Tag: #legalarticle

This article discusses the impact of natural, physical, and social environments, as well as factors such as dysfunctional families, substance abuse, and unemployment. The article emphasizes the need for a multifaceted approach to address these issues and highlights the implications of environmental factors on crime from a legal perspective.

Introduction

An individual’s surroundings hold significant sway over their behaviour, even in ways that may not be immediately apparent. For instance, the force of gravity is a constant presence in our lives, impacting every aspect of our physical being from the way we move to the way we breathe. Similarly, the environment in which we reside can have a profound impact on our actions, particularly when it comes to criminal activity.

The importance of studying the effects of surroundings on criminal behaviour has become increasingly clear as urban populations continue to rise. Historically, cities have had higher crime rates than rural areas, and this trend is expected to persist as cities become more densely populated and technologically advanced. Like our childhood experiences that shape our perspectives and behaviour, our surroundings can greatly influence the likelihood of engaging in criminal activity. To create a safer and more secure society, it is critical to comprehend the intricate connections between social, physical, and natural environments.

Natural Environment and Its Influence on Criminal Activity

The natural environment can have a profound impact on human behaviour and mental states, potentially leading to changes that increase the likelihood of criminal activity. For instance, research has shown that temperature can be a significant factor in predicting certain types of violent crime. Studies conducted in South Korea, Pakistan, the United States, and New Zealand have all found a correlation between higher temperatures and increased crime rates, especially during the summer months. Conversely, lower temperatures have been linked to lower rates of criminal activity. These findings suggest that natural forces can affect individuals both physically and emotionally, potentially leading to out-of-character behaviours that may result in criminal acts. For example, extreme weather events such as hurricanes and heat waves have been shown to increase property and violent crimes. Furthermore, changes in climate and temperature are expected to have even more significant impacts on crime rates in the future.

Air pollution is another natural factor that has been shown to impact crime rates. The presence of pollutants in the air can have neurological effects on individuals, which can affect their cognitive function and lead to an increased risk of criminal activity. For example, a study conducted by Nevin in the United States found a correlation between lead concentration in gasoline, changes in IQ levels, and an increase in violent crime rates. When lead was removed from gasoline, there was a significant decline in the number of individuals with neurological problems and violent crimes. Other studies have also explored the relationship between air pollutants like carbon monoxide, particulate matter, sulfur dioxide, and ozone and their effects on crime rates. For instance, some studies have suggested that higher levels of carbon monoxide can lead to a reduction in burglary cases. These findings highlight the importance of considering the impact of the natural environment on crime rates and the potential role of air pollution in shaping criminal behaviour. Therefore, it is important to consider the influence of the natural environment when analyzing patterns and trends in criminal activity.

Physical Environments in Crime

Physical environments’ impact on crime is increasingly being recognized and studied by developed countries. The issue is not receiving the attention it deserves, despite its significant impact on society. Three levels of study, namely Micro, Macro, and Meso, are used to understand how physical features in our surroundings affect crime. Crime Prevention through Environmental Design (CPTED)^[1] is a multi-disciplinary approach that utilizes urban and architectural design, as well as the management of built and natural environments, to prevent crime.

Understanding the impact of physical environments on crime is crucial in developing effective crime prevention strategies. By examining how features such as building design, street layout, and lighting affect criminal activity, policymakers can design and implement measures that can deter crime and enhance public safety. The study of physical environments and crime prevention is therefore an essential aspect of creating livable and safe communities. Furthermore, adopting a multi-disciplinary approach like CPTED can help foster community cohesion and empower residents to take ownership of their areas, leading to a more proactive approach to crime prevention.

Poor physical planning and the absence of Crime Prevention Through Environmental Design (CPTED) principles can increase the likelihood of criminal activity in a given area. CPTED is a set of design principles that aim to reduce crime by making changes to the physical environment. This can include features such as lighting, landscaping, and the layout of buildings and streets. When implemented effectively, these measures can create an environment that is less conducive to criminal activity.

The broken window theory supports the idea that disorder leads to more crime. According to this theory, observable indications of disorder, such as litter or broken windows, can indicate to potential offenders that an area is not well-maintained, thereby reducing the likelihood of criminal activity being identified and penalized. This can create an environment in which criminal activity becomes more prevalent.

Criminals often exhibit a specific modus operandi when planning and carrying out criminal activities. They tend to look for opportunities and environments that make it easy for them to commit crimes with minimal risks of getting caught or identified. Essentially, crime occurs when the perpetrator identifies a vulnerable target and feels confident that they can get away with the crime. This can include factors such as poor lighting, lack of surveillance, or inadequate security measures in a given area. By understanding the pattern of the approach used by criminals, law enforcement and community members can take steps to prevent crime and create a safer environment for all. This might involve implementing measures such as increasing lighting or surveillance, improving security measures, or increasing community awareness of potential risks and prevention strategies.

The likelihood of crime occurring in a particular location is influenced by the physical environment, as it can shape the perception and behaviour of potential wrongdoers. Criminals often evaluate a location’s vulnerabilities before committing a crime, including factors such as accessibility, visibility, and escape routes. If a location presents challenges to entering or escaping undetected, the potential wrongdoer may reconsider their decision to commit a crime. For instance, a location with high visibility, limited access points, or no direct escape route may deter criminal activity. By designing physical environments with these considerations in mind, it is possible to reduce the likelihood of crime and increase community safety.

Impact of Social Environment on Criminal Behaviour

The social environment in which individual lives can have a significant impact on their likelihood to engage in criminal behaviour. In Hindi culture, there are many proverbs that reflect this idea. One such proverb is “Sangati ka asar padta hai,” which translates to “The company you keep influences your behaviour.” This proverb suggests that the people we associate with can have a significant impact on our beliefs, attitudes, and actions. It is crucial to consider the social environment when examining the root causes of crime and implementing strategies to prevent it. By addressing the underlying factors that contribute to criminal behaviour, such as poverty and lack of education, we can create a more positive social environment that encourages lawful behaviour and reduces the likelihood of crime.

It is widely acknowledged that a significant portion of violent behavior is learned, rather than innate. Specifically, research has indicated that exposure to violence or physical abuse during childhood – particularly within the family unit – can significantly increase the likelihood of engaging in violent behaviour during adolescence. The magnitude of this risk has been estimated to be as high as 40%. It is noteworthy that the absence of effective social bonds and parental failure to impart and internalize conventional norms and values may also render children vulnerable to later engagement in violent behaviour, even in cases where violence is not modelled in the home. This underscores the importance of a supportive and nurturing environment, where children are taught to internalize socially-accepted values and norms.

Furthermore, it is worth mentioning that certain neighbourhoods may provide opportunities for learning and engaging in violent behaviour. This can be attributed to a variety of factors, including but not limited to a lack of economic opportunities, social inequality, and limited access to resources that could support positive development.

Causes of Violent Behaviour

The existence of criminal organizations, particularly those involved in illicit drug trade, and gangs, exposes individuals to high levels of violence, as well as violent role models and rewards for engaging in serious violent activities. While behaviour patterns developed in early childhood can persist in the school environment, schools themselves can also serve as sources of conflict, frustration, and potential triggers for violent responses.

Research has revealed that school dropouts, drug dealers, and those with prior records of violent behaviour are more likely to possess firearms than their non-violent peers. Moreover, growing up in disorganized neighbourhoods and impoverished, minority households have been shown to have a direct impact on the development of violent behaviour in two primary ways. Firstly, limited employment opportunities at the time of transitioning into adulthood can hinder the chances of establishing a stable family life. Secondly, growing up in disorganized and impoverished neighbourhoods can disrupt the natural course of adolescent development.

DYSFUNCTIONAL FAMILIES AND CRIME

The CS&CPC recognizes the crucial role that families play in raising responsible and healthy members of society. However, ensuring the well-being of children requires more than just the efforts of families; it involves the active participation of communities and society as a whole. Dysfunctional family structures are among the primary contributors to future delinquency. These structures can include parental inadequacy, conflict, criminal behaviour, poor communication, lack of respect and responsibility, child abuse and neglect, and family violence. Therefore, it is crucial for crime prevention efforts to address these root causes by focusing on improvements in all three areas: families, communities, and society.

HOUSEHOLD CONDITIONS

Studies have found that witnessing domestic violence at home is a strong indicator of violent behavior among young offenders, with over 50% of them having witnessed wife abuse. Children who experience physical or sexual abuse are also at a significantly higher risk of becoming violent adults. Furthermore, ineffective parenting, lack of parental involvement, and rejection, as well as inconsistent and overly punitive discipline methods, are all consistent indicators of delinquent behavior.

Unwanted and teen pregnancies have also been linked to higher risks of criminality. Additionally, research suggests that dysfunctional parenting increases the likelihood of youth associating with delinquent peers. Early school leavers also face many challenges, including unemployment or under-employment, and it has been found that 40% of federal inmates in Canada have an undetected learning disability from childhood. Therefore, addressing issues related to the home environment and parenting can help prevent future delinquent behavior.

SUBSTANCE ABUSE AND CRIME

Alcohol and substance abuse have a close association with criminal behaviour, with many offenders being under the influence of drugs or alcohol when committing crimes. The regular use of alcohol during adolescence has also been linked to higher conviction rates in adulthood. Additionally, research suggests that exposure to certain forms of media, such as television, can influence the behaviour of children to some extent. Studies have also found links between diet and violent behaviour. Therefore, addressing substance abuse and related factors is crucial for effective crime prevention efforts.^[2]

UNEMPLOYMENT AND CRIMINAL BEHAVIOR

Frequent joblessness is often associated with criminal behaviour. Several studies have revealed that a significant proportion of incarcerated youths and adults were unemployed prior to their arrest. The experience of persistent unemployment can create a sense of hopelessness, especially among young people, and trigger negative behaviours like theft, substance abuse, alcoholism, and violence against children and family members. Similarly, men who are unemployed after being released from correctional facilities are more likely to re-offend. A combination of academic failure and unstable employment situations can lead to continued involvement in criminal activities.

DIVERSE ADDITIONAL RISK FACTORS

The probability of criminal behaviour is influenced by multiple risk factors, which should not be considered in isolation. The major risk factors identified through research include poverty, racism, family violence, parental and community neglect, and problems at school. Many persistent offenders begin engaging in anti-social activities before and during adolescence. Age alone is not a risk factor but should be looked at in the context of these factors. Prevention efforts should be focused on the early childhood years as they are critical for healthy social and emotional development, with birth to age 5 being the most crucial.

Although crime rates among females have increased in recent years, males are still more likely to be involved in criminal behaviour. Research indicates that crime usually involves aggression, risk-taking, and predatory behaviour.

Implications of Environment on Crime: Legal Considerations

The impact of the environment on crime rates has important legal consequences, particularly in regard to the development of more sophisticated and personalized guidelines for sentencing. Studies indicate that individuals who come from less privileged backgrounds are more prone to criminal activity, suggesting that uniform sentencing guidelines may not be suitable for all offenders. Consequently, judges and policymakers may need to take into account factors such as an individual’s socioeconomic circumstances and other environmental influences when determining the most suitable sentence.

It is crucial to strike a balance between individualized sentencing and ensuring public safety. While it is important to consider an offender’s background and environmental influences when deciding on an appropriate sentence, it is equally essential to take into account the severity of the crime committed and the potential danger that the offender poses to society. Sentencing guidelines must be designed to serve the interests of justice, deterrence, and the protection of the public.

Although socioeconomic and environmental factors may play a role in an individual’s criminal behaviour, it is important to avoid using them as an excuse for overly lenient or excessively harsh sentencing. The principle of proportionality should be upheld in all cases, which means that the severity of the punishment should be commensurate with the gravity of the offence committed. Implementing interventions that tackle the root causes of criminal behaviour is an essential step toward reducing crime rates and creating a safer and fairer society. By investing in programs and initiatives that address issues like poverty and social inequality, we can help prevent individuals from turning to criminal activities and create a more just and equitable society.

Conclusion

The environment has a significant impact on an individual’s behaviour, including criminal activity. As cities become more advanced and densely populated, understanding the influence of surroundings on criminal behaviour is increasingly important. Childhood experiences and the effects of gravity are among the factors that must be considered in creating effective crime prevention strategies. Humans are social animals who require other people to live happily, but the environment can affect individuals positively or negatively. Crime is a negative effect of the environment that is a menace to society. A healthy, developed, and nurturing environment raises good, responsible, and righteous citizens, while a bad environment can raise violent, careless, and criminal-minded individuals. Countries must invest in improving all types of environments to reduce high crime rates and create a safer future.

---

Endnotes:

1. Crime Prevention Through Environmental Design (CPTED), (Apr. 27, 2023), ,https://menlopark.gov/Government/Departments/Police/Crime-safety-and-prevention/Crime-Prevention-Through-Environmental-Design#:~:text=Crime%20Prevention%20Through%20Environmental%20Design%20or%20CPTED%20(pronounced%20sep%2Dted,either%20encourage%20or%20discourage%20crime.
2. Waterloo Region Crime Prevention Council, (Apr. 27, 2023), http://preventingcrime.ca/wp-content/uploads/2014/08/Causes_of_Crime.pdf.

This article is authored by Sohini Chakraborty, a first-year law student at RGNUL Patiala.

S.no	Contents
1.	Introduction
2.	Types and Features of Law of Torts in India
3.	Principles of Torts in India
4.	Lack of Awareness Regarding the Law of Torts in India
5.	Implications of Lack of Awareness Regarding the Law of Torts in India
6.	Various Steps to Increase Awareness Regarding the Law of Torts in India
7.	Conclusion

Introduction

The law of torts in India is a complex and multifaceted area of law that governs civil wrongs or injuries caused to a person, property, reputation, or rights. This body of law has developed over time through judicial decisions, statutes, and other sources of law. Throughout history, the law of torts has evolved from homomorphic retaliation to compensatory damages, from negligent liability to multiple liabilities, from absolute liability to relative liability, and then to absolute liability. Since modern times, continental European law has established the status of tort law, while UK and US torts have flourished based on case law. In general, legal law has always had a remedial and preventive function, but the dominant functions have varied in different periods. However, tort has not flourished in India as rapidly as it should have. India largely inherited tort law from Britain, which introduced common law in India in the 18th century. In the quarter century following the 1857 rebellion, the legal system was rationalized and systematized. Mr Frederick Pollock drafted a Civil Law Bill in 1886 which was prepared for the Government of India, although it was never codified. 

