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Recent Landmark Judgments on the SC/ST (Prevention of Atrocities) Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, commonly known as the SC/ST POA Act, is a crucial piece of legislation aimed at preventing discrimination, violence, and atrocities against the Scheduled Castes (SC) and Scheduled Tribes (ST) in India. Recognizing the centuries of exploitation and abuse faced by these communities, the Act seeks to protect their dignity,

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Case Law on Mental Capacity Under Indian Law: A Detailed Examination

The concept of mental capacity plays a crucial role in Indian law, especially when it comes to determining an individual’s capacity to enter into contracts, bear criminal responsibility, or make decisions related to their personal well-being. Mental capacity is an assessed ability to understand the nature and implications of one’s acts. Some legal rights and obligations under Western law require

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Recent Judgments from the Supreme Court and High Courts Regarding Marriage Laws Post-Shayara Bano Case

The 2017 landmark Supreme Court decision in Shayara Bano v. Union of India reshaped the discourse around personal laws and women’s rights in India. By declaring the practice of instant triple talaq (talaq-e-bidat) unconstitutional, the judgment not only addressed a specific issue but also ignited broader debates on gender equality, the role of religion in personal laws, and the possibility of

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Understanding the Full Form and Essence of the JJ Act: Juvenile Justice (Care and Protection of Children) Act, 2000

The Juvenile Justice (Care and Protection of Children) Act, commonly referred to as the JJ Act, 2000[1], is a crucial law in India aimed at safeguarding the rights and welfare of children. This legislation establishes a structured framework to address the needs of minors who are either in conflict with the law or in need of care and protection. Its

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Judicial Activism in India: Need for Balance

India’s judiciary, especially the Supreme Court of India, has traditionally been viewed as the guardian of constitutional morality and defender of fundamental rights. Judicial activism — a broadly applicable term denoting a proactive stance by courts to resist macro social, economic or political evils, often through an expansive reading of both the Constitution and laws — has emerged as one of the

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Social Media’s Impact on the Judiciary: The Role and Influence of Judges’ Online Presence

In recent years, the rise of social media has changed not only how people communicate but also how public institutions interact with society. One such shift has occurred within the judiciary, where some judges have begun using social media platforms to share insights, clarify legal concepts, and discuss issues of public interest. This unprecedented move has provided a new level

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International Laws and Their Impact on the Indian Legal System: A Focus on Diplomatic Immunity

The interaction between domestic legal systems and international law is complex, particularly in the context of diplomatic immunity. Diplomatic immunity is a cornerstone of international law, ensuring that diplomats and other foreign representatives are afforded protection from legal processes in host countries to facilitate effective diplomacy. This principle is pivotal for maintaining global diplomatic relations, safeguarding embassies, and ensuring the

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The Consumer Protection Act, 1986: Safeguarding Consumer Rights in India

The Consumer Protection Act, 1986, marked a significant milestone in India’s legal history by focusing on the protection and empowerment of consumers. This legislation was introduced to address consumer grievances and promote fair trade practices, aiming to shield consumers from exploitation and enhance their awareness of their rights. It was a transformative step towards strengthening consumer rights in an evolving

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The Doctrine of Esm Furioso (Military Necessity): Insights from Viscount Haldane

The doctrine of Esm Furioso, commonly referred to as military necessity, is a principle rooted in the laws of armed conflict. It provides a legal and moral basis for actions taken by states or military forces during war, allowing exceptions to peacetime norms when needed to achieve legitimate military goals. Viscount Haldane, a renowned British jurist and philosopher, played a

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Police Administration’s Insensitivity in Uttar Pradesh: Is Justice Now Limited to Paper?

Author: Adv. Vaibhav Tripathi “Saxam”, High Court, Lucknow Introduction: What Should the Definition of Justice Be? When we talk about justice, we don’t just mean a judicial decision. Justice means every individual receiving their rights, having their voice heard, and being respected in all circumstances. The Constitution of India provides us with these rights, including the right to life, liberty,

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Legal Aid and Advice (Amendment) Bills, 2015 and 2017: Strengthening Access to Justice for the Marginalized

Legal aid is essential to ensuring that justice is not limited to those with financial means but is accessible to every citizen, regardless of economic status. In India, the government has long recognized the importance of legal aid in delivering justice to marginalized and vulnerable communities. The Legal Aid and Advice (Amendment) Bills of 2015 and 2017 marked critical efforts to

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Cyberlaw: An Overview of Various Acts and Regulations Governing Cyber Law

In today’s rapidly evolving digital landscape, regulating and safeguarding the internet, online transactions, and digital communications has become increasingly vital. Cyberlaw is a branch of law dedicated to addressing legal issues related to the Internet, online interactions, and digital data. As technological advancements surge, digital transactions increase, and new cyber threats emerge, cyberlaw plays a crucial role in ensuring privacy,

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