...CRIMINAL LAW Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law differs from civil law, whose emphasis is more on dispute resolution and victim compensation than on punishment. Objectives of criminal law:Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules.[7] Every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime. Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restoration. Jurisdictions differ on the value to be placed on each. Retribution...
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...ARGUMENTS AGAINST LAWS CRIMINALIZING MARITAL RAPE Marital rape is rape within a marriage, where consent to sexual intercourse is not given. According to Wikipedia, which defines it rather succinctly, “Marital rape, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim’s spouse. As such, it is a form of partner rape, of domestic violence, and of sexual abuse. Once widely condoned or ignored by law, spousal rape is now repudiated by international conventions and increasingly criminalised. Still, in many countries, spousal rape either remains legal, or is illegal but widely tolerated and accepted as a spouse’s prerogative.” The root of the generic term “rape” can be traced from the latin term “Raptus”, which literally means “to seize” and in Roman law, it was used to imply violent theft, in relation to both property and person. Since, historically, a woman was also considered a property, rape was synonymous with abduction and a woman’s abduction or sexual molestation, was merely the theft of a woman against the consent of her guardian or those who had lawful custody of her person. The injury, ironically, was treated as a wrong against her father or husband, women being wholly owned subsidiaries. Such was the appalling status of women. Not surprisingly, thus, married women were never the subject of rape laws. A legal immunitywas bestowed upon husband in respect of his wife, sprouting solely and wholly by virtue of the marital cord. Section 375...
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...CONTENTS Page No. 1. 2. 3. Introduction Meaning of Crime/Violence against Women Constitutional and Legal Provisions for Women 4. Constitutional Provision Legal Provisions 1 1 2 2 3 4 4 7 9 13 14 15 16 17 19 Classification Crime Against Women Crimes under Indian Penal Code Crimes under Special and Local Laws Reported Incidents of Crime Crime Against Women in Cities 5. 6. 7. 8. 9. International Initiatives to Curb Gender Violence National Initiatives to Curb Gender Violence Verma Committee Report Conclusion Annexures Crime Against Women 1. INTRODUCTION In the ancient Indian women held a high place of respect in the society as mentioned in Rigveda and other scriptures. Volumes can be written about the status of our women and their heroic deeds from the vedic period to the modern times. But later on, because of social, political and economic changes, women lost their status and were relegated to the background. Many evil customs and traditions stepped in which enslaved the women and tied them to the boundaries of the house1. The official statistics showed a declining sex-ratio, health status, literacy rate, work participation rate and political participation among women. While on the other hand the spread of social evils like dowry deaths, child marriage, domestic violence, rape, sexual harassment, exploitation of women workers are rampant in different parts of India. Humiliation, rape, kidnapping, molestation, dowry death, torture, wife-beating etc. have grown...
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...In 1988 the Securities and Exchange Board of India (SEBI) was established by the Government of India through an executive resolution, and was subsequently upgraded as a fully autonomous body (a statutory Board) in the year 1992 with the passing of the Securities and Exchange Board of India Act (SEBI Act) on 30th January 1992. In place of Government Control, a statutory and autonomous regulatory board with defined responsibilities, to cover both development & regulation of the market, and independent powers have been set up. Paradoxically this is a positive outcome of the Securities Scam of 1990-91. The basic objectives of the Board were identified as: * to protect the interests of investors in securities; * to promote the development of Securities Market; * to regulate the securities market and * for matters connected therewith or incidental thereto. Since its inception SEBI has been working targetting the securities and is attending to the fulfillment of its objectives with commendable zeal and dexterity. The improvements in the securities markets like capitalization requirements, margining, establishment of clearing corporations etc. reduced the risk of credit and also reduced the market. SEBI has introduced the comprehensive regulatory measures, prescribed registration norms, the eligibility criteria, the code of obligations and the code of conduct for different intermediaries like, bankers to issue, merchant bankers, brokers and sub-brokers,...
