The Draft Provisions for RPWD Act, 2016 – Its Introduction, Rollback and Theorizing The Scenarios Of Its Enforcement
NotJustLex
by abhishek Sinha
3y ago
Recently, the Department for Empowerment for Persons with Disabilities of Ministry of Social Justice and Empowerment dispatched invites for recommendation to seven select organisations, in pursuance of their feedback regarding its proposal to revise the penal provisions in the Rights of Persons with Disability Act, 2016 (the “Act”). The manner in which the representatives of the disability sector were chosen was perceived as discriminatory and it was challenged by the National Platform for the Rights of the Disabled (NPRD).  The Act acknowledges 21 forms of disabilit ..read more
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A CLOSER LOOK: RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
NotJustLex
by abhishek Sinha
3y ago
“I have not been handicapped by my condition. I am physically challenged and differently able.” – Janet Barnes – recognised as the longest living quadriplegic incomplete (Guinness World Records) Introduction According to the United Nations factsheet, the world’s most significant minority is that of differently-abled persons. India, with its massive population, is home to a vast number of differently-abled people. Along with numerous inspirational stories are also the stories of woe about the poor infrastructure facilities, inadequate laws and unfathomable obstacles. Not o ..read more
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DELAWARE – A DREAMLAND FOR CORPORATES?
NotJustLex
by abhishek Sinha
3y ago
Introduction What do Walmart, Amazon, CVS health, Berkshire Hathaway, Coca Cola, and Ford Motors, and the other 60 % Fortune 500 companies have in common? State of Incorporation – Delaware, United States of America (“Delaware or the “State”). Half of the publicly traded companies listed on the United States of America (“USA”) stock exchanges are incorporated in Delaware. Delaware is also a leading jurisdiction for out-of-state corporations (where a company is incorporated in one state and headquartered in another state). The reasons for such attraction of incorporators towards Dela ..read more
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India’s Manual Scavenging Problem
NotJustLex
by abhishek Sinha
3y ago
Even after 70 years of independence and 25 years after it has been declared illegal, it is very depressing and unfortunate to see manual scavenging still being practised in India. The Socio-Economic Caste Census of 2011 had summed up more than 1.82 Lakh families, in which at least 1 member was employed in this dehumanizing practice. But, several NGOs working in eradicating this social evil have pegged the numbers of manual scavengers at over 5 Lakhs. Introduction and Brief History Manual scavenging involves various processes, for example, manually cleaning, moving or disposing ..read more
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RIGHTS OF SCHEDULED TRIBES IN INDIA
NotJustLex
by abhishek Sinha
3y ago
The Scheduled Tribes (ST) of India is an umbrella term officially designated in the Constitution to refer to the variety of tribal communities inhabiting India. The Scheduled Tribes are one of the most economically and socially marginalised communities in the country. Common characteristics of Scheduled tribe populations include “indications of primitive traits, distinctive culture, geographical isolation, shyness of contact with the community at large, and backwardness.” Adivasi is the colloquial term used for the Scheduled Tribes, which means ‘original inhabitants’, however ..read more
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INCARCERATION DUE TO DEBT: A STUDY OF BONDED LABOUR IN INDIA
NotJustLex
by abhishek Sinha
3y ago
“If slavery is not wrong, nothing is wrong” – Abraham Lincoln INTRODUCTION   Bonded Labour is a socio-economic practice. As per the definition provided under Section 2(e) of the Bonded Labour System (Abolition) Act, 1976, bonded labour means, “any labour or service rendered under the bonded labour system.” In other words,  bonded labour occurs when an individual pledges for their labour and services as security for the repayment of the loan or any other obligation. Once an individual detains t ..read more
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Victim Stigmatisation in Restorative Justice
NotJustLex
by abhishek Sinha
3y ago
“every justice brings injustice” The idea about justice is so divergent that any attempt to design a universal remedy within the traditional way of justice would be a perfect dissonance. The intellectual thoughts on diverse perspectives and approaches, considering the dynamic needs of the society, made the emergence of Restorative Justice. Earlier, the system included the victim and the offender. The perception was who is taking the responsibility, who is the offender, and who is the victim. This gave a sense of satisfaction about the justice being served or culprits being behind the bars, i ..read more
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Structural Realities of How Justice is Denied
NotJustLex
by abhishek Sinha
3y ago
The criminal justice system is a system which affects every individual of the country, irrespective of nationality, sex and religion, whether or not we have come in contact with it. It has a higher purpose of serving the public good through due process and protecting its people from harm. When we think of the criminal justice system, the first thought that crosses our minds is the judiciary, however, there are innumerable facets to be explored within this system and the primary stakeholders in it are the police, the prison systems, legal aid providers and the judiciary. The Indian Justi ..read more
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ANTI-TORTURE LAW – AN EXIGENCY IN INDIA
NotJustLex
by abhishek Sinha
3y ago
“Torture is wound in the soul so painful that sometimes you can almost touch it, but it is also so intangible that there is no way to heal it.”- Adriana P. Bartow It was as early as 1980 when Justice V.R. Krishna Iyer put forth the question ‘who will police the police?’ This question resurfaced recently in the horrifying custodial deaths of the father-son duo in Tuticorin, Tamil Nadu sending shockwaves across the whole nation. While the masses questioned the abuse of power by the police, a simultaneous outrage for the need of an anti-torture law swept throughout the ..read more
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Police Brutality in India- Accountability?
NotJustLex
by notjustlex
3y ago
The debate and outrage over the recent police brutality incident in the United States has significantly broken the internet and has captured the attention of people all around the world. Sadly, India has a rich history of police brutality on its own. Instances of police bias, unfair treatment and brutality, illegal detention, as well as selective victimization of certain communities occur on a day-to-day basis. However, most of these incidents go nameless and the outrage against these methods is minimal. So, what will it take for Indians to demand proper police reform and how is this reoccur ..read more
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