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Author: toahostinger

NEED FOR DIGITALIZATION OF JUDICIARY 

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Digittalization OF Judiciary law What is It? ABSTRACT  Every business industry has always been susceptible to a full transformation due to the  advancement of information technology (IT). This initiative’s main goals are to enhance  customer service and use data more effectively to guide decisions on a global basis. The  government of India’s “Digital India” project is also assisting in the revolutionization of India’s  industrial sector.  However, in the context of the growth of the digital economy, it is still in the early phases of  development. The legal sector in India has not been immune to its consequences. The impact  of legal technology is quickly changing how legal departments and organisations operate. We  will discuss need of digitalization in the field of Judiciary in India.  INTRODUCTION  The Covid-19 restrictions furnished a major thrust to the digitisation of Indian courts. The  judiciary, led through the preferrred court and the high Courts, followed e-submitting for urgent  matters and carried out common hearings over video conferencing.  Digitization, for the Indian judiciary, provides a golden possibility to lessen the pendency of a  plethora of cases and maintain the decade-vintage files. For this reason, it’s miles imperative that the usage of virtual technology be mentioned to better  utilise its capability, mainly in terms of digitisation of court docket statistics, e-filing of  instances and their digital listening to, stay streaming of court complaints.  THE APPEARANCE OF TECHNOLOGY IN INDIAN JUDICIARY   In India, e-governance in the field of management of justice started out within the overdue  Nineteen Nineties, however it improved after the enactment of the information and generation  Act, 2000. Because the 21st century started, the point of interest was on digitising the court  docket’s facts and establishing e- courts throughout the USA. In the year of 2006, e-courts have  been launched as part of the national e-Governance Plan .  WHAT STEPS HAVE BEEN TAKEN BY COURTS FOR  DIGITALIZATIZATION OF IINDIAN JUDICIARY?  The Allahabad excessive court is a guiding example on this regard. as the leader Justice of  Allahabad high courtroom (HC), Justice D Y Chandrachud conceptualised and initiated the  venture to digitise approximately one crore case documents in twelve months. The listening to of matrimonial instances via video-conferencing became authorized by the  ideal courtroom in the count number of Krishna Veni Nagam v Harish Nagam1. but, the  direction changed into brief-lived.  In 2018, the splendid court allowed the live-streaming of instances of constitutional and  national significance on the idea of the judgement in Swapnil Tripathi vs best court Of India2,  2018.The livestreaming of courtroom complaints is a step toward making sure transparency  and openness.The Gujarat HC in July 2021 have become the first court docket within the us of  a to livestream its complaints.It turned into emulated by the HC of Karnataka, Odisha, Madhya  Pradesh and Patna.The cutting-edge vision file for segment III of the e-Courts assignment  become brought at some stage in the Covid-19 pandemic to address the judiciary’s digital  deprivation.  It envisages an infrastructure for the judicial machine this is ‘natively virtual’ and reflects the  impact that the pandemic has had on India’s judicial timeline and questioning.recently, the law  Minister has stated that for enforcing section two of the eCourts task, there’s a need to undertake  new, slicing edge technology of machine gaining knowledge of (ML) and synthetic Intelligence  (AI) to increase the performance of the justice shipping gadget.To discover the use of AI in the  judicial domain, the ideal court docket of India has constituted an artificial Intelligence  Committee.  WHY IS DIGITALIZATION OF JUDICIARY A WANT?  Difficulty in keeping physical data: not simplest a massive space is needed to shop so many  files, it’s also pretty difficult to manually maintain the a long time-vintage documents. it has been located that instances are adjourned surely because affidavits filed numerous years  ago had been now not restored with the record or have been now not traceable.  ACQUITTAL OF CONVICT: any other purpose is to ensure that those documents are  traceable electronically as and while required. The results of missing courtroom data are grave.  in many vintage instances, criminal facts are observed to go lacking thereby leading to the  acquittal of the accused.  In nation of Uttar Pradesh v. Abhay Raj Singh3, it became held through the excellent court  that if court records pass missing and re-creation isn’t always possible, the courts are sure to  set apart the conviction.  DELAYS IN INSTANCES:  The time ate up in summoning information from the lower courts to the appellate courts is one  of the essential factors that motive delays in instances.  What demanding situations are being faced within the Digitisation of Judiciary? CONNECTIVITY PROBLEM: internet connectivity problems and the need for a properly ready area where attorneys can conduct their cases are a number of the major troubles requiring  interest. legal professionals in semi-city and rural districts locate on line hearings tough, mostly  due to connectivity problems and an unfamiliarity with this way of working  DIGITAL LITERACY: Many judges, court body of workers and lawyers aren’t well-versed with digital technology  and its benefits.  PRIVACY ISSUES: With growing digitisation, especially of courtroom facts, privacy issues are probable to be at  the forefront of judicial and public deliberations within the coming years.  HACKING AND CYBERSECURITY: At the top of era, cyber-security can be a big subject too. The authorities has initiated remedial  steps to deal with this problem and formulated the Cyber security method.but, the sensible and  actual implementation of the same remains a mission.  OTHER DEMANDING SITUATIONS: The digitisation of courts over the past decade has been singularly focussed on individual  litigants, with courtroom websites designed to allow access to man or woman cases. there may  be no mechanism for a machine-level examination of the judiciary.  Deployed with good enough making plans and safeguards, technological gear may be a  recreation changer. however, technology is not consistent with se cost-neutral — that is, it is  not proof against biases. power imbalances need to be checked upon.  WHAT STEPS MAY BE TAKEN FOR DIGITALIZATION OF INDIAN  JUDICAIRY?  Position of Judges and legal professionals: Political will and the support…