Losses were common between 1914 and 1965 but were few and far between during those 52 years. This trend continued and it was found that there were fewer incidents of harm reported. In the current situation, the number of reported cases is increasing, but this is not a justified increase. It is not true that the court would not emphasize its importance, because individual cases have spoken about the right to compensation and its importance. In one such case, Jay Laxmi Salt Works (P) Ltd v State of Gujarat, the court said that “Indeed, the whole law of tort is founded and built on the moral that no one has the right to harm or injure others intentionally or even innocently. It would therefore be primitive to classify strictly or to close the ultimate horizon of tort liability, which is always expanding and growing. Even from the point of view of social development, orderly growth of society and cultural complexity, a liberal approach to damage liability by the courts is more favourable.

In this article, we will provide a detailed explanation of the law of torts in India, including its scope, principles, and remedies. The article with throw light on the basic aspects of the Law of Torts, with defining reasons why the Law of Torts are still ambiguous to the Majority of People in the Country and suggestions for improving it.

Types and Features of Law of Torts in India

Torts in India are primarily based on English common law, which has been modified by local legislation and judicial interpretations. The term “tort” comes from the French word “tort,” which means “wrong.” Torts are civil wrongs that are committed by one party against another, resulting in harm or injury. The injured party has the right to seek compensation or other forms of relief for the harm suffered. The Three prominent Types of Law of Torts are as follows:

Intentional Torts: Intentional Torts are those where the defendant intentionally or with a deliberate motive causes harm to the plaintiff. The harm may be physical, emotional, or financial. Examples of intentional torts include assault, battery, false imprisonment, trespass to land or property, defamation, and conversion.

Negligent Torts: Negligent Torts are those where the defendant’s conduct falls below the standard of care that a reasonable person would exercise under similar circumstances, and this conduct causes harm to the plaintiff. Examples of negligent torts include medical negligence, professional negligence, motor vehicle accidents, and premises liability.

Strict Liability Torts: Strict liability Torts are those where the defendant is held responsible for harm caused to the plaintiff, regardless of whether the defendant was at fault or not. In other words, the defendant is liable even if they did not intend to cause harm, and there was no negligence on their part. Examples of strict liability torts include product liability cases, where a defective product causes harm to the consumer, and liability for hazardous activities like transporting hazardous chemicals, where the harm caused cannot be avoided even with reasonable care

Principles of Torts in India

There are several key principles of tort law in India that help to define and clarify the scope of the law. Some of these principles include:

• Duty of Care: The principle of duty of care holds that a person has a legal obligation to take reasonable care to avoid causing harm to others. This principle is central to many negligence torts, as it establishes the standard of care that a defendant is expected to meet.

• Causation: Causation is the principle that a defendant’s conduct must have caused the harm suffered by the plaintiff. In order to establish causation, the plaintiff must show that their injury was a direct result of the defendant’s conduct.

• Proximate Cause: Proximate cause is the principle that a defendant is only liable for harm that is reasonably foreseeable as a result of their conduct. This principle helps to limit liability to those harms that are closely connected to the defendant’s conduct.

• Contributory Negligence: Contributory negligence is the principle that a plaintiff’s own negligence may contribute to the harm suffered, and may therefore limit their ability to recover damages.

• Res Ipsa Loquitur: Res Ipsa Loquitur is a Latin term that means “the thing speaks for itself.” This principle applies in cases where the harm suffered is so obviously the result of the defendant’s conduct that no further proof of causation is necessary.

Lack of Awareness Regarding the Law of Torts in India

Despite the significance of tort law in India, there is a lack of awareness regarding this area of law. Many people are not aware of their rights and remedies under the law of torts, which can lead to a lack of accountability and redressal for wrongful conduct. There are several reasons for the lack of awareness regarding the law of torts in India:

• Inadequate education and awareness: The first and foremost reason is the lack of adequate education and awareness about Torts laws in India. Most people in India are not aware of what Torts are and how they can be enforced. As a result, they don’t know how to seek compensation or take legal action in the event of an injury or harm caused by someone else’s negligence or intentional act.

• Limited legal literacy: Legal literacy in India is limited, and there is a significant lack of knowledge about the legal system and its procedures. This lack of knowledge leads to people not knowing how to access legal resources or how to file legal claims, including Torts claims.

• Poor enforcement: Another significant reason is the poor enforcement of Torts laws in India. There is a lack of judicial efficiency in India, with a large number of cases pending in courts. This leads to delays in settlement of claims, which discourages people from pursuing legal action.

• Lack of legal aid: Many people in India do not have access to legal aid or representation, which makes it difficult for them to seek justice in the event of harm caused by others. This is especially true for marginalized and vulnerable populations, who are more likely to be victims of harm.

• Limited media coverage: There is limited media coverage of Torts laws in India. The media often focuses on criminal cases, and civil cases, such as Torts cases, are not given much attention. This lack of media coverage contributes to the overall lack of awareness of Torts laws in India.

In conclusion, the lack of awareness of Torts laws in India can be attributed to several factors, including inadequate education and awareness, limited legal literacy, poor enforcement, lack of legal aid, and limited media coverage. Addressing these factors could help increase awareness and understanding of Torts laws and improve access to justice for those who have been harmed

Implications of Lack of Awareness Regarding the Law of Torts in India

The lack of awareness regarding the law of torts in India can have several implications that affect the working of the Law of Torts in the Country. Due to people’s wrong interpretation of the Law of Torts and their failing to understand these laws, the Law of Torts still poses to be an issue that is untouched. The implications can be as follows:

• Denial of justice: One of the most significant implications of the lack of awareness regarding the law of Torts is the denial of justice. When people are not aware of their rights under the law of Torts, they may suffer harm without any remedy. This leads to a sense of helplessness among victims, who may not know how to seek compensation or take legal action in the event of harm caused by someone else’s negligence or intentional act.

• Increased incidents of harm: Lack of awareness of the law of Torts can also lead to an increase in incidents of harm. People may not take necessary precautions or exercise due care to avoid causing harm to others if they are not aware of their legal obligations. This can lead to an increase in accidents and injuries, which could have been avoided if people were more aware of their legal responsibilities.

• Burden on the legal system: When people are not aware of their rights under the law of Torts, they may not seek legal recourse in case of harm. This leads to a reduced number of cases being filed. However, this also puts a burden on the legal system as cases that could have been avoided or settled through alternative means end up in court, leading to longer wait for times and delays in justice.

• Inefficiency in compensation: The lack of awareness of the law of Torts can also lead to inefficiencies in compensation. Victims may not know how to assess the damages they have suffered or what compensation they are entitled to under the law. This can lead to inadequate compensation or overcompensation, depending on the circumstances.

• Negative impact on business and the economy: Lack of awareness of the law of Torts can also have a negative impact on business and the economy. Businesses that are not aware of their legal obligations may cause harm to customers, employees, or other stakeholders, leading to legal liability and financial losses. This can have a ripple effect on the economy, leading to reduced confidence among investors and consumers.

• Inefficiency of the Legal System: The lack of awareness regarding tort law can lead to inefficiencies in the legal system as victims of wrongful conduct may not pursue legal action due to lack of knowledge.

Various Steps to Increase Awareness Regarding the Law of Torts in India

Increasing awareness regarding the law of torts in India is crucial to ensure that victims of wrongful conduct receive adequate redressal and that tortfeasors are held accountable for their actions. Here are some steps that can be taken to increase awareness regarding tort law in India:

• Public education campaigns: Public education campaigns can be launched to increase awareness regarding the law of Torts. This can be done through media channels such as TV, radio, newspapers, and social media. The campaigns can be designed to target specific groups, such as consumers, employees, and business owners.

• Workshops and training sessions: Workshops and training sessions can be organized for lawyers, law students, and other legal professionals to increase their knowledge and understanding of the law of Torts. This can help them provide better legal advice and representation to clients and ensure that justice is served.

• Inclusion in school curriculum: The law of Torts can be included in the school curriculum to increase awareness among young people. This can be done by introducing the concepts of Torts and their implications in civics and social studies classes.

• Collaboration with industry bodies: Industry bodies such as chambers of commerce and trade associations can collaborate with legal bodies and conduct awareness campaigns among their members. This can help ensure that businesses are aware of their legal obligations and can take necessary steps to avoid causing harm to others.

• Legal aid clinics: Legal aid clinics can be set up in various cities and towns to provide legal advice and representation to those who cannot afford to pay for legal services. This can help ensure that people are aware of their legal rights and can seek legal recourse in case of harm caused by others.

• Simplification of legal language: Legal language can be simplified to make it more accessible to the general public. This can help ensure that people are not intimidated by legal jargon and can understand their legal rights and obligations.

Conclusion

The law of torts in India is an important branch of civil law that governs civil wrongs or injuries caused to a person, property, reputation, or rights. Despite its significance, there is a lack of awareness regarding tort law in India. This lack of awareness can lead to a lack of accountability and redressal for wrongful conduct, an increase in wrongful conduct, and inefficiencies in the legal system. To increase awareness regarding tort law in India steps such as incorporation in legal education, public awareness campaigns, translation of legal material, legal aid services, and inclusion in the school curriculum should be taken. Despite the many areas where the public can go to court, Indian tort remains very underdeveloped and unexplored.

One reason that has remained unchanged in the past and present, which has caused the lack of tort cases, is the lack of codified legal laws, which creates a lot of uncertainty in the regulation and resolution of these cases. In addition, the lack of precedents is a problem, as few cases come to court. To promote this goal in a growing country like India, codification and general public awareness are necessary to inform them about their rights and the remedies available in case of violation of those rights. Local conditions must be vigorously addressed and assistance provided so that people can trust the laws. In addition, lawyers and judges who have played an important role in advancing tort law must continue to facilitate these cases.

 If these issues are taken care of, the law can certainly get a good hold in the Indian context due to the growing economic activities which may also involve large-scale violations. This would help give lay people the opportunity to seek redress for any wrong done to them and would be a much-needed development in legal proceedings. It is crucial that the general public is aware of their rights and remedies under the law of torts to ensure that they are protected from wrongful conduct and that tortfeasors are held accountable for their actions.

This article is authored by Rishaan Gupta, a 1st year Student at National Law University, Delhi.

Read More Articles on Similar topics:

1. Development of the Law of Torts and the Role in Shaping Indian Judiciary, http://lexpeeps.in/development-of-the-law-of-torts-and-the-role-in-shaping-indian-judiciary/
2. Law of Torts: An Overview, http://lexpeeps.in/law-of-torts-an-overview/
3. Definitions and Development of Law of Torts, http://lexpeeps.in/definitions-and-development-of-law-of-torts/
4. Relevance of Torts in Present Scenario, http://lexpeeps.in/relevance-of-torts-in-present-scenario/

S.no	Contents
1.	Introduction
2.	What is an E-Contract?
3.	Legal Validity of E-Contracts
4.	Essentials
5.	Validity of E-Contracts under the Indian Evidence Act
6.	Roles of Parties in an E-Contract
7.	Kinds of E-Contracts
8.	Challenges Associated with E-Contracts
9.	Present Dilemmas
10.	Conclusion

Introduction

As we enter the era of digitization, technology has become the backbone of almost everything, from our means of communication to attendance tracking in offices is now seamlessly integrated with technology. It’s no secret that in this day and age, technology is the driving force behind the advancements we see around us. As more companies continue to expand and agreements become increasingly complex, it’s only natural that the contracts themselves should become digitized as well.

Here in India, the rise of online transactions has led to a surge in the use of electronic contracts. These cutting-edge agreements are created and executed through electronic communication and digital signatures, bypassing the need for physical documents or signatures. With this new level of convenience and efficiency, we can now close deals with ease, without having to deal with tedious paperwork or signatures.

What is an E-Contract?

The Indian Contract Act, of 1872^[1], defines a contract as an agreement that is enforceable under the law. Section 2(h) of the Act states that for an agreement to be considered a contract, it must meet certain legal requirements. Interestingly, electronic contracts, also known as E-Contracts, adhere to the essence of Section 2(h) while changing the mode of contract formation. In simple terms, E-Contracts are digital agreements that are created, negotiated, and executed without the need for physical paperwork. The parties involved communicate through electronic means, such as the internet or telephonic media, allowing for a meeting of the minds to take place.

E-Contracts save time and are a step ahead of traditional pen-and-paper contracts as they are entirely paperless and created through digital mediums. Through the use of electronic means, such as the internet or telephonic media, the parties involved in E-Contracts are able to communicate effectively, leading to a meeting of the minds. This not only streamlines the negotiation process but also reduces the need for physical meetings, saving time and resources. Unlike traditional pen-and-paper contracts, E-Contracts are created through digital mediums and are completely paperless, making them environmentally friendly and cost-effective. They are a step forward from traditional contracts, as they are efficient, secure, and authentic.

Legal Validity of E-Contracts

Section 10A of the Information Technology (IT) Act, 2008^[2] is a significant provision in the Indian legal framework that acknowledges the legitimacy and enforceability of electronic contracts. The IT Act was amended to include this section as a response to the increasing use of digital contracts in commercial dealings.

The introduction of Section 10A of the IT Act clarifies that electronic contracts cannot be considered invalid merely because they exist in electronic format. These contracts hold the same legal value and enforceability as traditional paper contracts. This means that parties entering into an electronic contract have the same legal rights and duties as those in a contract executed on paper. The Act not only recognizes the legality of electronic contracts but also sets out certain conditions for their validity. These conditions include making the contract accessible for future reference and using a reliable and secure electronic signature or authentication method. Additionally, it clarifies that any law which requires a contract to be in a particular form or written shall be deemed satisfied if the contract is in electronic form and meets the requirements specified under Section 10A.

