CASE COMMENTARY: LT COL. NITISHA V. UNION OF INDIA
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
2y ago
The authors of this post are Diya Agrawal & Muskan Pamnani , students at National Law University, Delhi and Dr.Ram Manohar Lohiya National Law University, Lucknow. Introduction In February 2020 the Hon’ble Supreme Court (SC) of India in the case of Ministry of Defence v. Babita Puniya (‘Babita Puniya’) upheld the claim of women Shot Service Commission (SSC) officers to be granted a Permanent Commission (‘PC’) in the Indian Army. After a year, on 25th March 2021 in the case of Lt Col. Nitisha v. Union of India the SC dealt with the criteria outlined in Babita Puniya for granting of Permanen ..read more
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A Conundrum of Personal Liberty – Transit Anticipatory Bail
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
2y ago
The author of this post is Mr. Mohit Kandpal, student at National Law University, Orrisa. Introduction For the past sometimes, we have witnessed plenty of activism regarding the content over the internet. Be it the people getting offended over Tandav, the Amazon Prime web series, or be it the furor over the Greta Thunberg Toolkit leak, what remains common is numerous FIRs getting registered all over the country. Due to the global reach of the content, using the internet, the offense can be alleged at places that otherwise might have nothing to do with the person accused. While the Internet has ..read more
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VICTIM COMPENSATION SCHEME AND THE ROLE OF LEGAL SERVICES AUTHORITIES IN ITS IMPLEMENTATION
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
3y ago
The author of this post is Ekta Chandrakar , Alumni- HNLU Raipur and currently pursuing LLM from Symbiosis Law School, Nagpur Introduction The objective of any criminal justice system is to protect people’s rights and society from criminals by punishing the convicts when they break the law. When a person is found guilty, he or she is sentenced to prison, among other things, and undergoes rehabilitation. The criminal justice system focuses entirely on the perpetrator, safeguarding his or her rights, punishing him or her, and utilising all available means to bring about his or her reformation th ..read more
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Is India moving towards the path of Judicialization of Mega-Politics?
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
3y ago
The author(s) of this post are Priyansh Agarwal & Komal Agrawal , student of Law at JGLS, Sonipat and LLM Graduate from Jaipur National University respectively. To begin with, we need to determine and understand the meaning of the term “Judicialization of Mega-Politics”. As Ran Hirschl (p. 98) pointed out, the term means the involvement of courts and judges in the core prerogatives of the executives or scrutiny of such prerogatives of the executives in the matters related to foreign affairs, national security and public policy, or the oversight of judges and courts of the electoral process ..read more
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Analysing the “The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020” – Is it violative of the Right to Privacy and Freedom of Religion enshrined under the Constitution of India?
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
3y ago
The author of this post is Suryanshu Priyadarshi , student of Law at School of Law, Christ University. The Uttar Pradesh Government had passed an Ordinance in November, 2020 to outlaw conversions through misrepresentation, force, coercion, undue influence, allurement or by any other fraudulent means or by marriage, etc. On the occasion of the relevant bill being passed (following the Ordinance) in the Month of February, 2021 by voice vote in the assembly, it was reported that – “The new legislation in Uttar Pradesh against forced conversions fulfils Chief Minister Yogi Adityanath’s vow to comb ..read more
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Changing Dynamics of ‘Workplace’: Sexual Harassment and Work from Home
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
3y ago
The author of this post is Kavish Arora, student of Law at Symbiosis Law School Hyderabad. Introduction It is no secret that the COVID-19 pandemic has had unprecedented ill-effects across the entire world. While the prevalence of the pandemic is unknown and the lockdowns becoming increasingly common, the work from home environment is designed to strive. The concept of work from home has led us to adapt to a lifestyle which seemed otherwise unattainable and is now being referred to as the ‘new normal.’ It can be safely assumed that this system may prevail even after the pandemic, thus it become ..read more
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CELEBRATING AN ORTHODOXIAN REGIME: TURNING A BLIND EYE TO A BROKEN ONE
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
3y ago
The author of this post is Sukriti Nigam, student of Law at Maharashtra National Law University. I.INTRODUCTION Torture, as a way of inflicting dominance over the weak, has remained in existence from time immemorial. Despite the lack of moral conscience, it has managed to be a huge part of the administration in both the colonial and post-colonial era, around the world. The history of the world suggests that torture has always remained a convenient option for those who remain in power and enjoy immunity from laws. Torture was and still is used as a method to extract information, render punishme ..read more
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AN INSIGHT INTO THE DATA PROTECTION REGIME OF INDIA ABOUT THE WHATSAPP NEW PRIVACY POLICY
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
3y ago
The author of this post is Ashwin Singh, student of Law at Symbiosis Law School, Pune. ABSTRACT Since 9/11 there have been an increased focus, understanding and interest of the citizens and government towards private data.  The citizens, on one hand, have become more focused on protecting their private data from anyone who wants to acquire it for any reason whilst on the other hand the government has acquired an interest in private citizen’s data for various administration and other purposes. However, since the rise of the postmodern era and with the rise of various Multi-National Corpora ..read more
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Blockchain Technology as a potential guide for contact tracing applications? – A Privacy Outlook.
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
3y ago
The author of this post is Shaurya Shukla, student of Law at Chanakya National Law University, Patna. INTRODUCTION The power of sensation is extramundane in this avant-garde era. Hence, no wonder why we have the power to bend and mend matters with technology. The said weapon has become a leviathan to meet the ends of a global crisis that we are facing today under an application that emphasizes the idea, “prevention is better than cure”. The invention of “contact tracing apps” has become the northern star in aiding the covid warriors.  If a solution to any problem is easily derivable then ..read more
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Defamation of Wife by Husband
The Criminal and Constitutional Law Blog
by The Criminal and Constitutional Law Blog
3y ago
The author of this post is Ritwik Tyagi, student of Law at National Law University, Nagpur. INTRODUCTION The offence of defamation has long been challenged as being a relic of India’s colonial past. It is argued by many proponents of this position that defamation must be either done away with completely or at least be decriminalised. A private members’ bill was also introduced in early 2017 to decriminalise defamation. The reason is that the offence of defamation is an unwarranted restriction on the right to free speech and must be relooked. It is put forth that a civil action for defamation m ..read more
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