Blog - Page 24 of 30 - The Law Literates

19Mar, 2023

Article 19 of the Constitution of India/ Famous Case Law/Consequences/Blog

Article 19 of the Constitution of India provides six fundamental rights to citizens, which are:

Right to Freedom of Speech and Expression: This means that every citizen has the right to express his or her opinions freely without fear of censorship or punishment by the government.
Right to assemble peaceably and without arms: This means that every citizen has the right to organize and participate in peaceful assemblies or protests.
Right to form associations or unions: This means that every citizen has the right to form and join associations, unions, or political parties.
Right to move freely throughout the territory of India: This means that every citizen has the right to move freely within the country, and to live and work in any part of India.
Right to reside and settle in any part of India: This means that every citizen has the right to reside and settle in any part of India.
Right to practice any profession, or to carry on any occupation, trade or business: This means that every citizen has the right to practice any profession, carry on any occupation, trade or business without any discrimination.

Article 19 has played a significant role in protecting the fundamental rights of citizens and ensuring that they have the freedom to express themselves, associate with others, move freely, and pursue their chosen professions or occupations.

Famous case laws related to Article 19 of the Constitution of India include:

Maneka Gandhi v. Union of India (1978): This case established the doctrine of ‘due process of law’ which meant that any law that restricted a fundamental right must be just, fair, and reasonable. The case held that the right to travel abroad was a fundamental right and could not be taken away without following the due process of law.
S. Rangarajan v. P. Jagjivan Ram (1989): This case held that the right to freedom of speech and expression includes the right to express unpopular or dissenting views. The case held that any restriction on freedom of speech and expression must be narrowly tailored to achieve a specific objective and must not be vague or overbroad.
State of Madras v. V.G. Row (1952): This case held that any law that restricts the freedom of speech and expression must be reasonable and in the interests of the sovereignty and integrity of India. The case held that the right to freedom of speech and expression is not an absolute right and can be restricted by the State if it poses a threat to public order or morality.

These landmark cases have been instrumental in shaping the interpretation of Article 19 of the Constitution of India and have set the framework for the protection of fundamental rights in the country.

Consequences of Article 19

The consequences of Article 19 are that citizens have the freedom to exercise their rights without fear of government intervention, and that the government must protect these rights. The government can only restrict these rights under certain circumstances, such as when it is necessary for public order, morality, and security of the State.

17Mar, 2023

Advocates welfare circular for fresh registration

8Mar, 2023

Wish You Happy Holi/08/03/2023/Wish everyone form our Legal Team

Wish You Happy Holi. 8th March 2023

Holi is a major festival in India and is celebrated with great enthusiasm and zeal across the country. It is a festival of colors and is celebrated on the full moon day in the Hindu month of Phalguna, which usually falls in February or March. Here are some of the reasons why Holi is so important in India:

Celebrates the victory of good over evil: The festival of Holi celebrates the victory of good over evil. According to Hindu mythology, the festival commemorates the defeat of the demon king Hiranyakashipu by Lord Vishnu, who took the form of Narasimha (a half-human, half-lion figure) to kill the demon king. It is also believed to be a celebration of the devotion and love of Prahlada, the son of the demon king, who was a devotee of Lord Vishnu.
Promotes unity and brotherhood: Holi is a festival that brings people together, irrespective of their caste, creed, or religion. It is a time when people forget their differences and come together to celebrate and enjoy the festival. It is also a time to forgive and forget, as people throw colors at each other and bury the hatchet.
Marks the arrival of spring: Holi is celebrated at the onset of spring, which is a time of renewal and rejuvenation. The festival is a celebration of new beginnings, and people come out of their homes to enjoy the warmth and vibrancy of the season.
Joyful and fun-filled festival: Holi is a festival of joy and happiness. People dance to the beats of dhol and sing Holi songs. They also smear each other with colors and drench each other with water, which makes the festival a lot of fun.
Traditional festival: Holi is a traditional festival that has been celebrated in India for centuries. It is deeply rooted in Indian culture and is an important part of the country’s heritage.

