evolved itself as a clandestine ecosystem possessing a huge network of people and enormous amounts of money. The Drastic modernization in the sports ecosystem coupled with the digital boom has led to sweeping revolutionary changes across the spectrum. This in turn accentuated the gambling culture creating a mammoth web of individuals and finances involved in this subculture. The first step in the legalization process would involve systematic identification and acknowledgment of these prevailing entities. Next would come regulation, owing to the fact that an exorbitant amount of Rs 300,000 Crores of black money is used annually for betting and the sector involves an enormous cash flow worth 60 billion dollars which is 3.5% of India’s GDP. It will lead to transparency as the source of cash flow could be traced and tracked thereby keeping a tight check on the black money market. Licensing of the brokers would further keep a check on them by curbing the black money laundering in illegal betting which is often used to fund terrorism and related nefarious activities¹. Involving in such illegal activities could lead to the cancellation of their licenses which in turn would serve as a deterrence to them. The legalization of sports betting would also ensure the protection of the subtle interests of minors, uneducated, poor fellows with a limited income and lack of bargaining power, and the elderly with shrinking life savings, who are often cheated by brokers. They remain at disadvantage due to unregulated and unenforceable market agreements lacking legal recourse owing to the wagering nature of the contract where the interests of the weaker party lacking bargaining power is jeopardized.

Currently, the earnings under betting are not reported as a source of taxable income under the Income Tax Act, 1961, thus, creating an avenue for black money. Legalizing the same would make the disclosure of such income mandatory (paving the way for effective surveillance and regulation) along with the generation of revenue receipts for the government to the tune of a minimum of Rs 12000 crores per annum⁵. It would also check on the tax evasions by brokers and bettors. The fund generated could be used for revamping sports infrastructure and related welfare schemes of the country along with peddling the development of the tribal and conventional sports that have been grossly neglected owing to their unpopularity and lack of resources.

Legalization would also serve as the panacea for ever-rising unemployment in the country by providing jobs ranging from the post of officers (required to monitor betting transaction) to a new catena of brokers who would specialize in sports betting along with a majority of unskilled workers employed in the implementation of menial economic activity in the betting industry. India, having the required knowledge, expertise and population could also evolve itself into a niche avenue for cyber betting like Denmark, the USA, etc, thus bringing with itself valuable foreign exchange which in turn would fuel the economic prosperity of the country.

Further, policing of the current gambling laws which illegalize it becomes a major problem due to the sheer numbers of “law-breakers” and exhaust colossal time of the law keepers which could be efficiently used for other productive work. Even effective policing results in large numbers of people gaining criminal records, with all of the consequential social problems. (employment problems, social and family stigma due to criminal record, etc). Hence, legalization would serve to meet the above ends. One other argument often posed in favor of legalization/regulation is that gambling adversely affects only a minority (less than 1% of the population due to problem gambling). So depriving the majority of a harmless leisure activity when it could add to a mix of other advantages is not worth it

Disadvantages of legalizing gambling

It is argued that the job of the government is to lead the people and not to simply follow popular views, especially if there are “public interest” reasons for pursuing unpopular routes. The concept and practice of gambling have historically been frowned upon in the Indian context. The moral issues constrain the government from peruse the idea of legalization as this has been a forbidden virtue in the Indian sub context given its entailing disadvantages. Giving it a legal sanctity would go against this entrenched ideal of morality.

Legalization would entail massive social costs as various studies have revealed that adolescents engaging in such activities possess a higher rate in school and academic failure accompanied by a history of family conflict triggered by the loss of household income, erratic sexual activity, severe financial difficulties such as large debts, poverty, and even bankruptcy; conflict and breakdown in relationships and a variety of psychological illnesses including anxiety and depression and psychiatric disorders, thus, paving way for baleful tendencies to commit suicide arising out of the ensuing depression.

State-sanctioned gambling would disproportionately burden the socially and economically backward people who expend a greater portion of their income into such wagering contracts, thus, exposing them to the channels of destituteness and crimes such as fraud and embezzlement, to address the mounting financial demands of their gambling. It will also push them into the scourging avenues of alcohol and drug addiction thereby instigating a vicious cycle of economic losses. Apart from the above menaces, gambling would also seriously impact the integrity and the true sportsmanship spirit of the sports due to the money factor and instances of match-fixing.

A logical argument against gambling follows that if gambling were to be legalized, it follows that more people would gamble (due to its enticing nature), and subsequently, more would become problem gamblers who face the adverse effects of gambling. Studies corroborate the above fact showing that increased availability of and easy accessibility to 2 gambling increased the participation in gambling and also the consequent prevalence of problematic gambling that entails massive social costs. Studies show that in India, although the prevalence of gambling was low, the proportion of people who had developed problem gambling among those who did gamble was considerably higher as compared to other countries. The final argument against legalization is that, even if it were to be considered a good idea, in theory, the time for such a major policy change in India is not right, because India did not possess the infrastructure to conceive, implement, monitor, or regulate such a huge change.

Suggestions

Certain suggestions could be considered in the light of the given circumstances. First, because of India’s inherent diversity, changes should be piloted in one or few states instead of going for pan India legislations so as to evaluate the post and pre-policy changes along with avoiding the deleterious and incongruous effects. Second, sufficient research needs to be undertaken so as to generate the local and relevant empirical pieces of evidence vis a vis the Indian sub context instead of relying on foreign pieces of evidence. Third, the question of government or private ownership of gambling monopoly needs to be delved upon. Fourth, the safeguard mechanism for the stakeholders needs to be put in place along with relevant and requisite standardized norms for regulation.

Conclusion

Keeping gambling under the scope of criminal legislation in spite of its nonviolent nature has been a source of contention amidst the scholars who view this as a step to give legitimacy to State paternalism. Section 30 of the Indian Contracts Act 1872 renders such betting (wagering) agreements voidable and takes off the recourse of legal enforceability, thus, exemplifying its vulnerability to financial exploitation and illegitimate transactions. Now in recent times, with a drastic surge in online gambling, the IT Act, falls short to curb people from engrossing in illegitimate offshore gambling websites where there is the absence of the protective blanket of national laws.

Thus, the archaic legislation of 1867 and the present laws being incompetent, abruptly fail to regulate the ongoing inconsistencies pertaining to betting. Further, nonchalance concerning the present penal provisions and the recklessness of the stakeholders exacerbate the administrative incapacities and ineffective framework of government. Against this backdrop, the vociferous and the reverberating calls for newer legislations assume more significance given the nebulous state of gambling laws in the country.

Given the pros and cons of the current issue at hand, there is no unambiguous evidence to support the status quo. Although the legalization would bring with it a gush of entailing benefits, the profound and the pressing issues at hand pertaining to legalization are required to be given a thorough perusal including the pricking need to overhaul enforcement mechanism rather than venturing into the question of how and when to legalize the gambling.

References

1. The Public Gambling Act, 1867. http:// www.sangrurpolice.in
2. 1996 AIR 1153, https://indiankanoon.org/doc/1248365/
3. https://www.scams.info/online-casino/india/#laws
4. Law Commission of India. Legal framework: Gambling and sports betting including in cricket in India. Report number 276. New Delhi: Law Commission of India, 2018.
5. http://timesofindia.indiatimes.com/business/india-business/Goa-casinos-contribute-Rs-135cr-revenue-in-2012-13/articleshow/19524670.cms

Written by Riya Ganguly student at Bharati Vidyapeeth New Law College, Pune.

Whenever one’s right is wronged, it is imperative that there is always some way to remedy that sufferance or injury caused to that person, to bring back the conviction of being just in a just society. It is done to bring about that same level of equilibrium prior to the right being wronged, the damage and injury caused. One can use the imagination of a scenario where one is wronged and has suffered some type of damage but if there was no remedy, the sufferings of that person would be prolonged, contributing to lack of peace and hence rendering the society’s system as being ineffective. If there is no relief, it would only lead to pent-up frustration and a feeling of insecurity. There would be constant feelings of apprehension due to a lack of guarantee of restoration, which would have been an important tool to the path of peace and security. Hence, the concept of torts came into the practice for this very purpose; to restore the victim of the wrong to their previous position prior to that action that led to injury or damage.

INTRODUCTION OF TORT LAW

The beginning of the Law of Torts can be followed by Roman statute alterium non-laedere. The saying signifies “not to harm another” for example not to hurt anybody by deeds or words. This saying is like trustworthiness vivere which signifies “to live respectably” and suum inner circle tribuere which is disclosed as to deliver to each man that has a place with him or it is an overall articulation to give equity to every individual. This multitude of three sayings can be ascribed for the advancement of the Law of Torts.

The fundamental goals of tort law are to compensate affected parties for harms inflicted by others, to hold those responsible that caused such injury, and to deter others from harming others. Torts allow the degree of loss to be shifted from the party who was injured to the party who caused it. Typically, a person seeking remedies under tort law will seek monetary compensation in the form of damages.

