Criminal Defamation: Need for a paradigm shift

By Anjali Rawat, RMLNLU, Lucknow.

Defamation generally can be defined as publication of a statement which lowers or deteriorates the reputation of an individual in the eyes of the society which results in bad treatment of that individual by the members of society in ways such as avoiding or shunning. Defamation is of two types- libel i.e. by publication on paper or something which makes it permanent, and slander i.e. by words or gesture. (more…)

Women in Rural India: Prospects and Challenges

By Deepali Bagla, Pravin Gandhi College of Law, Mumbai.

India is a country of villages as the majority of its population lives in villages and far-flung remote areas. The interesting aspect is that every region of the country though connected with the cities now; however, still possesses its own peculiar traditional ethos. Also most of the rural communities are still devoid of modern facilities like education, electricity, proper drinking water, health care, ample transportation, etc. But the lack of education in many of the rural belts of India is proving fatal and acting as the breeding ground for social vices, evils and paving the way to anti-social/national activities. (more…)

SEBI steals a march on Sahara

By Swatilekha Chakraborty, Symbiosis Law School,Pune.

Remarkable role of SEBI in the SEBI Sahara legal dispute

The role of SEBI as an investor protection agency is truly a remarkable. The jurisdiction granted to it under Sec. 55A of the Companies Act and Sec. 11 of the SEBI Act had been contended by Sahara, and was negated by the Securities Appellant Tribunal (hereinafter called SAT). Aggrieved by the judgement of granting jurisdiction to SEBI, Sahara filed appeals, under Section 15Z of the SEBI Act. The question before the Apex Court was whether SEBI could exercise its jurisdiction under Section 55A of the Companies Act administering Sections 11(1), 11(4), 11A(1)(b) and 11B of SEBI Act. Further, violation of mandatorily getting listed under Sec. 73 of the Companies Act was brought to the notice of the Apex Court and how Sahara had not complied with the DIP Guidelines. Open violation of Sec. 67(3) was seen in the Information Memorandum and the Red Herring Prospectus which was issued by Sahara to the public. The role of SEBI in bringing Sahara to justice has been a magnanimous one. (more…)

Competition Law and Public Procurement

By Archit Gupta, National Law Institute University, Bhopal.

Governments devote a large share of taxpayers’ money to public procurement – purchasing goods and services from road building to school textbooks. Besides the central ministries and departments, public sector enterprises also form a major share in the overall public procurements. According to a paper by the Competition Commission of India (CCI), out of the total public procurement, public sector enterprises (PSEs) alone procure to the extent of 8 lakh crore annually (the figure relates to 2008-09)[i]. This activity is quite vulnerable to corruption and rigging with the involvement of both government officials and suppliers. Collusion between suppliers emerges in the form of bid-rigging and collusive bidding. Cartelization among suppliers with the help of government officials is a common feature and is the root cause of corruption. (more…)

An Expository Analysis of One Person Company Concept: Is it an Arrow shot in the Dark or is it Serving its Purpose?

By Aashna Jain, National Law University, Jodhpur.

The 1956 Act had been in need of a substantial revamp for quite some time to make it more contemporary and relevant to corporates, regulators and other stakeholders in India. The Companies Act, 2013 brought the much needed changes in the corporate arena. Amongst those major changes, the introduction of One Person Company (hereinafter referred to as O.P.C.) concept is a landslide shift in the conventional form of a company. It actually came into effect in the year 2014 after the publication.[1] (more…)

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

DraftNWP2012_Wordle

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…)