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...April 2013 Current Affairs Study Material INTERNATIONAL China, Russia, Pakistan discuss Afghanistan situation Officials from China, Russia and Pakistan on 3 April 2013 held talks on the issue of coordination between their positions on Afghanistan.The officials from three nations backed the Shanghai Cooperation Organisation (SCO) that is grouping to play a great role in Afghanistan after the withdrawal of NATO Forces in 2014. These talks were held to enhance coordination. The talks followed a similar meeting India, China and Russia held in Moscow recently, reflecting the delicate balancing act — and increasingly complicated regional dynamics — as different countries look to push their interests in the lead up to 2014. Malaysia PM Dissolves Parliament On 3 April Malaysian Prime Minister Najib Razak has dissolved the Parliament ahead of a general election.This dissolution will pave the way for the 13th general election.The elections have to be held before June 2.The Barisan Nasional coalition that has ruled Malaysia since independence in 1957 is expected to face a stiff challenge in the polls from the opposition three-party Pakatan Rakyat (People’s Pact). Tammam Salam named as Lebanon new Prime Minister On 6 April well-known Sunni lawmaker Tammam Salam has been named Lebanon’s new prime minister , after receiving overwhelming parliamentary support.His appointment comes after previous prime minister Najib Mikati resigned and effectively brought down his Hezbollah-dominated...
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...The word Lokpal was coined in 1963 by L.M. Singhvi, a Member of Parliament during a debate in Parliament about grievance redressal mechanisms. His son Dr. Abhishek Singhvi was head of the Parliament standing committee reviewing the bill[8] but later resigned from the post after a sex-tape controversy.[9] In order to bring to the attention of the government, the importance of enacting this bill, a focused campaigning was started in the form of the India Against Corruption (IAC) movement. Anna Hazare is heading core members of civil society and IAC movement. Being a foreground for Jan Lokpal campaign, IAC has also set up a website www.indiaagainstcorruption.org to encourage suggestions and objections from citizens across India.[7] Through these collaborative efforts till August 2011, IAC was able to upload the 23rd version of Jan Lokpal Bill draft.[10] Lokpal Bill The Lokpal Bill was first introduced by Shanti Bhushan in 1968[11] and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, the Lok Sabha was dissolved and the bill lapsed.[12] Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008,[13] but none of them were passed. In 2011, during the Parliament's Winter Session, the Lok Sabha passed the controversial Lokpal Bill, but it was subsequently turned down in the Rajya Sabha.[14] Timeline and cost The Lokpal Bill has been introduced in the Parliament a total of eight times since 1968. * 1968 – 3 lakh[15]...
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...This Project has been submitted by Ms. Vidhisha S. Ambade ID No: 214083 On Family Law During the Winter Semester 2015 IRRETRIEVABLE BREAKDOWN OF MARRIAGE INTRODUCTION Marriages in India are defined as bonds made in heaven and solemnized on earth. For Hindus it is a sacrament, for Muslims it is a sanctified contract and for Christians a sacred knot1. Complexity of the modern society and its consequences such as fast changing socio economic conditions, the disintegration of joint family structure, the rapid development of industrialization and urbanization, education, employment and laws giving equal status and rights to women, led a tremendous impact on the institution of marriage. Few decades ago divorce was considered as an evil, the grounds of divorce were very limited and it was sought only under compelling circumstances. Positions have however, changed now. Marriage is no longer treated as an insoluble union. Truth be told, there has been a considerable legislative and judicial interference in the sphere of marital laws during the past few decades all over the world. In view of the evolving times, divorce laws are being substantially modified and liberalized.2 Though divorce laws vary across jurisdictions, most countries follow two basic approaches to divorce viz. fault based and no-fault based. In India, the Hindu Marriage Act, 19553 for Hindus and the Special Marriage Act, 19544 for marriage...
