Tag: lawstudents

Data security is one of the most overwhelming errands for itself and info-sec experts. Every year, organizations of all sizes spend a sizable part of their IT security financial plans safeguarding their associations from programmers’ goal of accessing information through beast force, taking advantage of weaknesses, or social designing. All through this guide are joined that will assist you with more deeply studying the difficulties connected with getting touchy information, guaranteeing consistency with government and industry commands, and keeping up with client security. Alongside the difficulties, you’ll track down guidance on the most proficient method to tackle them.

Aarogya Setu is a versatile application created by the Government of India which interfaces the different fundamental wellbeing administrations with individuals of India. The application is assuming a critical part in our consolidated battle against COVID-19 and presently, has developed as the National Health application to serve individuals of India excellently. The application has concocted an instinctive User Interface and extensive highlights like ABHA (Health ID) creation, disclosure, and connecting of wellbeing records to empower longitudinal computerized wellbeing records, Simplified Consent Management for sharing these records, and a Seamless Search element to find Nearby Hospitals, Labs and Blood Banks.

Aarogya Setu, a COVID-19 following Indian application created by the National Informatics Center under the Ministry of Electronics and Information Technology, was sent off on 2 April 2020. This application is intended to monitor every one of its clients whether they are experiencing the Corona infection illness or have been in ongoing contact with any such individual. The application targets expanding the drives of the Government of India, especially the Health Department in proactively contacting and educating the clients regarding the application concerning the dangers, practices to stay away from them, and significant warnings relating to the regulation of COVID-19. It likewise interfaces fundamental well-being administrations with the resident to battle against COVID-19.

On 14 April, Prime Minister Narendra Modi addressed the entire country to download the App. This App utilizes the telephone’s Bluetooth and GPS framework to keep a record of the well-being status, everything being equal. These records are put away till the client tests positive or pronounces side effects through a self-evaluation study by the application. The information gathered by the application is extensively partitioned into 4 areas segment information (name, portable number, age, orientation, and so forth), contact information (like the general distance between people), self-evaluation information (client’s reaction to the review by Aarogya Setu) and area information (geological area of contact with different clients), altogether known as reaction information.

WORKING ON THE APP

After introducing the application, it gets going with requesting verification joined by the client’s versatile number, trailed by security and protection notice about subtleties which the application will gather. The application demands admittance to the gadget’s Bluetooth and GPS and afterward start the self-evaluation review for certain extremely fundamental inquiries like name, age, orientation, country, side effect agenda (for hack, fever, diabetes, lung sickness, coronary illness, and so on), nations went in most recent 30 days and expert subtleties (medical services laborers/conveyance labor force/police/policing/drug specialist/supermarket specialist/drug specialist/industry laborers). Then, at that point, the dashboard of the application includes the gamble level box illuminating whether the individual is under okay or high gamble class.

DATA COLLECTED AND MANNER OF COLLECTION

(a) When you register on the App, the accompanying data is gathered from you and put away safely on a server worked and oversaw by the Government of India (Server) – (I) name; (ii) telephone number; (iii) age; (iv) sex; (v) calling; and (vi) nations visited over the most recent 30 days. This data will be put away on the Server and a special computerized id (DiD) will be pushed to your App. The DiD will from that point be utilized to distinguish you in all resulting App-related exchanges and will be related to any information or data transferred from the App to the Server. At enrollment, your area subtleties are likewise caught and transferred to the Server.

(b) When two enlisted clients come surprisingly close to one another, their Apps will consequently trade DiDs and record the time and GPS area at which the contact occurred. The data that is gathered from your App will be safely put away on the cell phone of the other enrolled client and won’t be opened by such another client. On the occasion such other enrolled client tests positive for COVID-19, this data will be safely transferred from his/her cell phone and put away on the Server.

(c) Each time you complete a self-evaluation test the App will gather your area information and transfer it alongside the consequences of your self-appraisal and your DiD to the Server.

(d) The App constantly gathers your area information and stores safely on your cell phone, a record of the relative multitude of spots you have been at brief stretches. This data might be transferred to the Server alongside your DiD, (i) assuming you test positive for COVID-19; or potentially (ii) assuming your self-proclaimed side effects demonstrate that you are probably going to be tainted with COVID-19.

