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Showing posts from November, 2022
  Legal scenario around Narco analysis and polygraph tests in India The most sensational news at present is of Shradha Walker murder, Aftab Poonawalla who is prime accused in that case is now about to take the polygraph and narco analysis test to dig out the truths in the miser case. The Delhi Police took the polygraph test and narco analysis for the prime accused Aftab Poonawala to know about the entire details of murder and timeline of the murder to crack up the case Generally these tests are not considered genuine as it involves inhumane practices and reducing the quality of investigation process but if the accused is not cooperating to the investigation then police take these tests as the last option to know the facts in the case. These Nacro analysis and polygraph tests are commonly known as DDT’s Deception Detection Tests to crack up the inch to inch information Few months back in another sensational murder of case of 19 year old Dalit Woman in Uttar Pradesh who died in Delhi hos
  Media's Freedom in Democracy Indira Gandhi stated on the late hours of June 25, 1975, via All India Radio Station: " "The president has declared a state of emergency. There is nothing to be concerned about." Following that, India experienced the most draconian period since Imperial Rule, with the suspension of constitutional rights, the arrest of opposition leaders, the passage of the 42nd Amendment Act, and the most heinous deed of all, press censorship. As we all know, November 2, 2022 has been designated as the 'International Day to End Impunity for Crimes Against Journalists.' As journalism is an important element of the media, I, Aakash Singh Sajwan, would like to shed some light on "Media Freedom in Democracy." As Rudyard Kipling expressly stated- "While Thrones and Powers confess, That king over all the pride's children. Is it the press, the press, the press?" Read More Legal News And Updates. The Media's Role The Fourth
  Constitutional Morality And Judicial Justice The dimensions of judicial justice and constitutional morality are the same. Without judicial justice, constitutional morality is insufficient for the advancement of Indian society; both indirectly contribute to the expansion of social fairness. Constitutional morality gives the judge the authority to consider and apply moral principles to constitutional provisions. The constitutional morality serves as a motivator for the court to change the law to satisfy social needs. The judiciary and constitutional morality in India both exist to eliminate injustices and unconstitutional aspects from society because the Indian constitution incorporates moral and legal principles. Also Read:  Purpose and Powers of the Court to Issue Commissions A number of legislation recently passed by the judiciary contradict the idea of constitutional morality, including: In the Shreya Singhal Case, 2015, the decriminalisation of Section 377 of the Indian Penal Code
  Solemnization of Marriage with Special Reference to Live-in Relationships The Hindu Marriage Act of 1955 deems shastric rites to be required for marriage to be solemnized. Introduction There is no explicit law in India that governs "live-in partnerships," nor are there any enactments that define the rights and duties of couples cohabiting in a live-in relationship. This article analyzes the practices required for the solemnization of a legitimate Hindu marriage under Section 7 of the Hindu Marriage Act, 1955, as well as the legal status of live-in relationships in regard to the presumption of marriage under Section 114 of the Indian Evidence Act, 1872. Section 7 of the Hindu Marriage Act of 1955 - Hindu Marriage Ceremonies A Hindu marriage can be performed in accordance with either party's traditional ceremonies and procedures. Following the inclusion of saptpadi (the taking of seven steps by the bridegroom and bride together before the sacred fire) in such rites and ce
  Separation of Powers in India The separation of powers divides the government machinery into three branches: the legislative, the executive, and the judiciary. This not only prevents power concentration, but also creates a system of checks and balances. Based on the organizational system of the constitution, the separation of powers doctrine ensures that each power has different authorities and responsibilities. Furthermore, the Constitution establishes a system of checks and balances to ensure that no power exercises supremacy over others or abuses the powers bestowed upon it. If there is an invasion or power struggle between them, each branch regulates the other, preventing a concentration of power in one. Benefits: The system of separation of powers has the following advantages: It promotes liberty by preventing the consolidation of power in a single authority. It increases efficiency. Facilitates and enriches democratic debate by utilizing everyone's balance sheet forces. Jud
  Dowry Death Cases In India Dowry (dahej) is a gift given to the groom at the time of marriage in the form of either cash or things, or sometimes both. According to Indian tradition, the presents given by the bride's side before the commencement of the nuptials will enable the married couple set up and start their home smoothly. In the 12th century, the Normans established the dowry system. Previously, the dowry was given as a gift by the husband at the church gate prior to the start of the ceremony to display the public. In India, the dowry system dates back to the Vedic period, when a present in cash or in any other form was given to the bride by her family to ensure and preserve her independence after marriage, and this was known as "Sri Dhan." Also Read: Property rights of women in India During colonial times, the British made it the only legal means to marry by making dowry compulsory for marriage. The fundamental reason that the tradition of asking for a dowry is g