Overall, Holi is an important festival in India that celebrates the triumph of good over evil, promotes unity and brotherhood, marks the arrival of spring, and is a fun-filled and joyful festival. It is a time when people come together to forget their differences and celebrate the rich cultural heritage of India.

Thank you very much! On behalf of the The Law Literates family , we wish everyone a very happy and colorful Holi! May this festival bring joy, happiness, and togetherness to you and your loved ones.

Team The Law Literates

आपका बहुत-बहुत धन्यवाद!

8Mar, 2023

Article 21: “Protection of Life and Personal Liberty/Consequences/Blogs

Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.” This fundamental right is available to every person, citizens and foreigners alike.

Article 21 is a provision of the Universal Declaration of Human Rights (UDHR), which states:

“(1) Everyone has the right to take part in the government of their country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in their country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

This article recognizes the importance of political participation and equal access to public services for all individuals, regardless of their race, gender, or any other personal characteristics. It emphasizes the need for democratic processes, such as free and fair elections, to ensure that the government is accountable to the will of the people. Overall, Article 21 promotes the principles of democracy and human rights.

Article 21 of the Indian Constitution guarantees the protection of life and personal liberty to every citizen of India. This fundamental right is considered one of the most important rights as it ensures that no person shall be deprived of their life or personal liberty except in accordance with the procedure established by law.

The scope of Article 21 is broad and encompasses various aspects of human life. It includes the right to live with human dignity, the right to livelihood, the right to health, the right to privacy, the right to personal autonomy, and the right to a pollution-free environment. The Supreme Court of India has interpreted Article 21 in various landmark judgments to expand its scope and ensure that the fundamental right is protected in all aspects.

Article 21 of the Constitution of India is one of the most fundamental and significant articles, which provides protection to the life and personal liberty of every person in India. The article states:

“No person shall be deprived of his life or personal liberty except according to the procedure established by law.”

Here are some of the consequences of Article 21 in India:

Right to life: Article 21 of the Indian Constitution guarantees the right to life to every person. This right is not only about the physical existence of an individual, but it also includes the right to a dignified life, health, and basic necessities.
Right to personal liberty: The right to personal liberty is another important consequence of Article 21. This right provides protection against arbitrary arrest and detention.
Right to fair trial: Article 21 ensures that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This means that every person is entitled to a fair trial, and no one can be punished without being given an opportunity to defend himself.
Protection against torture and inhumane treatment: Article 21 also provides protection against torture and inhumane treatment. The Supreme Court of India has interpreted the right to life and personal liberty as including the right to live with dignity and free from any form of torture or cruel, inhuman, or degrading treatment.
Right to privacy: The Supreme Court of India has held that the right to privacy is a part of the right to life and personal liberty under Article 21. This means that every person has the right to be left alone and to have control over his or her personal information.
Right to education: The Supreme Court of India has held that the right to education is also a part of the right to life and personal liberty under Article 21. This means that every person has the right to education and the government has a duty to provide free and compulsory education to all children up to the age of 14 years.

Overall, Article 21 is a critical provision of the Indian Constitution that ensures protection to the fundamental rights of every person in India.

Some of the important judgments by the Supreme Court of India on Article 21 are:

Maneka Gandhi v. Union of India (1978): This case expanded the scope of Article 21 by stating that the right to life includes the right to travel abroad.
Olga Tellis v. Bombay Municipal Corporation (1985): In this case, the Supreme Court held that the right to livelihood is a part of the right to life under Article 21.

People’s Union for Democratic Rights v. Union of India (1982): This case recognized the right to health as a fundamental right under Article 21.

K.S. Puttaswamy v. Union of India (2017): This case recognized the right to privacy as a fundamental right under Article 21.

As of my knowledge cutoff of September 2021, here are some recent judgements by the Hon’ble Supreme Court of India on Article 21 of the Indian Constitution which deals with fundamental rights:

Navtej Singh Johar v. Union of India (2018): The Supreme Court in this landmark judgement decriminalized consensual homosexual acts between adults. The Court held that the right to sexuality and sexual orientation is an integral part of the right to privacy under Article 21.
KS Puttaswamy v. Union of India (2017): In this case, the Supreme Court declared the right to privacy as a fundamental right under Article 21. The Court held that the right to privacy is an intrinsic part of the right to life and personal liberty.
Common Cause v. Union of India (2018): The Supreme Court in this case recognized the right to die with dignity as a fundamental right under Article 21. The Court allowed passive euthanasia under strict guidelines.

