Hot Off The PressNews

The National Human Rights Commission, India has taken suo motu cognizance of a media report that the police personnel of Mehrauli Police Station subjected a woman to extreme torture by stripping her and brutally beating with a belt in Lalitpur District of Uttar Pradesh. Reportedly, she was working as a domestic help at the residence of a police officer on the allegations of a theft in the house.

The Commission has issued notices to the Chief Secretary and the Director-General of Police, Uttar Pradesh calling for a detailed report in the matter within four weeks including action against the responsible police officer and any relief granted the victim by the authorities.

The Commission has observed that the contents of the media reports if true raise a serious issue of violation of human rights to the victim. The Police Officer and his family have not only misused their position but also subjected the victim to physical torture and cruelty.

According to the media report, the wife of the police officer locked the victim at her home in the evening of 2nd May, 2022. Her husband, a police official, came along with a lady Inspector and started interrogating her about a theft in the house. Besides beating her brutally, they also subjected her to water cannon and electric shocks to force her accept the allegations.

Later, sensing that the matter may snowball into a controversy, she was called to the Mehrauli police station where the police personnel tried to project the matter as a dispute with her husband and also initiated action against him for disturbing the peace.


National Human Rights Commission

[Press Release dt. 7-5-2022]

New releasesNews

Table of Contents


Articles


The International Standards for Disciplinary Responsibility of Judges and the National Legislation of Uzbekistan

Sulaymanov Odiljon Rabbimovich…………………………………………… 1

Protection of Elderly: A Historical perspective

Neelam Batra…………………………………………………………………… 8

Impact of National Education Policy 2020 on Legal Education

V.K. Ahuja……………………………………………………………………… 27

The Fundamental Right to Privacy in India vis-à-vis Paparazzi Intrusion: Making a Case for Protecting Celebrities against Unauthorised Paparazzi Intrusion

Kanika Jamwal……………………………………………………………….. 42

Writ of Habeas Corpus Vis A Vis Queer Women: An Analysis

Ishita Sharma………………………………………………………………….. 56

Indian MSME Development Post-2014

Satish Kumar, Shalini Arora & Anil K Pandey…………………………… 64

Weekly Rewind


Top Story


Inherited property of a female Hindu dying issueless and intestate to return to source

In an important ruling on the property of female Hindu, the Supreme Court has held that the property of a female Hindu dying intestate would return to source I.e. if a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband. However, if she dies leaving behind her husband or any issue, then Section 15(1)(a) of the Hindu Succession Act, 1956 comes into operation and the properties left behind including the properties which she inherited from her parents would devolve simultaneously upon her husband and her issues as provided in Section 15(1)(a) of the Act.

https://www.scconline.com/blog/post/2022/01/24/explained-who-can-claim-share-in-the-inherited-property-of-a-female-hindu-dying-issueless-and-intestate/


Supreme Court 


Suspension of 12 Maharashtra BJP MLAs for one year “grossly illegal”; worse than expulsion, disqualification or resignation 

In a big relief to the 12 BJP MLAs who were suspended by the Maharashtra Legislative Assembly on 05.07.2021, for a period of 1 year due to “indisciplined and unbecoming behavior resulting in maligning the dignity of the House”, the Supreme Court has held that the suspension beyond the remainder of the concerned (ongoing) Session is unconstitutional, grossly illegal and irrational.

The Court observed that suspension beyond the Session would be bordering on punishing not only the member concerned, but also inevitably impact the legitimate rights of the constituency from where the member had been elected.

The suspended MLAs belong to BJP, the principal Opposition Party in the Maharashtra Legislative Assembly. The Ruling Party is a coalition between the Shiv Sena, the Nationalist Congress Party (NCP) and the Indian National Congress (INC) christened as “Maha Vikas Aghadi”.

On July 5, 2021, 12 BJP MLAs were suspended after the house witnessed heated exchanges between the members of the Opposition Party and the Ruling Party due to an impression formed by the former that the business of the House was being conducted   in unilateral manner, with conscious and engineered effort to suppress voice of the Opposition Party.

https://www.scconline.com/blog/post/2022/01/29/suspension-of-12-maharashtra-bjp-mlas-for-one-year-grossly-illegal-worse-than-expulsion-disqualification-or-resignation-sc/

Cheque gets deposited to the account of account holder with strikingly similar name. Bank blames customer. SC “surprised” at NCDRC’s ruling  

In an interesting case where one SBI account holder was left with a balance of Rs. 59/- only in his account due to the existence of another bank account with strikingly similar name in the same branch, the Supreme Court has set aside the “highly erroneous” impugned order passed by the National Consumer Disputes Redressal Commission solely relying upon the suo-moto report called for from SBI during the pendency of the revision application.

The Account Holder Sunil Kumar Maity was informed by the bank that his account number has changed. A sum of Rs. 3, 00, 000 was deposited in this new account number. However, a few days later, his passbook showed a balance of Rs. 59 only. Interestingly, this “new” account number belonged one “Sunil Maity” who had withdrawn a sum of Rs. 1 lakh and 2 lakhs on two occasions.

The bank report submitted before the NCDRC indicated that the bank had every reason to believe that wrong account number was intentionally inserted by the appellant himself. Surprised that the NCDRC relied on this report to pass an order in favour of the bank, the Supreme Court observed that “There was no way that the appellant would have known that the second respondent, namely Sunil Maity had an account in the same branch. No sane person would deposit cash or cheque meant to be deposited in his account in an account number belonging to another person with similar name.”

https://www.scconline.com/blog/post/2022/01/25/cheque-gets-deposited-to-the-account-of-account-holder-with-strikingly-similar-name-bank-blames-customer-read-why-sc-was-surprised-at-ncdrcs-ruling/


High Court Updates


  Madhya Pradesh High Court

Can a Kazi adjudicate disputes like a Court and pass an order like a decree?