Remedies that are not normally used are injunction and restitution. The common law, the system that India follows, and state statutory law set the limits of tort law. Judges have broad discretion in assessing which activities qualify as legally cognizable wrongs, which defenses may outweigh any particular claim and the appropriate measure of damages when interpreting statutes. There are variations in the tort law across states of a country. There are three types of torts- Intentional torts (e.g., purposefully hitting a person); negligent torts (e.g., creating an accident by failing to respect traffic laws); and recklessness torts (e.g., causing an accident by deliberately failing to obey traffic rules).

TORT LAW IN INDIA

Because tort law is comparable throughout common law jurisdictions, courts have frequently relied on case law from other common law jurisdictions, like the United Kingdom, Australia, and Canada, in addition to local precedent. When applying foreign precedent, however, consideration is given to local norms and conditions, as well as India’s unique constitutional framework. The legislature has also enacted legislation to address specific societal issues. Aspects of tort law have been codified, as they have in other common law countries.

The Indian Penal Code or other criminal legislation may make some behavior that gives rise to a cause of action under tort law illegal. When a tort is also a criminal offense, the aggrieved party is nevertheless entitled to seek redress under tort law. The overlap between the two domains of law is due to the different purposes they serve and the different types of remedies they offer. Tort law tries to hold a tortfeasor accountable, therefore tort proceedings are taken directly by the aggrieved party to obtain damages, but criminal law intends to punish and discourage conduct that is regarded to be against the interests of society, so criminal actions are conducted by the government.

As in other common law jurisdictions, tort law in India is primarily guided by court precedent, reinforced with statutes governing damages, codifying common law torts, and civil procedure. A tort, just like other common law jurisdictions, is a breach of a non-contractual duty that causes harm to the plaintiff and gives rise to a civil cause of action with a remedy. Because the reason for tort law is to provide a solution to the individual who has been hurt, if a remedy is not present, it will be considered that a tort has not been committed.

Despite the fact that Indian tort law is largely inherited from English law, there still are distinctions between the two systems. Indian tort law is unique in that it provides remedies for constitutional torts, which are government activities that infringe on constitutional rights, as well as an absolute liability system for enterprises involved in hazardous conduct.

So, considering that the basic rule of torts is to compensate the value corresponding to the damage or injury caused, how is such a practice calculated? In India, damages are based on the principle of restitutio ad integrum. In all circumstances, India uses a compensatory approach and argues for “full and fair compensation.”

The Indian court will seek similar cases to compare when assessing the number of damages. The multiplier approach, which awards compensation corresponded to the degree of compromise to the victim’s earning power, is used in India to calculate damages in tort cases.

The fair and just amount refers to the number of years’ purchase upon which loss of reliance is capitalized under the multiplier technique. Then, in order to account for future uncertainty, a reduction in the multiplier would also have to be made. Under the Motor Vehicle Act, the multiplier concept is enshrined in the statute for tortious proceedings that involve personal injuries that have been caused by motor vehicles. The court will, however, take inflation into consideration when determining damages.

Now, in case of calculating personal injuries, in tort lawsuits involving personal injury, Indian jurisprudence recognizes seven distinct forms of harm where damages may be awarded. These categories are known as heads of claim, and they can be separated into non-pecuniary and pecuniary, similar to the more general distinction established in other common law jurisdictions between economic and non-economic damages. The following financial grounds of claim are recognized by Indian tort law:

• Earnings are lost.
• Expenses for nursing care, hospital, and medical.
• Matrimonial prospects are dwindling.

The following non-monetary heads of claim are recognized by contemporary Indian jurisprudence:

• Loss of hope for the future.
• Loss of luxuries or the ability to enjoy life.
• Physiological function loss or impairment.
• Suffering and pain.

INTENTIONAL TORTS

Intentional torts are harms that the defendant has had the intentions to do or should have had an expectation to occur as a result of his or her action or omissions. When the defendant’s such acts or omissions were unreasonably dangerous, they are called negligent torts. Unlike deliberate and torts of negligence, torts of strict liability are unaffected by the defendant’s level of care. Instead, in these situations, the courts look to see if a specific result or injury occurred.

Some moves should be made with a reason to submit a deliberate misdeed and wrong, for example, an intention is a must for an act to be committed. It is fundamental that there is a psychological component.

The Supreme Court declared in the State of Maharashtra versus M.H. George that criminal intent is a psychological truth that must be proven even in cases involving exceptional conduct unless it is clearly ruled out or ruled out by whatever necessary inference.

That is because Mens rea, or the purpose to commit a criminal act knowing the negative consequences, is one of the most fundamental elements of a crime. Mens rea is expressed by the use of phrases like intention, malice, fraud, irresponsibility, and so on. Before committing an offense, one must be a guilty mind. Mens rea include what the person is intending to do and the refusal to perform anything that is demanded of you. The mere intent to commit a crime is illegal in and of itself. An accused will be found guilty if it is proven that he intended to commit the crime, however, the burden of proving it is on the other side, and there must be sufficient evidence to decide that intention exists.

In Ramachandra Gujar’s case, the court held that a person’s intention may only be inferred from their actions and that the likely consequences of such actions must also be considered.

NEGLIGENCE TORTS

Negligence is a type of civil tort that occurs when a person violates his duty of care to another, causing that other person to suffer harm or face legal consequences. In tort law, negligence can take the following forms, that is, a method of committing various torts such as trespassing or causing a nuisance. It can be considered as a separate tort by itself.

Negligence’s Essentials
The plaintiff must show that the defendant had a duty of care that was owed to him and that this duty was breached. The nature of negligence liability is strictly legal, does not have to be moral or religious. ‘Duty’ might be seen as a responsibility to be cautious of others.

Duty Violation: The second stage is to prove that there was an actual breach of duty once the first criterion has been demonstrated. The defendant is expected to perform his responsibilities in a rational manner. The deciding factor is whether or not the defendant exercised reasonable caution.

Damage: The plaintiff must have suffered some loss as a result of the defendant’s breach of duty. The case of Donoghue v Stevenson represents a watershed moment in the history of the tort of negligence. The plaintiff, in this case, went to a cafe to order a ginger beer, that was sealed with an opaque cork. When the contents of the bottle were emptied, a decaying body of a snail emerged. The plaintiff became ill as a result of consuming some of the tainted contents of the bottle.

The court determined that a manufacturer that manufactures a product for the end consumer on the basis that the consumer will be injured if the manufacturer fails to exercise reasonable care, does owe a duty of care to the plaintiff.

RECKLESSNESS

A person’s actions might sometimes be so rash that they become the subject of a criminal investigation or a lawsuit. If a person acts recklessly with complete disregard for the safety of others and has the knowledge or should that his activities may cause injury to others, he may be held accountable for the injuries produced by his actions. It suggests the person was aware (or should have been aware) that his or her actions had the potential to damage others.

Recklessness is defined as behavior that is less than intentional but more than mere negligence. Unlike negligence, which occurs when a person takes an action with a risk that they should have known about, recklessness refers to taking a risk knowingly.

For example, the Supreme Court has defined what constitutes criminal culpability and differentiated between recklessness, negligence, and rashness. A person is said to have acted negligently when he or she accidentally commits an act or omission that would cause a breach of his or her legal duty, according to the law. A person who has done rashly when he or she is aware of the consequences but stupidly believes that they will not materialize as a result of his or her actions. A careless person is aware of the repercussions yet is unconcerned about whether or not they are the result of his or her actions. ‘Any behavior that is not adequate to recklessness and wilful wrongdoing shall not be subject to criminal prosecution,’ the Court stated in Poonam Verma VS. Ashwin Patel.

Many risky activities are prohibited by state law, and irresponsible actors are viewed as social risks because they jeopardize the safety of others. A person who has been hurt as a result of another’s negligence may be entitled to compensation for medical bills, rehabilitation, pain, lost wages, and suffering. Furthermore, recklessness may allow compensation from those who are normally free from liability for simple negligence, like government employees and health care providers.

Recklessness is a subjective as well as objectively defined state of mind. There are two kinds of irresponsible behavior. The first examines what the performer knew or was thought to be thinking at the time of the act (subjective test). The second evaluates what a person with a reasonable mind in the defendant’s circumstances would have believed (objective test). In all cases, the question is whether the person was aware (or should have been aware) that his acts could injure someone else.

It is dangerous, for example, for a car driver to purposely cross a highway in violation of a stop sign if traffic is approaching from both directions. In comparison, he does not stop since his attention is diverted and he is unaware that he is approaching the crossing which otherwise would be considered negligent.

CONCLUSION

Tort law allows for not only full recompense for victims, but also for the revelation of wrongdoing and the discouragement of malicious or negligent acts. A verdict of the court can be spread all over the country, if not the world, and can result in harmful practices being changed or stopped. Tort law has progressed to level the playing field, having roots in English common law. It empowers those without resources to compete with anyone on the globe, not just direct action. Any multi-billion-dollar enterprise or overreaching government agency. Besides only compensating an injured sufferer, tort law offers further advantages. Automobiles, the roads, toys, and foods are safer.