Essentials

1. There must be a proposal – one party must offer to enter into a contract.
2. There must be acceptance – the other party must agree to the proposal.
3. Legal consideration must be there – there must be something of value exchanged between the parties.
4. Parties must be able to contract – they must have the legal capacity to enter into a contract.
5. Free consent by the parties – the parties must enter into the contract freely and voluntarily without any coercion or undue influence.
6. Lawful objective – the purpose of the contract must not be illegal or against public policy.

It is essential for an e-contract to fulfil these criteria in order to be valid and enforceable under the law. Therefore, if all the necessary elements of a contract are present in an electronic agreement, it cannot be invalidated solely on the basis of its digital form, making E-Contracts legally binding and valid. It is crucial to establish the legal validity of an E-Contract to ensure that legal action can be taken in case of any violation of the agreement.

Validity of E-Contracts under the Indian Evidence Act

According to Section 65B^[3], any information contained in an electronic record that is either printed on paper, stored, recorded, or copied in an optical or magnetic media produced by a computer, can be deemed to be a document. However, this is subject to certain conditions, including that the electronic record is produced in court in compliance with the provisions of the Indian Evidence Act, and that it is accompanied by a certificate identifying the electronic record containing the statement of the person who had control over the creation of the record.

In essence, Section 65B ensures that electronic records are given the same evidentiary value as physical documents. This provision is particularly significant in the context of electronic contracts, as it reinforces their legal validity and provides parties with a means of proving the existence and terms of an electronic contract in court.

Roles of Parties in an E-Contract

An e-contract usually involves two parties: the originator and the addressee. The originator is responsible for initiating, sending, or creating the electronic message, while the addressee is the intended recipient of the message. The originator could be an individual, a business, or any other organization that initiates electronic communication. They can send an e-contract proposal to the addressee through various electronic channels such as email, messaging platforms, or an online contract management system.

The addressee, on the other hand, may also be an individual, a business, or any other entity that receives the proposal from the originator. Once the addressee receives the proposal, they may choose to accept, reject, or make a counterproposal based on the terms and conditions of the e-contract and the negotiation process between the parties.

Kinds of E-Contracts

The main types of contracts are:

• Shrink Wrap contracts – Contracts that are agreed upon by the end user by opening the product packaging.
• Click Wrap contracts – Agreements that are agreed upon by the end user by clicking on an “I agree” or similar button on a website or software.
• Browser Wrap contracts – Contracts that are agreed upon by the end user by using a particular website or software.

In addition to these, there are also other types of contracts, such as:

• Electronic Data Interchange – It is the type of e-contract that is used in the business-to-business (B2B) context for the automated exchange of business documents.
• E-Mail contracts – Agreements that are formed through the exchange of e-mails between the parties.

Comparing Traditional and E-Contracts

Within the legal domain, it is imperative to recognize the fundamental disparity between conventional contracts and electronic contracts. The former entails a tangible signature and is produced on paper, whereas the latter involves the utilization of digital signatures and is created digitally. In addition, the formation of conventional contracts demands the presence of the involved parties in a physical setting, culminating in elevated transaction costs and protracted processes. Conversely, electronic contracts obviate the need for physical presence, resulting in diminished transaction costs and enhanced expediency.

Challenges Associated with E-Contracts

• AUTHENTICITY AND SECURITY

E-contracts pose various challenges in their formation and enforcement, including concerns about the authenticity and security of electronic documents. Although the use of electronic signatures and digital certificates can ensure authenticity and security, there is always a risk of fraud, hacking, and unauthorized access to electronic documents. As technology advances and individuals become more knowledgeable about it, there is a risk of malicious use that can compromise the privacy of the public. Parties to e-contracts must take adequate measures to protect their electronic documents from such risks, including but not limited to using secure communication channels, employing encryption techniques, and regularly updating their security protocols.

• ENFORCEABILITY

The enforceability of electronic contracts in India hinges on their adherence to the requirements set forth in the Contract Act. Under the Contract Act, parties to a contract must possess the contractual capacity and the agreement must not violate any laws or public policies. Moreover, the contract terms must be lucid and explicit, and the contract must have consideration.

In India, there have been several instances where the enforceability of e-contracts has been challenged in courts of law. One such example is the Trimex International FZE Limited v. Vedanta Aluminum Limited (2010)^[4] case, in which the court upheld the enforceability of an electronic contract, despite the absence of a physical signature. The court declared that the usage of digital signatures and the presence of a valid offer and acceptance satisfied the prerequisites laid out in the Contract Act.

• JURISDICTION

One of the most significant challenges in the realm of electronic contracts pertains to jurisdiction and choice of law. Electronic contracts are frequently established across different jurisdictions, with the involved parties potentially operating under distinct legal systems. Therefore, the clauses regarding jurisdiction and choice of law must be meticulously crafted to ensure that the parties agree on the applicable law and forum for dispute resolution. Failure to properly address these clauses could result in one party being subjected to laws with which they are unfamiliar, potentially leading to non-compliance and undesirable legal ramifications. As such, it is imperative for parties involved in electronic contracts to engage in thoughtful deliberation regarding jurisdiction and choice of law clauses to minimize potential conflicts and disputes.

Present Dilemmas

• AUTOMATED CONTRACTS IN E-COMMERCE

The proliferation of artificial intelligence and machine learning in e-commerce has led to the formation of contracts through automated systems, raising pertinent legal questions regarding their enforceability. The primary concern revolves around whether contracts formed without any human intervention are legally binding and enforceable. With the increasing use of automated systems, it is essential to evaluate the validity of these types of contracts and determine if they adhere to the requirements set forth by contract law. The development of these automated systems has also prompted the need for a clear legal framework to ensure that parties involved in such contracts are adequately protected. Thus, there is a pressing need for legal guidelines and regulations to facilitate the formation, validity, and enforcement of contracts through automated systems.

• ONLINE DISPUTE RESOLUTION

One of the challenges in the enforcement of e-contracts is the possibility of disputes arising between the parties involved. In order to address this issue, there is a need for a mechanism for online dispute resolution, similar to the physical systems that exist for resolving disputes. With the increasing use of technology in e-commerce, the use of online dispute resolution can provide a cost-effective and timely solution to resolve disputes in the same medium in which the contract was formed. This would not only save time and money for the parties involved but also promote trust and confidence in the use of e-contracts.

• DATA PRIVACY

E-contracts often entail the collection and processing of personal data, which can potentially be accessed by individuals with sufficient technological expertise. It is essential that the use of such data complies with applicable data protection laws, including the General Data Protection Regulation (GDPR)^[5] in the European Union and the Personal Data Protection Bill in India, to safeguard the privacy and security of individuals. Adherence to such laws can help ensure that personal data is processed lawfully and transparently, and that appropriate measures are taken to protect against unauthorized access, theft, or misuse of personal data.

• FORCE MAJEURE

It is imperative to update the force majeure clause in e-contracts to account for unforeseeable events that could impede contract performance. Traditionally, force majeure provisions applied to uncontrollable events, such as natural disasters, wars, or labour strikes that were unforeseeable at the time of contract formation. However, given the increasing reliance on technology in conducting business, it is vital to include potential disruptions caused by cyber-attacks, technology failures, or similar events. Thus, it is necessary to include provisions in the force majeure clause that explicitly describe the effect of such events on contract performance, to ensure that e-contracts remain valid and enforceable in these scenarios.

Conclusion

In the contemporary era, the prevalence of e-contracts has become ubiquitous, making it arduous to avoid or anticipate their eventual dominance over traditional contracts. The digital age has witnessed the widespread adoption of e-contracts as a customary mode of contracting. The legal framework governing the formation and enforcement of e-contracts is underpinned by legal principles and statutory provisions. Provided that they satisfy legal requisites, e-contracts are enforceable to the same degree as paper-based contracts. However, the realm of e-contracts poses distinctive challenges, including concerns related to the legitimacy and security of electronic documents, as well as issues related to jurisdiction and choice of law. To ensure the enforceability and validity of e-contracts, parties must implement appropriate measures to mitigate these challenges. Although e-contracts offer notable advantages in terms of expediency and efficiency, parties must remain vigilant to address unconventional challenges. Given that technological progress is inevitable, it is vital for parties to e-contract to be cognizant of these challenges and take appropriate steps to address them.

---

Endnotes:

1. The Indian Contract Act, 1872, Act No. 9 of 1875
2. The Information Technology (Amendment) Act, 2008, Act No. 10, Acts of Parliament, 2009 (India).
3. The Indian Evidence Act, 1872, Act No. of 1872
4. Trimex International Fze Limited v. Vedanta Aluminium Limited, 2010 (1) S.C.C. 574 (India)
5. General Data Protection Regulation (GDPR), https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679

This article is authored by Sohini Chakraborty, a first-year law student at RGNUL Patiala.

Read more about E-Contracts:

• Laws Governing Online Contracts, http://lexpeeps.in/laws-governing-online-contracts/
• Validity and Challenges of E-Contracts, http://lexpeeps.in/validity-and-challenges-of-e-contracts/
• Evidentiary Value of E-Contracts, http://lexpeeps.in/evidentiary-value-of-e-contracts/

Introduction

The law of torts is a significant part of the Indian legal system, providing remedies to individuals who have suffered harm due to the wrongful acts of others. Over the years, the law of torts in India has witnessed significant growth and development, thanks to the active role played by the judiciary. The courts have interpreted and applied tort law principles in various cases, shaping and expanding the scope of the law. In this context, this discussion will examine the growth of the law of torts in India and the role of the judiciary in shaping it. We will also explore how the Indian courts have relied on the principles of tort law in other common law jurisdictions to fill gaps in the Indian law of torts.

Relevance

The law of torts in India has seen significant growth and development over the years, with the judiciary playing a crucial role in shaping and expanding the scope of the law. Tort law refers to civil wrongs or injuries that are committed by one party against another, resulting in harm or loss, and for which the aggrieved party can seek compensation.

The growth of the law of torts in India can be traced back to the colonial period when the British introduced the concept of negligence and other tortious liability concepts to the Indian legal system. Over time, Indian courts have expanded the scope of the law to include various types of torts, such as nuisance, defamation, and trespass.

One of the key factors that have contributed to the growth of the law of torts in India is the changing socio-economic and political landscape of the country. As India has developed into a more complex and diverse society, the legal system has had to adapt to meet the changing needs and demands of its citizens. The growth of tort law has been driven by a need to protect individual rights and interests, as well as to promote social justice and equity.

Another factor that has played a significant role in shaping the law of torts in India is the role of the judiciary. The Indian judiciary has been proactive in interpreting and expanding the scope of tort law, often relying on international legal principles and jurisprudence to guide its decisions. Through its judgments, the judiciary has not only clarified the legal principles and concepts of tort law but has also established new precedents that have had far-reaching implications for the development of the law.

One example of the judiciary’s role in shaping the law of torts in India is the landmark case of M.C. Mehta v. Union of India^[1]. In this case, the Supreme Court of India recognized the concept of absolute liability, which holds industries strictly liable for any harm caused by their activities, regardless of whether they were negligent or not. This decision has had a significant impact on the development of environmental law in India, as it has provided a powerful tool for holding polluting industries accountable for their actions.

Another example of the judiciary’s role in shaping the law of torts in India is the recent case of Shayara Bano v. Union of India^[2]. In this case, the Supreme Court of India declared the practice of triple talaq (instant divorce) among Muslims to be unconstitutional and violative of the fundamental rights of women. This decision has not only had a significant impact on the rights of Muslim women but has also expanded the scope of tort law to include violations of fundamental rights as a tortious acts.

In conclusion, the growth of the law of torts in India has been driven by a need to protect individual rights and interests, promote social justice and equity, and adapt to the changing needs and demands of society. The judiciary has played a critical role in shaping and expanding the scope of the law, through its proactive interpretation and application of legal principles and concepts. As India continues to evolve, it is likely that the law of torts will continue to grow and develop, driven by the changing needs and demands of its citizens and the role of the judiciary in shaping the law.

Criticism of Growth of Torts

The law of torts in India has seen significant growth and development over the years, and the judiciary has played a crucial role in shaping the law. Tort law is concerned with providing remedies for civil wrongs or injuries caused by one party to another. The development of the law of torts in India can be traced back to the colonial period when the British introduced the concept of tort law in India.

One of the significant contributions of the judiciary in shaping the law of torts in India has been the recognition and expansion of the scope of tort liability. In the landmark case of M.C. Mehta v. Union of India^[3], the Supreme Court recognized the principle of absolute liability, which holds that any enterprise engaged in a hazardous or inherently dangerous activity must pay compensation to those who suffer harm from such activity, irrespective of whether or not the enterprise has been negligent. This decision expanded the scope of tort liability and ensured that victims of industrial accidents and environmental disasters received compensation for their losses. Another important contribution of the judiciary has been the recognition of new causes of action in tort law.

For instance, in the case of Vishakha v. State of Rajasthan^[4], the Supreme Court recognized sexual harassment at the workplace as a violation of a woman’s fundamental rights and awarded compensation to the victim. Similarly, in the case of R.K. Anand v. Delhi High Court^[5], the court recognized the tort of criminal contempt, which had not been previously recognized in India.

The judiciary has also played a crucial role in developing the principles of vicarious liability in India. Vicarious liability holds that an employer is liable for the torts committed by its employees in the course of their employment. The doctrine of vicarious liability has been expanded to cover not only traditional employer-employee relationships but also situations where a person has a sufficient degree of control over the activities of another person.