7Mar, 2023

Section 115 CPC Assam Urban Areas Rent Control Act, Section 5(4)/Gauhati High Court

GAUHATI HIGH COURT

UMANGKHINI vs LUNA CRP 61/21 30/05/21 [ DEVASHI JJ

_*• Section 115 CPC Assam Urban Areas Rent Control Act, Section 5(4) Eviction Petitioner after entering into lease agreement, started business in tenanted premises – Alleged that petitioner after few weeks tenancy, petitioner started liquor selling business Alleged that rent was not paid to respondent as per agreed terms and conditions Petitioner contends that monthly rent in respect to suit premises was being regularly paid to respondent mostly through court – It is no longer res-integra that it is burden of tenant to prove that tenant is not defaulter in payment of rent – Tenant has to prove that upon refusal of respondent to accept rent, tenant has deposited rent in court – There has been no evidence adduced by petitioner to prove same Directing petitioner to vacate suit premises within 6 months Petition dismissed. [Paras]
12. I have heard the learned counsels for the parties and given my anxious consideration to the matter. It appears from the records that the plaintiff has specifically stated in her plaint that from October, 2015 onwards till the date of filing of the suit, rent was not paid to the plaintiff as per the agreed terms and conditions. In the written statement, the stand of the defendant was that the monthly rent in respect to the suit premises was being regularly paid to the plaintiff mostly through the court under Section 5 (4) of the Act of 1972 whenever the plaintiff refused to accept it in respect to the suit premises. It is no longer res-integra that it is the burden of the tenant to prove that the tenant is not a defaulter in payment of rent. Further to that, it is also well established that in order to make the deposit in terms with Section 5 (4) of the Act of 1972, the tenant has to prove that upon refusal of the landlord to accept the rent, the tenant has deposited the rent in the court in the manner stipulated under Section 5 (4) of Act of 1972. As there has been no evidence adduced by the defendant to prove the same that the mandate of Section 5 (4) of the Act of 1972 has been duly complied with, this court is in agreement with the concurrent finding of the facts arrived at by both the courts below and being a revisional court exercising jurisdiction under Section 115 of the Code of Civil Procedure, the concurrent finding of facts arrived at by both the courts below do not show any error in jurisdiction by the courts below in arriving at the decision for which the instant application stands dismissed thereby affirming the judgment and decree dated 06.09.2021 passed by the Court of the Civil Judge, Sivasagar in Title Suit No. 08/2020.

13. Taking into consideration that the defendant has been carrying on her business of a Dhaba since long and Mr. A. R. Shome, the learned counsel appearing for the petitioner/defendant submits that if the defendant is immediately evicted from the suit premises, serious irretrievable injury would be caused to her as it would be very difficult to immediately find an alternative location to carry out of the business, this Court deems it just and reasonable to grant the defendant 6 (six) months of time to vacate the suit premises provided the defendant submits an undertaking before the trial court within 15.06.2022 to the effect that the defendant shall vacate the suit premises within a period of 6 (six) months from the date of the instant judgement, i.e., on or before 30.11.2022. Failure to submit the undertaking within the said period, the plaintiff shall be entitled to initiate execution application for evicting the defendant.
14. It is clarified that during this period of 6 (six) months, ending 30.11.2022, the defendant shall continue to make payment of the amount of rent to which the plaintiff is entitled to per month in the form of compensation to the plaintiff.
15. It is further observed that granting of extension of the period of 6 (six) months subject to filing the undertaking as aforesaid and the payment of compensation during this period of 6 (six) months shall not create any right or interest in favour of the defendant in respect to the suit premises. It is also clarified that during this period, the defendant shall remain in possession of the suit premises as the custodian of the plaintiff and shall not do any act or acts which may affect the rights of the plaintiff over the suit premises in any manner whatsoever.