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

It is stated that accepting an offer is like lighting a match to a barrel of dynamite. For a contract to be successful, a genuine offer must be followed by acceptance of the offer. Let’s look at what defines genuine acceptance in more detail.

Acceptance

“The offer is considered to be accepted when the person to whom the proposition has been made gives his approval thereto,” reads Section 2 (b) of the Indian Contract Act 1872. As a result, the plan becomes a promise once it is authorized. Acceptance happens when the offeree to whom the proposition is made unconditionally accepts the offer, as indicated in the definition. When an offer like this is accepted, it becomes a promise.

Let’s imagine A makes an offer to buy B’s car for Rs. 2 lakhs, and B accepts. This has now become a commitment.

Once a proposal has been approved, it can no longer be amended. If accepted, an offer does not create any legal obligations, but it does create a promise. A promise is also irreversible since it creates legal obligations between parties. It’s possible that an offer will be revoked before it’s accepted. Once acceptance has been conveyed, it cannot be revoked or canceled.

Rules regarding Valid Acceptance

1. Only the person or persons to whom the offer is made and with whom it implies a contracting intention is allowed to accept it:
An offer may only be accepted by the person or persons to whom it is made and with whom it implies a contracting intention; it cannot be accepted by anyone else without the offeror’s permission.

The rule of law reads, “If you plan to create a contract with/1, then B cannot replace himself for A without your agreement.” An offer made to a single person can only be accepted by that individual. Any member of a group of individuals (for example, instructors) can accept an offer that is made to them. Anyone who is aware of the existence of an offer made to the entire world can accept it.

2. Acceptance must be unqualified and unconditional:
To be legally effective, it must be a complete and unqualified acceptance of all the conditions of the offer. If there is even the smallest deviation from the terms of the offer, the acceptance is annulled. A deviating acceptance is considered a counter-offer in the legal sense.

3. Acceptance must be communicated in a common and fair manner unless the proposal specifies how it should be accepted:
If the offeror does not indicate a method of acceptance, acceptance must be expressed in a common and fair manner. The most prevalent modes of communication are the word of mouth, mail, and behavior. An explicit acceptance is one that is expressed in words, either verbally or in writing, or by mail or telegram. When approval is expressed by behavior, it is known as implicit or tacit acceptance.

Implied acceptance can be proven by doing a necessary action, such as locating missing goods for the stated reward, or by accepting a benefit or service, such as a passenger boarding a public bus.

If the offeror specifies a form of acceptance, the acceptance offered in that style is absolutely admissible, even if the mode is funny. As a result, if the offeror specifies lighting a match as a method of acceptance and the offeree does the same, the acceptance is complete and effective.

However, what if the offeree opts for a method other than the one specified? “The proposer may, within a reasonable time after the acceptance is given to him, request that his proposal be accepted in the stated manner, and not otherwise; nevertheless, if he fails to do so, he accepts the (deviated) acceptance,” says Section 7(2).

Reality acceptance is ineffective:
Mental approval or quiet permission without words or activity does not establish legal acceptance, even if the offeror has stated that such a mode of acceptance will suffice. Otherwise, until the offeror is notified, acceptance has no effect.

4. Acknowledgment must be transmitted by the acceptor:
For an acceptance to be valid, it must be communicated to the offeror not just by the offeree, but also by or with the offeree’s authority (or acceptor).

5. Acceptance must be made in a fair amount of time before the offer expires or is revoked:
Because an offer cannot be kept open indefinitely, acceptance must be made within the given time limit, if any. Acceptance must be made within a reasonable time if no time restriction is specified (Shree Jay a Mahal Cooperative Housing Society versus Zenith Chemical Works Pvt. Ltd.).

Before the offer is revoked or expires owing to the offeree’s understanding of the offeror’s death or insanity, acceptance must be provided.

6. Acceptance must happen after the offer is made:
Acceptance must happen after the offer is made. It should come after, not before, the offer. A person was handed shares in a corporation that had not applied for them. He then applied for shares, completely unaware of the previous allocation. Prior to the application, the distribution of shares was deemed to be invalid.

7. Rejected offers may only be accepted if they are renewed:
If an offer has previously been rejected, it cannot be accepted again unless a fresh offer is made (Hyde vs Wrench).

Are There Different Kinds of Contract Acceptance?

Bill acceptances are divided into two categories: general acceptance and qualified acceptance. Absolute acceptance refers to wide approbation that is unqualified and unconditional. Acquiescence that is given without qualification is referred regarded as general acceptance. When someone accepts an order to pay a certain sum in whole and without limitations, this is known as a general acceptance. This is a common type of acceptance unless other payment
arrangements are made.

An acceptance must be wide in order to be legitimate as a general standard. When someone accepts an instrument, they qualify it by attaching a condition to it.

Acceptance can be divided into three categories:

• Acceptance by the Empress
• Acceptance is implied.
• Acceptance on condition

While any of these methods of acceptance is appropriate, signing a formal contract ensures that there is a legally enforceable element in the event of a disagreement. Finally, acceptance involves expressing and affirming one’s agreement to the transaction.

Implied acceptance is defined as acceptance that is indicated indirectly, rather than directly, through the acts of the person to whom an offer is made. An example of implicit acceptance of a bidder’s offer to the auctioneer is the auctioneer striking his hammer three times to signify his approval of a bidder’s offer.

The word “express acceptance” refers to acceptance that is stated orally, in writing, or vocally. For instance, A may write B an email offering his watch for sale, and B could accept the offer.

Qualified Acceptance: Another phrase for conditional acceptance is qualified acceptance. This happens when the person who made the offer tells the person who made the offer that if the terms and conditions alter, or if something happens, he or she will accept the offer. A conditional acceptance is good when you’re not sure how your position will turn out or if there are elements that might modify your existing situation.

This can be used as a counteroffer as well. Before the contract may be made, the initial offeror must accept a counteroffer. It sets expectations for the offer’s acceptance. The most prevalent kinds of conditional acceptance are:

• Qualified to place
• Qualified to amount
• Qualified to time
• Acceptance by some only
• Acceptance for installment payments

This is known as qualified to place when the drawee pays a bill at a certain location alone. It is referred to as qualified to amount if the drawee accepts the exchange and accepts payment for only a portion of what is owed. Qualified to time occurs when the drawee accepts the exchange and pays the bill at a period other than that stipulated in the contract.

When some, but not all, of the drawee’s consent to the transaction, it is referred to as acceptance by some. The bill is accepted for installment payments when the drawee agrees to pay the amount in installments. This must be mentioned explicitly in the contract from the beginning.

The acceptance requirement must be expressed very clearly in the agreement and must be quickly understood. If drawee desires to make a qualifier during acceptance, he or she must do it in such a way that the instrument’s holder knows what was accepted and on the basis of particular criteria.

Written by Muskan Patidar student at Kirit P. Mehta School of law (NMIMS), Mumbai.

The environment assumes a vital part in human existence as well as in the advancement of society. With developing mechanical progression and industrialization, the immaculateness of the climate has been threatened to a horrifying degree. The need to secure and further develop the climate is so convincing for the endurance of humankind and other life structures on planet Earth that the right to climate has arisen as basic liberty. Climate alludes to the regular environmental factors and conditions where we reside. Tragically, the environment has gone under genuine danger. This danger is for the most part because of human practices. These human exercises have absolutely made genuine harm to the environment. Most significant, this harm takes a chance with the endurance of living things on Earth. Subsequently, there is a pressing need to save the Environment.

For this, environment security is improving, guarding, and keeping up with the nature of the climate. The fundamental strategies for natural assurance are reusing, reusing, and lessening; be that as it may, a few different techniques like Green Energy creation, green transportation improvement, and eco-accommodating industrialization likewise exist. Inhabitants, as well as organizations and ventures, should assume their essential parts to work on the climate.

HISTORY OF ENVIRONMENTAL LAWS

Mankind has forever been worried about the climate. The antiquated Greeks were quick to foster a natural way of thinking, and they were trailed by other significant human advancements like India and China. In later times, the worry for the climate has expanded due to developing consciousness of the biological emergency. The Club of Rome, a research organization, was quick to caution the world with regards to the risks of overpopulation and contamination in its report “The Limits to Growth” (1972).

The advanced ecological development started during the 1960s when worries about the adverse consequence of people on the climate started to increment. Because of these worries, legislatures all over the world started to pass regulations to safeguard the climate. In the United States, for instance, the Environmental Protection Agency (EPA) was laid out in 1970.

The start of ‘present day’ global ecological regulation is dated 5 June 1972 which denotes the start of the United Nations Conference on the Human Environment in Stockholm. This period incorporates numerous advancements that occurred up until the 1992 United Nations Conference on Environment and Development.