(e) If you have tried positive for COVID-19 or on the other hand assume a high probability of you is being tainted, you have the choice to press the Report button on the App which will permit you to either demand a test or report that you have tried positive for COVID-19. The back-end server investigates the bluetooth contacts transferred by enrolled clients who have tried positive for COVID-19. Assuming you have interacted with such people, in light of the contacts transferred from their cell phones your gamble level will be fittingly refreshed. At your only choice, you can likewise get more refined contact following outcomes by squeezing the Report button/Upload information button and consenting to transfer contact information from your cell phone to the Server. On such occasion the information gathered under Clauses 1(b) and (d) and safely put away on your gadget will be transferred to the Server with your assent. At the point when you press the Report button/Upload information button or potentially consent to transfer your information to refine contact following outcomes, the information gathered under Clauses 1(b) and (d) and safely put away on your gadget will be transferred to the Server with your assent.

(f) The App will gather the name, age, orientation, telephone number, address, and ID Proof data of the client, with the end goal of enrollment for COVID-19 inoculation. The enlistment for COVID-19 immunization is discretionary and the information will be gathered with the client’s assent, assuming the client selects enrollment with Coronavirus inoculation through Aarogyasetu App.

(g) The App will work with the confirmation of the User character through the Aadhaar Number of the client with the end goal of enlistment for COVID-19 immunization. The Aadhaar number will not be put away by Aarogyasetu App.

(h) The App will work with the download and reserving of COVID-19 immunization endorsement and COVID-19 inoculation enrollment slip/receipt, through verification of the recipient’s versatile number and recipient ID. For working with this download, the application will require media access consent on the client’s gadget.

CONVENTION BY GOVERNMENT

The convention for the COVID-19 following application was given by the Ministry of Electronics and Information resting rules for sharing the information of Aarogya Setu clients with government organizations and outsiders also. This then brought about the discussion of the protection of the information shared on the application. As indicated by the convention, the reaction information might be shared where it is “stringently important to figure out or carry out suitable wellbeing reaction straightforwardly”.

The information might reach the application’s designer i.e., National Informatics Center, Health Ministry, branches of state/UT/neighborhood government, National Disaster Management Authority, general wellbeing organizations of focus, and state and nearby bodies. The convention additionally sets out that the information been shared will stay for 180 days and afterward naturally erased after the period. This convention will be in force just for a half year from the date of issue.

BARRIERS FOR ADOPTION

For Aarogya Setu to be powerful, the application should be introduced on however many telephones as would be prudent, and clients should routinely refresh their wellbeing status so local area communications can be delineated. The improvement group expressed that no less than half of the populace ought to in a perfect world have the application introduced on their telephones, however, this edge might differ among metropolitan and provincial regions. The tele-thickness in India is extremely slanted in the metropolitan regions when contrasted with the country’s hinterlands. In this way, while it very well may be simpler to raise a ruckus around town limits in huge metropolitan urban communities, it will be undeniably more challenging to guarantee inclusion in provincial regions subsequently reducing the viability of the application in recognizing cases in the medium term as the pandemic spread expansions in country regions.

The Karnataka high court has likewise limited the Center and the National Informatics Center from sharing information of clients who got through the application without their agreement because of a request documented by protection dissident Anivar Aravind.

“At first sight, we hold that there is no educated assent regarding clients of Aarogya Setu application taken for sharing of reaction information as given in the Aarogya Setu Data Access and Knowledge Sharing Protocol, 2020, as there is no reference to the expressed convention in the terms of purpose and security strategy accessible on the application,” a division seat of Chief Justice Abhay Sreenivas Oka and Justice Viswajith Shetty said.

The court, notwithstanding, declined to remain the utilization of the application or utilization of information of the clients previously gathered through it. During the pendency of the request, the solicitor had looked for a heading from the court to limit the Center from continuing with the application and with the information gathered, in any way, whether the assortment of information from the individuals from people, in general, is expressed to be deliberate or compulsory.

PRIVACY ISSUES

The Aarogya Setu application is like the contact following application created by Google and Apple and depends on Bluetooth innovation. In any case, not at all like Apple and Google, it additionally gathers GPS area information. Once introduced, the application first gathers the accompanying segment information from clients: name, orientation, age, calling, travel history and phone number. These subtleties are then hashed to a special gadget ID and transferred to a focal information base. Regardless, the server will be on Amazon Web Services and then, at that point, moved to a NIC server. The application requires Bluetooth and GPS to be turned on constantly and takes administrator access to the Bluetooth settings. Administrator access to gadgets is a security risk as the application can take a lot of information than required.