In a recent ruling, the Madhya Pradesh High Court while entertaining a Public Interest Litigation observed that if a Kazi entertains a dispute and acts as a mediator to settle the dispute between the members of the community that would be permissible, but he cannot adjudicate the dispute like a court and pass an order like a decree.

https://www.scconline.com/blog/post/2022/01/27/can-a-kazi-adjudicate-disputes-like-a-court-and-pass-an-order-like-a-decree/

Allahabad High Court

“…we boast ourselves as an educated society, but we live our lives with double standards”: Allahabad HC condemns prevailing caste system even after 75 years of independence

While condemning the prevailing caste system even after 75 years of independence, Allahabad High Court made a very significant observation in a cold-blooded murder in an alleged honour killing case, that,

 Caste system in our society is deep rooted, we boast ourselves as educated society, but we live our lives with double standards. Even after 75 years of Independence we are not able to get out with this social menace. This is pitiable and tragic. It is the moral duty of those sane person, who are well-off, to protect the under-privileged and downtrodden, so that they feel themselves safe, secure and comfortable. Simultaneously, the other group also feel that they are the integral and inseparable part of the society, and it is in the larger interest of the country and high time for the introspection for everyone to give serious thought over the matter.

https://www.scconline.com/blog/post/2022/01/25/we-boast-ourselves-as-an-educated-society-but-we-live-our-lives-with-double-standards/

Can wife claim maintenance under S. 125 CrPC where appeal is pending against divorce granted under S. 13 HMA?

 A husband approached the Allahabad High Court claiming that the Family Court could not have granted maintenance to wife under Section 125 CrPC when divorce was already granted in his favour under Section 13 of Hindu Marriage Act.

Allahabad High Court answered to this claim by stating that When a divorce decree under Section 13 of the Hindu Marriage Act is passed the wife of such annulled marriage can claim maintenance under Section 25 of Hindu Marriage Act.

https://www.scconline.com/blog/post/2022/01/24/can-wife-claim-maintenance-under-s-125-crpc-where-appeal-is-pending-against-divorce-granted-under-s-13-hma/

Bombay High Court

Can a girl be treated as property and given in donation? Bom HC addresses in light of “Daanpatra” executed by father of a daughter

Bombay High Court while addressing a case wherein a father executed Daanpatra to give the minor daughter in donation to a baba observed that  A girl is not property that can be donated and further directed the Child welfare committee to ascertain if the child could be declared as a child in need of protection.

High Court made a very pertinent observation in the case which was,

When the girl as per her own statement is minor, then why the father who is in all respect guardian of the girl should give the girl as Daan? A girl is not a property which can be given in donation.

https://www.scconline.com/blog/post/2022/01/25/an-a-girl-be-treated-as-property-and-given-in-donation/

Calcutta High Court

Daughter-in-law who obtains compassionate appointment by stating that she will take responsibility of her mother-in-law is bound by that undertaking

Moving to another very interesting matter from Calcutta High Court, it was noted that a 80 year old widow had approached the Court to seek direction towards her daughter-in-law to provide for her maintenance as she had taken compassionate appointment on the death of her son.

High Court held that the daughter in law was bound by the undertaking by which she had obtained the compassionate appointment.

https://www.scconline.com/blog/post/2022/01/21/daughter-in-law-who-obtains-compassionate-appointment-by-stating-that-she-will-take-responsibility-of-her-mother-in-law/

Delhi High Court

False invocation of Ss. 354A, 506 IPC merely trivalises offence of sexual harassment casting doubt on veracity of allegations by victim who has in reality faced sexual harassment

Delhi High Court in a recent decision expressed its anguish at how provisions such as Sections 354A/506 IPC are falsely invoked at the drop of a hat to register one’s displeasure at the conduct of another individual.

In this false invocation of sections pertaining to sexual assault case, the Court stated that such instances merely trivalise the offence of sexual harassment and casts a doubt on the veracity of the allegations filed by every other victim who has in reality faced sexual harassment, thereby setting back the cause of women empowerment.

https://www.scconline.com/blog/post/2022/01/28/false-invocation-of-ss-354a-506-ipc-merely-trivalises-offence-of-sexual-harassment-casting-doubt-on-veracity-of-allegations/


District Court Updates


53-year-old man molested a 9-year-old minor boy by pressing his private parts: Court sentences man under POCSO Act

A Fast Track Court of Thiruvanathapuram addressed a case wherein a minor boy aged 9 years old was sexually assaulted by a 53-year-old man who had squeezed the boy’s private part causing him pain.

In this case, Bench expressed that the accused is a prudent man, well acquainted with the prose and cons of his misdeeds. His attitude shows his scant respect and honour for the legal system and morality. So he is not entitled to get the benevolent provisions of the Probation of Offenders Act, 1958.

In view of the said observation, the accused did not deserve any leniency for the sentence and was imprisoned for 5 years along with Rs 25000 fine.

https://www.scconline.com/blog/post/2022/01/21/53-year-old-man-molested-a-9-year-old-minor-boy-by-pressing-his-private-parts/

Husband’s company can have ‘Virat Kohli’ as a brand ambassador, but cannot provide maintenance to wife: Man tried appearing as a pauper? Saket Courts adjudicates

A District Court while addressing a case of maintenance claimed by a wife wherein the husband stated that he was a businessman but had no monthly income and was sustaining himself on charity and borrowing from relatives and friends, found that the husband’s company was one of the manufacturers of brand “too yum” and the brand ambassador of the said brand was ‘Virat Kohli’, hence it looked highly improbable that a company which is running into great losses was in a position to afford a celebrity of such stature for the advertisement of its product.

