The youth of the country have always been active and work with a mindset of bringing a change in the world. But given that the most participation that we see from these people, is on Twitter or Facebook or other such social networking sites, makes one wonder whether it is enough?

Further, this is not the only difficulty that we have been facing as a Nation. From fake news reports to suppressing politicians to silencing threats, there is a lot going on, which is far from being controlled. And this can be observed while the news of the Kathua rape case being a faux pas is taking rounds in the media.

What is intriguing is that even when the person on the other side of the account has a lot of opinions to share on his page, he or she is well aware of what information is to be withheld in order to save her or him from receiving death threats or worse, rape threats. And it is not just the fear that stops us, but our blatant ignorance of half of the facts of the case, which could be seen after many people requested others to refrain from giving the Kathua case, a communal face, even without researching that the reason for that minor being brutally raped was her religion.

Further, what is more infuriating is that some of us have given so much importance to our religious ideologies that we have gained such levels of chauvinism so as to forget the rights and wrongs within our actions, and this is stated while referring to the lawyers and citizens who preferred to march with tirangas in their hands, in order to support the rapists, rather than helping the victim, in obtaining justice.

The truth that underlies the entire point of this article is that even when these online outrages, candle light marches and silent protests may start a much needed discussion into the deteriorating condition of our country, it is high time that we realize that we are living in a place where the Sanatan Sanstha is still blindly supporting Asaram Bapu, even after he has been rightly convicted of the rape of a minor girl.

A question that should arise in our minds is that are we still ready to support rapists and other criminals on the basis of their religion? Are we still ready to live in a nation, where our Constitution is superseded by our majority ideologies? Is it sufficient that we outrage about the various incidents that tremble even the stone cold souls, and refrain from actually taken actions, merely because we fear the Government of a country that claims to be a democratic one?

The post The Generation of Censored Outrages: Certain Questions to Ponder Upon appeared first on Legal Desire Media and Insights.

The petition alleges that the respondents fabricated documents to feign compliance of the required provisions, stated that “SAD calculatingly and intentionally withheld from EC, its real party ‘Constitution/ Rules and Regulations’ of 1974 which limits membership of the party to adult singhs and singhnis (baptized male and female Sikhs) and has several other ‘non-secular’ provisions although it continued to use it for the purpose of contesting Sikh Gurdwara elections and fielding candidates in the Party’s name to SGPC and DSGMC which are Sikh religious bodies.”

According to Section 29A (5) of the Representation of People’s Act,

“The application (for registration) under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.”

Therefore, by way of this provision, any party, which works in contravention to the aforementioned principles, can be de-registered under this Act. The petitioner, while praying under this provision, has also alleged that both the respondents have fabricated documents to claim that they had merged in the year of 1995.

The Division Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar issued notice to the concerned parties and listed the matter for September 12.

The post Plea seeking the de-registration of Shiromani Akali Dal as a political party, filed in the Delhi HC appeared first on Legal Desire Media and Insights.

While filing the reply, the counsel on behalf of the Union submitted that the appointment process was underway, he expressed two major concerns hindering the proper implementation of the provisions of The LokPal and Lokayuktas Act. According to Mr. KK Venugopal, a rule provided under the enactments calls for the appointment of a Leader of Opposition, as a member of the selection committee, however, there are no such recognized Leaders of Opposition, in the Parliament.

While the Indian National Congress is the single largest opposition party in the House, the recognized senior leaders have, time and again refused to undertake the appointment in the committee. The main reason for such refusal is the fact that an invitation as a special invitee without rights of participation, recording of opinion and voting in the procedure is only to mislead the nation and the people, rather than sincerely seeking the participation an opinion of the opposition.

Further, the Union Counsel also expressed the Union’s concern with respect to the tenure of the eminent jurist to be appointed by the selection committee, as mentioned under the Act.

The Hon’ble Court, on the submissions of such concerns, had previously given time to the Centre to fix the issues and has, in today’s hearing, scheduled the next hearing on May 15.

