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Showing posts from May, 2023

Fundamental Rights in India v. American Bill of Rights

Introduction The Framers of the Indian Constitution took as long as 2 years, 11 months and 18 days to draft the longest Written Constitution in the world. Resulting from several deliberations amongst numerous members of the Constituent Assembly, the final draft of the Constitution of India, 1950 was enacted on the 26th of January, 1949. The original Constitution consisted of 395 articles in 22 parts and 8 schedules. It was ultimately an amalgamation of the best features adopted from various constitutions across the globe. However, these features were delicately moderated to meet the needs and aspirations of Independent India. The most important feature of the Indian Constitution, from the perspective of her citizens, is Part III which deals with Fundamental Rights. This Part discusses the relationship of justice and fairness between the State and the citizens. It enhances the rights that all citizens, and in some cases non-citizens, are guaranteed protection against the State's ar...

Attempt to Suicide: A Crime in India

Introduction Suicide is a deeply distressing and complex issue that affects individuals, families and communities worldwide. Among the nations grappling with this dilemma is India, a country that has a complex relationship with suicide, blending cultural, religious and legal perspectives. Several instances ranging from the widespread news of Farmer Suicides to the death of Bollywood Actor Sushant Singh Rajput, have brought mass public attention to the concept of suicide. While awareness about psychological treatments for suicide has increased over time, critical questions regarding its legal status and moral implications are also being raised. This article delves into the legal aspects of attempt and abetment to suicide and the act itself, in India. The Legal Perspective Suicide finds its roots in the Indian Legal System through Sections 306 and 309 of the Indian Penal Code (IPC), 1860 . On the one hand, the former provision deals with punishments for the abetment of suicide, i.e., A...

The Merchant of Venice: A Legal Perspective

Introduction 'Rationality' is an attribute of law and is visible when the law is enforced. Contracts between two or more parties are prevalent in society since before the 16th Century. The legal systems of the 16th and 21st Centuries vary according to the evolution of thought. 'The Merchant of Venice',  set in the 16th Century,  is an English play written by the infamous William Shakespeare. The play focuses on the enforceability of a contract between a Jewish money-lender, Shylock and a Christian merchant, Antonio, in a Venetian court of law. This article analyses the contract between the two concerned parties and focuses on the rationality of the same. It also compares the issues prevalent in the 16th Century and the present time. Background of the Play Antonio, a Christian merchant signs a contract with Shylock, a Jewish money-lender, in Venice. As per the contract, Antonio takes a loan of 3000 Ducats from Shylock and agrees to repay it to him within a  specified tim...

Evolution of the Indian Jury System

Introduction Justice has been the foundational aspect of mankind since the beginning of time. In the gravest of forms, it has highlighted the darkest sides of human beings over time. Justice has also led to the formation of Nations and different communities across the world. However, while the elementary aspect remains the same, the execution of justice differs from Nation to Nation. Different forms of the State adopted different systems of delivering justice. The Monarchy, Dictatorship and Oligarchy chose a leader, in some cases also hereditary, to govern the people, regulate their actions and punish them in case of any offences. Democracy, on the other hand, chose to give the people a choice to elect their leaders who further governed them and made decisions that were in favour of the public interest. On studying the consequences of the different forms of government, Justice was found to be so vital that it was given the status of being one of the 3 pillars of democracy, alongside th...

Minimum Wages: Significance During the Covid - 19 Pandemic

Introduction The cost of ten grams of gold has soared beyond Rs. 50,000/- in today’s fast-growing world. Investing in gold is just a ‘dream’ of many, as people are struggling to find jobs and earn enough money for their daily bread and butter. In addition to those who do not have jobs, employed people are also not able to provide for themselves. This condition is prevalent in rural and urban India despite laws being formulated to ensure timely payments to workers. This issue causes a hindrance to the development of the Indian economy. The development of a Nation’s economy depends on the financial development of the citizens. If the workers do not receive monetary compensation in return for the work they do, their health will be jeopardized, resulting in the dormant development of India as an economy. Many people in India are unaware of the laws formulated for the regulation of workers’ salaries. This lack of awareness restricts the aggrieved to come forward and raise a complaint agai...

Uniform Civil Code: Required or Not?

Introduction India has been a land of diversity since before independence and it continues to do so even today. But as every coin has two sides, the diversity of different religions and cultures has resulted in problems which have arisen due to the legal provisions associated with the Constitution of India related to the diversity of customs and traditions. The personal laws as mentioned in the Constitution of India are different for all the four religions which are recognized in India. This difference results in a violation of the other rights bestowed upon the citizens of the country. For instance, A is a Muslim man who is married to B who is a woman. Since A and B are Muslims, their Marriage is registered under the Muslim Personal Law (Shariat) Application Act, 1937. A and B have two children namely C and D. C is their daughter and D is their son. A and B both decide to make a will in which it is mentioned that 50% of the total property will be inherited by D and 25% will be inher...

Right to Abortion in the US - Overruled

  Introduction ‘Abort the child if you do not want to raise it’, is a phrase that is used by people as a casual general statement. Even if impregnation is a natural process, it is up to the discretion of the mother whether he/she/they want/s to proceed with the pregnancy or not. Contraceptives and condoms cannot be entirely relied upon when one indulges in intercourse, to avoid pregnancy. This is because even if these products are used to prevent pregnancy, the fact is that impregnation through intercourse is a natural process and no one has control over it. It may happen or it may not. This is where ‘abortion’ enters the limelight. Abortion is the “Deliberate termination of a human pregnancy performed by medical experts.” In olden times and even today, abortion is not widely accepted by people to be reasonable and there are cases in which the woman is forced to raise the child against her will. The legal aspect of abortion differs from country to country which means that in some...