Court made an observation that “It cannot be believed that a person who was capable of supporting a family by getting married, would all of a sudden become devoid of all sources of income.”

This is indeed is a very interesting case from Saket Court of Delhi.

https://www.scconline.com/blog/post/2022/01/20/maintenance-to-wife/


National Consumer Disputes Redressal Commission


 Minor treated for “Measles” instead of “Stevens-Johnson Syndrome” due to wrong diagnosis and leading to medical negligence

Due to doctor’s lack of skill and reasonable standard of care a minor was wrongly treated due to wrong diagnosis.

In an unfortunate case of medical negligence, wherein an Ayurveda Doctor gave wrong treatment to a child i.e. gave the treatment of Measles instead of Steven Johnson Syndrome, Commission observed that,

 The patient at her young age of 12 years suffered very serious and potentially fatal SJ syndrome. It was the patient’s sheer good luck that she survived in spite of such grossly inappropriate/inadequate treatment at every stage.

Therefore, the patient was awarded a lump sum amount of Rs 10 lakhs.

https://www.scconline.com/blog/post/2022/01/28/medical-negligence-6/


Legislation Updates


CISF issues circular to implement “One Hand Bag Rule” in airports more strictly 

A new circular has been issued by Central Industrial Security Force (CISF) which handles airport security on January 19, 2022. As per the circular, no passenger shall be permitted to carry more than one hand bag, other than the exceptions issued by the Bureau of Civil Aviation (BCAS). The circular noted that passengers are flouting the rule and on average carrying 2-3 bags to the screening point which causes congestion and inconvenience to other passengers.

CISF has instructed all airlines and airport operators to implement the ‘One Hand Bag Rule’ more meticulously to ease out congestion.

https://www.scconline.com/blog/post/2022/01/25/cisf-issues-circular-to-implement-one-hand-bag-rule-in-airports-more-strictly/

Gas Cylinders (Amendment) Rules, 2022 

The Amendment requires all the high pressure cylinders and Cryogenic containers used for filling of Non-Toxic, Non-Flammable Gases and Liquids to have permanent and tamper proof marking in form of Bar Code or RFID or QR code or any means of electronic identification number at conspicuous place on cylinders and containers.

https://www.scconline.com/blog/post/2022/01/28/high-pressure-cylinders-and-cryogenic-containers-used-for-filling-non-toxic-gases-and-liquids-to-have-tamper-proof-markings-vide-gas-cylinders-amendment-rules-2022/

Drugs (Amendment) Rules, 2022 

The amendment requires every active pharmaceutical ingredient (bulk drug) manufactured or imported in India to bear Quick Response code on its label at each level packaging that store data or information readable with software application to facilitate tracking and tracing.

The Amendment Rules will come into force from January 01, 2023.

https://www.scconline.com/blog/post/2022/01/22/qr-codes-on-active-pharmaceutical-ingredients-mandatory-vide-drugs-amendment-rules-2022/

New releasesNews

Contents


Articles


The Supreme Court Collegium and Transparency: A Non-Committal Relationship       1

—Rangin Pallav Tripathy

Experiences of Dispute Resolution in Non-Court Forums: Justice Sans Rule Of Law?     27

—Shruti Vidyasagar and Shruthi Naik

Hadiya, Hinduism and Heterosexuality……………………………. 52

—Madhavi Menon

Silicosis and the State: Configuring Labour’s Interest as the Public Interest  67

—Shruti Iyer


Book Review


Justice versus Judiciary: Justice Enthroned or Entangled in India? (2019)           92

—Arun K. Thiruvengadam

IDIA

IDIA Charitable Trust (IDIA) and Allen & Overy will collaborate on an internship programme to support IDIA Scholars studying in law schools in India. Pursuant to the collaboration, Allen & Overy will offer a four-week long internship to an IDIA Scholar in the fourth or fifth year of their studies at its Singapore office for the next two years. Allen & Overy will sponsor the IDIA Scholar for the internship and provide mentoring to the Scholar as part of the collaboration.

Internships are an important part of the journey of law students, and this is a valuable learning and development opportunity for IDIA Scholars who come from diverse backgrounds. Unfortunately, IDIA Scholars have often experienced many forms of marginalisation. An internship with a leading global law firm offers them a chance to gain international experience, develop career skills and gather know-how that may otherwise not be accessible to them.

Mr. Shishira Rudrappa, Managing Trustee of IDIA Charitable Trust, said: “We are delighted at being able to collaborate with Allen and Overy. It’s an incredible opportunity for IDIA Scholars to step onto a global platform for new and exciting workplace, cultural and living experiences.

Sheila Ahuja and Pallavi Gopinath Aney, joint Chairs of Allen & Overy’s India group, commented: We are really pleased to be able to collaborate with IDIA on this important internship programme. At A&O we strive to be open, accessible and inclusive and we understand that we have a key role to play in creating and offering opportunities in the legal profession. Programmes like this offer valuable learning opportunities to students and we are very much looking forward to welcoming the scholars.

