Law Publicus LLP

21/10/2021

Pegasus Leak: A Threat To Democracy?

Authors: Samanvi Narang & Sunidhi Setia

Designation: Academic Tutors and TRIP Fellows, OP Jindal Global Law School

Pegasus leak broke the biggest story after the Covid-19 outbreak, scarring the history of democracy. The software that could snoop into a mobile phone by exploiting bugs in smartphones without consent has been allegedly purchased and used by the Indian Government. It not only tracks the owner through GPS without his consent and knowledge, but also turns the infected smartphone into a device, recording/filming any conversations with the help of a microphone and the camera.



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Authors: Samanvi Narang & Sunidhi Setia Designation: Academic Tutors and TRIP Fellows, OP Jindal Global Law School Email: [email protected] [email protected] “The greatest threat to democracy lies within democracy.” - Nimushakavi Vasanthi Pegasus leak broke the biggest story after the Covid-19 ...

16/10/2021

THE IDEA OF CORRECTNESS IN LAW: Analytical study of Sabarimala Case
Author: Aaditya Sinha

"In this blog, the idea is to talk about a case that was decided by a High court and then a Supreme Court. Over four decades, this case has seen many debates, two major decisions by two of the highest court in our country. However, in the end despite having a judgment there is no solution for this case."




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16/10/2021

Liability for Animals

Author: Prachi Deo
Designation: Student

"the statute exempts animal owners who injure others while wandering on a public road. Even if this last immunity is overlooked for a moment, the overall picture that emerges from even this quick sketch is one in which the animal owner is responsible for his inept management and, in many cases, the animals' deaths."





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16/10/2021

LGBTQ Rights In India

Author: Deeksha S
Designation: Student, St. Joseph’s College of Law

"The prevalence of suicidal tendencies among transgender persons is mainly influenced by the lack of social support and the prevalent societal stigma. Due to the discrimination they face, they are restricted from obtaining an education, housing, and earning a livelihood because of which they resort to begging and they eventually live in slums.
Every human deserves to be treated with dignity and respect irrespective of their gender identity or sexual orientation. Homosexual and transgender Individuals are as normal as their heterosexual counterparts."





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10/10/2021

Ambedkar’s Idea of Future: The Ill used reservation tool
Author: Priyamvada Nema

"The Idea of Reservation carries with itself many scars of the past, so now a change In dimension has started. Intellectuals and scholars now term it as Positive affirmation and other such terms which try to reiterate Ambedkar’s reservation. This could hence be just a first step to remove reservation but it’s a big leap for India’s Future.
The transition of which could be first, the demand of reservation initially changing to need for reservation and then, a time where reservation is eradicated and merit serves it all is what the future awaits."





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Author: Priyamvada Nema Designation: Student Email: [email protected] We observe that India was a land of collective feeling. Especially after the 1st war of Independence the “we” feeling In India was observed across the Indian community. This made the visions for a black future a near f...

10/10/2021

Role of Media in Bridging the Gap Between the Judiciary and the Public
Author: Rini Kothari

"Media promotes vigilance and educates the masses. Undue restrictions and unfair interference impede the free flow of information and defeat the purpose of the press and the right to freedom of speech and expression."



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Author: Rini Kothari Designation: Lawyer Email: [email protected] “…debate on public issues should be uninhibited, robust and wide-open… it may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials”. The significance of a well-infor...

09/09/2021

Fair use and Fair dealing in Copyright Law: Effective or ineffective?

Author: Parul
Designation: Student, BA. LL.B 4th year, Banasthali Vidyapith University

"The purpose of Copyright is to grant due recognition to the creator for the work which he has done for the society. This article is an attempt by the author to review the current Status quo of the doctrine in India and it is also an attempt to review the judgments and issues which the court is facing regarding section 52 of the Indian Copyright Act, 1957."



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Article gives a gist about the fair use and fair dealing in the Copyright Law, covers the exceptions U/S 52 of the Act. Author: Parul

09/09/2021

Domestic Violence: Pandemic behind the walls

Author: Anishka Jain
Designation: Student, BBA. LL.B 5th year, Centre for Legal Studies, GIBS, GGSIPU

"The rate of domestic abuse suddenly ramped up not only in India but all over the world. During this corona pandemic, a silent pandemic showed its face that will surely not end like the months-long lockdown one day.
In lockdown, to help tackle this situation, the National Commission of Women has launched WhatsApp helpline numbers with the appointment of protection officers by the Delhi government and Delhi High Court. In severe cases, The Crisis Intervention Centre (CIC), with the help of counsellors, accompany the aggrieved person and help her have access the recourse to public authorities."




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26/08/2021

The debut of Pre-Packaged Insolvency for MSMEs amid COVID-19 Pandemic
Author: Archita Tiwari & Kriti Agarwal
Designation: Students, National Law Institute University, Bhopal

"The Insolvency and Bankruptcy Code (“IBC”)', has been amended in April 2021 after the recommendations of the Insolvency Law Committee to incorporate a Pre-packaged Insolvency Resolution Process (“PIRP”) for corporate persons classified as Micro, Small and Medium Enterprises ("MSMEs"). It was promulgated two weeks after the uplift of the ban on the initiation of the Corporate Insolvency Resolution Process “CIRP” amid the COVID-19 pandemic keeping in mind the heightened possibility of initiation of CIRP for bad loans, especially for MSMEs."