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Indian Constitution

CHILD ABUSE INDIAN CONSTITUIONAL ACT

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CHILD ABUSE INDIAN CONSTITUIONAL ACT ABSTRACT Child abuse is a prevalent occurrence in every society. Any harmful conduct towards a child, be it initiated by an adult or a minor, is regarded as child abuse. Child maltreatment may refer to any form of physical, emotional or sexual harm inflicted on a child. While child abuse is often characterized by a specific action, children can also be negatively impacted by instances of neglect, which involve inaction. The present investigation makes a humble effort to understand child maltreatment and its various forms. Included in this study are both the impacts of child abuse and strategies for minimizing its occurrence. It is the responsibility of society to carry out preventive initiatives aimed at fostering the growth and development of children, particularly within families and educational institutions. INTRODUCTION The maltreatment and neglect of children is defined by both federal and state laws. State legislation can outline the definitions of child abuse and neglect in both civil and criminal aspects. This paper offers explanations of civil terms that validate the participation of government child protection organisations. The CAPTA, a federal act on Child Abuse Prevention and Treatment, defines child abuse and neglect as any recent act of a caretaker resulting in serious harm or an imminent risk of harm to a child. Essentially, mistreatment of a child constitutes abuse. It is possible for the abuse to manifest in different ways, such as sexual, emotional, or physical. The acts of child exploitation and neglect are other terms used to describe this type of abuse, which involve a failure to provide a child with adequate care. In simpler terms, child abuse refers to any conduct, conduct, or nonverbal actions that inflict significant harm on a child, coming from an adult or a child. It may manifest as physical, sexual, or emotional mistreatment, but it is equally probable that it stems from a deficiency of tenderness, concern, and mindfulness. The act of mistreating or neglecting a child, also known as child abuse or maltreatment, encompasses any form of physical or emotional harm, sexual abuse, neglectful actions, or mistreatment for financial gain. Such mistreatment can have negative effects on a child’s health, survival, development, or self-worth in situations where there is a relationship of responsibility, trust, or authority. This definition was provided by WHO in 2002. TYPES OF CHILD ABUSE PHYSICAL ABUSE In nearly 44 states, such as American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, harmful actions or situations that endanger children are considered forms of abuse according to their definitions. These may involve activities that put the child in danger or significantly increase the risk of harm. In general, physical abuse refers to causing unintentional physical harm to a child, such as hitting, kicking, burning, biting or other actions that cause physical incapacitation. Physical abuse of a child is recognized as any harm resulting from hitting, beating, kicking, biting, burning, or other physical actions. According to the American Humane Society, physical abuse is the most evident form of mistreatment of children. Such abuse includes actions like punching, kicking, biting, shaking, tossing, stabbing, choking, striking with items such as a hand, stick, or strap, burning, or any other injury-causing activity which can result in a range of damage to a child’s physical well-being – from minor bruising to severe fractures or even death. Even if the intention of the caregiver was not to cause harm to the child, any such injuries are considered to be a form of abuse. Moreover, children being raised by single mothers or facing disabilities are more prone to encountering physical abuse. Also, a child brought up in a destitute environment or an atmosphere rife with domestic violence has an increased chance of facing violent acts. Likewise, a similar scenario arises when a child is raised alongside an adult who is not related to them or in a family unit with multiple offspring SIDE EFFECTS OF PHYSICAL ABUSE The immediate and long-term effects of physically abusing children are significant. The child could face physical distress, health complications, and in severe cases, risk mortality. Unlike the bruises and cuts resulting from physical abuse such as whipping, punching, kicking, and strangling, the psychological anguish can linger for much longer even after the physical wounds have healed. The extent of the damages or lasting consequences is contingent upon the age of the child at the time of experiencing abuse. The chances of infants developing persistent health complications like tremors, irritability, fatigue, and vomiting attributable to neurological damage are most probable if they’ve undergone physical abuse. Lifelong seizures, permanent blindness or deafness, lasting paralysis, cognitive impairments, and even more grave consequences. Studies indicate that there is a correlation between physical abuse, depression, and violent conduct. However, the nature of this link seems to vary based on gender disparities, as reported by Scarpa, Haden, and Abercromby in 2010. It appears that the responses of males and females to trauma differ, as males tend to exhibit more antisocial behaviors while females tend to withdraw more. Multiple studies (Gover & Mackenzie, 2003; Hill, 2003; Kilpatrick et al., 2003, as cited in Scarpa, Haden, & Abercromby, 2010) indicate that physically abusing children is a strong predictor of symptoms associated with depression. It is important to examine the relationship between depression and childhood trauma as dealing with depression can have a significant impact on an individual’s emotional wellbeing and career prospects. Even after their physical wounds have fully recovered, children who have been victims of physical abuse may continue to suffer the consequences. Experiencing physical harm or mistreatment as a child can lead to various negative physical and mental health consequences later on, such as depression, anxiety, eating disorders, conduct disorders, substance abuse, suicidal tendencies, obesity, sexually transmitted diseases, and engaging in unsafe sexual practices. EMOTIONAL ABUSE A kid being subjected to emotional abuse or mental harm is defined specifically in around 33 States. According to popular opinion, abusive words and emotional abuse may seriously harm a…

