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Betrayal of juvenile justice | Juvenile law

Betrayal of juvenile justice | Juvenile law

Law, Society
In the words of late legend Justice V.R. Krishna Iyer, ‘reorganization of the worth of infants born and unborn, is the beginning of Juvenile Justice.’ Children are one of the most important chattels to each nation. The definition of the term ‘child’ is in absentia in the Indian Constitution. The United Nations Convention on the Rights of Child 1989, the Indian Majority Act 1875, the Child Labour (Prohibition and Regulation) Act 1986, the Child Marriage Restraint Act 1926, and Juvenile Justice (Care and Protection) Act 2000, defines the term 'child' and guarantees holistic development on child welfare, striving to protect right to; birth, education, early childhood, enjoyment, development, health, leisure, name, nationality, nutrition, recreation etc., on priority, yet in the present ti
From ‘Dosa King’ To Accused Murderer, This Is The Life Story Of The Saravana Bhavan Owner

From ‘Dosa King’ To Accused Murderer, This Is The Life Story Of The Saravana Bhavan Owner

Law, Society
A fascination of the 1990s led P.Rajagopal - a wealthy founder of Saravana Bhavan hotel chain, to marry a young married woman, Jeevajothy wife of Santhakumar and daughter of his own employee; abducted and murdered Santhakumar in 2001 due to his intense obsession over Jeevajothy and astrology became victim[s] of astrology. Subsequently, Rajagopal charged with penal Sections 302, 364 and 201 was found guilty for abduction and murder - was sentenced to 10 years of rigorous imprisonment by the Sessions Court 2004. On appeal against his sentence the Madras High Court sentenced Rajagopal to life imprisonment in 2009. Nevertheless, intransigence Rajagopal appealed - in 2019 the Supreme Court duly upheld the life imprisonment and directed him to surrender. Unconventionally Rajagopal ...
Why do men Rape: Lessons from the Law

Why do men Rape: Lessons from the Law

Law
Rape is an inexcusable crime committed overwhelmingly by males against females. Especially in the recent past, older males rape vulnerable young children who become victims of this heinous offense and this is becoming a very serious concern in this nation at large. Surveys of the National Sexual Violence Resource Centre show that a majority of rapes are unplanned which in fact disproves the theory that therapists are usually ‘provoked’ by the flimsy clothing worn by the victim. More often than not, rapists usually tend to ascertain their power of dominance by overpowering physical urge on innocent vulnerable victims. One begins to ponder the reason as to why there is an increase in the number of rapes across this nation, especially child rapes: 1. Psychologists suggest that rapist
Judicial Appointments : All you want to know

Judicial Appointments : All you want to know

Law
The Constitutional Bench issued directions to High Courts in every State to set up an ‘independent body’ for recommending suitable candidates in the appointment of High Court Judges and also for consideration of elevation of a High Court Judge to the Apex Court. Although the prescribed direction is not complied with, yet strangely appointments of High Court Judges and Supreme Court Judges are being made left, right and centre! The moor question lingering in the minds of all conscience oriented people is ‘whether the appointment[s] made in contravention to the above judgement of the Apex Court is valid? Candidly it amounts to violation of the judgement which consequently warrants action under the Contempt of Courts Act, hitherto no action whatsoever is imitated so far’! Article 217 of
Child Rape Ordinance – A FLAWED LAW, AN EYEWASH!

Child Rape Ordinance – A FLAWED LAW, AN EYEWASH!

