DECRIMINALIZATION OF HOMOSEXUALITY: CRITICAL ANALYSIS OF THE RECENT BOTSWANA JUDGMENT Author: Ms. Teresa Dhar, CNLU, Patna Q1. What is the case all about? On 11th June, 2019, in another historic case of decriminalizing homosexuality, the Botswana High Court in LETSWELETSE MOTSHIDIEMANG (Applicant) v. ATTORNEY GENERAL (Respondent) and the LESBIANS, GAYS AND BISEXUALS OF BOTSWANA (LEGABIBO) as
CASES ON MEDICAL NEGLIGENCE IN INDIA (2016-2019) Author: Ms. Teresa Dhar, CNLU, Patna 1. Name of the case – Kusum Sharma & Ors vs Batra Hospital & Med.Research Year of the case – 10th February, 2010 Principle – To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed
Blasphemous: On the Blasphemy Law Author: Ms. Teresa Dhar, CNLU, Patna. Q1. What is blasphemy? To understand blasphemy, we must understand secularism in the Indian context. In the constitution of India, the word “secular” was added in the preamble by the 42nd Amendment, which made it crystal clear that India is a secular country and
Reference, Review, and Revision under the Code of Civil Procedure,1908. Author: Sudhanshu Sachan, Central University of South Bihar. Reference Meaning of reference-“REFERENCE” is given under Section 113 of the Code of Civil Procedure,1908 and Order 46 of the Code of Civil Procedure,1908 tells about the procedure of sending reference, its essentials, and other conditions. When
The doctrine of Rarest of the rare Author: Sudhanshu Sachan “A punishment to be just should have only that degree of severity which is sufficient to deter others. ” …Beccaria What is the meaning of the doctrine ‘rarest of the rare’? The above-quoted line clearly tells us about one of the objectives of giving
Parameters for granting Interim Injunctions Author: Sudhanshu Sachan, Central University of South Bihar. What do you mean by Injunctions? The Oxford law dictionary defines injunctions as “A judicial order restraining a person from beginning or continuing an action threatening or invading the legal right of another, or compelling a person to carry out a certain
New FDI approval regime Author: Shubham Mathur, HPNLU. Apart from being a critical driver of economic growth, foreign direct investment (FDI) is a major source of non-debt financial resource for the economic development of India. Foreign companies invest in India to take advantage of relatively lower wages, special investment privileges such as tax exemptions, etc.
Child Pornography Bill Author: Shubham Mathur, HPNLU. INTRODUCTION Child pornography is publishing and transmitting obscene material of children in electronic form. In recent years child pornography has increased due to the easy access of the internet, & easily available videos on the internet. Child pornography is the most heinous crime which occurs and has led
Can a wife file a case for unnatural sexual offences against the husband under section 377 of IPC? Section 377 of IPC reads as follows: Unnatural offences—Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description
Difference between Session trial and warrant trial Author: Shubham Mathur, HPNLU. Process of session trial: Session Court deals with criminal matters at a district level. To be more accurate these offences are of more serious nature, the session court does not have the power to take cognizance only under Section 199 of the CrPC it
What will you do if someone has taken possession over your property? Author: Shubham Mathur, HPNLU A person facing such problems shall contact the police immediately as he has become a victim of encroachment or trespass of land. What is Encroachment? Encroachment is an act in which a property is either used or interrupted by
Increasing Suicides and Its Prevention. Author: Mr. Abhishek Naharia, RGNUL, Patiala The First Incident. This Article has been written keeping in mind the suicides of 2 students recently in a series of events which brought much havoc amongst the society. The first suicide dealt with here is of a 19-year old boy who had died in
The hazard of Hazardous Waste Management in India. Author: Mr. Abhishek Naharia, RGNUL, Patiala Across the Eras. Man is a social animal and there is no denying the fact that the number of resources that man has exploited since the old ear has increased severely. Where in the earlier times when there wasn’t much population across
Regulation of Drones. Author: Mr. Abhishek Naharia, RGNUL, Patiala What are the General Rules and Regulations for Flying of Drones in India? The Ministry of Civil Aviation has defined Drones as a technology platform that has a wide range of applications from photography to agriculture. The Directorate General of Civil Aviation uses the term “Remotely Piloted
Author: Mr. Abhishek Naharia, RGNUL, Patiala Resolving the Controversy on the Forest Dwellers Act, 2006. What is the Act all about? The Forest Dwellers Act, also known as the Tribal Land Act holds a special place in the eyes of law as this Act was brought in to recognize the rights of a major chunk of