The post Appointment of the Lokpal Committee should be made at the earliest: SC to Centre appeared first on Legal Desire Media and Insights.

The special fast track court, while finding these cow vigilantes guilty, also imposed a fiine of Rs 2000/- each for their heinous act. The 12th accused, being a minor was left out of the decision and his sentencing would be decided in a further hearing in the juvenile Court.

The 11 men — Santosh Singh, Chottu Verma, Deepak Mishra, Vicky Saw, Sikandar Ram, Uttam Ram, Vikram Prasad, Raju Kumar, Rohit Thakur, Kapil Thakur and BJP worker Nityanand Mahto, on June 29, 2017, had been arrested on the charges of murdering Alimuddin Ansari alias Asgar Ali, a 55-year-old trader. Out of them, one has also been alleged to be a leader of the BJP.

This incident was not the first one in the country as the number of death with respect of beef trading as risen since the BJP came into power. The people wh term themselves as cow vigilantes have been reportedly murdering innocent citizens on a mere suspicion of beef trading. While the government has been silent on the matter and has only attended to this matter by giving a gender condemning statement, cow vigilantism has become a major concern with many authorities choosing to support the cause.

This decision, therefore, comes as a landmark judgment as it is a step leaning towards reinstating  the faith of the people in the criminal justice system and a way of establishing the fact that recent violent acts of the cow vigilantes are not only illegal but are also subject to stringent measures.

The post 11 accused convicted in the Jharkhand Lynching Case appeared first on Legal Desire Media and Insights.

Under the state of emergency, the police authorities have detained almost 300 people including a core Buddhist organisation. There have also been some reports of the rise in the damage to around 400 muslim inhabited houses and the death of 2 people.

The period if emergency was imposed in furtherance of targeted attacks against the muslims in the country. The death of a Sinhalese driver, who succumbed to injuries caused by four Muslim youth in a road-rage incident, is said to have triggered the incident.

Following such other violent incidents, the Sri Lankan government imposed a 10 day emergency period, thereby blocking the social media networking sites. The United Nations Organization had also condemned the breakdown in law and order and the attacks against Muslims and their property.

The post Nationwide Ban lifted by Sri Lanka appeared first on Legal Desire Media and Insights.

Studies have indicated that although there are many reasons for the increase in the rates, including the current unrest between various groups leading to absurd statements by political representatives, one of the major reasons is the lowered age of men and women, as has been provided under the enactments.

While the country has been often targeted for not being able to successfully implement the child marriage prohibition laws, there exists another difficulty, which has been observed by Advocate Ashwini Kumar Upadhyay. In the petition, filed in the Hon’ble Supreme Court, he has respectfully submitted that Population explosion was a growing menace to fundamental rights, and one of the steps to check this was to raise the minimum age for marriage.

With this petition, the long shadowed issue has been raised that whether the age old law enunciating the minimum age of a man and a women for being eligible to legally be married, has a significant role to play in determining the rate at which the population of our country is increasing.

It is a proven fact that we are just a minute difference away from being the largest populated country in the world and it is also a proven observation that this rate is not something to be proud of. With a majority of the population living in slums and being under the ‘below poverty line’, there is a desperate need for stringent and efficient measures for controlling the population of the nation, which will in turn, lead to a future where laws can be properly enforced, thereby raising the GDP and helping the the improving of the economy.

Therefore, this petition might be able to raise the various important points that need a thorough discussion. The plea has been listed before a bench, to be headed by Chief Justice Deepak Mishra.

The post Petition filed in SC for raising the minimum required age for a valid marriage appeared first on Legal Desire Media and Insights.

A recent study has stated that even though Artificial Intelligence may enter the legal profession, there cannot be any scenario where it will completely rule out the need for human professionals. Technology might increase the growth and efficiency by increasing the accuracy of the work, it cannot however, automate the legal profession in its entirety.