Law
The Ordinance passed on child rapists today aims at protecting girl child by laying down ‘new laws’ with deterrent punishments such as: ‘in case of rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life. In case of rape of a girl under 12 years, the minimum punishment is that of 20 years imprisonment, which can be increased to imprisonment for life or the death penalty.’ Some may claim, commemorate and celebrate that a new and a huge step has been taken for safety of our daughters, sisters, and mothers etc., but the ugly truth is, this new law is a barren, vain and above all a close imitation of an existing collapsing measure taken in al
Here is all about Arbitration Law

Here is all about Arbitration Law

Law
Alternative dispute resolution (ADR) ‘is a new graft, like a new heart or a new kidney.’ In the words of the living legend Justice V.R.Krishna Iyer it is ‘justice beyond the pale of judicial jurisdiction.’ However, the traditional attitude of Courts towards ADR has always been paternalistic since ADR was not ingrained in the legal system. Although ADR aims to resolve disputes between disagreeing parties without litigation in an informal trial, wherein an impartial third party settles the dispute, substantive law is engendered intensely within the legal system and too much emphasis is given to ‘lawyering.’ However, arbitration a limb to ADR is a fairly simple process by which a dispute[s] or difference[s] between two or more parties as to their mutual legal rights and liabilities is ref
Sterlite Issue: Here is what Law has to say

Sterlite Issue: Here is what Law has to say

Law
Perhaps it is a rare occurrence, but this is what happened when the Additional Chief Secretary to Government (in his letter dated 23.5.2018 in TS/329 – 1/2018) the State’s highest Administrate functionary, a public servant, who is more accountable especially when possessing democratic accountability and is qualitatively more liable than others to the Citizens, ought to have been fundamental erudite while passing the Order was oath bound to dispense public justice without fear or favour, affection or ill-will. However his legal perception, slipped into an accidental innocence of jurisprudence, and such Orders must also contain reasons for such direction and also shall be forwarded to a Review Committee” as per the Temporary Suspension of Telecom Services Rules 2017 and his Order to temp
A look into the recent Supreme Court happenings

A look into the recent Supreme Court happenings

Law
-Acjs Friday, 12th January 2018 witnessed one of the historic events. New Delhi, the capital hits the headlines once again. Four senior judges of the Supreme Court mounted their disagreement with the Chief Justice of India and his office. Justice Kurien Joseph, Justice Chelameswar, Justice Ranjan Gogoi and Justice Madan B Lokur, all Supreme Court Judges, addressed the media. Exposing their dissatisfaction with the functioning administration of the Supreme Court. The press conference was held at Chelameswar’s residence. The joint view of the learned judges opened their statement that has changed the view of the judicial system for the common man, leaving uncertain how this open dissension in the hallowed institution would be resolved. Justice Chelameswar himself described it as an
Mid-Night darshan on the evening of the New year

Mid-Night darshan on the evening of the New year

Law
-Acjs A writ petition was filed in the Madras High Court seeking a direction to the Hindu Religious and Charitable Endowments (HR&CE) Department to ensure that none of the temples under its control is kept open for darshan during the intervening night of December 31 and January 1 for welcoming in the New Year as per the Gregorian calendar. However Madras High court on 28th Dec refused to ban for the same. Advocate A. Ashvathaman of Mylapore failed this case. According to him he was not against people visiting the temple on the day time and only opposed the mid-night dharsan.As per Hindu dharma sastra a day begins after the sun raises. The mid-night darshan is  blatant violation of Agama Sastras which says only on the occasions of Maha Shivaratri and Vaikunda Ekadasi the te
The History and Time Line of disputes of Babri Masjid till today.

The History and Time Line of disputes of Babri Masjid till today.

Law
-Acjs This is a continuation of the previous article -  Ayodhya: Faith and Facts in the land of disputes. The issue of Babri Masjid have been an argument in our memory. Here is the detailed history and time line from where it started. 1528-29 During the reign of Babur, the first Mughal emperor, some have claimed that an old Hindu temple was demolished, and a mosque constructed at the same place in Ayodhya and named after Babur. 1853 Groups of Hindu priests and Muslim clash--the first recorded incident of violence over the holy site 1885 Epic court dispute begins Mahant Raghubir Das, a Hindu priest, files the first court case and seeks permission to build a canopy on the Ramchabutra (a raised platform) outside the mosque. Faizabad district court rejects his plea. Dec 1
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