STOCKHOLM CONFERENCE

It was in 1972 when interestingly nations across the world met up to distinguish and resolve natural issues at the United Nations Conference on the Human Environment in Stockholm. This occasion has had an enduring impact on the improvement of global ecological regulation. This gathering depended on the focal issue of contention between the financial turn of events and ecological insurance and it was this meeting where the idea of Sustainable Development was molded. The gathering was gone before by the Founex Meet in Switzerland where it was perceived that natural insurance and monetary improvement should go connected at the hip accordingly establishing a framework for the idea of feasible turn of events, which legislatures affirmed later at the Rio Conference on Environment and Development. At the Stockholm Conference, the Stockholm Declaration on the Human Environment was taken on which prompted further improvement of worldwide natural regulation. Because of the Stockholm Conference, nations laid out the United Nations Environment Program (UNEP) in Nairobi, Kenya which was not laid out as a United Nations specific organization.

A few significant multilateral arrangements related to the Stockholm Conference, are the Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matters and the Convention for the Protection of World Cultural and Natural Heritage, in 1972, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973. These arrangements were the early support points of global ecological regulation and along with the UN Conference, set up for the improvements in worldwide natural regulation.

In the following twenty years, global natural arrangements multiplied and in excess of 1100 worldwide legitimate instruments that were in without a doubt committed to the climate. In this period, nations became skillful at haggling new arrangements in brief periods which didn’t surpass 2 months.

The global natural arrangements went into during this period began as a means of observing and revealing explicit ecological dangers and had its own, discrete office to help nations in executing the concurrence with independent conventions for the exchange of peaceful accords, including trans-limit air contamination ozone environment, and so on the time frame between 1972-1992 saw changes in the subjects and the focal point of global ecological arrangements. The extent of arrangements additionally extended from controlling trans-limit contamination to worldwide contamination issues, for example, the consumption of the ozone layer, monitoring environments, and so on.

HISTORY OF ENVIRONMENTAL LAW IN INDIA

In the course of the most recent twenty years, the Indian judiciary has cultivated a broad and inventive way to deal with environmental rights in the country. Complex matters of ecological administration have been settled and therefore a progression of inventive procedural solutions have advanced to go with this new meaningful right. The new environmental right is subsequently advocated as a legitimate pathway to expedient and modest lawful solutions.

The notional development of the right to life was perceived even without any particular reference to the infringement of this major right. However, the basic liberty culture has permeated down to the Indian human rights system within a short time frame. An interdisciplinary way to deal with environmental protection might be one more justification for the activity of the right to a healthy and clean climate. This has been attempted through global ecological agreements and shows, public administrative measures, and judicial reactions.

It has been studied in the case of environmental laws and policies, the Indian scenario is actually filled with attempts and examples in trying to preserve the environment from further degradation. Let’s look into how that protection came into being by going back to the historical background. Ancient India had always been keen and concerned in maintaining protecting the environment. But let’s look into how the British’s then passed legal regulations and actions carried out as it is what has had a huge impact on how India has turned out to be in the present age.

During the British Period, they looted India off of their natural resources, combined with a total indifference with regards to environmental protection. An overall overview of early natural resource regulation uncovers that separated from the wood’s regulations, nineteenth-century regulation likewise somewhat directed two different parts of Indian climate- water contamination and wildlife. These regulations, in any case, had a restricted reason and restricted spread in other regions. Obviously authoritative measures were taken by the British Government for fighting against contamination and for the preservation of natural resources. In spite of the fact that pundits call attention to that the British authorized these regulations, not with the object of safeguarding the climate but rather fully intending on procuring income for themselves, it ought to be viewed as the initial move towards the preservation of natural resources. Regardless of the way that these actions were made with ulterior intentions, British-sanctioned regulations have contributed essentially to the development of environmental jurisprudence in India.

Some of the laws passed during the British rule are,

• Merchant Shipping Act of 1858 dealt with the prevention of sea pollution by oil.
• Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed restrictions on the fouling of seawater.
• The Fisheries Act, 1897
• Wild Birds and Animals Protection Act, 1912
• The Bengal Smoke Nuisance Act of 1905
• Bombay Smoke Nuisance Act of 1912

And after Independence,

• The Indian Constitution embraced in 1950 didn’t manage the subject of climate or counteraction and control of contamination all things considered.
• It was the Stockholm Declaration of 1972 that turned the consideration of the Indian Government to consider environmental protection.
• Exhaustive (exceptional) ecological regulations were established by the Central Government in India.
• Public Council for Environmental Policy and Planning was set up in 1972 which was subsequently developed into the Ministry of Environment and Forests (MoEF) in 1985.
• The Wildlife (Protection) Act, 1972, focused on the objective and present-day wildlife management, and many more.

ENVIRONMENTAL LAWS AND POLICIES IN PRESENT INDIA

Prominently, the public authority has passed different regulations to check the harm caused to the climate, for example, the Environmental Protection Act, 1986, Forest Conservation Act, 1980, Water Prevention and Control of Pollution Act, of 1974, Public Liability Insurance Act of 1889, Biological Diversity Act of 2002, and National Green Tribunal Act of 2010.

As indicated by Article 48 (A) of the Indian Constitution, the state will attempt to safeguard and work on the climate. It ought to likewise attempt to defend woodlands and the natural life of the country. As per Article 51(A) (g) of the Indian Constitution, each resident of India has a basic obligation to safeguard and further develop the indigenous habitat including backwoods, lakes, waterways, and untamed life and ought to have empathy for living animals. These are some of the rights among others like sections 253, 246, etc.

Now let’s get into how these regulations tend to have a fallback or poor implementation. One of the primary explanations behind this is that there is no autonomous administrative body for ecological administration. It is taken care of by the Ministry of Environment Forest and Climate Change (MoEF). Because of inordinate obstruction by the government on the administration of the Ministry, there is unfortunate execution of natural regulation. The politicians also lack the willingness to further push the need for effective implementation, adding on with the lack of awareness of the people.

Businesses are committed to taking authorization from the State Pollution Control Board to release effluents and cause outflows yet there is laxity in consistence because of the absence of solid punishment measures. The Comptroller and Auditor General in India in its 2011-12 report on Performance Audit of Water Pollution in India say that the punishments for the contradiction of WPCA 1974 are excessively frail. There is also a lack of funds for the Pollution Control Boards and they don’t even have proper infrastructure or laboratories. These are just some of the problems amongst many in India. And to correct these few, the following solutions are recommended. A free administrative body should be laid out. The MoEF in 2009 had proposed for a “Public Environmental Protection Authority” in its discussion paper which would go probably as a body for ‘noticing, rule, and execution’ of natural administration. Like on account of Vellore Citizen Forum versus Association of India the guideline of polluter pay rule was applied. For this situation, a Public Interest Litigation was recorded by the candidates in light of the fact that the tanneries and different enterprises were releasing untreated effluents into the River Palar in Tamil Nadu. 35,000 hectares of the farming area has become either absolutely or somewhat ill-suited for development as per Tamil Nadu Agricultural University Research Center, it was held that the enterprises need to pay the townspeople for the harm brought about by them and furthermore make up for the rebuilding of the environment.

Public awareness and an increase in the political will to help is an absolute necessity. NGOs can assume a vital part in this. Prizes should be given to businesses, associations, and so on to recognize infringement and make a move to resolve the issue. Financial endowments, cost-sharing ought to likewise be advanced. And many other steps should be taken like giving more funds to SPCP.

Actions to protect the environment are also taken by the people themselves. Many climate/environment-oriented actions have been initiated which is indeed commendable. Some of the notable movements have taken the forms of advertisements, protests, like the recent protest which was staged by the All Assam Students’ Union (AASU) and All Assam Matak Youth Students’ Union against the decision made by the National Board of Wildlife (NBWL) to allow North-Eastern Coal Fields (NEC) to do opencast mining in 98.59 hectares of Dehing-Patkai Wildlife Sanctuary in 2020, to protect the wildlife sanctuary and the vast fauna. Or the SAVE AARAY movement in 2019, mobilized by the people to go against the Mumbai Metro Rail Corporation Limited’s (MMRLC) metro 3 car-shed plan that would lead to the felling of the Aarey Colony, and the only national park that was situated outskirts the metropolis, rich in flora and fauna. This was also done to protest against the fact that many tribal communities had also been displaced by big project plans.

CONCLUSION

So, therefore, the Stockholm Conference definitely assumed a critical part in illuminating ecological corruption that has been caused around the world. Thus, the worldwide level of natural and biological issues has been improved to a particular level which the nations of the world had never envisioned ever.

The Courts in India have played a distinctive job in step by step broadening the extent of a good standard of living by applying different issues of ecological protection. Therefore, practices representing a significant danger to the climate were diminished to safeguard the person’s human right to a healthy climate. Article 21 has been dependent in plenty of cases, albeit certain cases have consolidated a more extensive point of view of the Constitution.

With contamination expanding every year and causing the crumbling of the natural habitat, it has become important to find ways to safeguard the common habitat. As we realize that the justification for this multitude of issues is people, state-run administrations should decide to limit their exercises that are actually hurting the climate. And if they are not halted direly, then, at that point, the world could see some devastating collapse and degradation before it’s too long. For instance, environmental change has been a huge issue, and this is one of the reasons for continued contamination. A good future relies upon the climate in general.