A study by the the McKinsey Global Institute has found that while nearly half of all tasks could be automated with current technology, only 5% of jobs could be entirely automated, estimating that 23% of a lawyer’s job can be automated. Technology will transform multiple aspects of legal work, but legal experts predict highly paid lawyers will spend their time on the top rungs of the “legal ladder,” working on tasks with higher-level cognitive demands; non-lawyers or technology will perform the more routine legal services.

It has been observed that with the advent of technology, competition is likely to become more fierce and the clients are likely to pressurize different firms to adapt to these methods and therefore it is a necessity for the lawyers to embrace the perks of Artificial Intelligence and its ability to build a different culture.

However, this dependency cannot be said to lead to a doom for the legal professionals. The advent of the AI and other technological software may prove to be a boon, rather than a bane, as they may increase the value of the human judgment. In such a case, the lawyers will be able to provide real time insights and the value of their work would grow, judging the fact that it cannot be replicated by the AI.

Even though the technological software may transform the legal profession to great lengths, it cannot possibly prove the professional judgment and expertise to be absurd.

The post What does AI entail for the Future of Law? appeared first on Legal Desire Media and Insights.

The basic objective of appointing these executives is to analyze the ways in which the citizens are perceiving the governmental policies. The Ministry has stated that they will perform the task of monitoring the local editions of newspapers, local cable channels, local audio channels and important local social media handles for important local developments.

This initiative has been specifically taken for the rural areas and smaller cities and has been reportedly taken in furtherance of the Government’s initiative to log the opinion of the people.

It had also been reported that the Centre had started this program after it did real time monitoring of the opinion of the people, around the word “budget” on different social media platforms like twitter and facebook.

The post 716 Social Media Executives to analyse local news appeared first on Legal Desire Media and Insights.

Honorable Justice Prtibha M Singh, in an insurance claim case, stated that the Right to avail insurance is a part of the Right to Health, which is enshrined under Part III of the Constitution.

The Respondent, who was suffering from Hypertrophic Obstructive Cardiomyopathy, had been denied the benefit of the insurance, on the ground that the disease being genetic, was not covered under the terms of the insurance. The Trial Court had ruled in favor of the Respondents, the United India Assurance Company decided to make an appeal.

While ruling in favor of the aggrieved, the High Court observed that “Medical care is a basic human right, universally recognized as far back as in 1948. in the modern world where health care costs are very high, availing health insurance is an integral part of medical care.Therefore, discrimination in health insurance against individuals based on their genetic disposition or genetic heritage, in the absence of appropriate genetic testing and laying down of intelligible differentia, is Unconstitutional.”

It further held that, “The Exclusionary clause of `genetic disorders’, in the insurance policy, is too broad, ambiguous and discriminatory – hence violative of Article 14 of the Constitution of India.”

The post Right to Health Insurance, implicit under Article 21 of the Constitution: Delhi HC appeared first on Legal Desire Media and Insights.

The draft has been made be consist of a wide set of offences, including loan defaults, cheating and forgery, forged or fraudulent document of electronic records, duty evasion and non-repayment of deposits among a list of others.

The said bill has been drafted in furtherance of the recent Nirav Modi Scam calculating to an approximate value of a fraud of Rs 11,400 Crores with the Punjab National Bank.

While the preamble of the bill states that the document is “a Bill to provide for measures to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts, thereby preserving the sanctity of the rule of law in  India”, it defines the term “fugitive economic offender” as “any individual against whom a warrant for arrest in relation to an economic offence has been issued and the person has left the country and refuses to return to India to face criminal prosecution.”

It has to further be noted that the the Financial Intelligence Unit (FIU), which works under the Ministry of Finance, has been delegated the task of acting as the nodal agency, thereby being responsible for filing an application in the court for declaring an individual/individuals, fugitive economic offender and seek confiscation of their assets.

The post A New Bill in the Making appeared first on Legal Desire Media and Insights.