At the point when two gadgets come into nearness, they trade these IDs with one another. Specialists call attention to the fact that the application utilizes pseudo-static ID rather than the more security safeguarding dynamic pseudo ID similar to Singapore’s contact following application. The area and Bluetooth gadget communication records are put away locally on the telephone, however, when a client begins enlisting side effects of COVID-19, the framework will transfer this information to the local server. Their gadget cooperations are then followed and outlined to show bunches or on the other hand assuming that there are COVID-19 positive patients close by. Authorities say that 15,000 individuals’ area and Bluetooth information has been transferred to the local server.

Additionally, there is no regulation insight regarding the insurance of the web-based protection of Indians, making the clients of the Aarogya Setu application acknowledge the security strategy given by the public authority. There ought to be more straightforwardness in regards to the internal working of the application, particularly when it is advanced by the public authority itself and requests individual subtleties of the resident of the country.

CONCLUSION

The pandemic is a general well-being crisis and individual privileges should be tempered with public reason and everyone’s benefit. Notwithstanding, the Indian government will in general view residents’ information as a characteristic asset to be taken advantage of and adapted. It turns out to be more critical than Aarogya Setu fix its concerns of prohibition for viable wellbeing observing as opposed to building more capabilities. There is a requirement for the public authority to show the viability of the application to fabricate trust among residents and bleeding edge well-being laborers.

REFERENCES

1. Aarogya Setu: Conflicts, https://www.orfonline.org/expert-speak/aarogya-setu-app-many-conflicts-67442/ ( last accessed on 17 July, 2022).
2. Data Governance Policy and the Road Ahead, https://www.barandbench.com/columns/data-governance-policy-and-the-road-ahead ( last accessed on 17 July, 2022).
3. Aarogya Setu and Data Privacy, https://thewire.in/law/karnataka-high-court-aarogya-setu-data-privacy ( last accessed on 17 July, 2022).

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

About Gray Matters LLP

Gray Matters is a firm providing its Consultation and Litigation services in the Corporate and Civil fields. With their immaculate expertise, they are adept at providing upgraded and innovative legal solutions to domestic and international clients. Their firm comprises a highly skilled team of professionals which includes Senior Advocates, Advocates, Chartered Accountants, Company Secretaries, Counselors as well as ExBankers. The Head office of their firm is quartered at Pune but they work in a far-reaching manner to take their services to both domestic as well as an international level. Gray Matters LLP adopts the highest standards of professionalism in their work by aiming to provide practical, feasible and innovative advice with time-bound deliverables to support all of their client’s business objectives and pave a much clearer path for them ahead rather than a bleak one.

About the Internship

Interns will be exposed to various fields of law to get practical knowledge of the legal field which includes:

• Corporate
• Consultation
• Litigation
• Arbitration
• NCLT Matters
• IBC
• Drafting

Date for Interview: 22nd and 23rd July 2022.

How to Apply?

Interested candidates can send their updated CVs to adv.neerajrathi@gmail.com.

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

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About the Firm

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

 About the Internship

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

Joining: Immediate

Deadline: 10 am, 16 July 2022

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

Skills and Experience

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

How to Apply?

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

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

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About the Firm

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

About the Internship

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

Skills and Experience

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

How to Apply?

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

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

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

INTRODUCTION

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

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

DIFFERENCE BETWEEN TREASON & SEDITION

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

TREASON LAW IN INDIA

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

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

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

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

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

THE RELEVANCE OF THE TREASON LAW CURRENTLY

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

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

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

The following are a few case laws:

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

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

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

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

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

CHALLENGES FACED BY THE CITIZENS

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

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

CONCLUSION

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

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

---

REFERENCES

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

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

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

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

⁵ Vinod Dua v. Union of India, 2021.

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

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

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

About the Clergy & Wisemen

De Jure is Dynamic and so is our Law Practice.