clock here for read the judgment

display_pdf – 2023-03-02T172628.099

5Mar, 2023

Section 125 CRPC Maintenance/Increased maintenance/Supreme Court of India

SUPREME COURT OF INDIA

ANJU vs DEEPAK CRL-A 1693/22 28/09/22 [ DINESH JJ

• Section 125 CRPC Maintenance for wife and children Held, conduct of Respondent in not appearing before the Family Court despite issuance of warrants, clearly established his disregard for law and for his own family As his evidence was closed, allegations made by wife in her evidence remained unchallenged Wife clearly stated as to how harassment and cruelty as also neglect by husband led her to leave her matrimonial home with her children Documentary evidence led by her proved husband’s demand for money from her father – Thus, no reason for Family Court to disbelieve her version and believe oral submissions made by respondent which were not supported by evidence – Husband even questioned her chastity without any supporting evidence – Though Family Court rejected his application for DNA test and granted maintenance to son, it mis-directed itself by not granting maintenance to wife – Therefore, High Court erred in casually approving Family Court’s order without giving any reasons. [Paras 11 and 12]

11) it has been stated that it is a piece of social legislation which provides for a summary and speedy relief by way of maintenance to a wife who is unable to maintain herself and her children”. disregarded the aforesaid settled legal position, but had proceeded with the proceedings in absolutely pervert manner. The very fact that the right of the respondent to cross-examine the witnesses of the appellant-original applicant was closed, as he had failed to appear before the Family Court despite the issuance of warrants, clearly established that he had no regards for his own family nor had any regards for the Court or for the law. The allegations made by the appellant-wife in her evidence before the Court had remained unchallenged and, therefore, there was no reason for the Family Court to disbelieve her version, and to believe the oral submissions made by the learned counsel appearing for the respondent which had no basis. In absence of any evidence on record adduced by the respondent disputing the evidence adduced by the appellant, the Family Court could not have passed the order believing the oral submissions of the learned counsel for the respondent. She had clearly stated as to how she was harassed and subjected to cruelty by the respondent, which had constrained her to leave the matrimonial home along with her children, and as to how the respondent had failed and neglected to maintain her and her children. She had also proved by producing the documentary evidence that her father had paid money to the respondent from time to time to help the respondent for his business. Even if the allegations of demand of dowry by the respondent were not believed, there was enough evidence to believe that money was being paid to the respondent by the father of the appellant-wife, which substantiated her allegation that the
respondent was demanding money from her father and was subjecting her to harassment. The errant respondent had also gone to the extent of questioning her chastity alleging that Rachit was not his biological son. There was nothing on record to substantiate his such baseless allegations. His application for DNA test was also rejected by the Family Court. Of course, the Family Court granted the Maintenance petition so far as the appellant no.2-son was concerned, nonetheless had thoroughly mis-directed itself by not granting the maintenance to the appellant-wife.

12) Such an erroneous and perverse order of Family Court was unfortunately confirmed by the High Court by passing a very perfunctory impugned order. The High Court, without assigning any reasons, passed the impugned order in a very casual manner. This Court would have remanded the matter back to the High Court for considering it afresh, however considering the fact that the matter has been pending before this Court since the last four years, and remanding it back would further delay the proceedings, this Court deemed it proper to pass this order.

click here for read the judgment

Judgement_28-Sep-2022 ANJU GARG & ANR. APPELLANT(S) VERSUS DEEPAK KUMAR GARG

3Mar, 2023

What Is Order 7 Rule 11 CPC ? When plaint can be rejected ?/Blogs/Civil Laws

The presentation of a plaint, i.e. the pleading of the plaintiff in a suit; marks the institution of a civil suit. The Civil Procedure Code, 1908, provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically states grounds. Order VII Rule 11 provides: “Court shall reject a plaint.

In Indian law, the rejection of a plaint refers to the dismissal of a case at its initial stage, i.e., before it goes to trial. The court can reject a plaint if it does not comply with the procedural requirements or if it fails to disclose a cause of action.

