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Short Notes On Concerning Legal Issues

Right to Protest vs Right to Mobility:

protest in common parlance means to object or to fight back for what you want but when the word right is attached to it as prefix then it comes under the purview of law and under law it means that if the certain rights guaranteed to the people under part 3rd {from art. 12 : 35} of the Indian Constitution are violated by the supreme authority i.e. state, through the enforcement of any statue then the people can peacefully protest against it without hindering the public peace as mentioned under Article19(1)(b) and in the same way the people are also guaranteed to move freely throughout the territory of India as mentioned under Article19(1)(d) , no matter the contradiction between the rights, if enforced accordingly then it can go hand in hand.

Death penalty ( Nirbhaya case):

Death has been mentioned as a form of punishment under sec 53 of chapter III of the Indian Penal Code,1860 and despite the abolition of it most of the countries it has been retained in India so that it can work as a deterrent for the people who are a threat to our society but the problem was that the Indian society has adopted the reformative theory of punishment and that's why the judiciary to form a middle pathway developed the theory of rarest of the rare in the Bachan Singh case and the Nirbhaya case was a perfect fit of this doctrine because here not only that women was raped rather she became a victim of a mans ego which led to her to such physical brutality that cannot be written down leaving the emotional pain, this offence shook the conscience of not only the people of India but all the people across the world who got to know about it, that's why the offenders where awarded death punishment and this also led to addition of sec 376(d) gang rape in IPC.

Pegasus Spyware Issue:

It was developed by Israeli cyber arms firm NSO to keep a track on the users device and usage of it in Indian Society raised the question that is the supreme authority is allowed to violate the privacy? Because Right to privacy was recognized as a fundamental right under Article 21 in the case of justice puttaswamy v. union of India, 2017 but yet again we cannot also ignore the fact that law is dynamic and it changes with the change in society that's why today we have Information Technology Act,200 which gives the government the right for surveillance over the users in the country and the same act also criminalises any act of unauthorized access to the computer by anybody including government thus we can say it is a universal fact that no person shall be deprived of his basic rights.

Laws about CHILD ABUSE:

Child abuse means any form of maltreatment by an adult which is violent or threatening for the child. It is both morally as well as legally wrong to abuse a child because unlike an adult a child is like a fresh clay which needs to be shaped properly and any damage while shaping can have severe repercussions in future and that's why keeping all this in mind and all considering the current heinousness among the society our legislators brought up the POCSO act, 2012 and the juvenile justice care and protection act,2015 whose main objective is the welfare of children and under this a child welfare committee has to created to deal with such cases and as per the act the police is required to report such issues to the committee within 24 hours though we can not say that due to these initiatives all such crimes are vanished but we can be rest assured that the justice is delivered.

Right to protest v public inconvenience ( Shaheen Bhag judgement):

As per Article19(1)(B) the people are guaranteed to peaceful protest at some designated places where it does not cause any disturbance to the public and the duty to check the correct implementation of it depends upon the administration, and the failure of such duty forced the petitioners to knock at the doors of the supreme court where the court criticized the failure of administrators and repeated that right to peaceful protest means to protest without disturbing the right of others to move freely as mentioned under Article19(1)(d).

Consumer Protection Act, 2019:

The enforcement of this act made the consumer the actual king pin of the market again and it is also a walking proof that law is both contagious and dynamic because here the definition of E-commerce was inserted which further led to the addition of various concepts like product liability, central consumer protection authority, unfair contracts and further changes in various definitions like consumer, goods, pecuniary jurisdiction, unfair trade practices etc. however, it was all done keeping in mind the requirements and safety of the modern consumers who are now mostly engaged in the online shopping and were easily cheated and manipulated and later had no rights to get the compensation because previously there were no such provisions to deal with these matters but now we have and it is huge present for the busy consumers who mostly prefer online mode.

Police Reforms:

Separation of power is considered as a basic feature of Indian Constitution but if we actually look into it then we would find that it is majorly more of check and balance system where all the three organs legislative, executive and judiciary encroaches in the sphere of one another at time of need and though the police is a subject matter of state list mentioned under schedule 7 and its work is to maintain law and order in the society and not exactly punish and provide justice but sometimes being human being the police officers with the flow of emotion takes the matter into their own hands which sometimes leads us to disastrous results and that's why the hon'ble supreme court in one of its landmark case of Prakash Singh, 2006 gave 7 directives where the police reform was needed but due to lack of spirit of state machinery they were never implemented properly which further led us to stand before the court in case of Paramveer Singh Saini v. Baljit Singh & ors., 2020 , here again the court provided guidelines for the police reform like to install cctv cameras etc.

Delhi Riots and Violence:

Rioting has been defined under the under sec 146 and its punishment has been mentioned under sec147 of chapter VΙ of the Indian Penal Code,1860 which deals with offences against the public tranquility. The Delhi riots and violence started from February 23rd 2020 with the objective of opposing the CAA was result of failure of state machinery because Delhi is not merely a state in the nation rather it is the capital of our country and if there is no proper maintenance of law and order in the capital of the country itself then there is no doubt that the people of other states will live in fear as if what will happen next to them and here even law cannot protect them because if the executive machinery will once fail then no matter what rulings or laws are made it will all go to vain.


Benami Property:

Benami is a common or we can say a daily used word in the Indian society which means "no or without name" now, under law also as the name suggest it means a property where a person's own name is not used instead of it another person's name or fictitious persons name is used. After the demonetization on November 8, 2016 the government of India being on the path of driving the corruption away from the country brought the Benami Transaction (Prohibition) Amendment Act,2016 under which the properties and the transactions should be traceable as well as justiciable in correspondence to the persons income otherwise that particular property would and it should be consolidated by the state.

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