When one goes into reading the various judgments involving questions based on Articles 25 and 26 of the Constitution of India, he tends to observe that there are numerous aspects the courts have to deal with. One of the interesting aspects out of these is the concept of â€˜essentials of religionâ€™. The three basic questions which are usually framed in these judgments are as follows: 1. Whether the individual has a right under Article 25 of the Constitution to profess, practice and propagate religion and the same is not against public order, health, morality or any of the rights conferred under Part III to any other individual(s)? 2. Whether the group seeking protection under Article 26 of the Constitution constitutes a religious denomination or a section thereof? 3. If any of the questions above, as the case may be, is answered in the affirmative, then whether the practice for which protection is sought either under Article 25 (1) or Article 26 (b) is an essential part of the religion? We shall be discussing these Articles in detail, which includes the rights they protect, the exception to which those rights are subject to, the various interpretations of Supreme Court regarding those rights and exceptions and what is the concept of essentials of religion. Further, we shall see the applicability of these interpretations in three landmark judgments, and finally filter out all the rules laid down by the Supreme Court from our discussion regarding Articles 25, 26 and the essentials of religion.
Certain states have refused to implement the National Register of Citizens for citizens of India and expressed their dissent against the Citizenship Amendment Act 2019. This dissent has brought forth the debate of federalist structure of Indian governance back on the table. In the United States of America, the federal structure of the States has been definitely defined. States have also exercised their independent existence in the federal structure in several cases by refusing to implement federal law. Most recently, certain cities in different States of America were giving sanctuary to the immigrants on humanitarian grounds despite the strict anti-immigration law of the Trump government. The Trump government challenged this defiance of the individual States. But unlike the United States, the Indian federalist structure does not have clear segregation of powers and in any case, the balance of power weighs heavier for the Centre. With such clear ideas of federalism, this paper tries to explore two questions: 1) What kind of federalist structure is India heading towards and how does sovereignty fit into this? 2) Can Indian states defy the Central law like the United States and should they have that right?
For a very ancient time, sports have been considered as a recreational activity which in todayâ€™s world, has converted into a commercial business which generates mammoth profits. A major portion of the revenue comes from the branding, merchandising and licensing which involves exploitation of various intellectual property rights of the sports club. In the formation of a sports club, there is a creation of huge IP which creates an intersection between it and business relating to sports. There are issues regarding ownership of a particular Intellectual Property and to avoid any disputes regarding ownership, people are tending more to registration of their own Intellectual Properties. This short article highlights the various types of intellectual property rights in relation to sports world and various ways of their protection by using instruments of Intellectual Property like Copyright, Trademarks, Patent and Trade Secret. There are various case laws relating to disputes which arise in relation of Intellectual Property in Sports law. Apart from traditional Intellectual Property Rights like Copyright, Trademark and Trade Secret, this short Article also highlights the other forms of protection of Intellectual property which has arisen in recent times, like Personality Rights, Performer's Right, Broadcasting Rights, Domain Name protection, Ambush Marketing and many more. This short article also speaks about the competition growing out of the commercialisation of the Sports industry and the various IP disputes which can arise out of this arena.In recent times, by way of various amendments, the pecuniary penalty amount has been changed to make the laws more stricter. it has been done with the intention to lessen the opportunities of violating one's true right over a particular Intellectual Property.In India, there are Civil and Criminal remedies to help those who are distressed and whose Intellectual Property has been infringed. It also speaks about the various legal issues in relation to Intellectual Property and sports which are likely to be unforeseen.
The article sheds light on the distress created by the recent amendment that suspends initiation of corporate insolvency resolution procedure by financial creditors, operational creditors and filing of voluntary CRIP procedure, under the Insolvency and bankruptcy code, 2016. It addresses issues that have been created by the amendment coming into force and its impact and repercussions. With the down fall of the economy, common man has been economically disturbed; the amendment sets a pathway for fraud and misrepresentation. A comparative analysis drawn with the other legislations formulated by various nations across the globe, highlight the need for adaptation and modification in the present amendment. The article critically analysis the shortcomings and lays the changes that can be brought in for a better economical future, keeping the essence of the act intact.
Copyright play a crucial role in the innovative fields. Copyright protection has been in existence for more than 150 years. And human rights have been in the roots of the human society for about 805 years or so. Despite there difference in existence they have a very close relationship. This paper attempts to look at the aspects of the study of Copyright and Human Rights. How copyright is related to human rights, which human rights are being protected by Copyright and so on. The main aim of this article is the Copyright way to deal with Human Rights. Conclusively, the study will discover the basic understanding of the Copyright Act and its relation to the Human Rights.
