Constitution of India

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Child Custody Battle Between Parents

Legal battles are fought between parents for child custody, which is indeed the most unfortunate aftermath following a marital breakup. Parents, after undergoing a matrimonial war, tend to fight over their child’s custody without understanding its psychological impact on their child. They should at least care about the emotional and physical stress that the child undergoes due to their break up but no, this doesn’t usually happen. The situation is worsened by the delay with which Indian law and the legal system functions in delivering a quick ruling on child custody.

Constitution of India: Is Pre-Censorship Legally Valid?

The Constitution of India grants citizens with the right of freedom of expression. However, censorship implies some form of restriction on speech, action or communication because it is considered harmful and objectionable by the authorized agency of the government. This has come under criticism from liberal thinkers, actors, authors, artists and others from across the world. Acclaimed Indian directors have constantly objected to any form of censorship in movies, books and artistic works.

In May 2010, the acclaimed political film Raajneeti faced censorship related difficulty as the censor board remained unsure of whether to give the movie a U or U/A certificate. There was also an allegation that the title of the movie had been lifted though Jha was quick to assert that he had registered the title five years back.  For most artists and movie makers, censorship is an arbitrary, policing tool used by the government to crush their bold endeavors to entertain the public. Let's have a look at the cases relating to pre-censorship.

Environment Law and Groundwater Pollution in India

Environment laws are doing little to implement actual changes in the way a society conducts its activities. Rising pollution and increasing levels of deforestation continue to play havoc with our environment.  Be it air or water, pollution is prevalent everywhere. It puts us in danger, each and every one in this country is affected by it. In recent years, water pollution has become a serious problem across the country, mostly  due to the presence of untreated effluents, chemicals and pesticides in it.

Constitution of India: Finance Commission of India

Article 280, of the Constitution of India provides for establishment of a Finance Commission. The President of India selects the commissioner and the four other members, who comprise the Finance Commission. Typically, a law commission in India is assigned specific tasks and responsibilities. In the Finance Commission, the members are assigned to them by the President and the members are directly answerable to him.

India Legal News: Central Government All Set To Amend The Juvenile Justice Law

Children related laws and issues are multiplying day by day. Every time you watch a news channel or read a newspaper that covers India legal news, there will be a feature on children or issues relating to them. True, every child needs care, nurturing, affection and education. These basic needs of a child must be protected, even when a minor violates a law. The conventional norms in India are such that it will not be possible for a child who is a suspect in any case will be able to bounce back to normal life after going through legal procedure in court. Be it in a family, school or in social life, the child will be looked down upon like a criminal even if laws protect the child.

Indian Law for Juvenile Justice

Many crimes are committed by children in India, so are crimes being done against them. Children related laws and issues continue to pose serious concern in different parts of the country. In the years 2003 - 2004, India witnessed a rise of 7.9 percent in offences committed by minors. These offences include arson, theft and cheating by minors who are in the age group of 16 to 18 years. Indian law addresses the issue through the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The Act was enforced in April 2001 and replaced the Juvenile Justice Act, 1986. The Act has laid down a uniform juvenile justice system throughout India.

Indian Law for Protecting Women

Can you imagine a world where there is no injustice carried out against women? Hard to imagine, isn’t it? In developing countries like India, a woman is not always treated as an equal at home or at the workplace. A woman in India continues to battle issues such as social prejudices, gender discrimination, domestic violence, and harassment in different forms, all of which violate her basic rights. Indian laws aim to protect women and their interests.

Indian Laws on Liability of Grandfather to Provide Maintenance

Did you know that, under Indian laws, a grandfather is under the obligation to provide maintenance for his grandchildren if they are not capable of taking care of themselves? This applies in Hindu law even when

Hindu Law: Legal Rights of an Illegitimate Son

Since time immemorial, there is social stigma surrounding a child who is not born to legally wedded/married parents. This is no different under Hindu law. A child is considered illegitimate when he/she is born to parents who were not legally married to each other at the time of the child’s birth. In a landmark case, Mongal Chandra v. Dhirendra, AIR 1976 Cal. 129, the court recognized an illegitimate son as the son of a permanent and exclusive mistress of a particular person.

India Legal News: Ex-CEO of Penguin Faces Sexual Harassment Suit

Sexual harassment is a serious offense that is fraught with risk such as losing your reputation and your job, particularly in a culturally sensitive society like India. It’s no wonder that male bosses are afraid to compliment their female colleagues or employees, without worrying about what it can be perceived as. India legal news reports an interesting twist in this context. David Davidar, the former CEO of the international publishing house, Penguin International and author of popular novels, such as The House of Blue Mangoes and The Solitude of Emperors, was sacked by the company on charges of sexual harassment.  Kerala-born, Chennai and Harvard-educated, 52 year old David was appointed as the CEO of the company in January 2010. David said that on a request by the company, he had earlier stated that his exit from the publishing house was ‘voluntary.’