However, there are also some criticisms of the growth of the law of torts in India and the role of the judiciary in shaping the law. One of the main criticisms is that the development of tort law in India has been slow and inconsistent, and there is a lack of clarity on many tort law principles. For instance, there is no clear definition of what constitutes a tortious act, and the standards for determining negligence are not well-defined. This lack of clarity has led to uncertainty and confusion in the application of tort law in India.

Another criticism is that the judiciary’s role in shaping the law of torts has been too expansive, and this has led to judicial activism. Some argue that the courts have taken on a policymaking role in developing tort law, which should be left to the legislature. Judicial activism has also led to an increase in litigation and the clogging of the court’s dockets. In conclusion, while the growth of the law of torts in India and the judiciary’s role in shaping the law have been significant, there are also criticisms of the slow and inconsistent development of the law and the judiciary’s expansive role in policymaking. There is a need for greater clarity and coherence in tort law principles to ensure greater certainty and predictability in their application.

Conclusion

In conclusion, the law of torts has seen significant growth and development in India over the years. The judiciary has played a crucial role in shaping the law through its interpretations and rulings on various tort cases. The courts have often applied principles from other common law jurisdictions to fill gaps in the Indian law of torts. Additionally, the judiciary has expanded the scope of tort liability by recognizing new causes of action and extending the boundaries of existing torts. Overall, the growth of the law of torts in India and the role of the judiciary in shaping it have been instrumental in providing a remedy to individuals who have suffered harm due to the wrongful acts of others.

---

Endnotes:

1. M.C.Mehta v. Union of India, 1987 SCR (1) 819; AIR 1987 965
2. Shayara Bano v. Union of India, AIR 2017 9 SCC 1 (SC)
3. Ibid 1
4. Vishaka and Ors. v State of Rajasthan, AIR 1997 SC 3011
5. R.K. Anand v. Registrar, Delhi High Court, 2009 8 SCC 106

This article is written by Aehra Tayyaba Hussain, a 1st-year B.A. LLB student at Symbiosis Law School Hyderabad. 

S.no	Contents
1.	Introduction
2.	History dating to the origin of Islamic Law in Hindustan
3.	Sources of The Islamic Laws Propagated All over the Nation
4.	Features of The Indian Islamic Laws – The Unity in Diversity
5.	Conclusion

Introduction

Secularism is embedded in the roots of the Hindustani Soil since Ancient History. Whereas Sanatan Dharma is believed to trace its origin in the Indian Nation, Islam was prevalent in the country by the late 8th century after the invasion of Mohd Bin Qasim.

With building Muslim invasions and the Emerging Delhi Sultanate, Islam became an integral part of Indian Society. The evolution of societies took place with Khalijis, Tughlaqs, Lodhis and Mughals ruling India for over 700 years. The ethnic culture shifts and dictatorial rule of the Muslim Invaders were very prevalent reasons for the spread of Islam in the Country. Where History saw rulers like Akbar and Iltutmish stand up for secularism and give equal respect to all religions, hundreds plundered the temples and disrespected the religion.

Hindus and Muslims, the two majorly populated religions of India have been at continuous trifle and violent upsurge throughout the years. With the British ruling India for over 200 years and implementing their ‘Divide and Rule Policy’, it never got better for the people of both communities. At some point, it was the lawmakers and the cognitive Individuals from the Indian democracy who felt the need to bring in some special laws for the Muslims, to respect their religious practices and avoid the futuristic feuds.

Muslim Personal Law (Shariat) Application Act of 1937^[1], is just not another set of laws that enforce legality and order in our system, but also an identity that Muslims have owned for the past 8 decades. The detailed analysis stated below aims to bring out the various sources which have had a major role in shaping Islamic Laws. The sub-topics also feature the detailed History of Islamic Laws in India and their current situation in the Constitution.

History dating to the origin of Islamic Law in Hindustan

Islamic law has a long and rich history in India. The presence of Islam in India can be traced back to the 7th century when Arab traders started visiting the Indian subcontinent. Over time, Islam spread in India, and Muslim rulers established their kingdoms, which had a significant impact on the development of Islamic law in the country. You would have read it in the books of history or seen it in the movies about the laws like jazia, etc. Well, these were the foundations of Islamic Law.

• Pre-Mughal Period

Before the arrival of the Mughals, Islamic law in India was largely based on the teachings of the Quran and the Sunnah. Islamic scholars in India studied and interpreted the Quranic principles and developed a legal system that was specific to India. This system was known as Fiqh, and it was based on the Hanafi school of Islamic jurisprudence. During this period, the Indian subcontinent was ruled by various Muslim dynasties, including the Delhi Sultanate and the Bahmani Sultanate. These dynasties had their legal systems, which were based on Islamic principles.

• Mughal Period

The Mughal period in India (1526-1858) was significant in the history of Islamic law in India. The Mughal emperors were patrons of Islamic scholarship, and they encouraged the development of Islamic law in the country.

During this period, Islamic scholars in India studied and interpreted the Quranic principles and developed a legal system that was specific to India. This system was known as Fatawa Alamgiri, and it was based on the Hanafi school of Islamic jurisprudence. Fatawa Alamgiri was a compilation of legal opinions on various aspects of Islamic law, including marriage, divorce, inheritance, and succession.

• British Period

The arrival of the British in India in the 18th century had a significant impact on Islamic law in the country. The British colonial government introduced secular laws that applied to all citizens, regardless of their religion. However, Muslims in India continued to follow their laws, which were based on Islamic principles.

The British government enacted the Muslim Personal Law (Shariat) Application Act in 1937, which provided for the application of Islamic law to Muslims in India. The act recognized the rights of Muslim women to seek divorce and inherit property under certain conditions.

• Post-Independence Period:

After India gained independence in 1947, the Indian government continued to recognize the importance of Islamic law in the lives of Muslims in the country. The Muslim Personal Law (Shariat) Application Act continues to be in force, and Personal Laws continue to govern personal matters for Muslims in India.

In conclusion, the history of Indian Islamic laws is a long and rich one, dating back to the pre-Mughal period. Islamic law in India has been shaped by Islamic scholars over several centuries and is based on the teachings of the Quran and the Sunnah. The Mughal period was significant in the development of Islamic law in India, and the British period had a significant impact on the recognition of Islamic law in the country

Sources of The Islamic Laws Propagated All over the Nation

Islam is a comprehensive religion that guides its followers in every aspect of their lives. The sources of Islamic law, also known as Sharia, are the primary sources from which Muslims derive their religious guidance. The sources of these laws are dated back to the early 7^th Century and are credible according to the followers of Islam. The apostles of this Religion have carried through these sources and a lot of them have been incarnated in the Laws that represent them. These sources include the Quran, the Sunnah, Ijma, and Qiyas. 

1. The Quran

The Quran is the primary and most important source of Islamic law. It is the holy book of Muslims that contains the teachings and guidance of Allah (SWT). The Quran is the word of God revealed to Prophet Muhammad (PBUH) through the angel Gabriel. It consists of 114 chapters or Surahs, each containing verses or Ayahs that provide guidance and direction to Muslims. The Quran covers a wide range of topics, including theology, ethics, morality, social norms, and legal matters. Muslims believe that the Quran is the final and complete revelation from God to mankind, and it is free from any error or contradiction. Quranic verses that deal with legal matters are known as Ahkam, and they provide the basis for Islamic jurisprudence.

2. The Sunnah

The Sunnah refers to the sayings, actions, and approvals of Prophet Muhammad (PBUH). It is the second most important source of Islamic law. The Sunnah is recorded in the Hadith, which is a collection of narrations about the life and teachings of Prophet Muhammad (PBUH). The Hadith contains the words of the Prophet (PBUH) as well as his actions and behaviour. Muslims consider the Sunnah to be a practical application of the Quranic teachings, and it provides a detailed explanation of the Quranic injunctions. The Sunnah is considered the primary source of Islamic law after the Quran.

3. Ijma

Ijma is the consensus of Islamic scholars on a particular issue. It refers to the collective agreement of the Muslim community on a particular matter. Ijma is considered the third most important source of Islamic law. It is based on the principle that the collective wisdom of the Muslim community is superior to that of an individual. Ijma is based on the Hadith that states: “My community will never agree on an error.” Therefore, when the Muslim community agrees on a particular issue, it becomes binding on all Muslims.

4. Qiyas

Qiyas refers to analogical reasoning in Islamic jurisprudence. It is the process of deducing the ruling on a particular matter based on a similar ruling in another matter. Qiyas is considered the fourth most important source of Islamic law. It is used when the Quran and Sunnah do not provide a direct ruling on a particular issue. Qiyas is based on the Hadith that states: “The likeness of things is the same as the likeness of what resembles it.“

The sources of Islamic law provide guidance and direction to Muslims in every aspect of their lives. The Quran and Sunnah are the primary sources of Islamic law, while Ijma and Qiyas are considered secondary sources. Islamic scholars use these sources to derive rulings on various issues, and they must ensure that these rulings are consistent with the teachings of Islam.

Features of The Indian Islamic Laws – The Unity in Diversity

Islamic law, also known as Sharia, is an integral part of the Indian legal system. Muslims in India are subject to Sharia laws, which govern various aspects of their lives. These laws have been shaped by Islamic scholars over several centuries and are based on the teachings of the Quran and the Sunnah. In this article, we will discuss the features of Indian Islamic laws in detail.

• Personal Laws

Islamic laws in India govern personal matters such as marriage, divorce, inheritance, and succession. These laws are known as Personal Laws and apply only to Muslims. Personal laws are based on the Quran and the Sunnah and are enforced by Sharia courts. Muslims in India have the right to opt for Personal Laws over the secular laws of the country, but they cannot opt for both. Section 2 and Section 4 of The Muslim Personal Law (Sharia) Application Act, 1937 deal with the personal Laws of Islamic Natives.

Article 44 of the Indian Constitution^[2] provides for a uniform civil code for all citizens, regardless of their religion. However, the Indian government has not yet implemented a uniform civil code, and Personal Laws continue to govern personal matters for Muslims.

• Marriage

Marriage is an important aspect of Islamic law, and it is considered a sacred bond between a man and a woman. Islamic law recognizes marriage as a contract between the two parties, and it is subject to certain conditions. The Quran states that marriage should be based on mutual love and respect, and it should be a means of finding peace and tranquillity in life. The age of marriage for girls is fixed at 18 years, and for boys, it is 21 years. Polygamy is allowed in Islam but is subject to certain conditions.

Section 3 of the Muslim Marriages Registration Act 1981^[3], governs marriage and divorce for Muslims in India. The act provides for the registration of marriages and divorces and recognizes the right of Muslim women to seek divorce under certain conditions.

• Divorce 

Divorce is allowed in Islam, but it is considered a last resort. Islamic law recognizes several types of divorce, including Talaq, Khula, and Mubarak. Talaq is the most common type of divorce, and it is initiated by the husband. The Quran prescribes certain conditions for the validity of Talaq, and it also provides for the reconciliation of the parties before the divorce becomes final.

Dissolution of Muslim Marriages Act, 1939^[4], provides for the regulation of Talaq, Khula, and Mubarak. The act also recognizes the right of Muslim women to seek divorce under certain conditions, such as cruelty, desertion, and impotence.

• Inheritance

Inheritance is governed by Islamic law, and it is based on the Quranic principles of equity and justice. Islamic law recognizes the rights of all heirs, and it provides for the distribution of property according to a fixed formula. The Quranic formula for the distribution of property is based on the concept of shares, and it ensures that each heir receives a fair and just share of the property.

The provisions of the Indian Succession Act 1925^[5] provide for the regulation of inheritance for Muslims in India. The act recognizes the rights of all heirs and provides for the distribution of property according to the Quranic formula.

In conclusion, Islamic law plays an important role in the lives of Muslims in India. Personal Laws govern personal matters such as marriage, divorce, inheritance, and succession for Muslims. These laws are based on the Quranic principles of equity and justice and are enforced by Sharia courts. 

The Muslim Personal Law (Sharia) Application Act, 1937, provides for the regulation of these matters and recognizes the rights of Muslim women to seek divorce and inherit property under certain conditions.

Befitting Conclusion to the Topic

Islamic Laws have been an integral part of the Indian Constitution since its very inception. The books of history have always shown us, the hostility that has prevailed between the people of the two prominent communities in India and how it has affected the Nation. The Kolkata riots of the 1930s and 1946, The Partition Riots of 1947, The Gujarat Riots of 2004 and many more have routed the Nation even after the existence of special laws for both communities.
This can signify that there has been some ambiguity on the side of the public to comprehend these laws. After being drafted by the British, The Muslim Personal Law (Shariat) Application Act, of 1937 has been amended time after time to bring out the necessary changes which were required. The abrogation and criminalisation of ‘Triple Talaq’ have been one of those key Legal Amendments that have proved that the Legal authorities stand for Humanity and not for the upliftment of cruel practices of any religion. Despite challenges and controversies, Islamic law continues to be an important part of the legal system in India, and it continues to evolve and adapt to changing social and cultural contexts. Overall, the sources and features of Islamic law in India reflect a complex interplay of history, tradition, and modernity.

In conclusion, this article sheds light on the diverse and complex sources and features of Islamic law in India. A comprehensive overview of the primary sources of Islamic law, their interpretation, and the role of Islamic law in the Indian legal system has been provided. The interplay of tradition and modernity in the evolution of Islamic law in India, which continues to be a significant aspect of the country’s legal system, has been analysed by this Article. All we can hope for is, a legal system that could keep a check on the disparities between the two religious communities and bring out the Unity and Integration, the world has been talking about for centuries now.

---

Endnotes:

1. Muslim Personal Law (Shariat) Application Act, 1937, Act No. 26 of 1937 (India)
2. Constitution of India, art. 44
3. Muslim Marriages Registration Act, 1981, § 3 (India)
4. Dissolution of Muslim Marriages Act, 1939, Act No. VIII of 1939 (India)
5. Indian Succession Act, 1925

This article is authored by Rishaan Gupta, a 1^st year Student at National Law University, Delhi.

