Volume 1 Issue 8

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Authored by:

Ms. Shraddha Malu

BBA LL.B (H) Student

 

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Co-Authored by:

Ms. Madhulika Agrawal

BBA LL.B (H) Student

 

Rights of a Dead Person

This thesis throws light on the rights of the dead person. This Article asks why the law gives decedents certain legal rights but not others. This article assessed the rights of the dead person in India and all over the globe. Salmond was of the view that the personality of a man commences from his birth and ends with his death. Interestingly, everyone knows what a dead is but never knows about the dignity, reputation that the dead person holds. Law protects the reputation of the dead. Due to rigorous treatment on the dead it is essential to know the facts and follow the rules and regulations about how a corpse should be treated. In India, some rights have been provided by statutes like the Indian Penal Code and the Indian Constitution to the bodies of people after they die.... 

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Authored by:

Ms. Vidisha Rana

Second Year B.A. LL.B (H) Student

 

Judicial Control of Delegated Legislation

Delegate means to hand over some power to any other authority. There 3 types of legislations which can be delegated, i.e., judicial, legislative and other control. As per the topic suggests, the paper talks about judicial control of delegated legislation. There are basically two tests to identify the validity of delegated legislation, Substantive ultra vires and Procedural ultra vires. Again, under substantive ultra vires there are various grounds under which a delegated legislation can be held invalid. If the power delegated contains any of the grounds mentioned in it, it is going to be said as invalid. So, before delegation it is important to keep those points in the mind.... 

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Authored by:

Ms. Dhairya Arora

Fifth Year B.A. LL.B (H) Student

School of Law, KIIT University, Bhubaneswar

 

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Co-Authored by:

Mr. Anirudh Jena

Fifth Year B.A. LL.B (H) Student

School of Law, KIIT University, Bhubaneswar

 

Critical Analysis of the Personal Data Protection Bill, 2019

Today almost everything about your daily life is being monitored, such as locations you visit, pictures, any transaction you make, etc. is being tracked by corporations and this information is being sold to organizations by companies who monitor your data. All this is done without your permission, which is morally incorrect. In this rapid age of technology and the internet, data is the greatest asset for a person, but at the same time the most insecure asset. About every area of everyday life, not only limited to health care, banking, travel, etc., allows us to share our private information with another person or organization for the same to be processed in order to provide us with the relevant services. Some of the information is exchanged willingly and, in some situations, inadvertently where we are obliged to disclose the information to make use of the service needed... 

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Authored by:

Ms. Shiva Joshi

Fifth Year Law Student

Amity Law School, Haryana

 

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Co-Authored by:

Ms. Anjali Sharma

Fifth Year Law Student

Amity Law School, Haryana

 

Acceptance of the Other: 
A Scenario on the LGBTQ Community

This paper has tried to opulently highlight the journey of the LGBTQ Community within every culture and every society of this world. This paper depicts the universal history of the community, along with a separate mention to the Indian society and the changes which have been brought about.

Although the right to live one’s life with liberty is the basic structure regarding International Human Rights and is mentioned in every legal document which formats the socio-legal structure of that society, the fact that some laws completely go against the well-being and acknowledgement of a certain community cannot be looked over... 

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Authored by:

Mr. Arunav Bhattacharjya

Third Year B.A. LL.B (H) Student

National Law University, Assam

 

A Study of the Mines Act, 1952

In India, laws relating to labour and employment comes under the broad category of industrial laws. For any country in the world, industrialization is primarily regarded as one of the key engines to economic growth and ensuing prosperity in the country. Commence of industrial processes and the ensuing growth process is not an individual venture or effort of the employer alone but it involves the cumulative hard work and hard-boiled grind of the stakeholders, which involves the employers, employees, supervisors, managers and the entrepreneurs... 

