Category: Editorial

Should India have a Uniform Civil Code?

Author – Neha Maheshwari Manipal University Jaipur UNIFORM CIVIL CODE As stated, “The State shall endeavor to secure a Uniform Civil Code across India’s territory for citizens.” Such words describe our constitution’s entire sanctity under Article 44. Uniform Civil Code is established under the direct policies of the State in accordance with Article 44 of

Challenges of Resolution Professional

AUTHOR- SHIVANI UPPAL AMITY LAW SCHOOL NOIDA   PREPARING INFORMATION MEMORANDUM & OTHER CHALLENGES ENCOUNTERED BY INSOLVENCY PROFESSIONAL Overview of Insolvency and Bankruptcy Code, 2016- Insolvency and Bankruptcy Code comes into existence on December 31st, 2016. Insolvency and Bankruptcy code is regarded one of the most significant laws of the Modi Government. It was introduced

An Introspection of Article 370

Author: Reshna Suresh Co-Author: Vishwas Raj Manipal University Jaipur (LLB) An Introspection of Article 370 abstract The paper Discusses Article 370 of the Indian Constitution,Verdict on repealing article 370, the immediate cause for the heating up of this conflict this year, its social background and consequences.The paper focuses on the legal aspect of the issue and

Marriage gives no right to rape

Author – Hardik Singh Nathawat Manipal University Jaipur ABSTRACT What is marital rape? It is the act of sexual intercourse with one’s spouse without the spouse’s consent. It is a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without

Criminalization of Pornography

Author – Surbhi Mathur Manipal University Jaipur Criminalization of Pornography The word “pornography” comes from the Greek “pornographos” literally meaning writing about prostitutes.[1] One of the commonly accepted definitions of pornography from Oxford Dictionary is “Printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate sexual excitement.” There

Marital Rape: An Unrevised Concept

Author – Anant Maheshwari Co-Author –Surbhi Mathur Manipal University Jaipur Marital Rape: An Unrevised Concept The current paper represents a comprehensive review on an unrevised concept on Marital Rape. This concept is not very known in society therefore our main aim behind writing this is to familiarize them from this concept. We mainly focus on

Digital Platform, Intermediary and Copyright

Author: Umang Kathuria Institute: Amity Law School, Noida DIGITAL PLATFORM, INTERMEDIARY AND COPYRIGHT The digital platform is leading the world into easy way of task management and leisure. It is said to be mankind’s greatest achievement since civilized living. Digital platform has made work easy in every way whereas it has led to exploitation in many

Human Rights

AUTHORED BY: ISHIKA AGRAWAL MANIPAL UNIVERSITY JAIPUR The rights of every man are diminished when the rights of one man are threatened. ― John F. Kennedy HUMAN BEINGS ARE RATIONAL BEINGS THEY HAVE SOME BASIC RIGHTS BY VIRTUE OF BEING HUMAN EXISTENCE COMMANLY KNOWN AS HUMAN RIGHTS HUMAN RIGHTS ARE ARMOUR THEY ALWAYS PROTECT US AGAINST

ADR : A boon to achieve speedy justice

AUTHORED BY: NIMISHA AGRAWAL MANIPAL UNIVERSITY JAIPUR The concept of justice delivery system has recently undergone a sea-change to cope up with the demands of the society. One of the aims of our Constitution is to provide justice at the door-step and that too, within a permissible time-frame. The term Alternative Dispute Resolution refers to

Workplace has no gender

AUTHORED BY: AAKANSHA LATALA MANIPAL UNIVERSITY JAIPUR “A gender-equal society would be one where the word ‘gender‘ does not exist: where everyone can be themselves.”   – # ME TOO Workplace has no gender   The state of women in India has undergone a considerable change since the past there is a lot more development yet to take

Classification of Administrative Functions as purely Legislative, Administrative and Judicial

Author – Megha Pandey Co-Author – Harsha Tiwari Amity Law School Noida Classification of Administrative Functions as purely Legislative, Administrative and Judicial Administrative action is a comprehensive term and defies exact definition. In modern times the administrative process as a byproduct of intensive form of government cuts across the traditional classification of governmental powers and