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

ABSTRACT

The given article seeks to explore the evolution of the Arbitration laws in the Indian sub context from stem to stern. The article traces the journey of Arbitration from the enactment of the very first legislative piece in 1899 until the most recent amendment of 2019.

INTRODUCTION

In order to decipher the insightful journey of the arbitration laws, it shall be necessary to first comprehend the meaning of the term ‘arbitration’. Colloquially speaking, the term ‘arbitration’ basically means an adjudication of disputes by an impartial and independent third party i.e. arbitrator. Thus, arbitration is a private, out of the court procedure. Regular court procedures are usually complex, expensive, and time-consuming. Adjudication of the disputes via the less formal and alternate forums such as the ‘arbitration’ provides a more effective and speedy resolution of disputes.

Thus, Arbitration is the result of written agreements between the parties wherein the parties agree to submit the accruing present or future disputes arising out of a legal relationship between them to an arbitrator.

ARBITRATION PRACTICE IN THE ANCIENT WORLD

The practice of arbitration has been pervasive throughout the world since ancient times. King Solomon of the ancient Jewish empire is usually hailed as one of the first arbitrators as per the Old Testament. The book by Elkouri and Elkouri¹ describes in length the arbitration proceedings of Solomon that bear resemblance to the modern-day arbitration practice. Further, the Greece historian Homer also gave detailed accounts of arbitration in his poem wherein the third party adjudicators settled the disputes between the masses.

In the Indian subcontinent, mentions of arbitration can be found in ancient texts of Brhadaranayaka Upanishads² that mentioned about srenis, kulas, pugas, and other autonomous bodies which adjudicated arbitration proceedings. Instances of local adjudication of disputes without the intervention of courts via the panchayats can also be found in Mauryan and Mughal times. Even today, the Khap panchayats are examples of such extra-judicial bodies that arbitrate disputes among the parties involved.

SCOPE OF THE LEGISLATIVE ENACTMENTS

1. THE INDIAN ARBITRATION ACT 1899
The said Act³ came into force on 1 st July 1899 and was drawn on the lines of the English Arbitration Act. It was the first legal attempt to formalize and codify the laws and procedures pertaining to the arena of arbitration by filling in the void created due to the absence of legislative enactments. The Act sought to amend and facilitate the process of Arbitration by agreement between the parties which therein gave away the need for engaging in the long-drawn tedious and complex procedures of the civil laws. However, the applicability of the Act was limited only to the presidency towns of Madras, Bombay, and Calcutta.

The Act provided that if the parties explicitly agreed in writing to refer to an arbitrator in the event of any dispute, then in the event of an eruption of any dispute, an application could be made to the court, having jurisdiction in the said matter, to enforce the arbitration agreement, the subject matter of which should be legal off course, in accordance with the provisions of the agreement and appoint an arbitrator, in absence of any agreed provision for appointment of any specific arbitrator between the parties thereto.

The Act lays down in length and breadth about the ifs and nots for appointment of an arbitrator, procedure for the perusal of the evidence, grounds of mistake for setting aside an arbitration award, powers of the court to enact arbitration agreement, enforcement of arbitration award, stay of proceedings, award of the decree, and a host of other provisions.

The scope of Arbitration further got modified and codified with the enactment of CPC in 1908 under Clause 1 to 16 of Schedule II, whereby the provisions of arbitration were extended to the other parts of India. However, the infancy of the Indian Arbitration Act with its inborn imprudence coupled with the technicalities of the CPC 1908 proved to be incapable of governing the catena of arbitration and thus paved the way for the enactment of The Arbitration Act 1940.

2. THE ARBITRATION ACT 1940
The act⁴ provided systematic and comprehensive legislation on arbitration by improving upon the shortcomings of the previous Act. It came into force on 1 st July 1940 and extended to the entire Indian territory except for the State of Jammu and Kashmir. The Act sought to amend, bolster and integrate laws relating to arbitration and provide for a hassle-free arbitration experience, thereby saving the precious time of civil courts.

The Act provided for agreement between the parties thereto for the appointment of an arbitrator by a third party and; the appointment of up to three arbitrators by the parties themselves. The appointment of an arbitrator could be revoked only by the leave of the court and further, the death of the parties did not discharge the arbitration agreement. The Act widened the horizon of the court by empowering it to appoint, modify or remove the arbitrators; or modify/ remit the arbitration award after its filing in the court, if it deemed it to be fit. The Act also imbibed the provisions for insolvency of the parties, powers of the arbitrator to grant interim awards, powers, and procedure of civil courts, etc. It is to be noted that the Act was subservient to the provisions of the Indian Limitation Act 1908.

The major flaw of the Act was that it only dealt with adjudication of domestic arbitration rewards and had no imbibed provision for the enforcement of foreign awards. Further, ineffective application of the provisions of the Act, leading to irregular and faulty proceedings gave a major blow to the applicability and usefulness of the Act. In the case of Guru Nanak Foundation v Rattan Singh⁵, the Supreme Court lamented over the inefficacious working of the Act which had led to time-consuming and complex procedural claptraps.

Despite the inherent malaise in the applicability of the act, combined with other infirmities, the act remained operational until the year 1995. The economic liberalization policy of the 1990s necessitated the creation of a favorable and conducive business environment so as to attract investments and provide speedy dispute resolutions, thereby enhancing the ease of business. Now, in order to simplify the tedious and complex court procedures and facilitate the businesses, arbitration as a method for commercial dispute resolution was encouraged and it was in this background that the Arbitration and the Conciliation Act 1996 was passed by the parliament.

3. THE ARBITRATION AND THE CONCILIATION ACT 1996
The act⁶ came into force on 25th January 1996 and repealed the Arbitration Act 1940. The Act was enacted in consideration to and in consonance with the UNCITRAL Model Law on International Commercial Arbitration.

The Act provides for domestic as well the foreign commercial arbitration coupled with the enforcement of the international awards. The Act for the first time carved out an avenue for the process of conciliation. The Act is divided into four parts, spanning 87 Sections. Part 1 provides for the procedural details of domestic arbitration and Part 2 provides for enforcement of certain foreign awards in the light of New York and Geneva conventions while Part 3 deals with the aspect of Conciliation by elucidating it in length and breadth.

In the case of Bhatia International v. Bulk Trading S.A. and Another⁷, it was held that the arbitration benches seated outside India shall be subjected to Part 1 of the 1996 Act unless it was impliedly or expressly excluded.

The Act gives paramount importance to the autonomy of parties which can be adduced by the expressions used in the Act such as “with the agreement of the parties” every now and then. The Act underpins the necessity of the arbitration agreements for enforcement of arbitration proceedings, gives full autonomy to the arbitration tribunal to carve out the procedures, and seeks to clearly distinguish between arbitration and conciliation. Moreover, the Act intends to provide for speedy resolutions which could be deduced from the fact that it did not provide a second appeal except for an appeal to the SC.

In the case of Centrotrade Minerals and Metals Inc. v. Hindustan Copper Ltd⁸, the court underpinned the fair and impartial adjudication process of the arbitration tribunals that gave paramount consideration to the party autonomy and safeguards therein. However, the court criticized the cumbersome procedure for setting aside the arbitration awards.

Given the beneficiary aspect of the said Act, it suffered from the twin malady of excessive court intervention and procedural expensiveness. Challenge of an Arbitral award under Section 34 of the Act would put an automatic stay on the execution of an award thus, making it executable. Also, a charge of excessive fees by the arbitrators and absence of time limit for adjudication of the arbitration award would make the option of arbitration altogether as a means for dispute resolution unfeasible and cumbersome.

This necessitated the needful improvisations in the said act and hence the Arbitration and Conciliation Amendment Act was passed in 2015, incorporating the required amendments.