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...National Events – 2013 January: S Ramakrishnan takes charge as Vikram Sarabhai Space Centre Director Senior scientist with four decades of experience in rocketry, S Ramakrishnan has assumed charge as Director of the Vikram Sarabhai Space Centre in Tiruvananthapuram. Ramakrishnan, who was director of the Liquid Propulsion Systems Centre (LPSC), succeeds P S Veeraraghavan. A Padma Shri award recipient, Ramakrishnan is an expert in aerospace propulsion, launch vehicle systems and project management. The new director was one of the scientists who took part in the mission to realise India's first satellite launch vehicle SLV-3. He was the mission director for PSLV C1, C2, C3 and C4 flights. Amitabh Bachchan, Vidya Balan named PETA's hottest vegetarian celebrities Bollywood megastar Amitab Bachchan and actress Vidya Balan have been named PETA's hottest celebrity vegetarians of 2012. The other names in the running were Miss India Neha Dhupia, actor Shahid Kapoor, Sonu Sood, southern star Dhanush, Kareena Kapoor and veteran actress Hema Malini. Bachchan, 70, has been named the hottest vegetarian celebrity three times in the past and even won the crown in PETA Asia's equivalent contest in 2011. Balan, who had won the crown in 2010 too, has often credited her curves to her meat-free diet. IPS officer creates triathlon record A senior officer of Andhra Pradesh cadre has created a record of sorts on completing a 695 km long journey from Visakhapatnam to Hyderabad on a bicycle. Rajiv Trivedi...
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...Preface There is no doubt that we are in the midst of a great revolution in the history of women. The evidence is everywhere; the voice of women is increasingly heard in Parliament, courts and in the streets. While women in the West had to fight for over a century to get some of their basic rights, like the right to vote, the Constitution of India gave women equal rights with men from the beginning. Unfortunately, women in this country are mostly unaware of their rights because of illiteracy and the oppressive tradition. Names like Kalpana Chawla: The Indian born, who fought her way up into NASA and was the first women in space, and Indira Gandhi: The Iron Woman of India was the Prime Minister of the Nation, Beauty Queens like Aishwarya Rai and Susmita Sen, and Mother Teresa are not representative of the condition of Indian women. Over 32000 murders, 19,000 rapes, 7500 dowry deaths and 36500 molestation cases are the violent crimes reported in India in 2006 against women. There are many instances of crime especially against women go unreported in India. These are figures released by the National Crime Records Bureau recently. While Madhya Pradesh is worst off among the states, the national capital New Delhi continues to hold on to its reputation of being the most unsafe city in India. Delhi takes the top slot for crimes ranging from murders and rapes to dowry deaths and abductions. It reflects country's law and order situation when its capital is a cauldron of crime. Instead...
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...LOK ADALATS INDIA INDEX 1. Main Issue 2. Introduction 3. Constitutional Mandate of Justice 4. WHAT IS LOK ADALAT? 5. Lok Adalat : Legislative Base 6. Recent Concept of Mobile Lok Adalat: Justice at the Door Step 7. Organizational Set-up of Lok Adalat 8. Jurisdiction of Lok Adalat 9. Award of Lok Adalat 10. Benefits under Lok Adalat 11. Benefits of the Lok Adalat can be well seen in newspaper articles 12. Permanent Lok Adalat 13. Drawbacks of Lok Adalat 14. Lok Adalat – Challenges Ahead… 15. CONCLUSION Main Issue Is Lok-Adalat efficient enough to bring a change in the litigation field of India. Introduction The philosophy of Alternate Dispute Resolution systems is well-stated by Abraham Lincoln: "Discourage litigation; persuade your neighbors to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expenses, cost and time." Justice delayed is justice denied. Lok-Adalat has symbolized a human sensitive forum to provide amicable, speedy, cheap justice by adopting informal procedure and avoiding technicalities. Present Research Paper has attempted the history and development of Lok-Adalat in India. An analysis has been made on potential utility of Lok-Adalat as one of the ADR tools. An exploration has been made about the validity of the award of Lok-Adalat and grounds that keep it open to challenge for its judicial review. Present paper, thus provide a deep insight of Lok-Adalat and its potential utility...
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...the Constitution Provides for Union Finance Minister headed GST Council Sets in a uniform and integrated indirect tax regime in India 14th Finance Commission submitted its report to President It covers the period between 1 April 2015 and 31 March 2020 The Commission headed by former RBI Governor Y V Reddy Provides for devolution of tax receipts from the Centre to the States Article 280 of Constitution provides for appointment of Finance Commission First and 13th Finance Commission was headed by K C Neogy & Dr Vijay Kelkar resp. Union government decriminalized Attempt to Suicide For this purpose Section 309 of Indian Penal Code removed 20th Law Commission headed by Justice A P Shah recommended in its 210 Report 210th Report on Humanization and Decriminalization of Attempt to Suicide France was the first country to decriminalize this offence Lok Sabha passed the Repealing and Amending (Second) Bill, 2014 Introduced as a periodic measure for updating the list of laws in force Seeks to repeal 90 laws and pass amendment to two laws Proposes to amend the two laws to rectify typographical errors The laws are Railways (Amendment) Act, 2008 and the Indian Maritime University Act, 2008 2 Karnataka Mobile One App launched for m-governance Launched by President Pranab Mukherjee in Bengaluru First such app in India to usher in an era of mobile governance ...
