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Showing posts with the label Legal Issue

Being Women Gets You Bail.

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 ~Preet The writer or the publisher has no rights to the image. The image is taken from  teestaaa.jpg In a world where there is a constant cry for the propagation of the idea of equality, it seems that preferential upliftment is actually being sought to be achieved, but such a bias in the criminal justice system conflicts with its very principle of it. The Supreme Court of India recently granted Teesta Setalvad interim release, declaring that "the remedy of interim bail is given to the appellant (Teesta) in the unusual conditions, including the fact that the appellant happens to be a girl." The Chief Justice of India further referred to a bail clause in the Code of Criminal Procedure CrPC that states that "being a woman is a conceivable cause for granting release, even when it cannot be considered otherwise." Section 437 of the Criminal Procedure Code addresses bail in case of non-bailable offences. According to it, a person shall not be released on bail if there is

Need for new IT Laws

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 ~Preet The Minister of State for Electronics and Information Technology (IT) recently remarked on the need for a legal update of the 22-year-old Information Technology Act, 2000. The first IT Act was adopted by the government in 2000. The IT (Amendment) Act went into effect in 2009, with the goal of promoting e-governance, reducing cybercrime, and encouraging security practises throughout the country. The government has published the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. In a few years, India will have a trillion-dollar digital economy, and a big number of firms will be on the Indian Internet. As a result, an open and secure Internet becomes a critical economic component of our society. Because of aggressive national policies, trade conflicts, censorship, and frustration with giant tech corporations, the global internet as we know it is on the point of splintering into smaller bubbles of national networks. This will have far-reachin

New Policy required for Land use under CBA Act, 1957

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 ~Preet. The Union Cabinet has adopted a policy for the use of land acquired under the Coal Bearing Areas (Acquisition & Development) Act of 1957 [CBA Act]. The policy calls for the use of such land for the development and construction of coal and energy infrastructure.  The policy establishes a clear policy framework for the use of lands acquired under the CBA Act that are no longer appropriate or economically feasible for coal mining operations; or sites from which coal has been mined out / de-coaled and such land has been reclaimed. Government coal firms, such as Coal India Ltd. (CIL) and its subsidiaries, would continue to own the lands acquired under the CBA Act. The government firm that owns the property would lease it for the time period specified in the policy. In order to obtain best value, leasing firms must be selected through a transparent, fair, and competitive bid process and method. The lands will be examined for operations such as the establishment of washeries, coa

The Death Penalty Reforms: All about it.

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 ~Preet. Recently, a Supreme Court (SC) Bench agreed to thoroughly scrutinise processes in death penalty cases in order to guarantee that judges who must choose between life imprisonment and the death penalty have complete sentencing information. Previously, the Supreme Court expressed concerns about the procedure of assessing mitigating facts in death penalty cases. The court is reforming the procedures for bringing information required in a death penalty case before the courts. In doing so, the Supreme Court expresses its dissatisfaction with the method in which death sentence sentencing is carried out. While the death sentence has been declared legitimate, the way in which it has been carried out has sparked complaints of injustice and arbitrariness. Capital punishment, commonly known as the death penalty, is the execution of an offender condemned to death after being found guilty of a criminal offence by a court of law. It is the most severe sentence that may be imposed on an offen

How Minorities Are Identified In India.

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 ~Preet. The Union government has informed the Supreme Court (SC) that state governments can now confer minority status to any religious or linguistic group, including Hindus. The Supreme Court had sought the Union government's answer in a petition seeking directives for the development of standards for recognising minorities at the state level. The term "minorities" appears in a few articles of the Constitution but is never defined.  The petition claimed that Hindus are a'minority' in six Indian states and three Union Territories yet were allegedly unable to benefit from minority-specific initiatives. Plea According to the 2011 census, Hindus have become a minority in Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), J&K (28.44%), Arunachal Pradesh (29%), Manipur (31.39%), and Punjab (38.40 percent ). In these states, they should be granted minority status in accordance with the concept established by the Supreme Court in its 2002 TMA

SC on Children facing Sexual Offences.

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 ~Preet. A two-judge panel of the Supreme Court recently gave a divided ruling on whether Section 155(2) of the Code of Criminal Procedure shall apply to the investigation of an offence under Section 23 of the Protection of Children from Sexual Offenses Act, 2012. (POCSO). A police officer cannot investigate a non-cognizable offence without the direction of a Magistrate, according to Section 155(2) CrPC. Section 23 of the POCSO addresses the offence of disclosing the identify of the victim of a sexual offence. One of the judges stated that disclosing the identity of a child who is a victim of sexual offences or who is in dispute with the law is a basic violation of the kid's right to dignity, as well as the right not to be embarrassed.  Child sexual abuse is a multifaceted issue that has a detrimental influence on children's physical safety, mental health, well-being, and behavioural characteristics. Child abuse and exploitation have been exacerbated by mobile and digital techn