The main provisions dealing with the rejection of plaint is Order 7 Rule 11 of the Code of Civil Procedure, 1908. These provisions provide the grounds for rejecting a plaint and the procedure for doing so.

the plaint shall be rejected in the following cases:

a) If it does not disclose a cause of action;

b) If the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so;

c) If the suit appears from the statement in the plaint to be barred by any law;

d) If the plaint is not filed in the proper court;

e) If the suit is instituted against the provisions of the Code of Civil Procedure.

Order 7 Rule 11 of the Code of Civil Procedure provides that the court may reject the plaint if it appears from the statement in the plaint that the suit is barred by any law.

One of the important case laws regarding the rejection of plaint is the case of Sopan Sukhdeo Sable v. Assistant Charity Commissioner. In this case, the Supreme Court held that a plaint can be rejected only if the averments in the plaint, taken as a whole, do not disclose a cause of action. The court further observed that the test to determine whether a cause of action has been disclosed is whether, if the allegations made in the plaint are proved, the plaintiff would be entitled to the relief claimed.
In another landmark case, Salem Advocate Bar Association, Tamil Nadu v. Union of India, the Supreme Court held that the rejection of a plaint is a drastic action and should be resorted to only in clear cases where the plaint is vexatious, meritless, or instituted with an ulterior motive. The court further observed that the power to reject a plaint should be exercised cautiously and sparingly.
Surinder Singh Deswal v. Virender Gandhi: In this case, the Delhi High Court held that the power to reject a plaint is discretionary and should be exercised in accordance with the principles of natural justice and fairness. The court also noted that the plaintiff should be given a reasonable opportunity to be heard before the plaint is rejected.
Dr. Mahachandra Prasad Singh v. Sita Ram Thakur: In this case, the Patna High Court held that the rejection of a plaint on the ground of non-payment of court fees should be a rare and exceptional event, and should be done only when it is clear that the plaintiff has deliberately avoided paying the requisite fees. The court also observed that the plaintiff should be given an opportunity to rectify any defects in the plaint before it is rejected.

In conclusion, the rejection of plaint in Indian law is a crucial step in ensuring that only valid and legitimate cases are brought to trial. However, this power should be exercised judiciously and with caution, keeping in mind the principles of natural justice and fairness.

it’s my opinion

28Feb, 2023

Bail Assault Incident/Sections 147, 148, 149, 307, 452, 324, 504 and 506 IPC Section 437 CRPC

ALLAHABAD HIGH COURT

Satish vs State of UP CRLMBA 53/21 12/09/22 SUBHASH JJ

Sections 147, 148, 149, 307, 452, 324, 504 and 506 IPC Section 437 CRPC Bail Assault Incident took place because of a dispute between the parties regarding a piece of agricultural land F.I.R, alleges assaults made by sharp edged weapons by the applicant as by the co-accused As the applicant is claiming title to the land which appears to be the root cause of the incident, there appears to be no reasonable probability of his absconding, in case he is released on bail Application filed with affidavit of woman of the family stating that applicant has no criminal history – Neither applicant signed the affidavit nor has he provided any false information – Applicant claims to be recorded tenure holder of the piece of land in question – Members of both parties suffered injuries – Who was aggressor yet to be ascertained – Co-accused already granted bail – Applicant already acquitted in five out of 6 cases – Applicant directed to be released on bail – Conditions imposed – Bail application allowed. [Paras 4, 18, 19 and 21]

In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case. The incident took place because of a dispute between the parties regarding a piece of agricultural land. The affidavit contains and undertaking that if the applicant is released on bail, he will not misuse the liberty and will not tamper with the evidence.