Clergy &Wisemen is a full-service law firm deeply focused on assisting early & growth stage businesses with its precise expertise for advancement in today’s competitive market. C&W provides end-to-end legal solutions for business growth and its stabilization. They are a Full-Service Startup Law Firm having its offices in New Delhi and Gurugram.

About the Internship

C&W is looking for Legal Interns to work with our Startup corporate division and Litigation Division. As a Legal intern, you’ll be working at either of their offices in different roles including but not limited to Corporate Research, Contracts Drafting, and Management, Legal Management, Litigation, etc.

• Tenure: 3-6 months (joining is immediate)

• Year of College: Preferably Final or Second Last year of Law School.

• No. Of Openings: 3 ( one for Contracts Drafting and Management, one for Corporate Research, and one for Litigation and Management.
• Mode: Offline/Physical
• Location:  A11, LGF (Backside), Chittaranjan Park, New Delhi, Delhi

Skills and Responsibilities

Since you’ll be closely working with various teams at Law Firms and will also be Interacting with clients, they require candidates who have:

• Good Communication
• Research
• Drafting
• Management skills
• During the course of this Internship, you’ll be assigned roles where you’ll be directly assisting the Law Firm not only with Legal cases but you’ll be contributing toward sustainable growth.

Perks

• Ideas and Coffee are free-flowing.
• Looking Forward to working with like-minded people.

How to Apply?

APPLY HERE

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

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About the Firm

“Cholamandal IP”, an Indian law firm with an international perspective, has been operational since 2016. We are based out of Chennai. Cholamandal IP is primarily engaged in Intellectual Property Rights cases and is proficient in dealing with Patent, Trademark, Copyright and Geographical Indicator registration, litigation and enforcement. The firm is also focused on Media Laws, Competition laws and Environmental laws. The firm has a team of determined and experienced attorneys, well-versed with Indian IPR laws.

The firm undertakes all issues relating to IPR law including filing and registration of Patent, Trademarks, Designs, Copyrights, Geographical Indication, Semi-Conductor Integrated Circuits and Layout Design, Protection of Plant Varieties and Farmer’s Rights and other IP tools along with various other issues relating to the protection of the IP rights and counterfeiting measures, drafting Licenses, Assignment, Registered User, Technology Transfer and other Confidential Agreements, issues relating to the IPR protection and the relevant counterfeiting measures, IPR related litigations at various levels, advising on protection and retention of Copyrights, advising on prevention of Piracy and Infringement, conducting legal due diligence, preparation and drafting of all documents/agreements, legislative and regulatory issues and approvals.

About the Internship

Duration: 15th July-15th August 2022

Mode: Online Internship

Eligibility

• Law students in their 4th and 5th year (5-year Program) and in their 3rd year (3-year Program).

Skills and Experience

• Good research and drafting skills.
• Keen interest in IP Laws.

How to Apply?

Interested candidates can send their updated CV to cholamandalip@gmail.com.

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

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About CLPR

The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit organisation, dedicated to making the Constitution work for everyone through law and policy research, social and governance interventions and strategic litigation.

About the Role

Position: Litigation Associate

Duration: Full time

Location: Bangalore

Responsibilities

• As a Litigator at CLPR, you will be required to work on constitutional law cases relating to their focus areas of gender and caste-based discrimination, disability law and transgender rights.
• Draft writ petitions, appeals, applications and other pleadings.
• Brief and assist senior advocates at CLPR.
• Appear in the High Courts and Supreme Court.
• Carry out research for the cases.

Eligibility

• Undergraduate degree in law and enrolled with the Bar Council.
• Master’s degree in law (preferred).
• Exceptional research, drafting and writing skills.
• 2-3 years of experience in litigation in the High Courts or Supreme Court.

How to Apply?

Interested candidates may send two writing samples, a statement of purpose along with their updated CV to jayna.kothari@clpr.org.in.

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

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

The highest praise given to a king in antiquated history books was that he was just, helped the poor, and punished the wicked. Law-abiding citizens in those days desperately needed protection from powerful lawbreakers. The state’s authority is well established in modern times. While it is true that many crimes go unnoticed, no criminal has a chance of openly defying society. If we read about a man being hunted in the country, we give the poor wretch at most two weeks because we know that by then, the armed forces of the law will undoubtedly have caught up with him. But because of its overwhelming strength over an individual delinquent, it can afford to be kind. Making an effort to comprehend the offender is the least we can do for him. In fact, any wrongdoer who is not simply a born criminal or an incurable maniac is usually only a step away from being a decent person.

