suvidc12Comments Off on RIGHTS OF A MINOR COPARCENER
Richa Seth School of Law, University of Petroleum and Energy Studies, Dehradun
Udit Capoor New Law College, Bharti Vidyapeeth University, Pune
The Hindu joint family system is an inseparable association of the life of the Hindus as it has been steered that there is no escape of the Hindu from the Joint Family. A Hindu Joint Family sometimes comprises of a common antecedent and all his male lineal descendants upto any generation with their unmarried daughters, their wives and their widows. Coparcener is sometimes believed to be same in meaning as the joint family. The moment a child is born he gets his birth right in the coparcenary. A minor coparcener becomes a major coparcener once he attains the age of 18 years. However, the term coparcener in the Mitakshara School of law its membership is confined to the male descendants upto four degrees, but from a common male ancestor only. It is a very unique feature of the Indian law that is does not draw a difference between the minor and the major coparceners. Hindu Law has established it that the presence of a minor coparcener is not an obstruction against partition by the adult coparceners. An agreement of partition which is entered into by the adult coparceners is binding upon the minor coparceners too provided such agreements are not unfair or prejudicial in the interest of the minor coparceners. Where the partition agreement is not in favour of the minor coparceners and is prejudicial, they can set aside such an agreement when they attain majority by claiming the re-opening of the partition. A minor coparcener has the same rights as that of his father but with some reasonable restrictions upon the powers to alienate and partition of property. The research methodology adopted in this project is both descriptive and analytical because the provisions regarding this are well settled.
suvidc12Comments Off on LAW OF PRIVILEGES AS AN ANTITHESIS TO GLOBAL DEMOCRATIC POLICIES: A COMPARATIVE STUDY
Megha Pillai & Pooja Rao Putrevu
Symbiosis Law School, Hyderabad
The Law of Privileges has had a long journey in developing from the Crown Privilege in the era of British dominance to the subsequent concept of Public Interest Immunity, the same change reflecting in different nations in different forms; the United Stated of America calls it the ‘executive privilege’ where as the Indian Government has named it ‘Governmental Privilege’. Further changes in nomenclature can be observed in other Commonwealth countries such as Canada and Australia. Though the jargon varies through the various countries, the concept remains very similar; varying slightly with the variance in forms of government. The most common privilege among these countries is that of withholding the disclosure of documents. It can be believed to an extent that the growing complexity of a modern state increases the secrecy in the Government, this in turn leads to administrative discrepancies. A democratic administration requires a delicate balance of secrecy. Through this research project, the transition of privilege from absolute discretion of the executive to a limited discretion that is subject to the confines of judicial review shall be examined. The impact of these privileges on the accountability and transparency of the Government shall be scrutinised.
suvidc12Comments Off on CRIMINALIZATION OF MARITAL RAPE
Jindal Global Law School, Haryana
Rape is such an offence where the women loses agency over her body. It violates her bodily integrity and dignity. The law gives strict punishment to the perpetrator of the crime. However, when it comes to rape within marriage, the law instead of protecting the victim, focuses on protecting the criminal. A large number of women has to face the consequences of non-criminalization of this offence. This paper provides a comprehensive view on the present status of marital rape. It begins by examining the origin of marital rape exemption and then it moves on to explain the justifications that exist in today world. A detailed reasoning has been provided as to why none of these justifications are valid. It then talks about the reality of marital rape and how it traumatises the wife. The law aims at protecting the sacred institution of marriage by not interfering, but how can a marriage remain sacred when she has to encounter sexual violence. After providing a general overview, this paper then focuses on marital rape in the Indian context. Firstly, how the legislature is reluctant about making changes regarding marital rape exemption. Secondly, about how the marital rape exemption is unconstitutional and should be removed. Throughout the paper, an attempt is made to prove that there is no justification for the marital exemption in current times. There is a real and urgent need of criminalizing marital rape with strict punishments.
suvidc12Comments Off on NATIONAL INVESTIGATION AGENCY
Symbiosis Law School, Pune
In the modern warfare, where any country has strong military base and well-equipped police force to combat terrorism and militant activities, but the presence of intelligence agencies is felt outright as they play significant role which cannot be performed by army or police. Ever since human existence, gathering information by means of espionage has been a key element to the survival of nations. India has already many intelligence agencies like Intelligence Bureau, which is the oldest among all the agencies, Narcotics Control Bureau, Director of Revenue Intelligence etc., on the national level and Research and Analysis Wing on international level. A major change in the functioning of intelligence agencies have been made due to the advancement of technology and modern methods used by anti-social activists. Intelligence officers are often termed as the unseen heroes because they take up those cases which cannot be taken up by any other wings of the government and mostly discharge their duties undercover. But 26/11 Mumbai Attacks proved to be the major intelligence failure of India. This attack established that India needs better intelligence to safeguard the country from terrorist massacre which led to the creation of National Investigation Agency.