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Indian Constitution

Media Trial in Indian Constitutional law

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MEDIA TRIAL “I am a great lover of the press, a great lover of freedom of speech and expression but pluralizes your limits.’’ – Ram Jethmalani ABSTRACT Since the British India media plays an important role in every sphere. media is regarded as the fourth pillar of our democratic system after the legislature, the executive and judiciary. It is supposed to play a crucial role as a watchdog of our society. Earlier media has the power to change the world now media confine itself to spreading and limiting the people’s mindset to hatred and gives its own discretion about anything before the court’s discretion. Media becomes a kangaroo court, forgets its power with the passing of time, and becomes a puppet of political power. It plays important role in moulding the opinion of people. Every aspect of an accused’s personal life and character which have nothing to do legally with the investigation of any crime is under the public lens of scrutiny via the media trial. The centric point of submission focuses on Freedom only to give the right information but the media is only working for TRP and is working one step away from the court. “Is the media expected to be a silent spectator and insensitive to the happenings around and failing to quench the public curiosity about the case?”. Certainly not, but the question is how far the media can go. This will be answered later in the course of this Article. INTRODUCTIONS The word “Media trial” is not directly defined anywhere. But indirectly, this power is being given to the media under Article 19 provides freedom of speech and Expression to each and every person. Media has an important role in the democratic process. It provides valuable information to the government, the public at large. In the last few years, there has been a tremendous growth of media in the country in the form of print and electronic media. Its coverage of the trial process has increased tremendously. The media can be commended for starting a trend where it plays an active role in bringing the accused to the hook. Thus, “trial” ordinarily means a proceeding before a Court of justice. If so, there cannot be a trial by the media. But these words are often used to denote an exercise undertaken by the media virtually taking up the role of a judicial forum for which such exercise has been earmarked by the laws of the land. As it is rightly observed by the Hon’ble Justice M.K Mukherjee and D.P. Wadhwa that “A trial by press, electronic media or public agitation is very antithesis of the rule of law. It can well lead to miscarriage of justice”. The expression “Media Trial” itself is a misnomer. The word “trial” has not been defined either by the Code of Civil Procedure, 1908 (“C.P.C.” for short) or the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) which are the basic statues governing the trial of civil and criminal cases by the respective courts in India. Black’s Law Dictionary (9th Edition) gives the word “trial” the following meaning:- “a formal judicial examination of evidence and determination of legal claims in an adversary proceeding”. Sec. 2(7) of the Bankers’ Books Evidence Act, 1891 defines the word “trial” as “trial means any hearing before the Court at which evidence is taken”. THE RIGHT PILLARS OF MEDIA The media also plays important role in reducing white-collar crime by wealthy industrialist, corrupt officials, and famous personalities by greasing official’s palms and also plays an essential role in excavating the government’s huge scams. It has played an important role in shaping people’s minds and made a tremendous influence on people’s perceptions sometimes by making them aware and sometimes by putting blindfolds on their eyes and by showing the fake and prejudice of a person or things but one cannot deny in some cases where media shows its honest work by getting criminals to justice in many cases, such as Jessica Lal murder case, Priyadarshini Mitto Rape Case, Nitish Katara murder case. Due to the involvement of media the (Betting & Fixing row) by IPL Match came into the public conscience. In such situations, media played an affirmative role. THE JOURNEY FROM FREEDOM OF THE PRESS TO TRIAL MEDIA The Media Trial phrase is popular since 20th century and gradually flowed into the 21st century where it describes the impact of television and newspaper coverage on a person’s reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law. Here question arises whether the media is accountable; if yes, then to what extent, making a venture to strike a balance between two conflicting rights, the right to privacy of individual versus the right of free press to report . The Hon’ble former chief justice of India Justice N.V RAMANA one of his speeches said as; “Doing justice is not an easy responsibility. It is becoming increasingly challenging with each passing day. At times, there are also concerted campaigns in media, particularly on social media against judges. Another aspect which affects the fair functioning and independence of judiciary is the rising numbers of media trial. .New media tools have enormous amplifying ability but appear to be incapable of distinguishing between the right and the wrong , the good and the bad and the real and fake. Media trial cannot be a guiding factor in deciding cases. The judiciary has also thrown light upon the role of media in a democratic state. The importance of Article 19(1)(a) was given emphasis by Justice Bhagwati in the case of Maneka Gandhi v. Union of India7 “Democracy is based essentially on free debate and open discussion, for that is the only corrective of government action in a democratic setup. If democracy means the government of the people by the people, it is obvious that every citizen must be entitled to participate in the democratic process and in orderto enable him to…

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Indian Constitution, Uncategorized

Understanding the Intersection of Mental Health and Legal System: Challenges and Solutions