Knowing how a crime was committed requires being aware of a criminal’s mental state and deciphering his thoughts. As a result, criminal psychologists play a part. They dissect the incident’s emotional, personal, mental, and societal components. Lawyers frequently interact with criminals to establish a virtual relationship with them and work together to locate the crime scene. Together, criminal psychologists and attorneys work to understand the traits, language, actions, and biases of criminals. Criminal profiling is the official name for it.

WHAT IS PSYCHOLOGY?

As psychology strives to scientifically study behavior, it has undergone significant transformation and diversification. There are now more focused paradigms in place of the globalization and liberalization paradigms that were very popular in the 20th century. Diversification is becoming increasingly necessary in order to comprehend the theory and application of particular aspects. At the same time, a holistic approach is necessary and cannot be disregarded. Thus, it is clear that the notion that interdisciplinary, multicultural, and eclectic approaches are more practical is exemplary.

Governmental organizations must intensify their focus on enhancing legal services as a result of the rising crime rate. Finding the causes of crime, understanding the psychology of criminals, and being able to design interventions at the individual and social levels are also crucial if society is to improve. In sum, it is clear that in order to strengthen community involvement and reduce crime, governmental organizations must intensify their focus on enhancing legal services as a result of the rising crime rate.

From a single murder to a massacre! Have you ever considered the causes of the Holocaust? How can a single person, like Hitler, order the killing of millions of people? And discriminate against people and give orders to kill them based on factors such as caste, religion, race, and political beliefs. Without hesitation, his troops carried out his orders. Crime history is full of cases that raise many questions that can only be clarified by comprehending how people behave. Criminal psychology is important to control the growth of crime and to be able to assist those in need, not just to understand criminal minds or predict criminal behavior.

WHAT IS CRIME?

According to the law, a crime is an act that is either committed or disregarded in violation of public laws. It is also referred to as a crime. There are two parts to it- Mens Rea and Actus Reus. Crime can be characterized as an act that infringes on people’s rights, has an effect on society as a whole, inspires or influences sociopaths and psychopaths, and fosters a culture of mistrust and fear in society.

“It can be challenging to prove that a crime has been committed.” It is situation-based in addition to being contextual. When a soldier in a war situation kills a member of the opposing army, it is regarded as a display of bravery and pride. But it’s regarded as a crime by the general public. It is crucial to take into account whether a civilian crime was committed in self-defense, while under the influence of drugs or alcohol, or under social pressure. As a result, while the legal definition of crime emphasizes an action that violates the law, the normative definition of crime emphasizes an action that violates our moral standards. To sum up, it is ambiguous to categorize an act as a crime because there is no clear definition of what constitutes a crime. Only in relation to the social culture, legal system, and context of the act can the meaning of crime be understood.

RELATION BETWEEN THE TWO: CRIMINAL PSYCHOLOGY

Criminal psychology is the study of criminal behavior, whereby the term “behavior” includes personality, attitude, physiology, learning, motivation, thinking and other cognitive factors that contribute to the act of crime or criminal intentions. Police work also heavily utilizes psychology. Through the examination of a crime scene, investigative psychology, and other behavioral sciences, forensic psychologists or criminal anthropologists assist in identifying the suspects. These professionals are frequently used by law enforcement agencies to gain insight into the minds of potential offenders by determining the offender’s most likely personality type, way of life, and peculiarities.

Criminal psychology aims to control criminal behavior in addition to understanding criminal behavior. Over time, a deeper understanding of psychology, human behavior, and psychiatry have contributed to several important shifts in legal scholars’ perspectives on the law as well as the way the criminal justice system handles mentally ill individuals. Counseling and intervention are therefore crucial for both criminal and victim victims. The scientific study of psychology also involves and incorporates a great deal of research. Thanks to behavioral research, psychologists and legal authorities can better understand crime, criminal intent, and criminal behavior. In the future, both criminal and civil liability will inevitably change due to these complex research practices.

