Law | Talismanian - Discovering Colossal India

Oct152022 by talismanian3 Comments

Voice to the voiceless…

International repatriation of Human Remains to India is complex, protracted, and bureaucratic. On the death of an Indian, a Funeral Agent acts as the power of attorney to comply with the procedures established by the respective Embassy and Consulate. The duty of the funeral agent is to compile the requisite documents of the deceased, that is duly translated and attested by the Consulate or the Embassy. The dossier is thereafter submitted to the respective Airport Authority of India for clearance. Once the clearance is obtained from the Airport Authority of India, the Human Remains are embalmed and the coffin is handed over to the airports where the Human Remains are preserved in a ‘cold room’ so as to decrease the rate of decomposition and disintegration of cells and the Human Rema

Jun292022 by talismanianNo Comments

Lost and found in Italy: A terrific experience and the lesson learnt

Law, Society

On a good and early summer in Italy, traveling from Porta Nuova to San Marino, in Turin, on Tram 4, I encountered the most grim and ghastly experience of my entire life. On this populous jaunt, a fraudster craftily robbed my wallet which had cards bearing identifying data and debit cards. As I stepped off Tram 4, my smartphone rattled with notification(s) of money being debited from both my Indian debit card and Italian debit card. The crafty criminal began to use my contactless debit cards, and within 7 minutes made over 40 transactions of 2500INR (the minimal amount that can be withdrawn without the need of a pin number) and I suffered exorbitant monetary loss. Lifeless and discomposed for a split second, I was attempting to digest these ersatz transactions; I instantly calle

Sep152021 by talismanianNo Comments

Media Democracy

Law, Society

One key tenet of liberal democracy is the fourth pillar of the Indian Constitution. Because of its emerging function as the ‘public watchdog,’ it monitors the running of the nation by exposing checks and balances thus contributing to a healthy democracy. A free, objective, skilled media is an indispensable element of any democratic society. Mass media has played and continues to play a very important role in the socio-political lives of its citizens. The Inter-American Court of Human Rights succinctly states a principle that is now universally acknowledged in international law: the exercise of freedom of expression in a democracy has little meaning if it can only be exercised on an individual level. Freedom of expression is not only about what you are allowed to tell your neighbor -

Oct62020 by talismanianNo Comments

Victim’s voice | Breaking the silence

Law, Society

Studying abroad is an illuminating experience, having invested 5years of quality education in London with an ambition to pursue a promising career in the United Nations, I signed up for a program at United Nations Interregional Crime and Justice Research Institute in Italy. Since the Covid-19 outbreak, my dreams turned out to be the nastiest nightmare! Multitudes were (some still are) mentally drained, devastated, disheartened, and panicking and I was not an exception. In the initial phase of this pandemic, many lived in acute anxiety and the anxiety was more of a killer than the unseen virus itself. A new layer of uncertainty for a significant number of international students arose globally after the Covid-19 outbreak. Tutors and students were not used to the online environment

Sep292020 by talismanianNo Comments

A colossal soul satisfying self experience!

Law, Society

The Italian law on immigration required that a Non-European planning to stay in Italy for more than 3 months are bound to apply for Residence Permit within 8 days of arrival in Italy. I am evidence to the efficient service rendered by the Immigration Officers at Turin on 8th September 2020. Despite the pandemic crisis, I ventured into sheer brilliance of the Immigration Department, tirelessly serving humanity. My appointment at the Questura for was initially scheduled in May, 2020 due to the pandemic, it was rescheduled to August 2020. Owing to some unforeseen circumstances, the Immigration Officers were kind enough to re-schedule my appointment to September 2020. At first sight, I noticed paramount level of professionalism in maintaining a conducive environment even outside the p...

Dec92019 by talismanianNo Comments

Don’t rape justice | Hyderabad rape case encounter

Law

The Hydrabad horror has ended with an early morning encounter demonetizing rapists and revived the debate on women's safety in India. A 27-year-old Veterinarian went missing in Shamshabad, Hyderabad, 4 alleged accused spotted the young lady who parked her scooter near a toll plaza. The alleged accused trapped her, raped her and took the lady’s body to an under-construction bridge smothered and combusted her. The police later found a charred body near Shadnagar and confirmed that the body was of the missing Hyderabad Veterinarian. The accused namely Mohammed Arif, Chintakunta Chennakeshavulu, (lorry drivers), Jollu Shiva and Jollu Naveen, (lorry cleaners) were arrested and were charged under Section 302 (murder), Section 375 (rape) and Section 362 (abduction) of the Indi

Sep302019 by talismanianNo Comments

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

Jul272019 by talismanianNo Comments

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 ...

Oct152018 by talismanianNo Comments

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

Oct152018 by talismanianNo Comments

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

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