Both organisations hope to develop a mutually beneficial collaboration in the years to come. IDIA is continually and actively seeking more opportunities to help its Scholars develop into CHAMPS (Creative, Holistic, Altruistic, Moral/Maverick, Problem Solvers) through its Scholar Development Programme, which includes mentorship, training, internship support and many other activities.


About IDIA Charitable Trust

IDIA is a nationwide movement that selects and trains students from marginalised and underprivileged backgrounds to crack CLAT and other law entrance examinations. Once selected to top law colleges, IDIA gives them a holistic scholarship that includes financial assistance, training, mentorship etc. The aim is to create community leaders and change-makers who are CHAMPS. Hopefully, this will help empower communities by creating capacity from within. In 11 years, more than 140 students from underprivileged backgrounds were inducted as IDIA Scholars while more than 550 students were trained by the organisation.

Read more about IDIA here: https://www.idialaw.org/

Get in touch with them here: info@idialaw.org


About Allen & Overy

Allen & Overy is a global law firm that helps the world’s leading businesses to grow, innovate and thrive. The firm is committed to thinking ahead and bringing original solutions to their clients’ most complex legal and commercial challenges. By harnessing global strength and local knowledge, A&O is driving towards its vision to become the world’s most innovative law firm.

More information on Allen & Overy available here: https://www.allenovery.com

Get in touch with Allen & Overy’s India team here: AllenOveryIndiaGroup@AllenOvery.com

Law School NewsLSAT India

LSAC Global’s very first law student initiative, the Justice League Program will successfully complete its first term on 30th November 2021. The program was announced in February 2021 with an aim to build a community of law students that learns, grows, and leads together. We saw active participation from forty passionate students pursuing law from LSAC Global Law Alliance Schools. During the program, the students exhibited excellent leadership skills and voiced their opinions on critical matters concerning law student community in India.

As ambassadors, they mentored law aspirants from Indian high schools, wrote and recorded their views on unconventional topics via articles, videos, and podcasts. They got an opportunity to engage with LSAC senior leadership and reputed stakeholders in the Indian legal sector. Importantly, they also participated in events featuring representatives from North American law schools. To appreciate their contributions, we awarded deserving students a Certificate of Recognition.  

Furthermore, this year LSAC Global announced ‘Young Leader Award’ and ‘Best Ambassador Award’ for two deserving ambassadors celebrating their consistent growth and efforts throughout the program. This year’s award recipients are Aneesh Khare, MIT World Peace University and Jaanvi Singh, Bennett University, respectively.

With the success of the program, we are set to announce the second term which would commence from January 2022 and end in July 2022. This year, the program is open for law students not only from LSAC Global Law Alliance Schools but from various renowned law schools across India.  

 

The registrations for the Justice League Program 2022 are now open. The Justice League is a premier law student community in India. It is specially crafted for those motivated law students who aspire to become a leader and have potential to voice their opinions on critical matters concerning the Indian legal fraternity.

The ambassadors shall represent their law schools and the law student community in India.

Brochure link: HERE

Registration link: HERE

New releasesNews

Get Your Copy Here: Cyber Crimes by Talat Fatima


Dr. Talat Fatima’s Cyber Crimes has been thoroughly revised with updated statutes, case laws, and analysis of a new league of cybercrimes that have come into existence in the past few years. Three new chapters addressing Net Neutrality, Dark Web, and Deep-fakes have been added to the third edition.

The book contains detailed chapters on Pure Cyber Crimes, Intellectual Property Crimes, Cloud Computing, Internet Banking, Electronic Signatures, etc. which have been thoroughly updated with the latest developments. The author has also touched on the latest innovations like the Internet of Things, Blockchain Technology, Cryptocurrency, etc. in this edition. New concepts like 5G technology and artificial intelligence have been explained in a lucid manner for her readers to understand easily.

From the vacuum created by the quashing down of Section 66-A, Information Technology Act to the analysis of the statistics of the cybercrime cases in India, the author has expanded on a range of topics in this edition. New topics include Child Pornography on the Darknet, Privacy in the Artificial Intelligence Era, Data Protection Bill, 2019, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and more. The overlap of the IT Act, 2000 with the Penal Code, 1860 has been dealt with fresh eyes and includes the analysis of case laws to bring out the juxtaposition.

Important cases on Cyber Crimes such as R. Malkani v. the State of Maharashtra, (1973) 1 SCC 471, Swami Ramdev v. Facebook Inc., 2019 SCC OnLine Del 10701, and many more important cases have been included. This widely appreciated book is a must-have for legal practitioners, researchers, Judges, students, and all those interested in the field of cybercrimes.


Get Your Copy Here: Cyber Crimes by Talat Fatima

New releasesNews

Company Law by Rinita Das


The law relating to the companies is complicated and requires great patience and dedication to understand the intricacies thoroughly. Through this book, author Rinita Das has made an attempt to make the law simple and comprehensible for the readers.

In India, the Companies Act, 2013 regulates companies. However, this legislation has to be read with the rules, regulations and notifications of the Ministry of Corporate Affairs and the guidelines issued by SEBI. This book introduces not only the provisions of the Companies Act, 2013, but also relevant Companies Rules, the provisions of SEBI regulations, and the MCA notifications along with case laws in a simple and lucid manner.

The object of the Companies Act, 2013 is to build a better corporate governance structure for the companies and increase accountability of the people representing the company by bringing out greater transparency in the administration. Nevertheless, this legislation has undergone many amendments since 2013, whenever the need was felt to modify it to suit the requirements of industry and ease the doing of business. All changes and modifications made in the law have been duly incorporated in this book to make it thoroughly updated and relevant.