4. THE ARBITRATION AND CONCILIATION AMENDMENT ACT 2015
The act⁹ came into force on 23 rd October 2015 and sought to amend and consolidate the Arbitration and Conciliation Act 1996. The Act amended Section 2(1), 7, 8, 9, 11, 12, 14, 17, 23, 24, 25, 28, 29, 31, 34, 36, 37, 47, 48, 56, and 57, and furthermore, added a fourth, fifth, sixth and seventh schedule to the principal Act. The key features of the amended Act are as follows:

• The Act added to the meaning and interpretation of the term “courts” with respect to domestic and international arbitration. As regards domestic arbitration, the term ‘court’ shall include both principal civil courts in districts and High Courts in the exercise of their original jurisdiction and with regards to international arbitration, the term ‘court’ shall include only High Courts in the exercise of their original civil jurisdiction.
• International commercial arbitrations whose benches are seated outside India shall also be subject to the provisions of 9, 27, and 37 of the Act, and the ensuing arbitral reward of such cases shall be perfectly enforceable in India.
• As regards interim protection awarded by the courts, the arbitration proceedings shall commence within a period of 90 days or if any as determined by the court, from the date of order for grant of interim protection.
• In order to curb the unnecessary court interventions and uphold the spirit of the arbitration agreement, the act makes it necessary to refer the subject matter disputes to arbitration in case of the existence of arbitration agreements for such matters.
• The Act seeks to curb the discretionary power of CJI and bring to the center stage, the twin institutions of the Supreme Court and High Courts instead of keeping CJI and his nominated institutions at the forefront for the task of appointing arbitrators.
• The Act confers power upon the central government to amend the fourth schedule.
• In order to enhance the efficiency and effectiveness of the process of arbitration, the Act prescribes a period of 12 months for the completion of the arbitration proceedings under the Act and also accordingly awards the arbitrators for speedy dispute resolutions.
• To encourage transparency, impartiality, and fairness of the entire scheme of arbitration proceedings, the Act prescribes for disclosure of any past/present or direct/ indirect relationship of the arbitrator with parties thereto or subject matter of the dispute that may give rise to justifiable doubts as regards to impartiality and independence of the proceedings. The fifth schedule of the Act extensively and methodically lists out the cases of arbitrator’s relationship with parties thereto that are likely to vitiate independence and fairness of the proceedings.
• The Act provides a scope for the appointment of guardians during the course of arbitration proceedings for minors or for persons of unsound mind.
• The Act seeks to encourage to the greatest extent, the scheme for oral hearings. Moreover, the Act drives to foster the virtue of regularity as regards the arbitration proceedings and dissuades adjournments by levying heavy costs.
• The Act equips the arbitrators/ courts with discretion to determine and award the costs to be paid by the parties to each other and to the arbitrators/ courts per se.
• The Act uncovers speculations by defining the conditions that lead to a conflict of public policy in India. The conditions include the cases of fraud and contravention of Indian law and notions of morality or justice.

The case of Perkins Eastman Architects DPC and Ors. vs. HSCC (India) Ltd.¹⁰ dealt with the unilateral appointment of the arbitrators, wherein the two judges bench of SC held that a person who was ineligible to act as an arbitrator cannot appoint one of his choices and the court could exercise its power under the Section11(6) of the Arbitration Act 1996 and appoint an independent arbitrator to maintain fairness and impartiality of the proceedings.

In spite of the much-sought amendments brought in by the Amendment Act of 2015, the lack of institutionalized arbitration mechanism was deep-rooted in the country. In order to perpetuate the institutionalization of systematic arbitration, an ad-hoc committee headed by Justice B.N Srikrishna was constituted. On the lines of proposed improvements suggested by the committee, the Arbitration and Conciliation Amendment Act 2019 was enacted.

5. THE ARBITRATION AND CONCILIATION AMENDMENT ACT 2019
The amendment Act of 2019¹¹ came into force on 9th August 2019. The act seeks to amend Section 2, 11, 17, 23, 29A, 34, 37, 42 43, 45, 50, and 86 of the Principal Act. The Act further adjoins the eighth schedule and part 1A to the Act. The salient features of the Act are as follows:

• The act seeks to ease out the responsibility of the already overburdened HCs and SC by provisioning the addition of arbitral institutions for presiding over the process of arbitration which shall be accordingly designated by the SC and respective HCs, thereby ensuring speedy disposal of the disputes. In the absence of designation of arbitral institutions by the HCs, the CJ of the concerned High Court shall appoint a panel of arbitrators for the purpose of discharging the said functions of arbitral institutions.
• The arbitral institutions so constituted shall have the authority to adjudicate the cases of international arbitration.
• In order to expedite the process of admittance of claims and defenses during the course of arbitration proceedings and encourage speedy disposal of cases, the act provides for completion of the above-said claims and defenses within a period of six months from the appointment of arbitrators.
• The Act curbs the extraneous application of other laws as regards appeal under this Act and provides for only those appeals that are listed and validated by Section 37 of the Act.
• The Act absolves the liability of the arbitrators from those impugned actions that are done in good faith.
• In order to boost the competency of the arbitrators, the act prescribes minimum qualifications for the appointment of the arbitrators which shall ultimately lead to the excellence of the arbitration mechanism.
• The showstopper of the amended Act is the establishment of the Arbitration council of India that will seek to regulate the niche practice of Arbitration and Conciliation in India and make the country, a booming hub for inexpensive, effective, and sought after hub for the process of arbitration. Part 1A inserted via the amendment Act of 2019, describes in length about the constitution, functioning, and governance of the Arbitration Council of India.

CONCLUSION

The practice of arbitration as means for the settlement of commercial disputes has been a popular tool. Being speedy, cost-effective, and efficient, it provides viable options for the resolution of disputes that would otherwise take tremendous time, cost, and effort of the parties involved under regular civil litigation. The legislative enactments in the field of arbitration underwent major amendments since 1899 in order to keep abreast with the latest developments. The recent amendment of 2015 and 2019 took leap-bound steps to inculcate practices that would encourage transparency, independence, and impartiality of the arbitration proceedings, thereby preventing unnecessary intervention of the courts and ensuring speedy and timebound disposal of the cases.

References:

1. https://core.ac.uk/download/pdf/216936738.pdf
2. http://csjournals.com/IJITKM/PDF%2010-2/21.%20Sumit.pdf
3. http://jkarchives.nic.in/Record_Holdings_PDF/Acc.%20No.%201149.pdf
4. https://indiankanoon.org/doc/1052228/
5. (1981) 4 SCC 634
6. https://legislative.gov.in/sites/default/files/A1996-26.pdf
7. (2002) 4 SCC 105
8. 2006 11 scc 245
9. https://lawmin.gov.in/sites/default/files/ArbitrationandConciliation.pdf
10. SC/1628/2019
11. https://egazette.nic.in/WriteReadData/2019/210414.pdf

Written by Riya Ganguly student at Bharati Vidyapeeth New Law College, Pune.

INTRODUCTION

One of the main changes in India’s overall set of laws is the Insolvency and Bankruptcy Code. This is on the grounds that the IBC does not just make India more grounded as far as the lawful structure, yet it additionally gives it another financial character and acknowledgment on an overall scale. If a disagreement emerges concerning bankruptcy, the debtor and the creditor have the authority to commence insolvency procedures against each other under the IBC, which is a combined study of numerous legal committees. With the President of India’s consent, the Insolvency, and bankruptcy Code 2016 became effective on May 28, 2016. Before that, there were long cycles that didn’t impressively offer a financially functional arrangement anyway as of now, this code is a one-stop reply for settling liquidations. To give a single guideline to Insolvency and Bankruptcy related issues, the Indian Insolvency framework went through a complete upgrade blending a couple of past guidelines (merging of 13 existing laws).

INSOLVENCY & BANKRUPTCY CODE, 2013

Meaning – Insolvency generally occurs when a person is unable to pay their debts to the creditor at the expected time frame. Bankruptcy, on the other hand, occurs when a court of competent jurisdiction declares a person or a business insolvent and issues necessary instructions to rectify the situation and safeguard creditors’ interests. Bankruptcy is a legal process by which an insolvent borrower seeks relief from his or her creditors.

Evolution – A statute was passed in 1828 that marked the commencement of insolvency-related law in India. In 1848, the Indian Insolvency Act established a division between traders and non-traders. There was no legislation dealing with insolvencies in non-presidency districts until 1907. The new Companies Act was approved in 2013, making several modifications to the corporate insolvency procedure.¹ Chapter XIX of the Firms Act of 2013 dealt with the resurrection and rehabilitation of ill companies. This chapter has been removed since the IB Code now covers the full revival/rehabilitation method or mechanism. The Insolvency and Bankruptcy Code, 2016 consists of 255 sections (divided into 5 parts) and 11 schedules. At this point, the IBC is the main regulation that oversees indebtedness, insolvency, and the recreation of failed organizations, reducing the job of earlier regulations.

FUNCTIONS & PROVISIONS OF IBC, 2016

The 2016 Code lays out a period-restricted strategy for settling indebtedness. At the point when a debt holder defaults on an installment, loan bosses hold onto responsibility for the debt holder’s resources and have 180 days to settle the indebtedness. To guarantee that the goal cycle chugs along as expected, the Code awards debt holders’ resistance from banks’ goal claims during this time. The Code likewise unites components from existing regulation to give a solitary scene to borrowers and lenders, all things considered, to address bankruptcy.

The IBC, 2016, specifies a Rs 1 crore least boundary for starting the pre-packaged bankruptcy goal strategy. It considers the excusal of simultaneous bankruptcy goal process and pre-packaged indebtedness goal process petitions documented against a similar corporate borrower. Punishment for starting a pre-packaged liquidation goal strategy deceitfully or malignantly to misdirect others, as well concerning the fake organization of the corporate indebted person during the cycle. Offenses including the pre-staging insolvency goal strategy are culpable.

