Legal Study Zone

          In India the roots of Patriarchal society is quite deep hence resultant is the persisting inequality between Male and Female. Moreover, they have been deprived of equal right or have been discriminated on the basis of sex. So much so that they did not have equal right in their ancestral property. In the year 1956 The Hindu succession Act,1956 was enacted by the competent authority. The main objective of this act is to amend and codify the law relating to interstate succession among Hindus. Section 6 of Hindu succession Act states that the devolution of interest in coparcener property. According to this Section after the Hindu succession Amendment Act 2005 A joint Hindu family governed by the mitakshra law, the daughter of coparcener shall become a coparcener in her own right by birth like son.         Thus, now daughters shall be coparcener. As, They were not a coparcener in the joint hindu family, as a result they were ...

Fake encounter and personal life and liberty.         While going through daily newspapers, articles, and news. Unfortunately I saw that there are abundance of news related to encounters. Recently, like Vikas Dubey encounter therefore in this article I insist on what is the Law regarding it ?,  Guidelines related to it and procedure established by the law because everyone has right to life with dignified life last but not least what Action should be taken in order to curb it. ' Let a hundred guilty be acquitted, but one innocent should not be convicted. ' "item quilbet presumitur innocens nisi probetur nocens (a person is presumed innocent until proven guilty)". Introduction       Nowadays, encounter has become common phenomena so much so that the rapid growth of it can be seen far and wide. The statics ( National Human Right Commission, NHRC)  reveals that more or less 411 cases have been registered as a fake encounter across the...

     The Principale of secret ballot and The People representation Act 1951 Recently, The Principle of secret ballot is the highlighted issues due to Laxmi Singh and others Vs. Rekha Singh and others case (Held on 19 June 2020)                            In this case three judges bench N.V. Raman, Justice, Sanjeev Khanna, Justice and Krishna Murari, Justice of  Supreme court observe that principle of secret ballot is an important condition of constitutional democracy and referred to section 94 of the the Representation of The People Act, 1951 according to this independent and free, fair and impartial election is one of the the basic principles of election law which provides a certainty of cleanliness of election. Thus the choice of voters should be free because it ensured by the secret ballot system in democracy.    What is the matter ?        Thi...

Rural Education system V Covid-19 As, The problem of coronavirus (Covid-19) is the global problem. It has shaken entire world including India. its effect can be seen everywhere irrespective of rural or urban. Everyone is the victim of this problem. Infact, lives of the people are on the stake. Due to rapid growth of this problem WHO declared it as global pandemic, so much so that government has to declared lockdown entire country. This lockdown mar entire system like administration, education, economy, industries etc. Presently, lockdown 3.0 is running, due to theses lockdowns all educational institutions are closed inorder to curb such problem. As a result, entire education system has bust whether rural urban but especially rural. Infact, This is a crucial time for the education sector board examinations, nursery school admissions, entrance tests of various universities and competitive examinations, among others, are all heldnduring this period. As the days pass by with no...

     The Suspension of Labour laws and Precarious situation of labourers     Without labor nothing prospers.” – Sophocles      It is Universal truth that labourers are the complement of the society.  So much so that  industries, Construction and factories are entirely depend on them. They toil hard for their livelihood therefore their rights should be protected. There are many laws inorder to protect their rights.        Unfortunately, Keeping aside question of law- labour law is the subject matter of concurrent list and there are many laws have been enacted by the Central Government that state Government can not brush aside but  Recently some State Government especially Uttar Pradesh, Madhya Pradesh, Rajasthan and Gujarat have declared to labour law exemption that means except very few labour laws, following laws will not applicable on labourers. 1. The Minimum Wages Act, 1948 . The main objective of...

Overcrowding and sub-human conditions of prisons: matter of concern during covid-19       Nowadays, Overcrowded prisoners in jails is one of the most highlighted problems during Covid-19 pandemic. On one hand Government, courts and international institutions all talk about social distancing and at the same time issue of overcrowded prison has been raised. It is the matter of grave concern that Most of the jails of Delhi, Dadra Nagar Haveli, Uttar Pradesh, Meghalaya, Sikkim, Maharashtra, Himanchal Pradesh and Madhya Pradesh etc. keep prisoner more than the capacity of jails. As per the Data of Rajya Sabha, there are more or less 1412 jails crowded to 114%  of their capacity because these jails have 3.81 lakhs unit capacity but they keep almost 4.33 lakhs prisoners, so much so that recently, it was informed to the Supreme Court that many of the over 1,300 prisons across the country were overcrowded, even to the extent of more than 600 per cent. Ac...

         Rural Economy and COVID-19        The problem of Novel Coronavirus (Covid-19) is one of the most appalling  problems. It has been pervaded everywhere, India is not an exception, its effect can been seen far and wide. It is vivid that most of the people have met with demise and remaining lives of People are on the stake, so much so that WHO declared it as a Covid-19 pandemic due to rapid growth of it. Being Compelled government declared lockdown in entire nation as result lockdown 3.0 is running. This lockdown mar the Indian economy abysmally irrespective of  rural or Urban economy especially urban.The statistics reveals that  recent economic growth of India is slow to 1% this year, the lowest it has been for over yeaster 40 years. However, The rural economy of India is less affected by this pandamic because India is an agricultural country and blessed with a record production of rabi crops which pro...

   Digital Communication in the time  of Corona  (Covid-19 Pandemic)        Since corona virus (Covid-19) has been pervaded everywhere India is not an exception. More over it has shaken entire world. As a result many people are met with demise and other are in the dire stage. It is the matter of grave concern because entire Nation is on the verge of distruction.      Consequently, Government declared lockdown in entire country so much so that recently lockdown has been extended upto 3rd may of 2020 due to rapid growth of COVID-19 in order to curb it.       Now, video conferencing is the need of hour and it is being used extensively by  Educational Institutions, Corporate Sectors and Government like the Bombay High court to conduct hearings through video conferencing with the Zoom Application until May 5 of 2020.        There are three popular platforms for Digital communication or ...

       Need of strict laws to control            Media and social Media "Freedom of press is a precious privilege that no country can forego".                  _ Mahatma Gandhi "The press is called the fourth estate. It is definitely a power, but to misuse that power is criminal".                 _ Mahatma Gandhi           Nowadays, The Internet and social media have become a vital communication tools through which individual can exercise their right of freedom of expression and can also exchange information and ideas.         Moreover, Article 19 of the UDHR and Article 19(2) of the ICCPR also provides for freedom of speech and expression, even in the case of internet and social media.               In this reference Article ...

 N owadays, Internet Shutdown has become a common Phenonmen. India is widely considered to be a world leader in cutting of access to the Net, yet there are no detailed official Data on internet shutdown in India.          Moreover, India has topped in the list of internet shutdown globally, According to report of  software freedom law center's trackers  there have been 381 shutdown since 2012, 106 of which were in 2019. According to another report on internet shutdown (internet shutdown trackers) India has the highest number of network disruptions order by the state.    Impact of internet shutdown # Education # women safety # Human rights # Financial           According to council for research on internet economic relations, the Indian economy suffered a loss of 3 billion due to internet shutdown.  Consiquesntly this leds to a new kinds of inequality like digital inquality where social and econom...