Shots

[sizzlingpeaceangel]

PRIVATE DEFENCE

What do you mean by Private Defence? Private Defence is a defence used by a person to save him or any other person whom he fears of such imminent threat. Does defence only means defending oneself or one can attack as well? As per the Indian Law, i.e. Indian Penal Code (IPC) Section 94-106 specifies Right to Private Defence. It states that adequate amount of force as equivalent to imminent threat is deemed to be valid or legal under law. Thus, the force used by one cannot surpass the threat so estimated. For example, if one takes out a knife to scare you and then runs away as soon as you take out your gun, now the moment he starts running away from you, you cannot shoot him, because the apprehension of harm has been vanished, thus if now, the person with a gun shoots the running person, he cannot take the defence of Private Defence.

https://shouts.site/private-defence/

[sizzlingpeaceangel]

Protection of Children from Sexual Offences

POCSO (Protection of Children from Sexual Offences) Act, 2012, has been an active policy since its inception. POCSO is an elaborated form of Rights provided to children for their protection from sexual abuse. POCSO Act after amendment in 2019 constitutes 9 chapters dealing in different aspects of sexual abuse.

Child sexual abuse means abusing a child in an unwanted/unaccepted manner by touching vagina, penis, breast or any other part with sexual intent. There has been amendment in 2019, after which 4 more definitions for

child abuse(sexual harassment, aggravated sexual assault, penetrative sexual assault and aggravated penetrative sexual assault) have been added.

Section 3 of POCSO defines sexual abuse with respect to penetration, wherein the conditions defined are same as defined for ‘Rape’, in Section 375 of IPC. The only difference in definition of

Rape and Child Sexual

Abuse is that mere sexual intercourse of adults cannot cause Rape, as the law provides adult a choice to be involved in sexual relationship. If the sexual intercourse of adults is with their due consent, it cannot qualify for Rape, whereas law does not provide any such exception of consent in child sexual abuse, because law does not consider children (anyone below age 18) mature enough to decide what is right and what is wrong. For every wrong committed, there exists a law specifying punishment.  

https://shouts.site/pocso/

[sizzlingpeaceangel]

DEFAMATION

Defamation is a common legal term which has wide definitions. It is the elaboration of Protection of one’s Right to Reputation.

Section 499 of IPC defines Defamation as Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

https://shouts.site/defamation/

[sizzlingpeaceangel]

TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

The TRIPS agreement’s objective is Protection of Intellectual Property which can contribute to technical innovation and transfer of technology, so that both producers and users can benefit.

Intellectual Property Rights (IPR)

has its own story of evolution, Intellectual Property is not a new term, it has been in existence from about 1850’s. The reason of its growth and evolution is because of its International applicability. Intellectual Property Rights focus on providing ‘Inventor’ his exclusive rights for his distinguished invention. This matter was first referred at Paris Convention, 1883 which brought forward the idea of patent law in countries to protect their work, and have an unique identity for their respective creation. Signatories agreed to provide minimum level of protection and provide national treatment for foreign works. It was completed by an Interpretative protocol in Madrid, 1981. It was further amended 7 times until 1979, but lacked enforcement capacity, in case if there were violations from any member. Dispute Settling Provision was also lacking. The World Intellectual Property Organization (WIPO) then stepped forward and attempted to address these concerns by drafting a treaty on Dispute Settlement to govern all treaties. But, the members failed to adopt it, which again left the world without any common standards, until Uruguay Round General agreement on Tariffs and Trade (GATT) and International Trade Issue on Intellectual Property were considered different

https://shouts.site/case-study-of-trips-rights/

[sizzlingpeaceangel]

WOMEN EMPOWERMENT

Women empowerment means empowering a woman in certain ways. Women have been through various ups and downs in their history. Indian women have actively taken part in the reformation of society with an affirmative approach to show that women are not weak and helpless; instead they are the subordinate souls who are warriors, battling for dignity, harmony and respect. Woman is the medium of human entry in this world, and the one who disrespects women is enemy of law. The honour and dignity of a lady is must and should be kept up and ensured.

https://shouts.site/history-and-status-of-womens-empowerment/

[sizzlingpeaceangel]

Void Marriage

Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

https://shouts.site/case-law-of-void-relationship/

[sizzlingpeaceangel]

Online Marketing

Online Markets have emerged to be the best possible option for human beings, especially during the pandemic period. Online markets have provided the best possible options available to the customers. Fashion designing has been one of the utmost important segments all along.  Fashion designing has provided a plethora of opportunities to the mediocre designers who else would have been victim of less job opportunities. But at the end of the day, it is all part of the marketing process. But when we talk about the evolvement of the market and marketing strategy, it is not just the shift from market database to online marketing or viability of products. It is the idea of entrepreneurs who have tried to understand the problems faced by consumer, and then thought of this online marketing strategy. Making any item available at home at reasonable price is nothing but a kind of marketing procedure.

https://shouts.site/online-marketing-experiment-and-environment-consumer-buying-behavior

[sizzlingpeaceangel]

ON HUMAN TRAFFICKING

Human Trafficking means trafficking of persons within a state or across borders without their consent. Earlier, this term was given the name Slavery, but certainly in today’s world, we have been quite successful in the abolition of slavery. However, human trafficking is a broader term. Human trafficking is basically done for sexual exploitation, forced labour, etc.