S.no	Contents
1.	INTRODUCTION
2.	WHO IS A MINOR?
3.	CAN MINORS ENTER INTO A CONTRACT?
4.	CONTRACTS OF BENEFICIAL NATURE
5.	BENEFICIARY TO A CONTRACT
6.	RESTITUTION
7.	NO ESTOPPEL AGAINST MINOR
8.	RATIFICATION BY A MINOR
9.	VOIDABLE AT THE OPTION OF A MINOR
10.	CONCLUSION

INTRODUCTION

The capacity to contract is a crucial aspect of contract law, which refers to the ability of a person to enter into a legally binding agreement. In other words, it is the legal competence or power of an individual or entity to enter into a contract that creates enforceable rights and obligations between the parties involved.

To be bound by a contract, the parties must have the legal capacity to agree. This means that they must have the mental capacity and legal status required to form a legally binding contract. The law recognizes that certain individuals or entities may not have the necessary capacity to enter into a contract, and therefore, any agreement they make may not be legally binding.

For example, minors, individuals with mental incapacities, and individuals under the influence of drugs or alcohol may not have the legal capacity to enter into a contract. In such cases, any contract they enter into may be deemed void or unenforceable. Similarly, corporations and other legal entities must also have the capacity to contract. This means that they must have the legal authority and power to enter into a contract, as well as the necessary authorization from their board of directors or shareholders.

Overall, the capacity to contract is a fundamental element of contract law, as it ensures that contracts are entered into freely and voluntarily by parties who have the legal competence and power to be bound by them.

WHO IS A MINOR?

According to Section 3^[1] of the Indian Majority Act, of 1875, an individual is considered to have achieved the age of majority once they turn 18 years old, with the exception of two scenarios

• If a guardian has been appointed for a minor’s person or property under the Guardians and Wards Act, of 1890, then the minor will remain a minor until they complete the age of 21 years.
• If a Court of Wards has assumed the superintendence of a minor’s property, then the minor will also remain a minor until they complete the age of 21 years, even if they have already turned 18 years old.

Under the act, minors enjoy a privileged position whereby they can bind others to contracts, but cannot themselves be held accountable for any breaches. This means that a minor cannot be held personally responsible for any wrongdoing they may commit.

CAN MINORS ENTER INTO A CONTRACT?

According to Section 11^[2] of the Indian Contract Act, of 1872, it is explicitly prohibited for a minor to enter into a contract. This prohibition means that any contract entered into by a minor, regardless of whether the other party was aware of their age, will be considered void-ab-initio, or invalid from the outset. This means that even if a minor is just one day away from turning 18, they will still be considered a minor in the eyes of the law, and any contracts they enter into will be deemed void.

Let’s take an example to understand the legal concept of minors and contracts;

In this case, Mr D, a minor, mortgaged his house for Rs.20,000 to a moneylender, who paid him only Rs.8,000. Subsequently, Mr D filed a lawsuit to set aside the mortgage agreement.

The court held that as per Section 11 of the act, a minor is not capable of entering into a contract, and any contract entered into by a minor is void. Therefore, the mortgage agreement between Mr D and the moneylender was void-ab-initio, as Mr D was a minor at the time of the agreement. The court further held that since the contract was void, Mr D was not liable to repay the moneylender any amount of the mortgage. The court allowed Mr D’s request to set aside the mortgage agreement, and the moneylender was not entitled to claim any rights on the property mortgaged by Mr D.

It is a well-established legal principle that minors are generally unable to enter into contracts, given their lack of legal capacity. However, there are two notable exceptions to this rule;

CONTRACTS FOR NECESSARIES

These are goods and services that are necessary for the minor’s support and maintenance. In such cases, a minor can enter into a contract for necessities, and the contract will be binding on the minor to the extent that it is reasonable and necessary.

CONTRACTS OF BENEFICIAL NATURE

 This type of contract is entered into for the benefit of the minor and is therefore binding on the minor. Examples of such contracts may include contracts for education or to advance the minor’s business interests. It is important to note that in both cases, the contracts must be entered into for the benefit of the minor in order to be legally enforceable. These exceptions to the general rule regarding minors and contracts serve to protect the best interests of minors and ensure that they can enter into necessary and beneficial agreements. The principle that a minor cannot enter into a legally binding contract has been firmly established in various landmark cases. One such notable case is Mahori Bibi v/s Dharmodas Ghose^[3], where the court held that a minor’s contract is void ab initio and unenforceable, even if the minor has misrepresented their age or misled the other party into believing that they were of age. The case has been widely cited and has played a pivotal role in shaping contract law in India, reaffirming the principle that minors cannot be held liable for obligations under a contract and can seek to have the contract set aside if necessary.

BENEFICIARY TO A CONTRACT

It is recognized that a minor can serve as a promisee or beneficiary in a contract and that a contract that is advantageous to a minor can be enforced by them. Notably, there are no limitations on a minor serving as a beneficiary, such as in the role of a payee or promisee within a contract. In light of these considerations, it follows that a minor possesses the ability to purchase real property and may initiate legal action to recover possession of the property after tendering payment for its purchase.

RESTITUTION

Where a minor has received benefits under a contract, he is bound to make restitution or return the benefits received. For instance, if a minor enters into a contract to purchase a car and has paid some amount of money, the seller is required to return the money to the minor and take back the car. If a promissory note is executed in favour of a minor, they have the right to enforce it accordingly.

Furthermore, a minor who has extended a loan to someone and experiences a refusal by the borrower to repay the loan based on the voided agreement has the entitlement to reclaim the loaned funds. In a legal context, these principles are crucial for contracts in which minors are involved. It is important to note that this legal principle regarding the capacity of minors in contracts has been demonstrated in various legal cases. For instance, the case of General American Insurance Co v/s Madanlal Sonulal^[4] illustrates how a minor was able to recover insurance funds after a loss, despite the fact that the goods in question had been insured on behalf of the minor. Such cases serve to affirm the legal rights and entitlements of minors in contractual matters.

NO ESTOPPEL AGAINST MINOR

The legal principle of estoppel is intended to stop a person from arguing something or asserting a right that refutes what they formerly said or agreed to by law. However, it is important to note that this principle does not apply to minors in the context of contractual agreements. Specifically, an infant or minor is not estopped from setting up the defence of incompetence due to minority. This is because the law of contract is designed to protect minors from incurring contractual liability, given their limited legal capacity. As such, the defence of estoppel cannot be used against minors in contractual matters.

In situations where a minor misrepresents their age and induces another party to enter into a contract with them, the minor cannot be held liable for the resulting contract. Specifically, no estoppel can be asserted against a minor in such cases. This means that the minor cannot be prevented from pleading their infancy as a defence in order to avoid the contractual obligation.

This is because the law recognizes the limited legal capacity of minors and aims to protect them from the consequences of their contractual agreements. As such, a minor cannot be held responsible for a contract that they entered into while still legally considered a minor, regardless of any misrepresentation that may have occurred. Ultimately, the principle of no estoppel against a minor serves to safeguard the rights and interests of minors in contractual dealings.

According to the ruling in Vaikuntarama Pillai v. Athimoolom Chettiar (1915 Madras H.C.)^[5], “There is a clear statutory provision that minor being incompetent to contract is incapable of incurring any liability for any debt, the law of estoppel cannot overrule this provision to make him liable.” This statement emphasizes that minors are not legally responsible for debts incurred through contracts and that the doctrine of estoppel cannot be used to make a minor liable for a contractual debt. The ruling underscores the importance of protecting minors in contractual matters and ensuring that they are not unfairly subjected to legal liabilities.

RATIFICATION BY A MINOR

Ratification refers to the act of confirming or validating a contract that was entered into while the person was a minor, after they have attained the age of majority. Once a minor attains majority, he or she has the option to either affirm or disaffirm the contract. If the minor chooses to affirm or ratify the contract, then the contract becomes binding and enforceable. By doing so, the minor becomes bound by the terms of the contract and can be held liable for any breach of the contract. It is essential to note that once a contract has been ratified, the right to disaffirm the contract is lost and cannot be exercised again. Ratification can be expressed or implied, and it can be done through words or actions. For example, if a minor purchases a car and continues to use it after attaining the age of majority, then it can be considered an implied ratification of the contract.

VOIDABLE AT THE OPTION OF A MINOR

In cases where a minor enters into a contract that is not for necessaries or of a beneficial nature, the contract is considered voidable at the option of the minor. This means that the minor has the option to either ratify the contract or repudiate it. If the minor chooses to repudiate the contract, then he or she is not bound by the terms of the contract and is not liable for any breach of the contract.

This provision is based on the understanding that minors are not legally competent to enter into binding contracts. Therefore, if a minor is to be held responsible for a contract, it must be a contract that is for necessaries or of a beneficial nature, or one that has been ratified after the minor has attained the age of majority. If a minor decides to repudiate a contract, he or she must do so before attaining the age of majority. Once the minor attains the age of majority, he or she can no longer repudiate the contract. If the minor does not repudiate the contract before attaining the age of majority, then the contract will be considered valid and enforceable.

It is important to note that if the minor ratifies the contract after attaining the age of majority, then the contract becomes binding on the minor, and he or she can be held liable for any breach of the contract. Therefore, it is essential for minors to carefully consider the consequences of their actions when entering into contracts, and to seek legal advice if necessary.

CONCLUSION

It is crucial to recognize that strict rules must be applied to contracts made by minors. It is often questioned why a minor who is one day away from attaining majority and has committed a breach in the contract should get away with it. However, it is important to understand that the law exists to provide a reliable framework to protect individuals’ rights when they have been infringed. Minors are considered to lack the capacity to make informed decisions as they are not yet fully accustomed to the complexities of the real world. Therefore, it is essential to ensure that minors are provided with adequate protection until they reach the age of majority. By adhering to these strict rules, we can create a consistent legal system that protects everyone’s interests, including minors who may be vulnerable in contractual relationships.

---

Endnotes:

1. The Majority Act, 1875, Act No. 9 of 1875
2. The Indian Contract Act, 1872, Act No. 9 of 1875
3. Mahori Bibi v/s Dharmodas Ghose, UKPC 12, (1903) LR 30 IA 114 (India).
4. General American Insurance Co v/s Madanlal Sonulal, (1935) 37 BOMLR 461, 158 Ind Cas 554 (India).
5. Vaikuntarama Pillai v. Athimoolom Chettiar, (1914) 26 MLJ 612 (India).

This article is authored by Sohini Chakraborty, a first-year law student at RGNUL Patiala.

S.no	Contents
1.	Introduction
2.	Types of Hazardous Wastes
3.	Legislator Framework in India
4.	Regulatory Framework in India
5.	Ineffectiveness of Law
6.	Case Laws of Hazardous Wastes
7.	Conclusion

Abstract

This article aims to present an overview of hazardous waste and types of hazardous waste. Further it explain the legislative and regulatory framework in India and after that ineffectiveness of the Law.

Introduction

Human beings always create waste materials which are produced by daily to daily life activities. Activities like washing utensils, washing the floor and sewage water.

Hazardous waste means “danger”. Hazardous waste is very dangerous for our life. Hazardous waste includes so many wastes like harmful medicines, harmful chemicals and harmful industrial waste. Hazardous waste affects our lives in so many ways our skin gets irritated, our eyes become red, breathing rate problems and hair problems create. Pesticides are also included in hazardous waste.

Hazardous waste is very toxic for us and hazardous waste creates so many diseases. Hazardous waste is created by pesticides, pharmaceuticals, and industrial and commercial areas. Hazardous waste means any material that is potentially catastrophic to the environment or human health. This type of waste includes chemicals, toxins, flammable materials, and radioactive substances. Hazardous waste can come from a variety of sources, including industrial processes, medical facilities, and households.

The proper handling and disposal of hazardous waste are crucial to prevent harm to humans and the environment. When not handled properly, hazardous waste can contaminate water, soil, and air, leading to serious health problems, including cancer, birth defects, and neurological disorders.

To reduce the amount of hazardous waste generated, it is important to implement practices such as reducing the use of hazardous materials, reusing products when possible, and recycling. In addition, it is essential to properly label and store hazardous waste and to dispose of it in a safe and environmentally friendly manner.

Types of Hazardous Wastes

There are four classifications of hazardous wastes are as follows –
F-list waste
K-list waste
P-list waste
U-list waste

F-LIST WASTE –
It is a classification of hazardous waste. It doesn’t come from a specific industry. It comes from a mix industry. We didn’t identify the industry of F-waste.

F-list waste includes –
Dioxin-bearing wastes
Wood-preserving wastes
Chlorinated aliphatic hydrocarbons
Spent solvent wastes

K-LIST WASTE –
After the F-list, we read about the k-list. K-list waste is more specific than F-list. We identify the industry of k-list waste. The k-list waste came from industrial waste.

K-list waste includes –
Organic chemicals manufacturing
Primary aluminium production
Ink formulation
Petroleum refining

P-LIST WASTE –
After the K-list waste, we read about P-list. P-list waste is highly toxic. P-list wastes are unused and they are a part of commercial chemical products. Pesticides are part of the P-list.

U-LIST WASTE –
After the U-list waste, we read about U-list, U-list waste is less toxic as compared to the list. We use U-list waste properly so they are not hazardous for us but we do not use them properly so they are hazardous for us.

Legislator Framework in India

Human beings’ duty is to protect nature for natural resources for the future. In Constitution, Part IV-A ( Article 51-A fundamental duties ) says that every human being duty to protect nature against hazardous waste and any other kind of danger. Human beings use natural resources for the future so they have a responsibility to take care the nature.
Further, Part IV (Article 48A directive principles of State Policies) says that the state also has a duty to protect nature and take proper actions to protect nature.

State and human beings have equal responsibilities to protect nature. A well-developed framework came after the UN Conference on the Human Environment (Stockholm,1972). After the Stockholm Conference, the National Council for Environmental Policy and Planning was established in 1972 inside the Department of Science and Technology to introduce a regulatory body to look after environment-related issues. Later, This Council developed into an entire Ministry of Environment and Forests and Climate Change (MoEF & CL).

