Constitution of India

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Bad Faith: How Is Malafide Proved?

The meaning of the term malafide is bad faith, deceptive intention or dishonest motive. It is the fraudulent deception of another person, or the intentional refusal to perform a particular act or contractual obligation. The intentional or malicious violation of rights of a person is an exhibition of bad faith.

Constitutional Law: Right to Information Act, 2005

The Freedom of Information Act, 2002, was repealed by the Right to Information Act, 2005, when the Right to Information Bill, 2005 was passed on May 12, 2005.

The Act was formulated to replace the weak and ineffective Freedom of Information Act, 2002. The Right to Information Act offers right to information for every Indian citizen and entitles him to obtain information and data held by public authorities. It obliges every public authority to provide information and maintain systematic records.

 

Laws on Surrogacy: German Twins Finally Granted Visa

India has emerged as a popular destination for couples seeking surrogacy options. What is it about India that makes it so attractive for having surrogate babies? Experts believe that the two major reasons are reduced cost of surrogacy in India as compared to other developed countries; In India, the entire process of surrogacy costs somewhere between Rs.10 lakh to Rs.25 lakh, compared to the U.S. where it could cost up to $ 120, 000. The second reason is the lack of proper laws on surrogacy, making it easy for couples to have surrogate babies in India.

Why Should Corporal Punishment in School be Abolished?

Corporal punishment in school is the use of torture, inhuman treatment or punishment causing pain or injury to penalize for an offence such as misbehavior. Such punishments are often used by teachers in Indian schools to enforce discipline among children.

Indian Law: Filing for Divorce in India

The process of getting a divorce in India may not be as easy as it is in the western countries. It may take years to terminate a marriage contract. This makes it important for the petitioner to go through the proceedings carefully, which include the application procedures and documents to be submitted.

Coastal Regulations in India

The purpose of coastal regulations in India is to preserve the coastal environment by regulating the use of land near the Indian coastline. Developmental activities along the Indian coast are governed by the provisions of the Coastal Regulation Zone (CRZ) Coastal areas in IndiaNotification 1991, under the Environment Protection Act 1986. This notification provides guidelines for protection and use of the land within 500 meters of the coast and 100 meters along the tidal influenced water bodies. The notification classifies India’s coastal stretch into CRZ-I (ecologically sensitive areas), CRZ-II (built up municipal areas), CRZ-III (rural areas) and CRZ –IV (the islands of Lakshadweep and Andaman & Nicobar); and has been amended 19 times.

The Ministry of Environment and Forests (MoEF) now proposes to replace the existing notification with a Coastal Management Zone (CMZ) Notification based on the recommendations of the Swaminathan Committee Report. Concerns have, however, been raised about this move on account of its impact on:  coastal communities and ecosystems, conservation and sustainable development. 

Human Rights Law: India's First Anti-Torture Laws

The report “Torture in India 2010,” prepared by the Asian Centre for Human Rights, suggest that the country has witnessed a rise in the number of custodial deaths, by as much as 41.66%, during the UPA rule.  This raises greater need to implement human rights law properly in the country. The current figures are a reflection of the blatant violation of human rights law by the Indian police and security forces during 2004-05 and 2007-08.

Indian Laws on HIV Risk at Mining Sites

One of the deadliest killers in the world, the human immunodeficiency virus or HIV is thriving across various mining sites of India. India’s National Mineral Policy 2008 has encouraged massive foreign investment in the mining segment besides introduction of latest technologies. However, the growing number of HIV cases has raised concern amongst the health and the government officials in India. Illegal mining or continued mining even after the expiry of leases has led to a sharp surge in the number of HIV infected people. However, the country’s mining segment claims to be operating in accordance with the Indian laws and implementing various measures outlined by the International Labor Organization (ILO) to prevent the spread of HIV/AIDS virus.

Environmental Law: The National Green Tribunal Bill

As of May 03, 2010, the Lok Sabha had passed the long-pending National Green Tribunal Bill, which according to the environment minister Jairam Ramesh, will hopefully be enforced by the end of the year. The bill provides for the establishment of specialized courts for trying cases related to the forest and environmental law.

Animal Welfare India: Proposed Mandatory License to Own Pet

With a change in lifestyle, increase in income and urbanization, more and more Indian households are adopting pets. The status of pets has changed from that of a guard to a member of the family. Pet owners are now taking care to provide good food, love and luxuries to their pets. A part of the credit also goes to animal welfare India. According to a survey, there are over 3.6 million pet dogs in six major cities of India.