https://shouts.site/situation-of-human-trafficking-in-india/

[sizzlingpeaceangel]

INSTALLATION OF WEBCAM

Web camera is an equipment which is used to record or broadcast live video. This is a great technology model in modern world, and carries out various advantages. Web Camera/CCTV (Closed Circuit Television) are a great source for security and protection perspective. Installation of such camera is more an essential/necessity in modern world rather than being a new innovative invention incurred by some. Well, the use and installations of cameras in places like banks, offices, important public places has also been a problem. The instances of couple making love, couple kissing in Delhi Metro been captured in cameras and later surfacing on internet poses a serious threat to one’s fundamental right to privacy.

https://shouts.site/web-camera-for-security-and-protection/

[sizzlingpeaceangel]

FUNDAMENTAL RIGHTS IN INDIA

In India, the fundamental rights are provided for in Part III of the Constitution i.e., in Articles 12-35. There are six fundamental rights of Indian Constitution; namely

1.      Right to Equality (Article 14-18)

2.      Right to Freedom (Article 19-22)

3.      Right against Exploitation (Article 23-24)

4.      Right to Freedom of Religion (Article 25-28)

5.      Cultural and Educational Rights (Article 29-30)

6.      Right to Constitutional Remedies (Article 32)

 Earlier, there used to be another fundamental right, namely right to property. But, this right does not exist anymore. Why is Right to Property not a Fundamental Right anymore?

This right was removed from the list of fundamental rights by the 44th Constitutional Amendment. The reason behind it was the hindrance being created towards attainment of the goal of socialism and redistribution of wealth (property) equally among the people.

Note: The right to property has now become a legal right instead of being a fundamental right.

https://shouts.site/introduction-features-of-fundamental-rights/

[sizzlingpeaceangel]

Citizenship Ammendment Act

CAA mainly focuses on “providing citizenship to the illegal immigrants residing in India belonging to those religion which are being persecuted in Pakistan, Afghanistan and Bangladesh. The religions included in this act are Jains, Sikhs, Parsi, Christian, Buddhist and Hindus.”

https://shouts.site/facts-of-caa-article-14-15-nrc-conspiracy/

[sizzlingpeaceangel]

REGULATION OF AIR POLLUTION

Air Pollution is one of the most familiar terms in today’s world. As we here the word pollution, the first thing which comes in our mind is dirt, unusual vibes, etc. Pollution are majorly of 2 types, i.e,

1.      Air Pollution

2.      Water Pollution

In this project, I am going to discuss the topic Air Pollution. Under the Clean Air Act (CAA), Environment Protection Agency (EPA) sets limits on certain air pollutants, including setting limits on how much can be in the air anywhere in the United States. The Clean Air Act also gives EPA the authority to limit emissions of air pollutants coming from sources like chemical plants, utilities, and steel mills. Individual states or tribes may have stronger air pollution laws, but they may not have weaker pollution limits than those set by EPA. Similarly India also has pollution governing body namely National Green Tribunal (NGT) headed by Sir Justice Adarsh Kumar Goel, this body focuses on regulating pollution.

https://shouts.site/air-pollution-major-issues-for-air-pollution-industries-contribution-in-air-pollution/

[sizzlingpeaceangel]

CHILD RIGHT AND CHILD LABOUR

Child labour is one of the prevalent term children are struggling from. It means sacrificing childhood of a child by exploiting him to perform hazardous works to earn money. According to last census, children workforce was 10.1 million(3.9% of total child population) Out of which 5.6 million were boys and 4.5 million were girls. However, there has been decrease in child labour of about 2.6 million from 2001-2011. Though, there has been improvement, but the fact cannot be denied that 10.1 million is a large number, more than population of some countries. Therefore, there stands a strict need to act upon child labour at earliest.

[sizzlingpeaceangel]

A VIEW AT ANIMAL TESTING

Animal Testing is a procedure wherein living animals are tested upon various products in order to certify it secure for the human society. It is really disheartening to hear, but it is the harsh reality. Imagine if one of the human is being lively tested which such hazardous items.

One of the major concerns is that people don’t care about the lives of animals as they are unable to experience the harsh reality or they don’t know what animal testing is. They are not same as taking your companion to vet. Another aspect of animal testing is that they are forced to undergo such tests as their consent barely matters, but if it is a human, he has all the valid points to bother someone by his consent, but the animals are helpless. While exploring the topic I came to know that some of the animals are brutally beaten and even killed at the end of experiment.

[sizzlingpeaceangel]

Criminal Conspiracy is one of the offences which come under the routine category, so what as a general public we can do. The first very general and basic rule is to be educated for these offences (Not just this act but other general offences as well) and its consequences. Once, people become educated, they would automatically become vigilant against such acts. It is not the law which needs to be more rigid and strong it is the unawareness of people which makes this rigid laws look loose. At the end of the day, it is the awareness of people which matters.

[sizzlingpeaceangel]

Criminal Conspiracy

The term Criminal Conspiracy has been a hot topic since the term has been coined under Sushant Singh Rajput Case[1] pan India during this pandemic. In this article we will unfold the theory of Criminal Conspiracy as applicable in Indian Law.