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Understanding the Intersection of Mental Health and Legal System: Challenges and Solutions Someone who is emotionally well will also be physically healthy.  Abstract  Just like physical health, mental health needs to be taken care of. Mental health includes both mental sickness and mental well-being. Both refer to a mental state or situation where one experiences anxiety, tension, disorder, and sadness; in contrast, mental happiness promotes vitality, jollity, enthusiasm, creativity, and other positive emotions. It has an equal impact on all age groups—old, young, and children—as well as all socioeconomic statuses—low and high—in education, the economy, and society.  Introduction  It also causes severe illnesses like OCD, PTSD, disorders that result in mental illness, schizophrenia, psychological problems, and internal trauma. However, every issue has a fix, so these can be fixed. Significant mood swings, loneliness, mugging up, insomnia, either sleeping a lot or having disturbed sleep cycles, changes in behaviour patterns, body aches, distance from family and friends and people they are close to, or overthinking in which thoughts are leading to self-harm or suicidal thoughts are some of the symptoms we should look out for when they occur.  Notable features  People who experience these symptoms may seek therapy in such cases or should take immediate action to alleviate their symptoms. People who experience these symptoms should treat themselves with kindness, respect, and value. Without considering the opinions of others, they should pursue their interests in dancing, singing, writing, travelling, gardening, and learning new things. Many individuals prevent themselves from engaging in their passions, contributing to mental illness. They should engage in frequent exercise to keep their minds sharp and joyful.  They should surround themselves with people who benefit their mental health and avoid toxic and negative people. They should avoid doing things they don’t want to and focus on doing things that make them happy. Both medication and meditation should be used to promote mindfulness, well-being, and a quiet mind. Mental health laws are as vital as other laws; in fact, these laws are incredibly significant and greatly influence people’s lives. Initially, mental health laws were primarily concerned with the safety of society.  This also signifies societal obligation and welfare. Many human rights organisations advocate for protecting people suffering from mental illnesses. Article 1 of the Universal Declaration of Human Rights states that “all people are free and equal in rights and dignity” and “people with mental disabilities are protected by human rights law under their basic humanity.”  Laws relating to mental health  In India, laws governmental health programmes, such as establishing a Central or State Mental Health Authority to regulate and supervise psychiatric hospitals or nursing homes and advise the Central or State Governments on Mental Health topics. The Mental Health Act, 1987; the Protection of Human Rights Act, 1993; the Persons with Disability Act, 1995; the National Trust Act, 1999; the Protection of Women from Domestic Violence Act, 2005; and the Protection of Children from Sexual Offences Act, 2012.  Conclusion  A person can be cured of mental disease and live happily and quietly in society with their assistance; treatment, medications, meditation, supporting laws, and personal analysis of ailment, spirit to fight with it and win it. It’s always crucial to balance your mental health with other aspects of your health. One must be aware that a sound mind leads to a good life, including excellent mental health.