The United States Environmental Protection Agency (EPA) regulates hazardous waste disposal through the Resource Conservation and Recovery Act (RCRA). This law establishes levels for the management of hazardous waste, consisting of essentials for its transportation, generation, storage, treatment, and disposal.

Businesses and organizations that generate hazardous waste must comply with RCRA regulations by obtaining permits and implementing proper waste management practices. Failure to obey these rules can result in fines and other penalties.

Regulatory Framework in India

The regulatory framework for hazardous waste varies by country, but in general, it involves a combination of national and international laws and regulations. Here are some key components of the regulatory framework for hazardous waste:

• National laws and regulations: Many countries have national laws and regulations that govern the generation, handling, transport, treatment, and disposal of hazardous waste. For example, in the United States, the Resource Conservation and Recovery Act (RCRA) sets standards for the management of hazardous waste, while in the European Union, the Waste Framework Directive provides a framework for the management of waste, including hazardous waste.
• International conventions and agreements: Several international conventions and agreements have been established to address hazardous waste on a global scale. These consist of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which monitors the current of hazardous waste between countries, and the Stockholm Convention on Persistent Organic Pollutants, which seeks to eliminate or restrict the use of persistent organic pollutants (POPs).
• Permitting and reporting requirements: Many countries require permits for facilities that generate, handle, treat, or dispose of hazardous waste. These permits may require facilities to meet certain standards for waste management and may include reporting requirements for the amount and type of waste generated.
• Enforcement mechanisms: Laws and regulations related to hazardous waste typically include enforcement mechanisms, such as fines, penalties, and criminal sanctions for non-compliance. In addition, regulatory agencies may conduct inspections and audits of facilities to ensure compliance with the regulations.
• Monitoring and tracking: Many countries have systems in place to monitor and track hazardous waste, from its generation to its final disposal. This may include the use of tracking manifests, electronic reporting systems, and inspections of waste transporters and disposal facilities.

Overall, the regulatory framework for hazardous waste is designed to protect human health and the environment by ensuring that hazardous waste is managed safely and responsibly. By implementing effective regulations and enforcing them consistently, countries can reduce the risks associated with hazardous waste and minimize its impact on the environment.

India has proper amendments about hazardous wastes are as follows –

• First Amendments Rules, 06.07.2016
  In the exercise of powers given by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 ( 29 of 1986), the Central Government hereby makes the following rules to amend the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, namely:-
  • These rules may be known as Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2016.
  • They shall come into exercise on the date of their publication in the Official Gazette.
• Second Amendments Rules, 28.02.2017
• Third Amendments Rules, 11.06.2018
• Fourth Amendments Rules, 01.03.2019
• Second Amendments Rules, 12.11.2021
• Sixth Amendments Rules, 21.07.2022

Ineffectiveness of Law

While there are laws and regulations in place to manage hazardous waste, there are still several factors that can lead to the ineffectiveness of these laws. Here are a few reasons why hazardous waste laws may be ineffective:

1. Inadequate enforcement: Even with strong regulations and penalties for non-compliance, the laws may not be effective if they are not enforced consistently and rigorously. Lack of funding, resources, and political will can all contribute to inadequate enforcement.
2. Loopholes and exemptions: Some hazardous waste laws may contain exemptions or loopholes that allow certain industries or activities to avoid compliance. For example, some laws may not apply to small businesses or may have less stringent requirements for certain types of waste.
3. Lack of transparency: In some cases, hazardous waste may be illegally dumped or transported without proper documentation or tracking. This can make it difficult to identify and hold responsible parties accountable for their actions.
4. Rapidly evolving technology and waste streams: Hazardous waste laws may not keep up with the rapid pace of technological innovation and changing waste streams. New types of waste and emerging technologies for waste management may not be adequately covered by existing laws, leaving gaps in regulation.
5. Limited international cooperation: Hazardous waste is a global problem, and effective regulation requires international cooperation and coordination. However, there may be limited cooperation between different countries and regions, leading to disparities in regulation and enforcement.

Overall, the effectiveness of hazardous waste laws depends on a range of factors, including enforcement, exemptions, transparency, technological innovation, and international cooperation. Addressing these issues can help to improve the effectiveness of hazardous waste regulation and protect human health and the environment.

Case Laws of Hazardous Wastes

• Love Canal (1970s): Love Canal was a neighbourhood in Niagara Falls, New York, where Hooker Chemical Company dumped 21,000 tons of toxic waste from the 1940s to the 1950s. In the 1970s, residents began experiencing health problems, and investigations revealed that the waste had contaminated the soil and groundwater. This led to the evacuation of the neighbourhood and the creation of the Superfund program, which provides funding for the cleanup of hazardous waste sites.
• Bhopal disaster (1984): The Bhopal disaster was a gas leak from a pesticide plant in Bhopal, India, owned by Union Carbide Corporation. The leak released toxic gas into the air, causing the deaths of over 3,000 people and injuring thousands more. The disaster highlighted the need for better safety regulations for hazardous industries and raised awareness of the environmental and human health impacts of hazardous waste.
• Koko Chemical Company (1988): Koko Chemical Company was a chemical company in Taiwan that illegally dumped hazardous waste, including PCBs, into the ocean. The waste contaminated the fish in the area, leading to a ban on fishing and a public health crisis. The company’s CEO was sentenced to life in prison, and the case led to increased scrutiny of hazardous waste management practices in Taiwan.
• Ivory Coast toxic waste dumping (2006): In 2006, a company called Trafigura chartered a ship to transport hazardous waste from Amsterdam to Ivory Coast. The waste was dumped illegally in various locations around Abidjan, the country’s largest city, leading to thousands of people reporting health problems. The incident prompted calls for stronger regulations on the transport and disposal of hazardous waste.

These cases illustrate the serious consequences that can arise from improper management and disposal of hazardous waste and highlight the importance of regulations and enforcement to protect human health and the environment.

Conclusion

Hazardous waste control by using windmills, solar energy and so many things come from nature so they produce less waste. We use natural things instead of made chemicals. Chemicals are full of toxicity. Chemicals are very dangerous for our life and animals also. Dogs and cats and so many animals are also in danger with us. Hazardous wastes are very dangerous for small children. Pregnant women and elders are also away from hazardous wastes. 

We take proper steps to get over this problem as follows – 

• We use natural things
• We don’t use plastic bags 
• Sewage waste 

In Delhi, a huge mountain is formed by waste so this is dangerous for our life. Due to this Ganga is also polluted and in festivals, we bathe in Ganga and do puja also due to the puja waste increase. Diya’s and flowers float in Ganga. We control this custom so that our future generation enjoy the fresh air and Ganga. We buy clothes so mindlessly due to this also waste is produced. We throw packets of milk, Maggi and lays in dustbin and we cannot cut properly so we cannot recycle these packets and they become waste. We mix wet waste and dry waste. We didn’t purchase clothes mindlessly and we cut the packets in a proper way so that we recycle them. 

Some clothes are not recyclable in nature so we cannot use or minimise the usage of that cloth. We didn’t mix the wet and dry waste so that waste is recyclable and that waste does not become hazardous waste. In the current scenario, waste is increasing day by day and they create threatening situations for us we cannot help us. Executive and legislative both make effective laws with sanction so that waste products is decreased. Pollution is created by waste. Pollution is also very bad for our health. 

Overall, it is important to understand the dangers associated with hazardous waste and to take steps to reduce its generation and properly manage and dispose of it. By doing so, we can protect human health and the environment for generations to come.

---

Reference

1. https://cpcb.nic.in/rules/

This article is written by Varsha Goel, a 2nd-year law student at Kurukshetra University.

S.no	Contents
1.	Introduction
2.	Constant Turbulence Between Article 13 and Article 368
3.	The Parliament’s Comeback
4.	The Conflict Between the Judiciary and Former Prime Minister Indira Gandhi: 39th Amendment
5.	The Contextual Constitution
6.	Conclusion

The Preamble, which is incorporated into the basic structure of the Constitution, demonstrates the relevance of Article 368[1] even to the present day. Recent amendments to the Constitution concerning fundamental rights are made by Parliament. The Constitution, including its fundamental rights, was initially drafted in response to the socio-political requirements deemed necessary at the time. These requirements may not be sufficient or appropriate for the rapidly expanding socio-economic, technological, and legal climate of today. As a result, it is always necessary to amend the Constitution. 

For instance, the 86th Amendment to the Constitution in 2002 made the right to education a fundamental right. In a similar vein, Articles 19(f) and 31 of the Constitution were struck down by the 44th Amendment in 1978, rendering the right to property non-essential. The extent of Article 368’s authority to modify fundamental rights has been interpreted by higher  Indian courts. 

In Sajjan Singh v. State of Rajasthan[2], for instance, the dissenting opinion stated that Article  368 did not grant the Parliament absolute powers and could not be used indiscriminately to usurp citizens’ fundamental rights. Even though there is a lot of literature on how to look at  Article 368 from the point of view of changing the basic structure as a whole, very few recent cases have focused on specifically changing fundamental rights from a legal point of view.  Therefore, I as an author want to fill that knowledge gap. 

From Shankari Prasad v. Union of India[3] in the First Constitutional Amendment Act of 1951 to Waman Rao v. Union of India[4], I will aim to trace the path. I will sincerely put efforts into determining the reasoning behind the bench’s various decisions challenging or upholding certain Parliamentary amendments to fundamental rights, as well as include their own opinion on the subject in the analysis section. I will be using doctrinal methods for in-depth research, also I will address the principles of the law and the constitution, as well as provide a sociopolitical context for the decisions made. 

Introduction

The basic structure of the Indian Constitution includes the fundamental or essential elements that run throughout the document or serve as its foundation. It joins significant arrangements of our Constitution, without the ground standards is outlandish. 

Because of its goal of achieving equity, for instance, the 2019 Constitution (One Hundred and  Third Amendment) Act, which makes reservations for economically disadvantaged groups,  has implications for Article 14 of the Constitution, which is the first fundamental right.

Additionally, on February 4, 2022, the Rajya Sabha debated K.J. Alphons, a BJP Kerala MP,’s proposal to amend the Preamble of the Constitution with a private member’s bill. This was gone against by the RJD MP Manoj Jha and MDMK MP Vaiko in December 2021, on the grounds of abusing the standard in the Kesavananda judgment which was that law and order are essential for the fundamental construction of the Indian Constitution. 

As a result, Parliament would be unable to alter any aspect of the Constitution’s fundamental structure. Fundamental rights are included in the Constitution’s fundamental structure in Part III. According to A.V. Dicey, a nation is said to adhere to the rule of law only if it upholds citizens’ liberties. Article 368 of the Constitution both grants and restricts Parliament’s powers to amend specific sections of the Constitution. 

Constant Turbulence Between Article 13 and Article 368

First Constitutional  Amendment According to Article 13 of the Indian Constitution[5], the Parliament cannot enact laws that restrict, infringe, or violate the fundamental rights outlined in Part III. In contrast,  Parliament is empowered to amend specific sections of the Constitution by Article 368. There is still no answer to the question of whether the two articles can coexist harmoniously. 

The fundamental rights, Preamble, basic structure, and other elements necessary to regulate the three organs of governance and the Indian people are all encapsulated in the Constitution,  according to many. The amount of power Parliament has under Article 368 to amend the  Indian Constitution is symbolized by the scissors used to cut or change the cloth into something else. 

The Constitution only contained seven fundamental rights when the 1st Constitutional  Amendment Act of 1951 was enacted, including the right to property under Articles 31A and  31B[6], which was later eliminated by the 44th Constitutional Amendment. 

The introduction of this right at the time of independence was motivated by two reasons: first and foremost, to boost agricultural production; secondly, to provide farmers, cultivators, and the rural population, who were oppressed by the pre-independence zamindari system, with opportunities, land, and job security. 

They used socialist-welfarist methods and set limits on how much land a person could own to prevent too much land and power from being concentrated in a few hands; a term that is comparable to constitutionalism. In addition, the State was permitted to legally seize someone’s property instead of providing compensation for rehabilitation following displacement. 

A revolutionary policy of the Indian National Congress later led to the establishment of such an exploitative structure to close the gap between the widespread inequality in land ownership. Further changes were set up by the ideological group through the Agrarian Changes Council with Administrator J.C. Kumarappa, overcoming the need to keep the right to property as a key right in a free India.

The 9th Schedule and reasonable restrictions stipulated in Article 19(1)(g)[7] were also included in the First Amendment Act, making it possible for the government to completely or partially acquire the person of any individual. Many citizens were dissatisfied with this Act because it reduced the scope of the most important aspect of the Constitution—the fundamental rights— and gave the Centre too much power to interfere with their lives. 

They filed a case against this Amendment Act in the Supreme Court of India because the Parliament did not have the authority to change fundamental rights. This case became known as Shankari Prasad v. Union of India[8], which was a landmark decision. 

The Supreme Court held that Article 368 allowed Parliament to amend any of the fundamental rights through Constitutional Amendments and that the changes made by the first Constitutional Amendment stand. This proportion smothered the fight for control between the lawmaking body and the legal executive since they explained that Article 13  simply applied to common privileges and not Protected Revisions. 

Numerous state governments incorporated their respective Land Reforms Acts into the 9th Schedule of the Constitution as a result of this decision. This had a significant impact because, normally, any law that violates fundamental rights would be invalidated; however,  by including it in the 9th Schedule, the laws would not be invalidated regardless of whether they violate fundamental rights. 

In Sajjan Singh v. State of Rajasthan[9], this provision of the 17th Constitutional Amendment was challenged. With a 3:2 vote, the five-judge bench decided that the 17th Constitutional Amendment Act does not fall under Article 13. Chief Justice P.B. Gajendragadkar looked into the deeper intentions of the people who wrote the Constitution and concluded that they didn’t want to protect fundamental rights completely because they didn’t put in place a clause that said fundamental rights couldn’t be changed. As a result, both Shankari and Sajjan appeared to favour Article 368 over Article 13. 