This book is essentially meant for students pursuing LL B and LL M courses, but will also be very useful for the students of B. Com, BMS and the aspirants of CA, ICWA and CS as also for teachers, lawyers and Judges.


Get Your Copy Here: Company Law by Rinita Das

New releasesNews

Sociology by Deepshikha Agarwal


In India, and across the world, legal education has taken up a new dimension, with focus on a multidisciplinary and integrated approach. This book is an endeavour to assert the multidisciplinary and interdisciplinary nature of law. It touches upon the basic theoretical premises and concepts of sociology and provides insightful discussion on various social institutions and social control mechanisms. It attempts to provide an understanding of how society is organised and how it functions.

In order to cover the syllabus of sociology in law comprehensively, the author has included chapters of sociology in the Indian context including chapters on kinship, marriage and family. Similarly, a chapter on Indian society that discusses social stratification in India is included along with a chapter on social change. Many illustrations are provided in the book for clear comprehension of social order and social behaviour.

The book is relevant not just for the law student—is can be useful for all students who want to study sociology or anyone who has an interest in comprehending the functioning of society.

Extract from Foreword

The author, who has been in the thick of activity, i.e. teaching sociology to law students for close to two decades, has brought to bear her experience on the subject. The attempt has been to combine the theoretical premises and concepts of sociology, providing initial glimpses of social institutions and the control mechanism of the social system. How and why of the social organisation and the functionality of the social phenomenon in the face of legal processes constitutes the fulcrum of the discourse. I believe that the book shall go a long way in fulfilling the needs of law students and teachers, providing some basic standpoints of law and society debate in the contemporary era.

—Amar Pal Singh,

 Dean, University School of Law and Legal Studies,

Guru Gobind Singh Indraprastha University, Delhi


Get your copy here: Sociology

Kerala High Court
Case BriefsHigh Courts

Kerala High Court: P.B.Suresh Kumar, J., directed the Government Law College, Ernakulam to relax the requirement of 20 weeks internships for the fifth year law students who were unable to meet the said requirement due to pandemic.

The instant petition was filed by the fifth year law students who were undergoing Five Year integrated B.com. LLB (Hons), course from the Government Law College, Ernakulam. The course was supposed to be over in the academic year 2020-2021. In terms of Rule 24 of Schedule II to the Rules of Legal Education framed by the Bar Council of India, internship is part of the curriculum of the course. Rule 25 of Schedule III to the Rules of the Legal Education provides that each registered student shall have completed a minimum of 20 weeks internship during the period of legal studies. It is clarified, however, in the said Rule that internship in any year cannot be for a continuous period exceeding four weeks.

It was stated by the petitioners that they could complete, on an average, only 12 weeks internship during their course as none of the institutions prescribed in the Rules permitted internship during the last two years due to the outbreak of the pandemic, COVID – 19. It was also stated by the petitioners that they would not be able to complete the remaining period of their internship before culmination of the course as there would be online classes for them before the pending semester examinations. It was alleged by the petitioners that if the term of the internship provided for in the Rules was not appropriately relaxed, the petitioners would not be in a position to complete their course.

A statement has been filed by the Bar Council of India (BCI) indicating, among others, that the grievance voiced by the petitioners is genuine and the University to which the college is affiliated is free to adopt any other appropriate measures which they may feel adequate to satisfy the requirements of the course.

On the other hand, the University pointed out that insofar as the Rules of Legal Education framed by the BCI remain intact, the University might not be in a position to adopt any other method to satisfy the requirements of the course.

Rule 24 of Schedule II to the Rules of Legal Education framed by the BCI reads thus:

Moot court exercise and Internship:

This paper may have three components of 30 marks each and a viva for 10 marks.

  • Moot Court (30 Marks). Every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problem and it will be evaluated for 5 marks for written submissions and 5 marks for oral advocacy.
  • Observance of Trial in two cases, one Civil and one Criminal (30 marks): Students may be required to attend two trials in the course of the last two or three years of LL.B. studies. They will maintain a record and enter the various steps observed during their attendance on different days in the court assignment. This scheme will carry 30 marks.
  • Interviewing techniques and Pre-trial preparations and Internship diary (30 marks): Each student will observe two interviewing sessions of clients at the Lawyer’s Office/Legal Aid Office and record the proceedings in a diary, which will carry 15 marks. Each student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary, which will carry 15 marks.
  • The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.

 Rules 25 of Schedule III to the said Rules read, thus:

Minimum Period of Internship: 

  • Each registered student shall have completed minimum of 12 weeks internship for Three Year Course stream and 20 weeks in case of Five Year Course stream during the entire period of legal studies under NGO, Trial and Appellate Advocates, Judiciary, Legal Regulatory authorities, Legislatures and Parliament, Other Legal Functionaries, Market Institutions, Law Firms, Companies, Local Self Government and other such bodies as the University shall stipulate, where law is practiced either in action or in dispute resolution or in management. Provided that internship in any year cannot be for a continuous period of more than Four Weeks and all students shall at least gone through once in the entire academic period with Trial and Appellate Advocates.
  • Each student shall keep Internship diary in such form as may be stipulated by the University concerned and the same shall be evaluated by the Guide in Internship and also a Core Faculty member of the staff each time. The total mark shall be assessed in the Final Semester of the course in the 4th Clinical course as stipulated under the Rules in Schedule II.