Indian Constitution

Socio-Economic Offences in Indian Constitutional Act

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Mahatma Gandhi once said that God provided us with sufficient to fulfil our needs but not enough to satisfy our greed. Socio-economic offences are one step towards this greed. Socio-economic offence is spreading like a cancer in the nation which impacts the society from poor to the rich. As we all know everyone wants to become rich to richer by hook and crook in today’s modern world. These offences are not a part of traditional crimes which is very much clear from the characteristics itself in this blog. To overcome this problem Government of India takes many steps from time to time like appointing committees and law commissions to suggest legal as well as administrative measures. This does not end here government also trying to identify these offences by dividing them into categories. In virtue of this, we understand the need to include these offences in our legal system by a few amendments and enactments.  Introduction In The World, many socio-economic offences are rampant nowadays is one of the hidden crimes in the World which is evolving in different types in every country. There are fairly few new sets of Socio-Economic Offences coming into light in our country i.e., ‘INDIA’. With the advancement of technology and the changing needs of society, everyone become a part of one race to become richer to richest in days. These offences are classified under the non-conventional offences in which the mens rea is not an essential element of crime. These crimes have an impact on society socially as well as economically. It never pins point any individual rather it targets a large number of people at once.  In the words of Sutherland, it is a white-collar crime. This type of offence has spread in the world at a large scale as the gravity of these kinds of offences is severe in view of the fact that it harms society at large.   There is another type of crime termed ‘white collar crimes’ which overlaps the concept of socio-economic offences. But there is a difference between these two as in the case of white-collar crime it is a prerequisite that there must be a relation between offence and occupation moreover it is committed by people of the upper class, but these two conditions are not necessary for socio-economic offences in virtue of which we can say socio-economic offences and white collar crime both are not in the context of scope. White-collar crimes have a narrower scope than socio-economic offences. Growth of Socio-Economic Offence  Development of socio-economic offences was divided into three phases i.e. During the British period, after independence and during industrialisation. The first phase came into existence when the Britisher ruled after the Mughals which caused drastic changes in the economy of the nation along with westernisation. The second phase witnessed a period of partition which impacted the social and economic structure of the country which is well known to everyone. The third main phase deals with the main causes of socio-economic offences which are: –  Causes of Socio-Economic Offence Important To Include Socio-Economic Offence  The Indian Penal Code, of 1860 did not fulfil the needs of society to the extent of the present changing society as it changes too fast in connection with socio-economic offences. In addition to this Indian  Penal Code is not particularly satisfactory in matters of socio-economic offences in regard to the circumstances these crimes are committed. we need to add socio-economic offences and laws about it for the betterment of society as per the changing needs of society.   How To Determine Socio-Economic Offences  Government Repose After seeing this alarming increase in socio-economic offences there is a need to curb this  problem, for the government of India took steps as follows:  The Santhanam Committee Report,1964  In 1962, Lal Bahadur Sastri appointed Santhanam to preside over the committee on anti-corruption. Because of its thorough investigative work and recommendations, the  Committee earned a reputation as Santhanam’s Committee on Anti-Corruption. In his ‘Code of Conduct for persons in power, authority or positions of trust in our country’, he explicitly included ministers and members of Parliament and state legislatures. There should be no use of position for personal or family advantage; no actions motivated by considerations of party, religion, caste, or community; no unofficial dealings with businessmen or hospitality or gifts accepted from them or other private persons. Wanchoo Committee Report, 1970  In 1970, the government appointed this committee to analyse serious problems like black marketing, international smuggling and hoarding along with their impact on society. This committee in its report gave many suggestions which were implemented in the form of new laws example: the Foreign Exchange and Prevention of Smuggling Act, of 1974.  Malimath Committee  In 2003 this committee was appointed which suggests government that we need to add social stigma along with increasing punishment in the Indian Penal Code.   29th Law Commission Report  This report rejected the recommendations of the Santhanam Committee after considering them. In the opinion of this commission, the Indian Penal Code does not satisfactorily deal with socio-economic offences due to its dominating characteristics which become a strong part of society day by day.  So in virtue of this government need to add a new separate chapter in the Indian Penal Code which deals with these type of offences.  47th Law Commission Report  This Commission Report plays a vital role in identifying the Socio-Economic Offences as this committee divides them into categories.   Different Category of Socio-Economic Offences  According to the Law Commission Report, this is divided into eight categories which are as follows:  i. Evasion and avoidance of lawfully imposed taxes which is dealt with by the Income Tax Act, of 1961.  ii. Offence calculated to prevent or obstruct the economic development of the country and endanger its economic health.  iii. Delivery by individuals and industrial and commercial undertakings of goods not in accordance with contract which results in breach of contracts.  iv. Adulteration of food products and drugs.  v. Profiteering, Black Marketing and Hoardings.  vi. Corruption by misuse…