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...everything in mind and putting in their best efforts, it cannot visualize all possible situations in the future to which that law requires application. In today’s world everything is constantly changing. Nothing is static. As a result new situations develop and therefore law has to be interpreted accordingly. Herein, the role of judicial creativity comes into play i.e. to fill in the gap between the existing law and the law as it ought to be. The Judges have to be aware about the rapid changes that the society is undergoing, and they have to develop the law on those lines. Judicial activism in India encompasses an area of legislative vacuum in the field of human rights and it reinforces the strength of democracy. In C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, the court said that the role of the judge is not merely to interpret the law but also to lay new norms...
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...“Of all the evils for which man has made himself responsible, none is so degrading, so shocking, or so brutal as his abuse of the better half of humanity, the female sex”-Gandhi. The struggle women face for equality is a battle fought all over the world, but especially so in India. India was recently rated the worst place in the world to be a woman, defeating Afghanistan and Somalia. Women of India struggle to survive at every age from birth onward, facing hardships of neglect, rape, murder, poor healthcare and diet, violence, abuse, prejudice, and discrimination. The notion that Indian men have a hatred for women has really hurt India’s economy. Female tourist have become scared and turned off by the idea of visiting the country. India is the world’s largest democracy yet women there are treated as lesser beings. India has had women as prime ministers, a president, and other high ranking political positions and still they struggle to fight for equal rights for its women. This is ironic because many current politicians and powerful people in India are women. Although many politicians have made promises to change the poor treatment of their women little change has been seen. Many politicians in office currently have been charged with crimes against women as well. People are standing up to their politicians and government and letting their voices be heard. India has had an up and down battle with gender equality through the ages. It is believed that in ancient India women...
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...Jan Lokpal Bill : A Critique Submitted as per course requirement of Law and Social Transformation SUBMITTED TO: SUBMITTED BY: Dr. A.Jayagovind Umashankar Mishra Faculty for Law and Social Transformation I.D. 505 NLSIU, Bangalore LL.M. [1st year] Business law NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BANGALORE Acknowledgement I have endeavored to attempt this project. However, it would not have been feasible without the valuable support and guidance of Dr.Jayagovind. I would like to extend my sincere thanks to him. I am also highly indebted to National Law School of India University Library Staff, for their patient co-operation as well as for providing necessary information & also for their support in completing this project. My thanks and appreciations also go to my colleagues who gave their valuable insight and help in developing this project. Aim: ...
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...LIVE IN RELATIONSHIP http://en.wikipedia.org/wiki/Cohabitation_in_India Cohabitation or live-in relationships in India though not illegal, is considered socially and morally improper. Cohabitation is prevalent mostly among the people living in metro cities in India. Legal decisions[edit] Protection of Women from Domestic Violence Act 2005 recognises “relationship in the nature of marriage” and protects female partners from domestic violence. Such partners can claim monetary and other reliefs under the Act.[1] In S. Khushboo Vs. Kanniammal & Anr.,[2] the Supreme Court of India, placing reliance upon its earlier decision in Lata Singh Vs. State of U.P. & Anr.,[3] held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex. The Supreme Court on 13 August 2010 in the case of Madan Mohan Singh & Ors v. Rajni Kant & Anr. [4] has once again entered the debate on legality of the Live-in Relationship as well as legitimacy of Child born out of such relationship. The Court while dismissing the appeal in the property dispute held that there is a presumption of marriage between those who are in live-in relationship for a long time and this cannot be termed as 'walking-in and walking-out' relationship. In the case of Bharata Matha & Ors v. R. Vijaya Renganathan & Ors. [5]dealing with the legitimacy of child born out of a live-in relationship and his succession of property rights, the Supreme Court held that child born out...
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