After pursuing Rule 24-25 of Schedule II to the Rules of Legal Education, the Bench agreed to the contention of the students that it was made mandatory for them to undergo internship for a period of 20 weeks. The Bench stated that the fact that the petitioners could not undergo internship during the last two years for reasons not attributable to them was not disputed either by the BCI or by the University. Similarly, the fact that it was impossible for the petitioners to complete the remaining period of their internship before the culmination of their course was also not disputed either by the BCI or by the University.

The contention before the Court was that, while the BCI submitted that the University is free to adopt any other measures in the place of the period of internship not undergone by the candidates, the University took the stand that so long as the Rules of Legal Education framed by the BCI remain intact, they may not be justified in doing so.

Noticeably, the Rules of Legal Education were rules framed by the BCI in exercise of its function under Section 7(1)(h) of the Advocates Act, 1961 and that in terms of the said provision, it is the function of the BCI legal education by laying down its standards in consultation with the Universities in India and the State Bar Councils. After relying on V.Sudeer v. Bar Council of India, (1999) 3 SCC 176, the Bench was of the view that the said Rules were only suggestive of the ways and means to promote legal education and it was for the universities to make appropriate regulations prescribing the curriculum for the course, having regard to the standards prescribed by the BCI.

Noticing that the University had so far not framed any regulations prescribing the curriculum for the course and instead, they were following the Rules prescribed by the Bar Council of India as the curriculum for the course, the Bench clarified that the Rules prescribed by the Bar Council of India were only suggestive of the ways and means to promote legal education, and the same would not stand in the way of the University making appropriate changes in the curriculum in contingencies of the instant nature, especially when the competent authority for prescription of the standards of legal education, viz, BCI itself had permitted the University to do so.

Further, since the law does not contemplate a vacuum, the Bench applied the doctrine of necessity to tide over situation at hand, which permitted certain things to be done as a matter of necessity which would not otherwise countenance on the touchstone of judicial propriety. The Bench clarified that the doctrine of necessity also confers authority on the University to adopt the course suggested by the BCI so as to enable the petitioners to complete their course. Consequently, the University was directed to adopt appropriate other measures which it may feel adequate to satisfy the requirements of the course in the place of the period of internship not undergone by the petitioners and others who had been admitted for the Five Year integrated Law Degree course during the academic year 2016 – 2017 expeditiously.[Jomol John v. Bar Council of India, 2021 SCC OnLine Ker 2634, decided on 01-07-2021]


Kamini Sharma, Editorial Assistant has reported this brief.


Appearance before the Court by:

Counsels for the Petitioners: Adv. Amrin Fahima and Adv. Stefin Thomas

Counsels for the Respondents: Adv. Asok M. Cherian, Adv. Princy Xavier, Adv. Rajit and Adv. Surin George Iype

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Table of Contents


Articles

Indian Courts and Divorce in Muslim Personal Law- A Case of Transformative Constitutionalism for Triple Talaq

Abhishek Mishra   1

Patent Regime and Drug Pricing Regulations: An Intertwining Thread in Determining Accessibility and Affordability of Essential Medicines in India

—Uday Shankar & Nidhi Mehrotra   28

Entrenching Access to Justice Via Court Annexed ADR in Nigeria: Its Benefits and Challenges

—Ayinla, L.A. & Afolabi, Y.S.   46

Development and Environment Discourse: An Understanding with Reference to Uttar Pradesh

—Sanjay Singh  . 59

Presumptions under the Protection of Children from Sexual Offences Act, 2012: A Jurisprudential Analysis

Kumar Askand Pandey & Shivani Tripathi   75

Take or Pay Clauses in Fuel Supply Agreements in India: An Overview

Badrinath Srinivasan   86

From Dream to Broken Relationship – Fraudulent Non – Resident Indian (NRI) Marriages in India: A Critical Study

Sangita Laha  . 109

Gender, Political Parties and Representation: A Study of Lucknow Municipal Corporation

Shailja Singh   121

Emerging Dimensions of Consumer Protection Law in India

Manoj Kumar  . 133

Unity in Diversity: Fratricidal Issues in India

Suvir Kapur  . 150

WTO’s Interpretation of GATT Article XX Chapeau: A Disguised Restriction on Environmental Measures

Sakshi Gupta  . 158

Snag of Electronic Evidence

—Vipul Vinod  . 166

A Critical Analysis of the Implication of SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2018 on Corporate Governance in India

—Kumud Malviya  . 176

Language and Future of Legal Education: Contemporary Challenges

—Subir Kumar & Priya Vijay  . 191

Decoding the Law on Frustration of Contract: The Case of Satyabrata Ghose

—Iish Vinay & Assem Kumar Jha   200

Case Comment

The Issue of Consequential Seniority Pursuant to Reservation in Promotion in Government Services: Comment on B. K. Pavitra v. Union of India

—Manwendra Kumar Tiwari  . 211

Comment

Whether Citizenship Amendment Act, 2019 is Against the Concept of Secularism: An Appraisal

—Rajneesh Kumar Yadav   220

Book Review

Disaster Management and Protection of Human Rights in India: With Special Reference to International Law and Practice by Subhradipta Sarkar

Debasis Poddar  227

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Contents


A Prologue

COVID-19 – Law and Policy Response in India

Vijay Kumar Singh and Shilpika Pandey — 1

Articles

Role of Virtual Learning Amidst Covid – 19: Challenges & Recommendations

Ekta Sood — 18

Moving Beyond the Rhetoric: Addressing the Issues Relating to Crisis Cartels in India

Dipali Rai and Sheena Gupta — 37

Covid – 19 Vis-À-Vis Domestic and International Law Regulating Wildlife Trade

Rama Devi Gudemela — 57

Coronavirus Pandemic in East Africa: Tanzanian and Ugandan Approaches in Legal Perspectives