Women’s Rights and Violence Against Women

AUTHORED BY: Jyotsna Bhardwaj LC-1, Faculty of Law, University of Delhi WOMEN’S RIGHTS AND VIOLENCE AGAINST WOMEN This Article talks about Women’s Rights & Violence against them. It talks about how the situation of women is changing from time to time. This Article is divided into three parts. In the first part there is a brief

EXTERNAL AIDS TO INTERPRETATION

AUTHORED BY: SANAH SETHI AMITY LAW SCHOOL, NOIDA EXTERNAL AIDS TO INTERPRETATION   Dictionaries- Dictionary use/reference is of great importance and immense value in interpretation of a statute. Where a word or an expression used in a statute cannot be understood in common parlance, the courts, while interpreting the statute may resort to refer dictionaries for

Internal aids to interpretation

AUTHORED BY: SANAH SETHI AMITY LAW SCHOOL, NOIDA Internal aids to interpretation The expression ‘Aids’ means instruments or tools of assistance to carry out a particular thing done or an activity performed or obtained or explained. As far as the construction or interpretation of statutes is concerned, aid help or assist in explaining the meaning of

Basic Rules Of Interpretation

AUTHORED BY: SANAH SETHI AMITY LAW SCHOOL, NOIDA Rules Of Interpretation Grammatical or Literal Rule of Interpretation One of the basic rules of interpretation of statute is grammatical interpretation. It is also known as literal or primary or natural or popular interpretation. The rule of grammatical construction is considered to be the first principle of interpretation.

WHISTLE BLOWER AND THEIR PROTECTION IN INDIA

AUTHORED BY: HIMANI GOYAL  AMITY LAW SCHOOL NOIDA “Every country needs its whistleblowers. They are crucial to a healthy society. The employee who, in the public interest, has the independence of judgement and the personal courage to challenge malpractice or illegality is a kind of public hero.”  ― Fuad Alakbarov WHISTLE BLOWER AND THEIR PROTECTION IN INDIA

Rights and Duties of Public Information Officer

AUTHORED BY: SHEFALI GUPTA  AMITY LAW SCHOOL NOIDA Public Information Officer Following information is exempted to be disclosed under RTI Act, 2005 If an RTI application is rejected, the proper reason of rejection along with the time period, within which an appeal against such rejection has to be made, and residence of the appellant authority with

Adoption Rights

Author – Anshika Agarwal Corporate Embassador, CRC Amity Law School, Noida. Co-Author – Yash Mittal President, CRC Amity Law School, Noida. We look at adoption as a very sacred exchange. It was not done lightly on either side. I would dedicate my life to this child.  -Jamie Lee Curtis Adoption Rights ABSTRACT : In recent years,

Defamation In Modern Age

AUTHORED BY: SPARSH JUNEJA  AMITY LAW SCHOOL NOIDA The public is increasingly disgusted with a steady diet of defamation and prepared to reward those who refrain from it – Mitch Daniels Defamation In Modern Age Defamation laws were built because of the recognized need for people to have and retain their reputation. Reputation is considered to

Legal Drafting Rules And Tips

AUTHORED BY: SANAH SETHI AMITY LAW SCHOOL, NOIDA   “One should not aim at being possible to understand, but at being impossible to misunderstand.” “Have something to say, and say it as clearly as you can. That is the only secret of style.” “You don’t write because you want to say something, you write because you

PROHIBITION OF DISCRIMINATION ARTICLE 15

AUTHORED BY: SANAH SETHI AMITY LAW SCHOOL (L.L.B 3 YEARS) PROHIBITION OF DISCRIMINATION ARTICLE 15 Article 15 of the Indian Constitution deals with ‘Prohibition of Discrimination’ on the grounds of religion, race, sex or place of birth. The word ‘discrimination’ means to make an adverse distinction or to distinguish unfavorable from others. If a law makes

Legal Fiction

“Property exists by the grace of the law. It is not a fact, but a legal fiction.” Author – Ankit Kumar Co-Author – Megha Pandey Amity Law School Noida   Legal fiction is an assumption that is technically untrue or unknown that is used to guide legal decisions. They derive their legitimacy from tradition and precedent

Constitution Of India And Its Salient Features

INTRODUCTION The word ‘Constitution’ is derived from the French word ‘Constitutro’ which means to establish. It also means “rules, regulations and orders”. It is a text or document containing the fundamental principles/rules to determine and regulate between the State/Government and the people. According to Aristotle, constitution is the way of life, which the state has