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Criminal Law

Article 21 of Right to Life Under Indian Constitution

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Article 21 of indian constitution and human rights Article 21 of the Indian Constitution states that life is more than just the act of breathing. It does  not suggest constant labour or a life of bare survival. It addresses a far broader variety of  concerns, including the right to a reasonable quality of living, the right to a means of support, the  right to health, the right to clean air, etc. The right to life includes all those aspects of life that  give a man’s life meaning, joy, and value. It is necessary of our very being with out which we  cannot exist as humans. The right to life is a fundamental premise that derives the minimal  necessities, pre requisites, and core desires of a person.   Article 21 Provides Two Rights: RIght To live according to mentioned  One of the most important rights that its Constitution protect is the fundamental right stated in  Article 21.  This right has been referred to as the “heart of fundamental rights” by the Supreme Court of  India.  The right says clearly that no one can be deprived of its life or free except in accordance with the  legal process. This suggests that this right is solely applicable against the State. State in this  context refers to not only the government but also government agencies, local groups,  legislatures, etc.  Any shy citizen infringing on another person’s rights does not amount to a violation of Article  21. The victim’s remedy in this situation would be provided under Article 226 either by general  law..  The right to life includes far more than the capacity to survive. It also must include the ability to  live a full life with dignity and commitment.  Article 21’s main objective is to ensure that the State only violates a person’s right to life or  liberty in accordance with the established legal process.  Case laws based on article 21:-   The Hon’ble Supreme Court of India held in Kharak Singh v. State of Uttar Pradesh that “life”  refers to more than just animal existence. The prohibition against its loss pertains to all the limbs  and faculties that are used to enjoy life. The prohibition prohibits the mutilation of the body  through the deletion of an eye, an armoured leg, or any other organ through which the soul  connects to the wider world. Euthanasia in india  Passive euthanasia has been made legal in India.  The SC legalised passive euthanasia in 2018 by allowing individuals in a permanent vegetative  condition to have life support removed.  This choice was taken as a result of the judgement in the well-known case concerning Aruna  Shanbaug, who passed away in 2015 after more than 40 years of being in a vegetative status.The  court rejected active euthanasia by means of lethal injection. Active euthanasia is illegal in India.  Due to the absence of euthanasia legislation in the nation, the court ruled that its ruling would  take precedence until the Indian government introduced appropriate legislation.  A tight set of rules govern the validity of passive euthanasia.  Patients must be in a vegetative state or have a fatal disease in order to consent to this therapy  through a live will.  In a living will, a person specifies what medical procedures should be executed in the event that  they become ill or be incapable of making decisions for themselves.  The doctor will construct a hospital medical board after informing the patient and/or his relatives  when the executor (of the living will) gets a terminal illness with no prospects for recovery.  4 Important Factor For Right to Life and Suicide  4. a) No one has total autonomy over his or her life. He or she has a responsibility to their family. A  person’s suicide can frequently leave a family penniless.  4. b) Decriminalizing aiding in suicide may follow the decriminalisation of suicide. The argument against  it is that suicide alone can be decriminalised if the requisite legislation or legal guidelines are in place  to include aiding in suicide.  Arguments in favour of decriminalising suicide:  Conclusions :  The Indian constitution’s framers crafted this Article in a way that neither makes any provision  obligatory nor exempts any person from the fundamental obligations that all of the nation’s  citizens are required to uphold. No rights or obligations will be omitted because this article has observed the socio-economic  structures of the countries so closely. Maybe the most distinctive aspect of our constitution that  sets it apart from those of other countries is this.