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Authored by:

Mr. Soham Banerjee

First Sem, (3 Years) LL.B (H) Student

J.B. Law College, Guwahati

 

An Attempt to Understand the Impact of Anti-Superstition Laws

Superstition is one the biggest curses that I believe humans have borne over ages. Even in this modern society we find instances of inhumane behavior also, some very immoral and unacceptable acts that happen just because of our false beliefs and desires. Each year many innocent people lose their lives to this activity just for the sake of some misconceptions that we grow in our minds. It is necessary to understand that no religion allows any kind of activity that harms others, even some scriptures warn people that thinking bad about others may throw you in trouble; after all we are the most intelligent creatures on earth and therefore a sense of rational thinking and humane actions are always expected from us for a healthy society... 

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Authored by:

Ms. Punyasha Panda

Second Year BBA. LL.B (H)

University of Petroleum and Energy Studies

 

 

Marital Rape:
The Legal Crime in India

Marital Rape or Conjugal Assault is a part of marriage that is exclusively not dealt with by the present existing laws. This paper is an endeavour to illuminate the perspective and the current laws that can be utilized as protection by an accomplice in the event of a Conjugal Assault. There are many slipping assessments on the possibility of Conjugal Law, few are that Criminalization of Conjugal Law would defect the establishment of marriage, and Courts aren't supposed to interfere within what goes around within a couple...

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Authored by:

Ms. Anamika Rastogi 

Law Student

 

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Co-Authored by:

Ms. Anjali Gupta

Law Student

 

Cremation and Its Adverse Scenario in The Current Pandemic

Worldwide spread of COVID-19 in a quite short time has brought a tremendous devastating impact to the environment and sentiments of people. The corpses drifting down the Ganges River, which Hindus consider sacred, have shocked a nation reeling under the world's worst surge in infections. One can see the dumped dead bodies of COVID-19 patient in some rivers of India. A state government made the first official acknowledgement of an alarming practice it said may form from poverty and fear of the disease in villages.

 

This study focuses on the bodies of those who have succumbed to Covid-19 or any other diseases are being thrown into rivers instead of being disposed off as per proper which may result in the harmful effect on the health of locals. To aid the cremation of the body, the crematorium was running out of wood used to lay out a funeral pyre. It takes at least 400-500 kg of wood to cremate one body.... 

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Sexual Harassment & The CJI;
In RE: Matter of Great Public Importance Touching upon the Independence of Judiciary:
Suo Motu Writ Petition (C): 01/2019

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Authored by:

Ms. Aayushi Gupta 

 

As there is improvement in the education system and employment opportunities, lots of women are entering the commercial world to contribute to the country's economy. This step of women is not at all appreciated by every man and therefore they try to defame them or have wrong intentions towards them which would lead to sexual exploitation. According to Maneka Gandhi, it is the duty of the country to take all the necessary steps to eliminate this evil act from society as women have a right to work in a safe environment...

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Authored by:

Ms. Anjika Verma 

Fourth Year Law Student

GGSIPU

 

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Co-Authored by:

Ms. Gauri Kapil Katiyan

Fourth Year Law Student

GGSIPU

 

Marital Rape: The Irony of Concepts

Living in the year that we are living in, it is truly regrettable that we still have to debate as to whether or not a married woman has rights over her own body. While the naysayers continue to defend the sanctity and piousness of the institution of marriage, it is high time that India should now replace this self-damaging (for women) view of conjugal relationship with the one that makes the mutual consent, respect and will, the true foundation of marriage relationship in India. Women being treated as objects in most marriages is not only demeaning to her but also to all of those women who are part of this mind-set. It looks like the concept of consent and will never exists.

A ten year old girl was married to a thirty year old man. Since marital rape has not been a concept, the man was charged for rape. One of the most frightening cases of marital rape was Phoolmani Dasi (also known as Maharani v/s Hari Mohan Maity). Although the autopsy report clearly indicated an injured vagina as the cause of death, the husband was later acquitted of the rape charge because law of rape excluded marital rape from the purview of law. On 9th January, 1891, the Viceroy of India presented a bill before the Council of India, called the “Age of Consent”. Previously, the age of consent had been said at 10 years at 1860. After the bill was passed in 1891, the Section 376 included sex with a girl under 12 years even if the person is the wife of the perpetrator, as rape....