The disagreeing assessment given by Equity M. Hidayatullah and Equity J. R. Mudholkar set forward the inquiry with regards to whether changing an essential element of the Constitution would be considered as a revision or as a revamping, and thus, whether the ability to roll out this improvement was presented by Article 368. 

This reexamining of the composers’ aim drove the Court to allude the case to a bigger seat,  forming it into the Golaknath v. State of Punjab[10], which tested the Sajjan choice. By the majority’s decision in Sajjan, the 11-judge bench ruled that the parliamentary powers granted by Article 368 were not absolute and that the Parliament cannot curtail fundamental rights because they are included in Part III, giving them a transcendental status outside of the  Parliament’s purview. In addition, it stated that any amendment violating a fundamental right granted by Part III is unconstitutional, restricting the Parliament’s authority and requiring a  judicial review. 

Golaknath, in contrast to Shankari and Sajjan, prioritized Article 13 over Article 368 because the Supreme Court ruled that Parliament can enact a Constitutional Amendment. This decision by a larger bench of the Supreme Court effectively overturned its previous two decisions and sided with those who opposed amending fundamental rights. 

The Parliament’s Comeback

The 24th Constitutional Amendment, which removed the right to property as a fundamental right that had been included in the 1st Constitutional  Amendment, was challenged in the courts shortly after Golaknath by a large number of cases brought by the general public. The Supreme Court had to clarify that Golaknath would apply retroactively to previous amendments to prevent all of this chaos. 

The Golaknath case narrowed the scope of Parliament’s powers, while the first constitutional amendment restricted the scope of fundamental rights. The decision to enact the 24th Constitutional Amendment, which effectively added a fourth sub-clause to both Articles 13 and 368, was made by Parliament to expand its power to amend. 

The 24th Amendment stated in Article 368(4) that if Parliament enacts another Constitutional  Amendment, it will not apply to Article 13, whereas Article 13(4) stated the opposite to reverse the Golaknath decision. As a result, following the passage of the 24th Amendment  Act, the position was that Parliament could alter any section of the Constitution, including fundamental rights. 

Following the 24th amendment, additional constitutional amendments were enacted to repeal previous amendments that restricted citizens’ rights. The 29th Amendment introduced land reforms, while the 25th Amendment restricted property rights. In 1947, the Privy Purse, a  payment made to ruling families to give up their powers and merge their princely states, was made obsolete by the 26th Constitutional Amendment. In Kesavananda Bharati v. State of Kerala[11] and Golaknath’s position as well, the 24th, 25th, 26th, and 29th Constitutional Amendments were challenged. 

The Supreme Court made it clear that Parliament has the full power to change fundamental rights even before the 24th and 26th Amendments to the Constitution. The 24th Constitutional Amendment, which clarified parliamentary powers, was also upheld by the  Court. In this instance, the issue of how much power the Parliament has over the applicability of fundamental rights came up once more. The Court decided to take a balanced approach in support of a harmonious interpretation, which is referred to as the basic structure doctrine. It did not investigate whether Article 13 or Article 368 is more powerful. 

The Conflict Between the Judiciary and Former Prime Minister Indira Gandhi: 39th Amendment

On the twelfth of June 1975, Allahabad High Court set out a verifiable choice wherein they suppressed the discretionary triumph of Indira Gandhi’s administration, referring to proof of constituent misrepresentation. They also decided that no one in her cabinet could hold an election office position for six years as punishment. 

After that, Indira Gandhi appealed to the Supreme Court. Just one day before the hearing, she enacted the 39th Constitutional Amendment Act and declared a national emergency on the grounds of internal unrest.

The 39th CAA resulted in the addition of Article 329A and the elimination of Article 71. The dispute over the election was still before the Court at this point. According to Article 329A,  an independent body would handle all electoral disputes involving the Speaker of the Lok  Sabha, the Prime Minister (at the time, Indira Gandhi), the President, or the Vice President. 

Because of the death of this CAA, the forthcoming legal dispute against her could as of now not be active. As a result, the 39th CAA’s goal was clear: to allow Indira Gandhi to continue serving as India’s Prime Minister without interference. The constituent outcomes incidentally showed that Janata Dal Party won the political decision overwhelmingly, making Morarji  Desai the new State head. 

As a result, Indira Gandhi was forced to resign from her position reluctantly. The ruling party then decided to remove Article 329A, which was found to be unconstitutional in the case of  Indira Gandhi v. Raj Narain[12], applying the principles of the Kesavananda case, to undo everything the previous government had done wrong, including the 39th CAA and the unsolicited national emergency. Article 71 was likewise brought back, which offered back the powers to attempt constituent questions to the High Court. 

The Contextual Constitution

After the emergency period under Indira Gandhi’s rule in  1975, the 42nd Amendment to the Constitution made a significant number of changes to prevent similar power abuses from occurring again. It underwent two significant modifications: To begin, it added sub-clause 4 to Article 31C, which discusses property rights; Second, it added paragraphs 4 and 5 to Article 368. 

Article 368(4) stated that Parliament can amend, alter, or remove any fundamental rights under Part III and cannot be subjected to judicial review like Article 31C(4). On the other hand, Article 31C(4) stated that any law could be put in Part IV under the Directive Principles of State Policy (DPSP), even if it violates fundamental rights under Part III. This made it immune to even someone challenging it before the courts. 

As a result, Parliament can add or change any provision in Parts III and IV. The Parliament was granted absolute amending powers by Article 368 (5). Since the legal powers were diminished and the decent methodology in Keshavananda, the 42nd Established Alteration was tested in Minerva Mills v. Union of India and Ors[13]. 

Conclusion

The petitioners in Minerva owned the Bombay Minerva Mills company, which the government occupied under the guise of nationalization. In this case, the Supreme Court  ruled that the 42nd Amendment and all of its amendments were unconstitutional because of  the following three fundamental characteristics: 

First, judicial review, in which rights granted by courts of law are regarded as fundamental  features and cannot be suppressed through an amendment by Parliament; 

Second, Parliament’s limited amending power, which means that Parliament cannot use its limited amending power to expand its capabilities; Thirdly, the balance between Parts III and IV must be maintained so that DPSPs and fundamental rights do not conflict.

All the Established Alteration Acts after the Kesavananda essential regulation case were tested in Waman Rao v. Union of India[14], where the most relevant issue that emerged under the watchful eye of the court was regardless of whether these alterations sabotaged the fundamental construction. 

The Court provided an odd solution to this question by stating that the Kesavananda-based basic structure test will be applied in future amendments and laws. As a result, the Court made it clear that any amendment to the Constitution made after April 24, 1973, can be challenged if it does not adhere to the basic structure doctrine. 

As a result, this case reaffirmed the significance of the Kesavananda rule by allowing  Parliament to alter a portion of the fabric—representing the Constitution—but not the entire fabric. Even though Parliament had the power to change any part of the Constitution,  including the Fundamental Rights, this did not mean that the Constitution’s fundamental structure could be changed even by a Constitutional Amendment. This shows how strong the  Constitution still is in the social and political context of today. 

---

Endnotes

1. The Indian Constitution, Article 368
2. Sajjan Singh v. State Of Rajasthan, 1965 AIR 845, 1965 SCR (1) 933
3. Shankari Prasad v. Union of India, AIR. 1951 SC 458
4. Waman Rao v. Union of India, (1981) 2 SCC 362
5. The Indian Constitution, Article 13
6. The Indian Constitution, Article 31(A) and Article 31(B)
7. The Indian Constitution, Article 19(1)(g)
8. Ibid 3
9. Ibid 2
10. Golak Nath v. State of Punjab, AIR. 1967, SC 1643
11. Kesavanand Bharti v. State of Kerala, AIR. 1973 SC 1461
12. Indira Gandhi v. Raj Narain, AIR 1975 S.C. 2299
13. Minerva Mill Ltd. v. Union of India, (1980) 3 SCC, 625
14. Ibid 4

This article is written by Shaurya Sharma, a third-year law student from Fairfield Institute of Technology and Management.

S.no	Contents
1.	Introduction
2.	The Consumer Protection Act
3.	Features of The Consumer Protection Act 2019
4.	Rights of The Consumers
5.	The Consumers Protection Act 2019 Authority
6.	Issues with Consumer Protection Act, 1986
7.	Consumer Protection Act 2019 Amendment
8.	Consumer Protection Act Demonstration and Direct Selling
9.	Supreme Court Cases
10.	Different Features of the Consumer Protection Act 1986 and 2019
11.	Conclusion

Introduction

Each person purchases different goods and services in their everyday life. Anything they purchase needs to Pay for itself and get fulfilment from its utilization and use. But now and again they don’t feel happy with the item they buy. This might be a record of low quality of the item, cheating by the retailer, lower nature of constants, deceiving promoting, etc.^[1]

The digital era has guided and immensely filled in this new period of online business and acquired its degree new assumptions and wants of the shoppers. It has now become effectively available, with more extensive decisions to the customers, and gives viable techniques for business.

Because such a transformation is achieved by digitalization, the consumer protection act, of 1986 had a few difficulties and confronted numerous mishaps which required quick consideration. Be that as it may, the public authority achieved an extraordinary change and presented the Buyer Security Act, 2019 which came into force on 20 July 2020. This previous sanctioning had been reconsidered once in a while to get it congruity with changes achieved by globalization, financial progression, digitalization of items and administrations, and so on be that as it may, its execution was far to accomplish its ideal goal of financial regulation which looked to give security of the interests of the customers. While then again the new Buyer Insurance Act, 2019 will fortify and upgrade the extent of assurance given to the purchasers by redoing the promoting claims, supports, disciplines, prison terms, organization of the debates, and different variables.

The Consumer Protection Act

Consumer Protection Act^[2] is a law that protects consumers from unfair, harmful methods by businesses and sellers of goods and services. First Consumers Protection Act came in 1986 and the parliament of India elected it. It also gives consumers the right to Safety, Choice. Also, the Consumers Protection Act imposes duties and liabilities on producers. It gives hope for the bits of help of helpless consumers. This Consumers Protection Act came as a “Panacea” for consumers all over the country. The Consumers Protection Act makes a system name “three-tier” it is set up at the State, District, and National levels. The Consumer Protection Act was replaced by the Government as The Consumers Protection Act 2019.

Features of The Consumer Protection Act 2019

The Consumer Protection Act 2019 has some features that are: 

• The Consumer Protection Act defines a consumer as a person who buys goods and services with careful thought. 
• Consumer Protection Act does not allow goods and services for commercial purposes. 
• Consumers Protection Act covers transactions with all modes online, and offline through electronic, also multi-level marketing. 
• For Consumer Protection Act central Government made set up it was CCPA (Central Consumer Protection Authority). 
• It protects and enforces the right of consumers CCPA impose a penalty for those who supply goods up to 10 lacks and two-year imprisonment for any false advertisement.
•  For subsequent offense fine extend to Rs 50 lakh and imprisonment for five years.

Rights of The Consumers

In The Consumer Protection Act 2019, Consumers have some rights that are:

• Consumers have the right to know all the information related to the goods and services, like goods and services quality, quantity, how much pure, and also the prices should inform the consumer. 
• Sometimes consumers’ right to protect goods and services can be dangerous to their life and property. Rights to protect from hazardous goods and services.
•  The consumer has the right to be protected from unfair trade practices. 
• They have the right to access a variety of goods and services.
•  Consumers should have the right remedy or compensation for any losses or suffering.
• Right to give consumers proper education.
• Also, the consumer has the right to need a clean and healthy environment.

The Consumers Protection Act 2019 Authority

• The central government establish an authority to protect consumer goods and services, which is CCPA (Central Consumer Protection Authority) as a regulatory authority.
•  CCPA protects consumer rights and regulated some cases that are related to unfair trade practices. 
• CCAP gives power to consumers.
• Consumers can take Suo-Moto action, recall the product and cancel licenses. 
• CCAP has the right to investigate consumer law violations.

Product of Goods and Services Liability

The huge expansion to the 2019 demonstration is the arrangement for item obligation by which the makers or specialist co-ops have been made dependable to repay the purchaser for any mischief, injury, or misfortune experienced because of damaged items, or lack of help. This additionally incorporates web-based business inside its ambit and even they can’t get away from the fury of the go-about as now the item responsibility has been stretched out to the specialist co-ops and not simply restricted to the producers.

• The defeat of some Design. 
• Responsible for all the compensation for injuries and damages. 
• Services of the product provided faulty.

Issues with Consumer Protection Act, 1986

• Remove all the  imperfections from the goods;
• Substitution of the goods;
• Discount of the prices which are paid;
• Give compensation to the consumer for all the losses or injuries;
• Withdrawal of the hazardous goods from being made available for purchase; or Giving satisfactory expenses to parties.
• Evacuation of deformities or lacks in the administrations;
• Discontinuance of unjustifiable exchange rehearses or prohibitive exchange practices or course not to rehash them.

Consumer Protection Act 2019 Amendment^[3]

• In chapter one section 2 sub-clauses(4),(13),(14),(16),(40)
• In chapter two sections 3 to 9 both are inclusive
• In chapter four sections 28 to 73 both are inclusive. Except for some sub-clauses (iv) of clause (a) of sub-section(1) of section 58.
• In chapter five sections 74 to 81 both are inclusive
• In chapter six sections 82 to 87 also both are inclusive
• In chapter seven sections 90 and 91 except sections 88,89,92&93
• In chapter eight  sections 95,98,100 sections 101 except for some clauses (f) and clauses (zg), (zh), and (zi) of the sub-sections 2
• Sections 102,103,105, 106, 107 except sections 94,96,97,99,104

Monetary Limit

The National Consumer Disputes Redressal Commissions(NCDRC) will hear grievances where the debate esteem is worth more than Rs. 10 crores. The State Consumer Disputes Redressal Commissions will hear objections where the contested worth is more than Rs 1 crore but not as much as Rs 10 crore. While the Locale Buyer Questions Redressal Commissions will engage in protests when the worth of products or administration depends on Rs 1 crore.