Children are considered as a gift to every married couple. One of the main intentions of marriage in Indian law is to procure children. If it is so, what will be the status or condition of an infertile couple. Not all personal laws allow adoption. Surrogacy came as an alternative for an infertile couple to have their own biological child with the advancement, in the medical field and research. Commercial surrogacy can be said as an arrangement in which an infertile intending couple approach a woman who is willing to carry a child for the intended parents and receives a consideration for doing so. The surrogate mother will have no rights over the surrogate child. India was once a huge preferred destination for surrogacy for foreign couples wanting a child. However, commercial surrogacy is now been made illegal in India. A bill with regard to the surrogacy is proposed by the cabinet which allows only altruistic surrogacy and the bill has provided few guidelines and restriction for the same. In this article the author will be discussing about the position of commercial surrogacy in India, its legality and the new bill, position around the world.
The Covid-19 pandemic is an ongoing global pandemic of coronavirus disease 2019. The outbreak was first identified in Wuhan, China in December 2019. The first case of Covid-19 in India, which originated from China, was reported on 30 th January 2020. As the number of Covid- 19 positive cases increased in India, the government announced lockdown for maintaining social distancing and restricted travel as this step is mandatory to control this pandemic. Because of this pandemic, many issues have arisen; one of the issues is domestic violence which is being set out in the present article. Many countries announced lockdown before India and had experienced a dramatic increase in the cases of domestic violence. Still, our government did not plan anything for this issue before announcing lockdown. Therefore, the object of this article is not only to make aware of the victims the remedies of domestic violence but also warn the abusers, what penal provisions can be charged against them. In this article, the author firstly explains what is domestic violence and its type in very brief, followed by stating reasons for increase in such domestic violence during the lockdown. Secondly, the paper discusses the laws in India with regard to domestic violence and finally concludes the article by suggesting measure to control domestic violence in the light of pandemic.
In India, The Prison System is seen as the place for deterrence, reformation and rehabilitation. At the same time all the above-mentioned theories are put in for a toss when it comes to maintenance of the prisons for human co-habitation. The improper maintenance have led to problems like over-crowding of prisoners, unhygienic living conditions, inadequacy of prison guards and lack of speedy trials. At a crucial time, such as the current spread of pandemic in India, the prisoners and the guards are left with very little safeguarding infrastructures and requisite space. Trials through video-conferencing, hygienic kitchens, effective legal aid and adequate police personnel are some of the recommendations put forth by The Amithava Roy Committee, that is yet to be approved by the respective States, owing to their inability to bring a standard maintaining procedures in accordance with the committeeâ€™s recommendations. At the least, the ratio of adequate guards in proportion to the number of prisoners will mitigate the issues to some extent. For this, the immediate requirement is for the State to actively involve itself in recruiting more guards, so that the prison management becomes efficient and saturated. Prisoners are human beings too, and their basic rights to live in a humane condition is undeniable. On the other hand, the Police personnel who are left to maintain the prisons with very limited infrastructure and manpower also face inhuman treatment because of the State functionariesâ€™ incapacity and inability. The paper aims to study the background of prisons and its management in India, along with future prospects on how things can change for better. The author has also tried to compare the Indian scenario with that of other developed counties, so that we become aware on how to improvise the existing situation and provide for better living conditions to the Prisoners and their Guards.
The Supreme Court had order dated 18 th June 2020 which had restrained the respondent to hold the Rath Yatra this reason by the reasoning the danger possibility if gathering of 10 to 12 lakh devotes for a tenue of 10 to 12 days. It had the possibility to spread COVID-19 virus due to Rath Yatra which could have been harmful for large number of people. It was impossible to track all infected people after they attended the festival and go back to their respective homes. It had insufficient equipment to screen for the medical conditions of all those who converge on the cities for Rath Yatra. The court were informed that in the 18 th - 19 th century this kind of yatra was the key cause for the spread of cholera and plague wildly.
This paper seeks to trace the developments in forensic science in investigating sexual offences. The paper first starts with an introduction to the latest statistics pertaining to rape in India and highlights the problem of pendency of cases. The author then moves on to the guidelines in place for examining a rape victim and gives the disadvantages of the common two-finger test and reasons for abolishing of the same. The author then moves on to the advantages and disadvantages of the use of SAFE kits and then moves on to the benefits and hazards of DNA profiling how this method has been implemented in other countries. The paper ends with some suggestions and concludes with pushing forward the idea of DNA profiling.