Indian Constitution

An introduction to Transfer of Property Act, 1882

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An introduction to Transfer of Property Act, 1882 OverviewThe Transfer of Property Act is a law in India which regulates and provides framework or methods of transfer of property mainly immovable property such as land, houses etc. It lays down the basic rules and fundamentals of transfer of property and the modes of transfer including sale, mortgage, lease, gift, and exchange etc. Its main object is to simplify transfer of property i.e… “conveyance of property from one person to another.” 1. When act Enacted: The Act was enacted on 17th Feb, 1882 and came into force on 1st July, 1882. The Act consists of eight chapters and 137 sections. 2. Meaning of Act: Transfer of property is defined under Section 5 of the Transfer of Property Act, 1882. Section 5 defines the expression “transfer of property” as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons. It also defines the expression “to transfer property” as meaning to perform such act. The section further clarifies that ‘living person’ includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals. This clarification was inserted in 1929. 3. Various modes of transfer of property: A. By act of parties (TPA applies only on transfer by act of parties i.e., transfer between two living persons) this includes:i. Saleii. Leaseiii. Mortgageiv. Exchangev. Giftvi. Actionable claim B. By operation of law, property here transferred automatically by the process of law (TPA does not apply in this kind of transfer except sec. 57 and chapter 4): i. Transfers by orders of courtii. Transfer in case of insolvency, forfeiture, sale in execution of court’s decreeiii. Inheritance, will 4. Preamble: Whereas it is expedient to define and amend certain parts of the law relating to the Transfer of Property by act of parties (transfer between living persons); it is hereby enacted as follows… Thus it is clear from the preamble that TPA applies only on transfer of property by act of parties and not by operation of law and it is not exhaustive. Note in preamble expression used ‘define and amend’ and not to consolidate. It means it does not contain complete law for all kinds of transfers in India. 5. Transfer of Property Act & Indian Contract Act: The Act has modified and make changes in some of the rules which existed before its enactment. It is not a complete code for all kind of transfers in India. It completes Indian Contract Act, 1872, as it is also evident from Section 4 of the TPA. Between 1872 and 1882 the transfer of property under contracts was regulated by English law and principles of justice, equity and good conscience. 6. Movable or immovable properties: It mainly deals in transfers of immovable properties. Transfer of movable properties are regulated by the Sales of Goods Act, 1930. However, secs. 5-37 applies to both movables and immovables. While 38-53A applies only on immovable properties. Further in some specific transfers are concerned, the definitions of gifts and exchange in the Act are not limited to immovable properties; they include the gift and exchange also of movables. 7. Muslim law: As per sec. 2 provisions of chapter 2nd of this act do not affect any inconsistent rule of Muslim personal law. And gifts made by Muslims are governed by the Muslim law of Hiba section 129 of the Transfer of Property Act specifically provides that the provisions of chapter 7th which is on gift would not be made applicable to gift made by Muslims. 8. Prospective or retrospective: The act is not retrospective therefore the rights or liabilities with respect to any property which existed before the commencement of this act shall remain unaffected there is a general rule that unless a contrary intention is expressly indicated a new enactment is not retrospectively applicable glossy of section to lays down the general rule with regard to the provision of Transfer of Property Act. [Sec. 2(c)]In a recent development Supreme Court has reiterated that the lease/tenancy matters which are not governed under the special statutes but under the Transfer of Property Act are arbitrable. (Suresh Shah vs. Hipad Technology India Private Limited, SC 2020)