RELATION OF NCLT WITH IBC

In contrast to concerns expressed during the IBC’s creation and later talks regarding the difficulty of quickly installing adjudicating capability, the NCLT is capable of fulfilling the job of adjudication under the IBC. While the NCLT’s present operation has defied expectations from previous insolvency cases, there are clear gaps between how the NCLT operates under the IBC and what is intended by the statute.² The empirical investigation on whether the NCLT is able to provide judgments within the timeframes required by law, as well as if the judgments are consistent with the function envisioned by the legislation, reveals that there exist gaps. From an adjudicating authority for the Insolvency redressal process of companies and individuals to the power prescribed to NCLT, it can be said that NCLT plays the most important role under IBC. It provides simplicity for financial creditors, operational creditors, and corporations to collect money from debtors.

PROCESS OF INSOLVENCY RESOLUTION

Corporate Insolvency Resolution: During the resolution of Corporate Insolvency, the creditor should record an application with the NCLT for starting bankruptcy redressal procedures. The NCLT will be expected to either acknowledge or dismiss the application within 14 days of documenting the application. When the application has been acknowledged by the NCLT, the administration of the indebted person is suspended and the transitional power, selected by the NCLT and alluded to as the ‘break indebtedness goal proficient’ assumes control over the administration of the corporate debt holder. Further, as soon the application for CIRP is conceded by the NCLT, a ban produces results on the corporate indebted person, which forbids the continuation or commencement of any legal actions against the debt holder, the exchange of its resources, or the requirement of any security interest. Within 30 days of the NCLT admitting the application for CIRP, the interim resolution expert reviews the creditors’ claims and forms the creditors’ committee. The panel of loan bosses then, at that point, names a free individual as the goal proficient, alluded to as the Insolvency Resolution Professional (‘IRP’) to assume control over the administration of the corporate borrower for the rest of the CIRP. Within 180 days of the commencement of the CIRP, the IRP is expected to draw up a goal plan for the restoration of the corporate borrower. Such an arrangement should be supported by lenders holding no less than 75% of the obligation of the corporate account holder.³

CASE LAWS – IBC

In Aditya Enterprises vs Rajratan Exim Pvt. Ltd.⁴, due to the non-payment of a debt owed to them by a corporate debtor, Aditya Enterprises applied. The adjudicating body stated that just receiving a loan cannot be considered an operational/financial obligation; nevertheless, the purpose of the loan is equally significant. Because the receipt makes no indication of the corporate debtor taking the loan for commercial purposes. The presence of a disagreement does not preclude the occurrence of a default; there is no indication that a due date exists.

In Sree Metaliks Limited and another V. UOI and Anr.⁵, The petitioner had challenged Section 7 of the 2016 Insolvency and Bankruptcy Code, as well as the provisions governing it, in the 2016 Law of Insolvency and Bankruptcy (Application to the Adjudicating Authority). In a petition lodged under section 7 of the IBC, the petitioner contended that IBC 2016 did not provide any chances to hear from a corporate debtor. The Calcutta High Court stated that the necessity for NCLT and NCLAT to follow natural justice principles may be found in Section 7(4) of the Code and Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. It was decided that the NCLT must provide the financial debtor a reasonable chance to present his or her case before admitting the petition filed under Section 7 of the Code.

In Bank of Baroda V.Rotomac Global Pvt. Ltd and Rotomac Exports Pvt Ltd⁶ The COC was suggested by the resolution professional for a 90-day extension of the CIRP. The COC, on the other hand, voted against it. As a result, the RP filed for the corporate debtor’s liquidation. The Competent authority held that the resolution to extend CIRP failed because no resolution plan was submitted within 180 days of the program’s start. As a result, the liquidation of a corporate debtor was acknowledged.

CONCLUDING OBSERVATIONS

Since the inception of the Insolvency and Bankruptcy Code in 2016, the issues relating to creditors and debtors have vastly improved. It has recognized the competent authority for the implementation of more efficient laws since the existing insolvency legislation does not demonstrate reliability due to issues such as delays in appointment and permissions, stock of non-performing assets, and so on. It needs to strengthen the process by attracting a broader variety of strategic purchasers who are prepared to bid on assets and present resolution plans following the code. It can also improve by putting in place more and more effective Asset Reconstruction Companies to help with dispute settlement.

References:

1. https://housing.com/news/ibc-insolvency-and-bankruptcy-code/
2. https://journalsofindia.com/nclat-ibc-and-companies-act/#:~:text=Its%20role%20under%20IBC%3A%20NCLT%20is%20the%20adjudicating,or%20operation%20creditors%20or%20the%20corporate%20debtor%20itself.
3. https://gamechangerlaw.com/ibc-2016-overview-of-the-insolvency-and-bankruptcy-code-2016/
4. https://indiankanoon.org/doc/33528420/
5. https://indiankanoon.org/doc/164560992/
6. https://www.soolegal.com/rc/bank-of-baroda-vs-rotomac-global-pvt-ltd-and-roromac-exports-pvt-ltd-cp-no-ib-70-ald-2017-with-ca-no-74-2018-

Written by Hemant Bohra student at School of Law, Lovely Professional University, Punjab.

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

DEFINITION OF VICTIM

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

INDIA’S CRIMINAL JUSTICE ADMINISTRATION SYSTEM

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

DIFFERENCE BETWEEN THE RIGHTS OF THE ACCUSED AND THE VICTIM

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

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

RIGHTS FOR THE VICTIMS

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

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

CONCLUSION

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

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

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

ABSTRACT

The article makes a sincere effort to capture the journey and improvements made under the Motor Vehicles Act which was first enacted on 1st July 1988 and thereupon amended in 2019 by the act of parliament.

INTRODUCTION

Transportation acts as a vital pillar of the social infrastructural development of any country. In a developing country like India, cheap and efficient means of transportation boosts connectivity. Connectivity aids uniform and cost-effective distribution of goods and services thereby spurring economical development. In such a state of affairs, the development of a robust grid of transportation networks assumes a center space. In the Indian sub context, road transportation is the most sort after category for commercial and personal transportation.

Hence, the need for the development of road transportation was felt hard, keeping in mind the benefits of connectivity. The compelling push for the development of road transport infrastructure combined with the increasing gross income of average middle-class Indian due to economic prosperity led to drastic demand for motor vehicles ranging from commercial ones such as trucks, lorry, etc. to personal ones such as cars, bikes, etc. The effect of this fundamental shift led to the dotting of the national roads with an increased number of motor vehicles culminating in congestion of roads, increased no of road accidents, vehicular crimes, noise pollution, instances of careless and rash driving, etc. all indicating acute need for due and systematic regulation of road traffic.

LEGISLATIVE FRAMEWORKS

A. The Motor Vehicles Act 1988
The Motor Vehicles Act, 1988 ¹ is comprehensive legislation that caters to the needs of providing an effective framework for management and regulation of the vehicular road traffic, minimization of road accidents, and enhancement of road safety. The act was enacted by the parliament and came into force on 1 st July 1989. It replaced Motor Vehicles Act,1939, which earlier replaced the first such enactment Motor Vehicles Act,1914. The Act laid down the detailed provisions relating to the motor vehicles laws and chalked out efficiently even the minutest details such as eligibility, requirements, suspension and disqualification of driving license and learners license, registration of vehicles, permits, insurance, claim tribunals, traffic rules, appeals, compensation, etc. Furthermore, the act provides a vast array of penalties for the violation of traffic rules.

Key Features
1. Object

• The main object of the act was to take care of the increasing number of both commercial vehicles and personal vehicles in the country.
• It sought to encourage the adoption of high-end technology in the automotive sector so as to provide for greater connectivity at affordable prices.
• To lay down road safety standards, pollution control measures, and standards for the transportation of hazardous and explosive materials.
• To lay down procedure and policy so as to liberalize the entry and operation of the private sector in the road transport field which was earlier dominated by the presence and participation of the government sector.
• To lay down parameters and standards for the manufacture and use of motor vehicles parts so as to curb vehicular emissions and protect the environment.
• To provide a mechanism for registration and licensing of newer types of personal and commercial vehicles.
• To chalk out an effective mechanism for tracking down traffic offenders.
• To entail greater flow of passengers and freight with the least impediments so as to address the concerns of transportation dysconnectivity and isolation which led to the creation of regional or local imbalances, thereby leading to economic dysfunction.
• To protect consumers’ interest in the Transport Sector and provide a speedy remedy for adjudication of consumer disputes who had to previously go for the long-drawn procedures of the civil suits as is required under Fatal Accidents Act, 1855.
• To provide for the establishment of claims tribunals for adjudication of compensation to be given to the victims of accidents involving motor vehicles and insurance of the vehicles.

2. The centerpiece of this act was the formation of a comprehensive adjudication mechanism for grant of compensation to the victims of road accidents, as earlier, due to the lacunae of previous legislations, the drivers could escape their negligence and were not held accountable for their actions. The MV Act 1988 provided a vent for the speedy redressal of the above disputes and added to the cause of innocent victims.