Issa Babatunde Oba — 69

Scope of Intellectual Property Rights in Times of Covid: Indian Scenario

Anjana Girish — 87

Covid-19 and its Impact on Fisheries in the Bay of Bengal Region through the Lens of IUU Fishing

Tarique Faiyaz — 100

The Unkindest Cut of All – Labour Law and the Covid-19 Crisis

Karthik Shiva B — 116

Corporate Social Responsibility and Covid 19 Crisis: Analysing
the Role of Indian Companies

Rajdip Bhadra Chaudhuri — 129

The Role of Media During Covid-19: Ethical and Regulatory Challenges

Sruthi Prabhakar and Yamuna Vijayagopal — 151

Technology and Unemployment: Cause, Cure and the Future

Smriti Kanwar and Kartikeya Vashist — 170

The Corona Menace and Impact on IP Rights: Analyzing the Need for Better Decisions

Anuja Misra — 187

Rethinking Globalisation and Trade-in Covid-19 Era

Kushagra Prasad —  207

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Contents


Editorial

1 Judicial Recusal: A Comparative Analysis

—  Priyadarshini Barua, Sarthak Makkar, Vasanthi Hariharan

Articles

17 Gender, Health and Development: What Latitude For Law In Nigeria?

— Oluwakemi Adekile

42 The Public Interest Gamble in an Anti-Dumping Inquiry Testing Indian Waters

— Ashish Chandra & Anupal Dasgupta

71 The Dilution of Article 32 Convenience over Right

— Prakhar Chauhan & Raghuveer Nath

Essays

94 Post-Divortium Shared Parenting Potentiality versus Actuality

— Owais Hasan Khan

Commentary

109 Balancing the power of anti-arbitration injunction with the competence of investment tribunals: Union of India v Vodafone Group PLC United Kingdom

— Aniruddha Rajput

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Table of Contents

What does it Take to be a Human Being: Issues of Conferring Citizenship and Civil Rights on ‘Intelligent Machines’

Ravi Shankar Pandey 1

Victims of the Virtual Vortex: Regulating the Video Game Industry in India

Aaroha Kulkarni 18

Tackling Illegal Sports Streaming: Time to Strengthen the Copyright Regime?

Mohit Kar and Shreya Sahoo 33

To Censor or Not to Censor: Regulation of Content on OTT Media Platforms in India

Astha Pandey and Pranjal Pandey 46

Hot Off The PressNews

Bar Council of India decided to hold the next All India Bar Exam on 21-03-2021.

AIBE-XV is to be held on the scheduled date i.e. 24-01-2021 and there will be no change of date of All India Bar Exam-XV anymore.

For AIBE-XVI, the Online registration will start from 26-12-2020 and the last date for registration will be 21-02-2021. The last date for payment of exam fee would be 23-02-2021 and 26-02-2021 will be the final date for completion of online forms. Admit Cards shall be released online 06-03-2021 and the exam will be held on 21-03-2021.

In this way, Bar Council of India is going to hold two All India Bar Exams within a period of two months (i.e. All India Bar Exam-XV on 24-01-2021 and All India Bar Exam– XVI on 21-03-2021).


Bar Council of India

[Press Release dt. 21-12-2020]


Also Read:

Bar Council of India releases new schedule for All India Bar Examination–XV [Check New Dates]

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Contents


Articles

A RIGHT TO THE INDIAN CITY? LEGAL AND POLITICAL CLAIMS OVER HOUSING AND URBAN SPACE IN INDIA………………1

—Mathew Idiculla

COEXISTENCE AND VIOLENCE: THE CASE FOR EQUALITY OF OPPORTUNITY IN SRI LANKA………………………………….26

—Gehan Gunatilleke

‘ESSENTIAL RELIGIOUS PRACTICES’ DOCTRINE AS A CAUTIONARY TALE: ADOPTING EFFICIENT MODALITIES OF SOCIO-CULTURAL FACT-FINDING……………………………………………………………………….. 46

—Mary Kavita Dominic

Mob, Murder, Motivation: The Emergence of Hate Crime Discourse in India …………………………………………………………………………………………76

—M. Mohsin Alam Bhat

Notes from the Field

Anti-Terrorism Courts And Procedural (In)Justice: The Case Of The National Investigation Agency (Nia) Special Courts In South Chhattisgarh, India………………………………………. 109

—Shikha Pandey

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Contents

Articles

DESIGNED FOR ABUSE: SPECIAL CRIMINAL LAWS AND RIGHTS OF THE ACCUSED…………………………………………………………………………………………. 1

—Kunal Ambasta

UNIFORMITY IN DIVERSITY?: REFLECTING ON THE ESSENTIAL PRACTICES DOCTRINE AND ITS IMPLICATIONS FOR LEGAL PLURALISM      ………………………………………………………………………………………………………..17

—Kalindi Kokal

WHOSE FOREST IS IT AFTER ALL?……………………………………………………. 29

—Ujal Kumar Mookherjee and Manjeri Subin Sunder Raj

PROTECTION OF HARMED INVESTORS: THE MISSING LINK IN THE DISGORGEMENT ORDERS OF THE SEBI……………………48

—S.N. Ghosh

OPERATIONAL CREDITORS IN INSOLVENCY: A TALE OF DISENFRANCHISEMENT…………………………………………………………..68

—Sudip Mahapatra, Pooja Singhania and Misha Chandna

Essays

RIGHTS ISSUES – UNTYING THE KNOTS……………………………………………… 82

—Sayantan Dutta

ETHICAL HACKERS UNDER THE INFORMATION TECHNOLOGY ACT: THE CYBER TERRORISM CONUNDRUM AND ‘PROTECTED’ SYSTEMS…………………………………………………………………………………………………………………………………………..93

