Honour Killing: Honourable or a licence to kill?

By Sagarika Chandel, KIIT School Of Law, Bhubaneswar.

November 15th 2014, a final year student from a reputed college of Delhi University strangulated to death by her parents for marrying a youth of a different caste. November 29th 2014, an eight months pregnant teenager strangulated to death by her brothers and thrown into a canal in Meerut. September 18th 2013, a girl was lynched by her own family and her paramour beheaded publicly by the girl’s parents and uncle as “no regrets” was said by the remorseless father of the deceased victim. April 2012, a 26 year old teacher was killed by her mother, brother and uncle as she wished to marry a boy belonging to a different religion and a lower caste. In June 2007, six men murdered a newly-wed couple for marrying outside their ‘gotra’ in Haryana after the village elders accused the couple of violating the code of conduct relating to marriage.

The above mentioned cases, shamefully, do not even account for a handful of the total cases of honour killing in India. More than 1000 young individuals in India are condoned to death every year owing to ‘Honour Killings’.  (more…)

Role of Public Prosecutor: A Critical view in light of Jayalalitha’s Case

By Poonam Bera, Army Institute of Law, Mohali.

“There existed unimpeachable evidence” and considering the seriousness of the offense if the conviction and sentence stayed, Jayalalitha may misuse the liberty, so he strongly opposed the suspension of sentence. But in the next hearing, the public prosecutor stated that “he has no objection for granting of conditional bail to convicts”. [i]

Now the act of the public prosecutor in Jayalalitha’s case consequently put the impartiality and independence of judicial system into question. (more…)

NALSA v UoI: Critical Analysis

The Supreme Court of India passed a landmark judgment on Transgender rights in April, this year. The Judgment was a long due acknowledgment of the rights of the Transgender in the nation. This judgment plays an essential role in the furtherance of the cause of Transgender and will help in removal of the stigma attached to the third gender and lead to greater social acceptance.

The Judgments applicability was restricted by the Court only to “Transgender”, and explicitly excluded the Lesbians, Gays and Bisexual, thereby not going in the controversial question of validity of Section 377 of Indian Penal Code. With regard to Transgender, both the people who want to transition from their respective genders and the ones who want to be identified with the third gender were included within the ambit of the judgment. (more…)

Water Policy in India: A Review

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Water is the most precious resource on earth still it remains a myth to our existence, being one of the most abundant resources on earth but less than 1 percent of the total supply is reliably available for human consumption. Portable-water is essential for human survival but water-related illnesses are the most common health threat in the developing world. An estimated 25, 000 people die every day as a result of water-related diseases Human existence depends on water. Water interacts with solar energy to determine climate and it transforms and transports the physical and chemical substances necessary for all life on earth. Competition among agriculture, industry and cities for limited water supplies is already constraining development efforts in many countries including India. As populations expand and economies grow, the competition for limited supplies is most likely to intensify, resulting in potential conflict situation among water users in days to come. Despite shortages of water, its misuse is widespread, be it in small communities or large cities, farmers or industries, developing countries or industrialized economies everywhere the mismanagement of water resources is evident. Surface water quality is deteriorating in key basins from urban and industrial wastes.  (more…)

Child Labour in India

“When my mother died I was very young, and my father sold me while yet my tongue could scarcely cry “Weep! Weep! Weep! Weep!”, so your chimneys I sweep and in soot I sleep.”[1]                                                                                                                                                                     -William Blake

Blake, explaining the hardships of a young chimney sweeper reflected on the issue of child labour rampant during the 18th century in England.

Records of child labour as servants in domestic households of noblemen can be traced throughout the human history though it reached its extremes with Industrial Revolution in the late 17th century in England. Peter Thonemann of Wadham College, Oxford, in Children in the Roman Empire, states that slaves and children of lower birth in the Roman Empire started to work as soon as they were physically capable of doing such work.[2] For example, “The tombstone of Quintus Artulus who died at the age of four at the silver mines of Banos de la Encina in Andalusia, depicts the child in a short tunic, barefoot, carrying the tools of his trade, a miner’s axe and basket.”[3], exhibiting the existence of child labour during ancient Roman and Greek civilizations. In the Indian context, child labour has existed in the country since times immemorial as children and their parents used to work together in the farms for it served the purpose of training children for their future. (more…)

The Saga of Sports and Law in India

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Many facets encompass sports ranging from organizing, infrastructural and financial requirements, access of necessary paraphernalia, sponsorship to participation, broadcasting, popularising, building camaraderie amongst groups, clubs, entertainment and reflection of the public fervour and national as well as international representation. The sports field is amongst the rapidly increasing and emerging fields of growth in terms of competition as well as contribution to the world economy amounting to 3%. Basic question of need for a sports law despite the existence of many influential sports federations and bodies, the state role in rendering conducive conditions for physical fitness to curb the exploitation and ignorance of the sports players and athletes and most importantly, incentivising sports players and other stakeholders, the government ought to creep in the sports arena and regulate the same. (more…)

Telangana: History and Issues

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Telangana was a region in the present state of Andhra Pradesh and formerly was part of Hyderabad state, which was ruled by Nizam. Andhra Pradesh State has three main cultural regions namely, Telengana, Coastal Andhra region and Rayalaseema. The Telangana region has an area of 114,840 square kilometres and a population of 35,286,757 (2011 census), which is 41.6% of Andhra Pradesh state population. The Telangana region comprise of 10 districts: Adilabad, Hyderabad, Khammam, Karimnagar, Mahbubnagar, Medak, Nalgonda, Nizamabad, Rangareddy, and Warangal. The Musi River, Krishna and Godavari rivers flow through the region from west to east. (more…)