3. Section 3 of the Motor Vehicle Act made it mandatory for a driver of the motor vehicle to have a valid driver’s license i.e. DL for driving at any public place which shall be issued to him by the authorizing officer. A DL or learner’s license is valid and effective throughout India.
Furthermore, no vehicle can be driven without obtaining a valid registration certificate under the motor vehicles act. The registration certificate so issued shall be valid from the date of issuing to the next fifteen years which can be further renewed for five more years.

4. Section 4 of the MV Act prescribes the age criteria for driving motor vehicles as per which people under the age of eighteen years and people under the age of twenty years shall not drive a motor vehicle and transport vehicle respectively in any public place. However, a person aged 16 years or more may drive a motor vehicle in a public place with an engine capacity of less than 50cc.

5. Section 6 prescribes restrictions for holding of more than 2 DLs except in the case of learners license or holding of central government vehicle license or others if any, as prescribed by law.

6. Section 8 enumerates the conditions for granting learners licenses. Learners so granted shall be effective for a period of six months from the date of its issuance.

7. Section 9 deals with the grant of a driving license. A DL granted under Section 9 shall be valid for a period of 20 years or until the age of 40 years of the applicant; whichever is earlier and in case of transport vehicle, the DL shall be effective for a period of 3 years. Section 15 is regarding the renewal of driving licenses.

8. Section 19 enumerates about disqualification or revocation of DL by licensing authority after giving reasonable opportunity of being heard to the holder of DL.

9. Section 26 provides for maintenance of a State Register of Driving Licenses, in respect of driving licenses issued and renewed by the licensing authorities of the State Government.

10. Section 146 of the Act makes it mandatory to insure motor vehicles.

11. The Motor Vehicle Act 1988 covers various offenses for the contravention of the rules mentioned therein and lays down penalties for the violation of the same such as Section 39 provides a penalty for not having a valid registration certificate of the vehicle, Section 129 for riding without a helmet, Section 184 for over-speeding and doing rash driving, Section 138(3) for driving the vehicle without fastening seat belt and many more.

B. The Motor Vehicles Amendment Act 2019-
With ever-growing modernization and globalization, a significant pattern of change in the behavioral use of vehicles became evident in 21 st century especially after the year 2010. Instances of reckless and rash driving, violation of traffic rules such as nonuse of helmets, seat belts, use of unregistered vehicles and permits, etc. became rampant and common. The paltry and meager amount of penalties prescribed under the Motor Vehicles Act 1988 for the violation of rules mentioned therein fell acutely short to deter those violations and further perpetuated the careless and reckless attitude of the people. It was in this background that the Motor Vehicles Amendment Act² was enacted and passed by the parliament on 31 st July August 2019. The Act has been in force since 1 st September 2019 and seeks to amend some of the provisions of the Motor Vehicles Act 1988. It aims to make the roads safer and bolster the regulations in order to deter violations of the traffic norms. The act provides for a manifold increase of penalties for the violation of traffic rules, recall of defective vehicles, provisions for the protection of good Samaritans, the constitution of National Road Safety Boards, and a host of other reforms.

Key Features:
1. Compensation for victims of road accidents:
In the context of hit and run cases, the act has significantly increased the fixed minimum amount of compensation to be given in cases of deaths from Rs 25,000 to Rs 2 Lakh, and in cases of grievous injury, from Rs 12,500 to Rs 50,000.

2. Recall of vehicles:
The Act provides for recalling of those defected motor vehicles by the central government which may cause harm to the environment, or to the common people in general.

3. Creation of Road Safety Boards:
The amended Act prescribes the establishment of National Road Safety Boards which will be created by the central government in order to advise the central and state governments on all aspects of road safety and traffic management.

4. Increment in the quantum of fines ³
i. The amended Act has increased the fine for drinking and driving 5 times the penalty prescribed under the older Act from Rs 2,000 to Rs 10,000 along with imprisonment of 6 months. Consequent repetition of drinking and driving would lead to a fine of Rs. 15,000.
ii. Fine for rash driving is now increased from Rs 1000 to Rs. 5000 under the amended act.
iii. There has been a colossal increase of 10 times in the fine for driving without DL which now stands fixed at Rs 5000 in contrast to the earlier chargeable amount of Rs.500.
iv. The amended act introduced a new category of offenses by the Juveniles as per which the Guardian of the Juvenile, who would be the owner of the vehicle will now be fined Rs. 25,000 and up to Rs 3 years of imprisonment for contravention of traffic rules by the Juvenile and the Juvenile shall be tried accordingly under the Juveniles Justice Act. Furthermore, in such cases of contravention and conviction of the juveniles, registration of Motor Vehicles shall be canceled.
v. The amended Motor Vehicles Act lays down standards for the manufacture of motor vehicles parts, the contravention of which would result in a fine of up to Rs 100 crore, or imprisonment of up to one year, or both to the manufacturers of such motor parts.
vi. Section 196 of the amended Motor Vehicle Act, 2019 prescribes a fine of Rs 2000 for driving the vehicle without Insurance.
vii. Section 194 D of the amended Act prescribes a fine of Rs 1000 for riding without helmets and disqualification of license for up to 3 months.
vii. Driving without a seat belt will now be fined at Rs. 1000 under section 194B of the amended Act.
ix. Fine for speeding/racing has now been increased from Rs 500 to Rs 500.
x. Fine for driving vehicles without a permit has been increased from Rs.5000 to Rs. 10000 and fine for over-speeding have been increased from Rs 400 to Rs 2000.
xi. Under section 194 E of the Act; not providing a way for emergency vehicles e.g. ambulances will now cost up to Rs 10,000.

CONCLUSION

The Motor Vehicles Act 1988 was enacted with the objective of improving road traffic management and safety; enhancing the regulatory mechanism of licensing and registration, and minimizing road accidents. However, the compelling forces of modernization of 21 st century made many provisions of this act inconsistent and obsolete with the pace of development of current times, thereby leading to a lack of deterrence and perpetuation of irrational and reckless behavior as regards traffic etiquettes. This led to the enactment of the Motor Vehicles Amendment Act 2019 that sought to take care of the lacunae created due to the inconsistency of the previous Act by systematic consolidation and amendment of the previous Act, thereby prescribing a host of rigorous punitive and improvising measures.

References:

1. https://legislative.gov.in/sites/default/files/A1988-59.pdf
2. https://egazette.nic.in/WriteReadData/2019/210413.pdf
3. https://prsindia.org/billtrack/the-motor-vehicles-amendment-bill-2019

Written by Riya Ganguly student at Bharati Vidyapeeth New Law College, Pune.

About Innoventory Solution:

INNOVENTORY SOLUTIONS is an Independent Patent & Technology Consulting Firm with a focus on innovation to its successful commercialization. We strive to stay centered to align everything with clients’ end objectives and offer a unique blend of innovation technical and Patent expertise to enable independent handling of complex matters.

Pls read more about Innoventory Solutions at https://innoventorysolutions.com/

Duties and Responsibilities

Legal & technical perspective field experience required. Have to work as a unit in the company and should bring creativity to draft a patent.

Skills and competencies

For drafting a patent from a technical approach and should have well-versed knowledge in the ethical process for the patents.

Have some experience in the IPR field. A well-informed person who sits with the team and works on the ideas to draft a patent.

Relationship :

Should be working effectively and efficiently in the company with the group.

Aiming to maintain healthy relationships with

the co-employees.

Perks

1. Working closely with notable law firms

2. Invaluable guidance from budding lawyers and professionals

3. Exposure to legal, strategic, and operational learnings

4. A letter of recommendation

5. Certificate of performance

If you are someone seeking pivotal growth in your learning curve and want to validate your judicial learnings, get in touch today.

Contact Information

info@innoventorysolutions.com

(+91) 9877428600

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About IOCL

IndianOil, a diversified, integrated energy major with a presence in almost all the streams of oil, gas, petrochemicals and alternative energy sources; a world of high-calibre people, state-of-the-art technologies and cutting-edge R&D; a world of best practices, quality-consciousness and transparency; and a world where energy in all its forms is tapped most responsibly and delivered to the consumers most affordably.

Indian Oil Corporation Ltd. has been featuring year after year among India’s Best Companies to Work For and has been recognized as Best Employer among Nation-Builders. Recording an all-time high Profit After Tax of Rs. 21,836 Crore in FY 2020-21, the organisation is propelled to perfection by its high-calibre people adopting best practices aided by state-of-the-art technologies, cutting-edge R&D. To fuel its future growth, Indian Oil is looking for experienced, energetic and dedicated Law Officers with bright academic record and rich experience to join the Organization as Senior Manager (Law) [Grade – ‘D’; Pay Scale: Rs.90000 – 240000]

Detailed eligibility criteria in respect of prescribed educational qualification, age, experience, application procedureshortlisting methodology etc.is in the pdf attached below:

Senior Manager (Law) [Grade – ‘D’; Pay Scale: Rs.90000 – 240000]

Deadline

31st Dec 2021

Application Link

https://ioclapply.com/Home.aspx

Contact us

recruit2021@indianoil.in

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

For regular updates we can catchup at-

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