Consumer Protection Act Demonstration and Direct Selling

One more change was connected with online business working as per the regulations set for direct selling. The rules make it obligatory for the e-organizations to uncover the dealer’s subtleties like their location, site, email, and so on, and data connected with discount, return, assurance and guarantee, conveyance, shipment, instalment choices, the wellbeing of instalment, complaint taking care of the instrument and so on. This step is fundamental as in the developing universe of online businesses damaged and lacking items and administrations are given and through this arrangement the organizations could be punished for something very similar.

“Under the new Demonstration, the web-based business will be represented like direct selling in India and online stages for selling labour and products, or conglomerating administrations will be expected to take responsibility for any infringement of customer privileges or embracing any out-of-line exchange rehearses,”^[4] Mehta said

Supreme Court Cases

• Rojer Mathew v. South Indian Bank LTD.^[5] (This Judgement came in November 2019) Judgement given by Ranjan Gogoi Chief justice of India Leave Granted.
• Association For Consumer Welfare And Aid v. Granite Properties Private Limited (2019) This case was dealt with by the Supreme Court of India. The Judgement of the Court delivered by DR. D.Y. Chandrachud, j. Civil appeal no 259 of 2019 The National consumer disputes redressal commission(NCDR). “ The consumer on whose behalf this complaint is instituted did not hire or avail the services of opposite party 1 and therefore they cannot be said to its consumers.“^[6]

Current cases:

• M/S. Texco Marketing Pvt. Ltd. v. TATA  AIG General Insurance Company Ltd (2022)
• Ibrat Faizan v. Omaxe Buildhome Pvt.Ltd.(2022)
• Shankarlal Nandani v. South Indian Bank LTD.(2022)
• Texco Marketing Private Limited v. Tata Aig General Insurance Company Limited And Others. (2022)
• Sunil Kumar Maity v. State Bank of India and another(2022)

Different Features of the Consumer Protection Act 1986 and 2019

In consumer protection act there is some kind of differences we find between the consumer protection act 1986 and the consumer protection act 2019 that’s are:

• Regulator:
  In Consumer Protection Act 1986 there is no separate regulator but in Consumer Protection Act 2019 there is an authority formed that is CCPA(Central consumer protection act)
• Consumer Court:
  In the consumer act, 1986 complaint was filed in the consumer court where the sellers or the defendant’s office is located but in Consumer Protection Act 201complaintsed filed the consumer court where the complaints are worked. 
• Product Liability: 
  In Consumer Protection Act 1986 there is no such provision of product liability consumers can apply in civil court but not in consumer court. In Consumer Protection Act 2019 consumers have product liability they get their compensation for any kind of harm caused by the services. 
• Mediation Cells: 
  In Consumer Protection Act 1986 there is no such legal provision for Mediation cells but in Consumer Protection Act 2019 court refer settlement through the mediation cells.

Conclusion

The Consumer Protection Act 2019 is a productive step that would bear natural products later on. The act incorporates inside itself a few new ideas which were the need of great importance and the prospect of executing a similar in a nation like India would give a palatable outcome. In the developing universe of digitalization steps like e-recording of cases, and procedures through video conferencing will change, create and upgrade customer freedoms by and large. However, one can’t deny and scrutinize the execution of down-to-earth earth use of the arrangements. For any law and regulation to find actual success, fundamental its execution ought to be done appropriately and productively. Hence, for the 2019 demonstration to become useful it needs to defeat its disadvantages and slack ought to be given to realize the help for the shoppers. Consumer Protection Act gives a law designed to ensure fair competition and free of truthful information in the market areas. The law is designed to prevent businesses that are engaged in fraud or UTP(Unfair Trade Practices). The Consumer Protection Act 2019, is a Constructive Step that would bear fruits in the Future.

---

Endnotes:

1. Consumer Protection Act 1987, https://www.which.co.uk/consumer-rights/regulation/consumer-protection-act-1987-a5xTL3w6L9OI
2. THE CONSUMER PROTECTION ACT, 1986, https://legislative.gov.in/sites/default/files/A1986-68_0.pdf
3. The Consumer Protection Act, 2019, https://consumeraffairs.nic.in/sites/default/files/CP%20Act%202019.pdf
4. Draft Consumer Protection (Direct Selling) Rules, 2021, https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/Draft%20Consumer%20Protection%20%28Direct%20Selling%29%20Rules%2C%202021.pdf
5. Rojer Mathew v. South Indian Bank Limited, (2020) 6 Supreme Court Cases
6. Shipra Singh, Here’s how consumers will benefit under the new Consumer Protection Act, https://economictimes.indiatimes.com/wealth/spend/heres-how-consumers-will-benefit-under-the-new-consumer-protection-act/articleshow/70711304.cms?from=mdr

This article is written by Pranita Dhara, a student of Lloyd Law College.

S.no	Contents
1.	Introduction
2.	Judicial and Executive acts: A General Exception under IPC
3.	Judicial acts as an exception
4.	Executive acts as a general exception
5.	Analysis regarding the judicial and executive acts
6.	Issues
7.	Suggestions
8.	Importance and need in the present scenario
9.	Conclusion

Introduction

The Indian Penal Code (IPC)^[1] contains several provisions that serve as general exceptions to criminal liability. These provisions exempt certain actions from being considered crimes under certain circumstances.

For example, Section 76^[2] provides that acts done by a person who is bound by law to do them are not crimes, while Section 80 provides that an act done in good faith for the benefit of a person without their consent is not a crime if it would otherwise have been so. Section 81 provides that an act done by several persons to further a common intention is not a crime if done in good faith for the advancement of religion, science, literature, or fine arts. The general exceptions under IPC are meant to provide a reasonable balance between the protection of individual rights and the public interest.

Judicial and Executive acts: A General Exception under IPC

Section 197 of the Indian Penal Code (IPC) provides a general exception for acts performed by a public servant in the discharge of his official duties, or by any person acting under the direction of a public servant if such act is done in good faith. This means that criminal proceedings cannot be initiated against such individuals unless prior sanction is obtained from the appropriate authority. This provision is intended to protect public servants from baseless lawsuits and ensure that they are able to perform their duties without fear of legal harassment.

Judicial acts as an exception

The judicial act exception under the Indian Penal Code (IPC) is a provision in Section 197 of the code that exempts public servants and persons acting under the direction of a public servant from criminal liability for acts performed in good faith in the discharge of their official duties. This provision applies to acts performed by judges, magistrates, and other public servants in the course of their official duties and provides immunity from criminal prosecution for actions taken in good faith in the performance of such duties. The purpose of this exception is to ensure that public servants are able to perform their duties without fear of being sued for criminal offences and to prevent frivolous or malicious lawsuits from being filed against them. However, prior sanction from the appropriate authority is required before criminal proceedings can be initiated against a public servant under this exception.

Case Laws that give us a vivid idea regarding the prevailing exceptions

There are several case laws that have interpreted and applied the judicial act exception under Section 197 of the Indian Penal Code (IPC). Some of the notable cases include:

R. Rajagopal v. State of Tamil Nadu^[3]: In this case, the Supreme Court of India held that the judicial act exception under Section 197 of the IPC applies only to acts performed in the exercise of judicial or quasi-judicial powers and does not extend to acts performed in an administrative capacity.

State of Maharashtra v. Narayan Dattatraya Apar^[4]: In this case, the Supreme Court held that the judicial act exception under Section 197 of the IPC applies only to acts performed by public servants in good faith and within the scope of their official duties and not to acts of omission or commission that are mala fide or beyond the scope of their official duties.

K.R. Lakshmanan v. State of Tamil Nadu^[5]: This case dealt with the issue of whether the prior sanction was required before a public servant could be prosecuted for an act performed in the discharge of his official duties. The Supreme Court held that prior sanction was required before the prosecution could be initiated against a public servant under the judicial act exception in Section 197 of the IPC.

These cases provide guidance on the scope and application of the judicial act exception under Section 197 of the IPC and have helped to clarify the rights and obligations of public servants in the performance of their official duties.

Executive acts as a general exception and what makes it different from judicial acts

The executive act exception under the Indian Penal Code (IPC) is a provision in Section 197 of the code that exempts public servants and persons acting under the direction of a public servant from criminal liability for acts performed in good faith in the discharge of their official duties. This provision applies to acts performed by executive officials, such as government employees and officers, in the course of their official duties and provides immunity from criminal prosecution for actions taken in good faith in the performance of such duties. The purpose of this exception is to ensure that public servants are able to perform their duties without fear of being sued for criminal offences and to prevent frivolous or malicious lawsuits from being filed against them. However, prior sanction from the appropriate authority is required before criminal proceedings can be initiated against a public servant under this exception.

Analysis regarding the judicial and executive acts

The judicial act exception under the Indian Penal Code (IPC) serves an important role in protecting public servants, including judges and magistrates, from frivolous or malicious lawsuits arising from actions taken in good faith in the discharge of their official duties. This exception helps to ensure that public servants can carry out their duties without fear of legal harassment, which is essential for the effective functioning of the justice system.

However, the scope and application of the judicial act exception under Section 197 of the IPC have been the subject of debate and legal interpretation in several cases. Some critics argue that this exception provides too much protection for public servants, allowing them to escape accountability for actions that may have been taken in bad faith or outside the scope of their official duties.

Issues

The scope and application of the judicial act exception under Section 197^[6] of the IPC have been the subject of legal interpretation in several cases, with some critics arguing that this exception provides too much protection for public servants and allows them to escape accountability for actions taken in bad faith or outside the scope of their official duties.

For example, the Supreme Court of India has held that the judicial act exception under Section 197 of the IPC applies only to acts performed by a judge in the exercise of judicial or quasi-judicial functions, and does not cover acts performed in administrative or executive capacities. This interpretation helps to ensure that public servants are not immune from prosecution for acts taken in bad faith or outside the scope of their official duties.

Another issue with the judicial act exception under Section 197^[7] of the IPC is that it requires prior sanction from the appropriate authority before criminal proceedings can be initiated against a public servant. In some cases, this requirement has been criticized for being too burdensome, as it can result in delays in prosecuting public servants for criminal offences.

Suggestions regarding the judicial and executive act exceptions of IPC

One suggestion to address these concerns could be to clarify the definition of “good faith” under Section 197 of the IPC so that it better captures the essence of what constitutes an act performed in good faith. This could help to ensure that public servants are not immune from prosecution for acts of bad faith or malicious intent.

Another suggestion could be to provide a mechanism for the review of decisions regarding prior sanction for prosecution under Section 197 of the IPC so that individuals who believe that they have been wrongly denied the right to prosecute a public servant can have their case heard and reviewed.

Overall, it is important to strike a balance between protecting public servants from baseless lawsuits and ensuring accountability for actions taken in bad faith or outside the scope of their official duties. A careful review and re-evaluation of the judicial act exception under Section 197 of the IPC, along with the suggestions outlined above, could help to achieve this balance.

Importance and need in the present scenario

The judicial and executive act exceptions under the Indian Penal Code (IPC) serve an important function in protecting public servants from baseless or malicious lawsuits arising from actions taken in good faith in the discharge of their official duties. These exceptions ensure that public servants can perform their duties without fear of legal harassment, which is essential for the effective functioning of the justice system and the administration of government.

However, the scope and application of these exceptions have been the subject of debate and legal interpretation in several cases, with some critics arguing that they provide too much protection for public servants and allow them to escape accountability for actions taken in bad faith or outside the scope of their official duties.

To address these concerns, suggestions have been made to clarify the definition of “good faith” under Section 197 of the IPC and to provide for a mechanism for review of decisions regarding prior sanction for prosecution. A careful review and re-evaluation of the judicial and executive act exceptions under Section 197 of the IPC could help to strike a balance between protecting public servants from baseless lawsuits and ensuring accountability for actions taken in bad faith or outside the scope of their official duties.

Conclusion

In summary, the judicial and executive act exceptions under the IPC play a crucial role in the functioning of the justice system and the administration of government, but it is essential to ensure that they are applied in a manner that balances the protection of public servants and the need for accountability. The judicial act exception under the Indian Penal Code (IPC) is an important provision that provides immunity from criminal prosecution for public servants, including judges and magistrates, for acts performed in good faith in the discharge of their official duties. This exception is intended to protect public servants from frivolous or malicious lawsuits, which could have a chilling effect on the administration of justice.

To address these concerns, some have suggested that the definition of “good faith” under Section 197 of the IPC be clarified so that it better captures the essence of what constitutes an act performed in good faith. Additionally, a mechanism for review of decisions regarding prior sanction for the prosecution could be established, to ensure that individuals who believe that they have been wrongly denied the right to prosecute a public servant have their case heard and reviewed.

In conclusion, while the judicial act exception under the IPC serves an important function in protecting public servants from baseless or malicious lawsuits, it is important to ensure that it is applied in a manner that balances the protection of public servants and the need for accountability. A careful review and re-evaluation of the judicial act exception under Section 197 of the IPC, along with appropriate reforms and clarifications, could help to achieve this balance.

---

Endnotes:

1. Indian Penal Code, 1860, Act no. 45 of 1860
2. Indian Penal Code, 1860, Sec. 76, Act no. 45 of 1860
3. R. Rajagopal v. State of Tamil Nadu, 1994 SCC (6) 632
4. State of Maharashtra v. Narayan Dattatraya Apar, (1981) 83 BOMLR 553
5. K.R. Lakshmanan v. State of Tamil Nadu, 1996 SCC (2) 226
6. Indian Penal Code, 1860, Sec. 197, Act no. 45 of 1860
7. Ibid

This article is written by Prashant Prasad, a second-year law student from University Law College.