Blog by Niti Manthan
Facilitating young minds towards holistic development.
This Article aims at highlighting the importance of Risk Assessment and Mental Health Screening during bail sentence hearing.
India is facing the worst mental health crisis in a very long time. Within the pandemic itself the situation has worsened. With suicide rates increasing and the treatment of any individual with mental illness with hostility or belittlement mental health as a legal concept is more needed now than ever. This article looks at the Mental Healthcare Act of 2017 and analyses how much farther we are yet to go.
Juvenile delinquency is a genuine offence and it is impeding the social order in the country. This article aims at reasons for juvenile delinquency, why they should be treated as adults supported with the leading landmark judgments and the provisions under various laws for the juveniles.
On June 25, 1975, the President exercised the power conferred in Article 352 of the Constitution because there prevailed a threat to internal disturbances. This day was regarded as the darkest day in the history of the Indian Constitution. This article focuses on the famous dissent of Justice Khanna on the ADM Jabalpur v. Shivkant Shukla case. This article tries to put forward the after-effects of Justice Khanna’s dissent. It also focuses on why Justice Khanna’s dissent is relevant even today.
Cryptocurrency has emerged as a mode of payment that allows online payments to be sent directly from one party to another without the need for central financial authority. The proposed bill namely, Cryptocurrency And Regulation Of Official Digital Currency Bill, 2021, intends to ban the use of cryptocurrency as a legal tender or currency with certain exceptions to promote the underlying technology of cryptocurrency and provide a framework for creating an official digital currency, this official digital currency should be issued by the Central Bank i.e. Reserve Bank of India (RBI). RBI had issued a notice earlier directing entities not to involve in transactions relating to such virtual currency and also banks had disabled crypto trading. Later, the apex court had set aside the circular by giving reasons of being not proportionate and hence violative of Article 19(1)(g) of the Constitution of India.
As per the Government, it is now planning to fast-track the proposed ban by getting this bill in force. If the proposed Crypto Bill becomes law, India will officially ban private cryptocurrencies rather than managing them like corporate stocks.
This unanticipated step by the Government led to a plethora of suggestions and comments of innumerable stakeholders at the national and international levels thus dampening prospective investment goals.
The author attempts to explore the overview of the proposed bill whose fate will decide by the government and the implications of such a bill on future investors.
Manusmriti describes the importance of protecting women from all sorts of evil in society as she is seen as inferior to men. This is quite contradictory to the fact mentioned above as women are exploited in every field including inheritance and succession of property rights in India
How often do we come across news where police refuse to register FIR citing jurisdiction issues? Not too far away, the incidence of gruesome and dastardly rape of a woman in Hyderabad burnt to death by the perpetrators shook the entire nation. But a bigger blot existed in the way two of the police stations refused to register FIR citing it to be outside their jurisdiction. Crucial time was lost. The crime was done. A pandora box could be opened on this issue. The question remains perpetual as to whether police can refuse to register an FIR. Thus, this article focuses on the concept of zero FIR.
Arbitration as a means of dispute resolution mechanism has gained importance internationally due to the increasing trend of cross-border trade. The enforcement of foreign arbitral awards in India is based on the principle of furthering India’s pro foreign investment climate. To achieve this goal, the laws relating to the enforcement of arbitral awards have regularly been amended to incorporate simplified and quick enforcement procedures. This article provides an overview into the various aspects of enforcing a foreign award in India.