THEORIES ON HUMAN NATURE AND CRIME

Assumptions about human nature are based on three main domains, which are as follows :

1. Conformity perspective: Humans are fundamentally good, conforming beings who are greatly influenced by the attitudes and values of the society in which they live, claims Merton R. K. ‘s theory. This theory makes the supposition that people are creatures of conformity who desire to act morally. What society deems to be right is what is right. Influence from friends, acquaintances, family and other social networks can assist in finding the right thing. Delinquency and crime happen when there is a “perceived discrepancy” between the objectives cherished and materialist values and the accessibility of legal means. High-stress individuals and groups are forced to choose whether to uphold or disregard laws and norms; as a result, they withdraw, conform, or rebel.

2. Non-conformist Perspective: According to this theory, people are essentially illegitimate creatures who, given the chance, would disregard social norms and commit crimes. According to Travis Hirschi’s social control theory, crime and delinquency occur when a person has few or no ties to normative or conventional standards, which indicates a problem with social checks and balances. According to this theory, human nature is inherently “bad” or “antisocial.”

3. According to the third viewpoint, people are essentially “neutral” at birth and pick up all of their beliefs, behaviors, and tendencies from their social environment. This theory contends that social interaction with others is where criminal behavior is learned. Criminal behavior is not brought on by mental illness, emotional instability, or inborn goodness or evilness. People pick up messages from others who were perceived as criminals and use those messages to learn how to commit crimes. This theory is aptly summarized by the axiom that “bad company breeds bad behavior.”

PURPOSE OF CRIMINAL PSYCHOLOGY

Criminal psychology aims to comprehend criminal behavior in order to be able to manage and change it. By creating a psychological profile of repeat offenders and looking into the causes and consequences of their behavior, a criminal psychologist is needed to support police and legal authorities during a case’s investigation. Understanding the offenders and the police officers working the case is important. Human error and resource constraints frequently prevent or delay personnel from accessing case-related information. In order to help investigators deal with cases of mental illness where people are involved in crime, criminal psychologists should also develop guidelines and increase their knowledge.

Criminal psychology also seeks to understand how to resolve problems that emerge between the investigator, offender, and victim during a case investigation. In addition to providing counseling to offenders and victims, it aims to maintain and develop effective interventions for mental health professionals. If schools and colleges are involving students in activities that improve their mental wellbeing and deter them from engaging in violent acts and behaviors, then the role of a criminal psychologist is also understood. Criminal psychology is a specialized field. It’s critical to comprehend the mental health of young people who have engaged in antisocial behavior while in high school or college, as well as how to help them reintegrate into society.

Criminal psychology aims to comprehend developmental problems that could result in criminal behavior. Criminal psychologists have attempted to understand, test, and develop theories to understand developmental issues that may lead to criminal intent and behavior in a lot of the past research that has been done. Criminal psychology deals with and aids in the resolution of cases involving disputes over child custody and marital and family disputes. It’s also important to remember that criminal psychologists are obligated to examine and confirm the mental illness certifications provided by offenders. additionally to offer treatments and counseling to help them get better.

CITATIONS

1. Lawrence Kohlberg’s Moral Development Theory, 1958; Erik Erikson’s Psychosocial Stages of Development, 1963.

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

About the Firm

MAK LAW is a full-service law firm specialising in Intellectual Property Laws, Entertainment Laws and Family Laws. The firm strongly believes in maintaining strong relationships with its clients wherein it fosters the ideology of ‘Legal insight. Business instinct’.

About the Internship:

MAK Law Firm is looking for long-term full-time interns for 1 assessment internship. Applications from law students in their final year of college and freshers in the field of law who are inclined towards legal research, content creation, and drafting are invited.

• Stipend: Rupees 5000/- per month
• Mode: Offline/Physical
• Location: 229/41B, Lane no. 10, Vanasthali, Ballupur, Dehradun, Uttarakhand 
• Duration: 6 months (Subject to Performance)

An ideal candidate should satisfy the following criteria for a chance to be hired:

1. Completion of the law course
2. Performance as an intern
3. Holds keen interest in corporate, IPR, and Family law
4. Oral and written English skills
5. Ability to work in a team and adjust to a corporate structure

Key Responsibilities:

• Legal research includes a summarization of the latest legal developments, case laws, legal provisions, and precedents.
• Assisting the team on cases
• Content creation for articles, write-ups, and blog posts

How to Apply?

Interested candidates may send their cover letter and resume to careers@maklaw.in.

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

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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