Court

WHY JUDICIARY SHOULD BE INCLUDED UNDER THE RIGHT TO INFORMATION ACT, 2005?

The Indian Constitution is one of the most powerful constitutions in the world, guaranteeing citizens a wide range of rights. It has been designed in such a way that the Judiciary, the country’s legal system, holds the most important power in our democracy. The Right to Information Act, also known as the RTI Act, was passed in 2005, approximately 17 years ago. It is in charge of keeping track of essential

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RAPE

IN-COURT MEASURES FOR RAPE VICTIMS IN INDIA

There is no doubt that victims of rape are particularly vulnerable. “In addition to the trauma of the rape itself, victims have had to suffer further agony during legal proceedings”, as giving evidence in court constitutes a traumatic experience, often even worse than the rape itself. Cross-examination of victims of rape might be particularly stressful, as victims are often required to repeat over and over again specific details of the assault and are

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ANIMAL

ANIMAL RIGHTS IN INDIA: A LEGAL ANALYSIS

What makes a human being different from animals? This has an obvious answer that we humans have brains and can use them to our advantage, we are conscious about our surroundings, we can understand our good or bad and can form rational decisions which can favor us but this doesn’t make animals a less of a living being, they are very much part of our planet. They have feelings and emotions just like us. They can observe their surroundings and can reflect

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COMPENSATING ‘COLONIAL CRIMES’ WITH TRANSITIONAL JUSTICE UNDER INTERNATIONAL LAW

Over three hundred years, the British Empire colonized over half of the world’s population during 16th to early 19th century. However, when comes to the topic of colonial crimes or compensating the inhabitants of the colonies or the aggrieved states, the British has reluctant in the matter. Though there was the apologetic moment, the sufficiency of the issue is a far

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SEXUAL HARASSMENT

CONSENSUAL SEX AFTER GENUINE PROMISE OF MARRIAGE-RAPE?

After giving the genuine promise of marriage if a boy makes physical relationship with a girl with her consent only then will it amount to rape? In some of the cases, fulfilling the promise of marriage is beyond the control of a person. The physical relationship that happened was also as per mutual consent from both of the partners. And no influencing factor is there and any misconception of fact is also

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Medical Negligence

HIGH STANDARDS OF MEDICAL NEGLIGENCE – EXPLAINED

The word “medical negligence” is a broad term that has come into use to describe unlawful actions or omissions by medical practitioners in the course of their work when dealing with patients. It is not defined or mentioned in any of the Indian laws that have been passed. A doctor or a medical practitioner owes his patients certain duties: It is their responsibility to decide whether or not to take on the case, what treatment to give, and how the treatment

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ARBITRATION

WHICH LAW WILL APPLY TO THE ARBITRATION AGREEMENT, IF NOT SPECIFIED? U.K SUPREME COURT ANSWERS IN ENKA V. CHUBB

The bedrock of International Arbitration is a valid agreement to arbitrate, whereby disputants agree to submit some or all of the disputes to Arbitration for a resolution. An agreement to Arbitrate is generally present in an Arbitration clause in a contract, which signifies that parties will

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MARITAL RAPE LAWS IN INDIA

Is a woman’s or a man’s sexual liberty diminished after marriage? The Right to say “no” (to sex) after marriage was rejected by Hon’ble Justice DY Chandarchud. Although it is commonly assumed that either spouse must guarantee the permission of the other on sexual relations after marriage, marital rape was not even considered a problem in

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