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How Asiya Farooq cleared her J&K Prosecuting Officer Exam in 1st attempt ?

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Question 1 When did you complete your LLB, was it 3 years or 5 years? Ans. It was 3 year LLB course and completed in 2017. Question 2 When do you start your preparation for PO? Did you start your preparation while doing law or after completion of law? Ans. After completion of the law. I started my preparation in 2021- When the advertisement was out for the post of Prosecuting officer. Question 3 Did you prepare for other states’ PO or judiciary? Ans. I was interested in Jammu and Kashmir judiciary-related exams only There were no posts advertised after 2018 till 2021 so I completed my LLM first when posts came out I Started preparing Question 4 How did you prepare for pre- and mains? Ans. I prepared for mains directly as there was little difference in syllabus like few subjects that were in mains were not in pre and vice versa that I did separately Question 5 Kindly throw some light on main answer writing, how often do you practice answer writing while doing your preparation? Ans. My answer writing skills are strong Alhamdulillah, preparing for mains was not a big deal, still, I will let you all know that this was my first attempt so I started practicing answer writing after I qualified pre, every weekend I solved one paper of previous year mains. Question 6 If GS is a part of the J&K PO exam, how did you prepare for that? Ans. Yes, we had CSAT (Civil Services Aptitude Test) as a qualifying paper in Preliminary for that I didn’t prepare separately. I did that side by side. Every day I used to study 3 hours for that before pre. Question 7 Can you recall some questions which were asked in an interview? Ans. I was asked about Provisions of arrest related to Female Charges, Joinder of Charge, Alteration of Charge, Bail Provisions, National Security Act, and Domestic Violence Act, and the last question was why am I interested in becoming a Prosecuting officer and how will I be dealing with people who don’t know about the law. Question 8 How did you prepare for an interview? Ans. I appeared in a mock interview cum guidance program in Jammu and Kashmir Question 9 Anything else you would like to share with students, especially for Judiciary Aspirants? Ans. The thing that I noticed was that aspirants used to write long answers that is what is not needed. The answer should be precise and directly relevant no other references are needed. Flow charts are scoring. Test series for pre and mains is most needed that I did myself as well. While preparing for this exam I was very focused on my goal, sometimes I lost patience but then I prayed and asked Allah to grant me patience. Consistency is very important. Basics should be very clear and strong, Yes I started preparing for it very late and prepared for one and a half years but my basics were very clear initially. What asiya farooq Say About TOA. I watched videos on TOA, read books, and collected the best material, and I prepared my notes after watching videos and reading books. I took help from everyone who was known to me. • I didn’t just mention the language of law but I also referred to leading cases in every answer Question 10 How does TOA help you in your preparation? Ans. Najeeb sir’s videos have been very helpful as concepts that were earlier not clear became clear to me Honestly speaking I always watched his videos whenever I found myself in difficulty understanding anything. I hope you guys will find it useful, for more such interesting updates, go check out our YouTube channel and social media pages, the links are down below. And don’t forget to drop your feedback in the comments section. Now you can start your preparation for Judicial Services and Prosecution Officer at home with our membership plan for details drop us a message on WhatsApp on this number 8840961324 or visit the link below

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