18. In Emperor v. H. L. Hutchinson AIR 1931 All 356, this Court had held that an accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.
19. Having considered the submissions made by the learned Counsel for the parties in light of the law explained in the above referred judgments and gone through the record, I find the following factors to be relevant for deciding the application for grant of bail to the applicant: –
(i) The applicant claims himself to be a recorded tenure holder of a certain piece of land and the incident took place because the informant and some other persons of his side also claim rights in respect of the same land;
(ii) The applicant had lodged a Non Cognizable Report of the incident promptly on the same day i.e. on 05.10.2020, at 23:08 hours against the informant Raja Singh, his father Dinesh Singh and his uncle Sumant Singh complaining about the incident;
(iii) The medico legal examination reports of the applicant and Gore Sachan indicate that both of them had suffered injuries in the incident;
(iv) The present case prima facie appears to be a cross case and it is yet to be ascertained as to who was the aggressor;
(v) The F.I.R., alleges assaults made by sharp edged weapons by the applicant as by the co-accused Uttam Tiwari and the assaults made by both of them are said to have resulted in simple injuries to two brothers, and the co-accused Uttam Tiwari has already been granted bail by means of an order dated 01.02.2021 and the case set up against the applicant is similar to that set up against the co-accused Uttam Tiwari;
(vi) Although the applicant has a criminal history of six cases, in five cases he has already been acquitted and the appeal filed by the applicant against the conviction in the sixth case has been admitted by this Court and the order of sentence has been suspended by this Court;

(vii) The affidavit filed in support of the bail application contains an undertaking that if the applicant is released on bail, he will not misuse the liberty and will not tamper with the evidence and nothing has been said in the counter affidavit so as to raise a reasonable doubt against this undertaking ;
(viii) As the applicant is claiming title to the land which appears to be the root cause of the incident, there appears to be no reasonable probability of his absconding, in case he is released on bail.
20. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.
21. Let the applicant Satish Sachan be released on bail in Case Crime No. 481 of 2020, under Sections 147, 148, 149, 307, 452, 324, 504, 506 IPC, Police Station Ghatampur, District Kanpur Dehat on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv) The applicant shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
22. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

for Read the judgment Click here

BAIL(A)_53_2021 (1)

27Feb, 2023

Commercial law And its Globalisation

Commercial law in India is a broad area of law that governs business transactions and activities. It encompasses a wide range of legal principles and rules related to commercial contracts, company law, banking law, securities law, and competition law, among other areas.

Commercial law in India is primarily governed by two key statutes: the Indian Contract Act, 1872, and the Sale of Goods Act, 1930. These two acts provide the foundational legal principles governing commercial contracts and the sale of goods, respectively.

In addition to these two key statutes, India has a comprehensive body of company law, governed primarily by the Companies Act, 2013, which regulates the formation, operation, and management of companies in India. This includes provisions related to the incorporation of companies, the duties and responsibilities of company directors and shareholders, and the procedures for corporate mergers and acquisitions.

India also has a robust banking and finance sector, governed by a range of laws and regulations related to banking, securities, and insurance. The Reserve Bank of India (RBI) is the primary regulator of the banking sector in India, and it issues regulations and guidelines related to banking operations, capital requirements, and prudential norms, among other areas.

Finally, India has a competition law regime, governed by the Competition Act, 2002, which is designed to prevent anti-competitive practices and promote fair competition in the Indian marketplace. The Competition Commission of India (CCI) is the primary regulator of competition law in India, and it is responsible for enforcing the provisions of the Competition Act.

Overall, commercial law in India is a complex and evolving area of law, which plays a crucial role in shaping and regulating the Indian economy.

Globalisation has had a significant impact on commercial law. Commercial law refers to the body of law that governs business and commercial transactions, including contracts, sales, and corporations. Globalization has led to an increase in cross-border transactions, which has created a need for harmonization of commercial laws across countries.

One way in which commercial law has become globalized is through the adoption of international conventions and treaties. For example, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is a widely adopted convention that governs the sale of goods between businesses from different countries. The Convention provides a uniform set of rules for the formation of contracts, the obligations of the parties, and the remedies available for breach of contract.

Another way in which commercial law has become globalized is through the influence of international organizations such as the International Chamber of Commerce (ICC) and the International Institute for the Unification of Private Law (UNIDROIT). These organizations have developed model laws and guidelines that provide guidance on various aspects of commercial law, such as international arbitration, cross-border insolvency, and commercial contracts.