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Author: Archita Tiwari & Kriti Agarwal Designation: Students, National Law Institute University, Bhopal Contact: 81********, 78******** Email Id: [email protected], [email protected] INTRODUCTION The Insolvency and Bankruptcy Code (“IBC”)', has been amended in April 2021 after...

20/08/2021

Article Published: Vol I Issue 9 for LawPublicus (LegalPortal)

TITLE: Love Jihad Law - A Threat to Secularism
Authored by: Ms. Zara Shaikh
Co-Authored by: Ms. Navya Susan Thomas

"Love jihad is said to be an Islamic conspiracy theory. It alleges Muslim men’s saying that they convert women from the non-Muslim communities to Islamic communities. But recently, this has become a turmoil after the new anti-conversion law passed by the state of Uttar Pradesh and later several other states like Madhya Pradesh, Assam, Karnataka, and Haryana which are planning to bring laws against ‘love jihad’. A country like India in the 21st century is still dealing with religion as though it was meant to develop one’s relationship with the state. The people across the country made this a huge issue that they even ended up boycotting several advertisements and wanted to boycott some entertainment platforms.... "



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14/08/2021

Article Published: Vol I Issue 9 for LawPublicus(LegalPortal)

TITLE: ANALYSIS OF THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2021 AND ITS IMPACT ON INDIA’S PRO ARBITRATION OUTLOOK
Authored by: Mr. Ayush Tyagi and Ms. Astha Gupta (Law Student)

"Arbitration in India has recently undergone a profound change with the adoption of arbitration and conciliation amendment act 2021this amendment partially touches the very foundation of arbitration, an institution that has a vital role to play in international commerce indeed arbitration is progressively taking over the role that national courts previously play in this regard. The Arbitration and Conciliation (Amendment) Act, 2021 was enacted to address the issue of fraud and corrupt practices in securing contracts or arbitral awards by empowering the courts to grant an unconditional stay in such cases.... "



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11/08/2021

A Dicey Doctrine of Rule of Law

Author: Latika Durgani
Designation: Law Student

"In toto, rule of law is a law that is reasonable, non-discriminatory, and envisages controlled power. It is comprised of constitutional values, for instance, constitutionalism, equality before the law, independent judiciary, liberty of the citizens, etc.
But there are certain things which are written on the paper and less found in practicality. In the Indian scenario, when it comes to procedural effectiveness it fairly does good."





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Doctrine of Rule of Law is one of the basic features of the Indian Constitution. It is reasonable, non-discriminatory. Author: Latika

11/08/2021

Homosexuality Rights with Islamic Laws

Author: Isha Bharti
Designation: First yr BA LLB (HONS.) Student, ILS Law College, Pune

"There is an abnormal view of LGBT people in countries such as Iran, Pakistan, and Malaysia. Police arrests are common, and attempts by the media to promote equal rights are automatically censored. The psychological guilt from amending their penal codes or other unconstitutional statutes periodically is a consequence of the state's unconstitutional acts."





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11/08/2021

Article Published: Vol I Issue 9 for LawPublicus(LegalPortal)

TITLE: ADR Mechanism In India
Authored by: Ms. Vanshikha Mahana (Law Student)

"The concept of Conflict Management through Alternative Dispute Resolution (ADR) has introduced a new mechanism of dispute resolution that is non adversarial. A dispute is basically ‘lis inter partes’ and the justice dispensation system in India has found an alternative to Adversarial litigation in the form of ADR Mechanism.
New methods of dispute resolution such as ADR facilitate parties to deal with the underlying issues in dispute in a more cost-effective manner and with increased efficacy... "

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10/08/2021

Why is Justice not considered Essential in India

Author: Tushar Jha
Designation: First yr law Student, Calcutta University

"One essential question from the government that, why is justice considered non-essential if 44 million cases are pending and livelihood of millions of people depend on it. The time has come when the policymakers and those with power must observe the situation from the grassroots level as any modifications from the bases of the Indian legal system would be a revolution in the whole Indian judicial system and will be remembered as an achievement."





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But in this article we are going to discuss denial of justice from a different perspective Author: Tushar Jha

10/08/2021

EUTHANASIA: ARGUMENTS v. REASONS

Author: Waniya Javed
Designation: B.A. LL.B. Student, Aligarh Muslim University, Aligarh U.P.

"Euthanasia or the modern term for 'Mercy Killing' has emerged as one of the hotly debated topics due to its coverage of Right to Death. The term Euthanasia refers to deliberately ceasing someone's life in order to escape him from wrathful pain and exhaustion. Nowadays, it takes the shape of Panacea which cures ailing people and helps them to escape from unbearable pain and misery by ending their life either voluntarily or involuntarily."



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The modern term for 'Mercy Killing' has emerged as one of the debated topic due to its coverage of Right to Death. Author: Waniya Javed

10/08/2021

70 yrs of Indian Constitution: Revising the concept of citizenship in wake of the Amendment Act

Author: Miss Arya Abhijit Asolkar
Designation: 2nd yr law student, Maharashtra National Law University

"The newly amended act has brought instrumental and stringent changes pertaining to citizenship in India. The Citizenship Amendment Act, 2019 has undoubtedly given rise to controversies, concerns and has impacted the entire country. Hence, it is of utmost significance and relevance that a thorough understanding of the evolution of the Act takes place in order to understand the concept of citizenship and its journey within India’s Constitution."





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The newly amended act has brought instrumental and stringent changes pertaining to citizenship in India. Author: Arya Abhijit Asolkar

03/08/2021

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