––Vivek Krishnani

Book Review

PRIVACY 3.0: UNLOCKING OUR DATA-DRIVEN FUTURE BY RAHUL MATTHAN…………………………………………………………….103

—Amlan Mishra

IDIA

A glimpse of Anand Kumar’s Journey

Background

Anand Kumar hails from ‘Masaurhi’, a small town that is 30 kms away from Patna. He is a highly motivated and hardworking student. His father is a retired army personnel and their total monthly family income is around Rs. 19,000. He has two elder sisters, both of whom are preparing for competitive examinations, and his mother is a homemaker. Anand completed his tenth standard from the St. Mary’s School, Masaurhi (Patna), scoring a CGPA of 8 out of 10.

Since his father sought an early retirement from the army, Anand had to complete his twelfth standard from a Government school – Ram Naresh Senyai School, Kurtha where he scored 65% in his examinations. In his free time, he likes to play sports, especially cricket.

When did Anand decide that he wanted to attempt CLAT?

After his 12th standard, Anand initially started to prepare for NEET Examination due to family pressure, but after one failed attempt, he took some time off to figure out what actually suits him and that is when he came across law as a profession and decided to attempt CLAT.

Anand Kumar came to know about IDIA through one of his seniors in school who is currently studying in CNLU, Patna. He qualified among many students who gave the IDIA National Aptitude Test, and was selected as an IDIA Trainee.

According to him, law is the best subject he can study. He believes that law is an important aspect of everyone’s life and it plays an integral role in a nation’s growth and development. He is determined to study law and contribute towards the development of his community.

Anand has secured an impressive AIR 5 in CLAT 2020 with an outstanding score of 117 out of 150 and has been allotted NLSIU in the first CLAT list. The total cost of studying at NLSIU, Bangalore, inclusive of tuition, hostel and mess expenses, internship, and nominal living expenses is INR 5 lakhs for the first year. Please come forward and help Anand achieve his dream of becoming a lawyer!

For a detailed break up of Anand’s expenses, write to us at prateek@idialaw.org


About IDIA:

IDIA is a pan-India movement to train underprivileged students and help transform them into leading lawyers and community advocates. IDIA is premised on the notion that access to premier legal education empowers marginalized communities and helps them help themselves. IDIA selects and trains students from underprivileged backgrounds (IDIA Trainees) to crack top law entrance examinations in India. Once they are admitted to top law colleges, it provides a scholarship to these students (IDIA Scholars) that comprises financial support, training and mentorship among other things.

Read more about IDIA here: https://www.idialaw.org/

Get in touch with them here: info@idialaw.org


SCC Online is now on Telegram and Instagram. Join our channel @scconline on Telegram and @scconline_ on Instagram and stay updated with the latest legal news from within and outside India

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Contents

Articles

India’s Electoral Legal System: Need for Structural Reform

Krishan Mahajan………………………………………………………………… 1

Elections and Election Commission of India: A Contemporary Evaluation

Afroz Alam ………………………………………………………………………..  9

Significance of the Ballot System in the Indirect Elections in India: with Special Reference of Rajya Sabha

Uday Shankar & Ashok Vardhan Adipudi …………………………………..  19

Validating Democracy through Proportional Electoral System

Ayaz Ahmad …………………………………………………………………….  38

An Integrated Approach to Resolve the Crisis of Defection in India

Chirag Balyan ………………………………………………………………….  50

First Past the Post System and its Limitations: A Case for Proportional Representation in India

Parth Sharma …………………………………………………………………..  82

Evaluating Criminal Disenfranchisement in India

Abhijit Anand & Tapan Vahal ………………………………………………..  96

Violations of Model Code of Conduct and Accountability of Election Commission of India

Neelesh Shukla & Hartej Singh Kochher ………………………………….  113

Electrising the Scourge Over Electoral Corrupt Practices

Shivani Puri & Prateek Kumar ……………………………………………..  128

E-Bonds: Code Anonymous in Indian Elections

Vrinda Bhardwaj & Kumar Mangalam ……………………………………  144

Breaking the Shackles: Recognising Election Manifestos as Legitimate Expectations

Omkar Upadhyay ……………………………………………………………..  156

Case Comments

Contextualizing Religious Politics and Elections in India: Judicial Discourse in Abhiram Singh v. C.D. Commachen

Yogesh Pratap Singh & Siddharth Panda …………………………………  173

A Missed Chance to De-Criminalise Indian Politics: A Comment on Manoj Narula v. Union of India

Nikita Pattajoshi & Swayamsiddha Mishra ……………………………….  184

Book Reviews

Navin Chawla, “Every Vote Counts: The Story of India’s Elections”

Rajat Solanki & Nidhi Chauhan …………………………………………….  195

Alok Shukla, “Ambush: Tales of the Ballot”

Deban Satyadarshi Nanda …………………………………………………..  204

Hot Off The PressNews

Bar Council of India releases new schedule for AIBE — XV

ACTIVITY

IMPORTANT DATES

Online Registration had began from 16-05-2020
Bank Payment through challan started from 16-05-2020
Online registration extended till 03-12-2020
Last date for payment 10-12-2020
Last date for completion of online form 15-12-2020
Online release of admit cards 05-01-2021
Date of Examination 24-01-2021

Bar Council of India