Furthermore, the growth of technology and the internet has created new challenges for commercial law. E-commerce, for example, has created a need for new regulations to govern online transactions. The growth of data protection and privacy laws also affects cross-border commercial transactions.

In summary, globalization has led to the harmonization and standardization of commercial law across countries through the adoption of international conventions, the influence of international organizations, and the development of new regulations to address new challenges posed by technology and the internet.

The globalization of commercial law with case law has had a significant impact on Indian law as well. India is a rapidly developing economy, and its legal system has had to adapt to the challenges and opportunities presented by globalization and the increasing interconnectedness of the world economy.

In recent years, Indian courts have increasingly relied on case law from other jurisdictions, particularly the United States and the United Kingdom, in developing commercial law principles. This is partly due to the fact that India has a common law system, which shares many similarities with the legal systems of these countries.

Case law has played an important role in shaping Indian commercial law in several key areas. For example, Indian courts have relied on case law from the United States and other countries in developing principles related to intellectual property rights, which are increasingly important in a globalized economy. Similarly, Indian courts have looked to case law from other jurisdictions in developing principles related to international trade and investment, including the enforcement of international arbitration agreements.

However, the globalization of commercial law with case law has also presented challenges for Indian law. For example, there is a tension between the need to adopt international commercial law principles in order to facilitate cross-border trade and investment, and the need to protect local businesses and industries from unfair competition. Indian courts have had to navigate this tension carefully, balancing the need to facilitate economic growth with the need to protect local businesses and industries.

Overall, the globalization of commercial law with case law has had a significant impact on Indian law, helping to shape and develop the country’s commercial legal system in the context of an increasingly interconnected and globalized world economy.

it’s my opinion

26Feb, 2023

human trafficking in India is the Immoral Traffic (Prevention) Act, 1956 (ITPA)/Laws/National & International Laws/Complication/Blogs

Human trafficking/ laws / Famous Cases/ Complication

Human trafficking is a form of modern-day slavery where individuals are exploited for labor or commercial sex through the use of force, fraud, or coercion. Human trafficking can take many different forms, such as:

Forced labor: Individuals are forced to work without pay or under inhumane conditions, often in industries such as agriculture, construction, domestic work, or manufacturing.
Sex trafficking: Individuals are forced to engage in commercial sex acts, such as prostitution or pornography.
Child trafficking: Children are forced into labor or commercial sex acts.
Debt bondage: Individuals are forced to work in order to pay off a debt that they cannot realistically repay.
Forced marriage: Individuals are forced into a marriage against their will.
Human trafficking is a global issue that affects millions of people worldwide. It is often linked to other crimes, such as drug trafficking, arms trafficking, and money laundering. Governments, NGOs, and international organizations are working to prevent human trafficking, protect victims, and prosecute traffickers.

Laws
Human trafficking is a serious crime in India, and it is addressed by various laws and regulations at the national and state levels.

The primary law that deals with human trafficking in India is the Immoral Traffic (Prevention) Act, 1956 (ITPA). This act was enacted to prohibit the trafficking of women and girls for commercial sexual exploitation and to provide for the rehabilitation of victims. The ITPA was amended in 2018 to address issues related to trafficking of men and children, forced labor, and online exploitation.

In addition to the ITPA, other laws that address human trafficking in India include:

The Protection of Children from Sexual Offences (POCSO) Act, 2012, which provides for the protection of children from sexual abuse and exploitation, including trafficking.
The Bonded Labour System (Abolition) Act, 1976, which prohibits bonded labor and provides for the punishment of offenders.
The Juvenile Justice (Care and Protection of Children) Act, 2015, which provides for the care, protection, and rehabilitation of children who are victims of trafficking.
The Prevention of Money Laundering Act, 2002, which criminalizes the laundering of proceeds from trafficking and other crimes.
India has also signed and ratified several international conventions and protocols related to human trafficking, including the UN Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

Famous cases related to human trafficking

There have been several high-profile cases of human trafficking in India over the years. Here are a few notable ones:

Suryanelli sex scandal: In 1996, a 16-year-old girl from Suryanelli in Kerala was abducted and sexually assaulted by a bus conductor, who then sold her to various men for 40 days. The case became a scandal as several high-profile people were implicated, including politicians and businessmen.
Baby Falak: In 2012, a two-year-old girl named Falak was admitted to a hospital in Delhi with severe injuries, including a fractured skull and bite marks all over her body. It was later revealed that she had been sold multiple times and subjected to physical and sexual abuse. The case led to widespread outrage and calls for stronger laws against human trafficking.
Sonagachi case: In 2016, a sex trafficking racket was busted in Sonagachi, Kolkata’s largest red-light district. The police rescued 25 girls and arrested several people, including a woman who ran the brothel and a man who acted as a pimp.
Nirbhaya case: The infamous 2012 Delhi gang-rape case also had elements of human trafficking. The victim, a 23-year-old medical student, was lured onto a bus by a group of men, who then gang-raped and tortured her. One of the perpetrators was reportedly a trafficker who had promised the victim a job before abducting her.
Operation Muskaan: This was a nationwide rescue operation conducted by the Indian police in 2019, in which over 15,000 children were rescued from various forms of exploitation, including trafficking. The operation was conducted over a period of two months and covered all 29 states of India.

Complications:

Human trafficking is a complex issue that can have far-reaching and long-lasting effects on individuals, communities, and societies. Here are some of the complications associated with human trafficking:

Physical and emotional trauma: Trafficked individuals may experience physical and emotional trauma, including physical abuse, sexual violence, and psychological trauma. These experiences can have long-term effects on the individual’s health and well-being.
Social stigma: Trafficked individuals may face social stigma and discrimination due to the nature of their exploitation, which can lead to isolation and further trauma.
Legal challenges: Trafficked individuals may face legal challenges in accessing justice and seeking redress, as they may not have legal status or may fear retribution from their traffickers.
Economic impact: Trafficked individuals may face significant economic challenges, as they may have lost their livelihoods, be in debt bondage, or be unable to access formal employment due to their legal status or lack of education.
Interconnectedness with other crimes: Human trafficking is often interconnected with other crimes, such as money laundering, drug trafficking, and terrorism, which can make it difficult to investigate and prosecute.
Transnational nature: Human trafficking is a transnational crime that often involves multiple jurisdictions, which can make coordination and cooperation between law enforcement agencies challenging.
Lack of awareness: Many people may not be aware of the signs of human trafficking or the scale of the problem, which can hinder efforts to prevent trafficking and protect victims.

laws and regulations at the national and international levels

Human trafficking is a serious crime that is addressed by various laws and regulations at the national and international levels. Here are some of the key laws related to human trafficking:

The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the UN Convention against Transnational Organized Crime. The Protocol provides a comprehensive definition of human trafficking and sets out measures to prevent and combat the crime, protect and assist victims, and promote cooperation among states.
The US Trafficking Victims Protection Act (TVPA), which sets out measures to prevent human trafficking, protect and assist victims, and prosecute offenders. The TVPA also includes provisions on forced labor, child labor, and sex trafficking.
The European Union Directive on preventing and combating trafficking in human beings and protecting its victims, which sets out measures to prevent trafficking, protect and assist victims, and prosecute offenders.
The Immoral Traffic (Prevention) Act, 1956 (ITPA) in India, which prohibits trafficking of women and girls for commercial sexual exploitation and provides for the rehabilitation of victims. The ITPA was amended in 2018 to address issues related to trafficking of men and children, forced labor, and online exploitation.
The Palermo Protocol, which is a supplement to the UN Convention against Transnational Organized Crime, and includes provisions on human trafficking, smuggling of migrants, and the use of false documents.
The Criminal Code of Canada, which includes provisions on human trafficking, forced labor, and child prostitution.
The Modern Slavery Act 2015 in the United Kingdom, which includes provisions on forced labor, human trafficking, and slavery.
These laws, along with other national and international instruments, aim to prevent human trafficking, protect and assist victims, and prosecute offenders. They also highlight the importance of international cooperation in addressing the crime of human trafficking.

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