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Showing posts from September, 2022

What if Men are Subjected to Domestic Violence: The Laws and Rights

Author: Sanya Malhotra ABSTRACT  Usually the term ‘Domestic Violence’ is often subjected or limited to women. Although there’s no harm in it, as women of the society have always been subjected to patriarchy and violence. But the term ‘violence’ or ‘abuse’ cannot be used in a limited context, it has much wider and broader sense of meaning. “Domestic abuse, often known as “domestic violence” or “intimate partner violence,” is defined by the United Nations as a pattern of behaviour designed to establish or retain power and control over an intimate partner in any relationship.” It is astonishing that even men are subjected to physical violence, mental and sexual abuse in many households. About two in five of all victims of domestic violence are men, contradicting the widespread impression that it is almost always women who are left battered and bruised, a new report claims. Men assaulted by their partners are often ignored by police, see their attacker go free and have far fewer refuges to

Understanding product liability and its Provisions under Consumer Protection Law

“A customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption in our work. He is the purpose of it. He is not an outsider in our business. He is part of it. We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to do so” -Mahatma Gandhi  Author: Muskan Tyagi INTRODUCTION In everyday life consumer go through the problem  of defective products on everyday basis . Dangerous or otherwise defective products cause injury to countless numbers of consumers each year. Furthermore, now that  the world has open thousand online options for the consumers to buy so has the the issue of false advertising and defective product . People today often struggle to find the appropriate redressal for such mechanism as Nearly one in two Indian consumers reported being stuck with one or more high-value faulty product, as per a survey by community platform Local Circles. This article explains t

Surrogacy : Hope of Motherhood

  Author: Ritesh S. Chavan Jitendra Chauhan College of Law The Latin word “surrogatus,” which means “assigned to act in the place of,” is the source of the English word “surrogate.” In the well-known practice of surrogacy, a woman consents to become pregnant with the intention of carrying the child to term and giving birth to it. She will, however, give the child to the contracted party and not raise it. ‘Chori chori Chupke Chupke’, movie can be the best example to understand this concept in better manner. Commercial surrogacy, sometimes known as the “Rent a Womb” practice, was legalized in India in 2002. India became “the hub of surrogacy” as a result of this policy, which was made to boost medical tourism there. According to the CII research from 2012, India’s surrogacy market was worth $2 billion annually. And it was estimated that across the nation, more than 3,000 fertility clinics were involved in this. The unregulated business of surrogacy raised concerns like unethical practice

The Legal Status of Illegitimate Children: The Rights of Children born outside of a Hindu Marriage

  Author: Akshay Pathak National Law Institute University (NLIU) The legitimacy of Hindu child after the enactment of The Hindu Marriage act,1955, is completely depends upon the validity of marriage according to the provision enshrined under the Act. Prior to the enactment of The Hindu Marriage Act,1955, there was no restriction as to the second marriage of Hindu residing in India but as the Hindu Marriage Act came into the existence in 1956, it makes the Bigamy illegal for a Hindu according to the section 17. LEGITIMATE AND ILLEGITIMATE CHILD: - Under the Hindu law, if a marriage fulfilled the conditions laid down in section 5 and section 7 of the Hindu Marriage act,1955, it is considered as a valid marriage and a child borne out of it would be legitimate child. The legitimacy of child may come in question in following cases: - 1. Either he is borne out of void Hindu marriage  2. Or voidable Hindu marriage 3. Borne out of extramarital or premarital affair The legitimacy of chil

The Journey of Indian media from a ‘Watch dog’ to a ‘Pet dog’

Author: Arryan Mohanty Introduction The government, the opposition, the courts, and the media make up democracy. India is the largest democracy in the world, and the media has always been crucial in shaping the nation's progress. The media's contribution is to increase public awareness of various bits of information and knowledge. People think that the media is the sole reliable source of knowledge and communication about events that happen and don't happen throughout the world. By creating clarity between the government and the people, the media builds an abstract connection between them. The media serves as the "voice of the people. When a political party is corrupt, avoid being biased towards them. Media has the power to alter how society thinks, yet the struggle for TRP (Television Rating Point) is eroding transparency and confidence in consistently receiving true news. News could once only be obtained from a few sources, such as radio, Doordarshan, etc. Even if th

India seeks to oust Chinese Firms from Sub-$150 Phone Market

  Author: Daison David Mumbai University Rising disposable income, cheaper internet, and the need to always stay connected are some of the factors that have led the Indian smartphone market to grow into one of the largest smartphone markets in the world. Indian Smartphone market size was valued at US$ 139 billion in 2021 and expected to grow with a CAGR of 10.5% and reach US$ 281 billion by 2028 . The "Make in India" initiative's goal of boosting domestic industry and indigenous businesses is another persuasive justification. The Make in China movement, which has gathered strength over the past several decades, is the main adversary of the Make in India initiative. When it comes to outsourcing, manufacturing, and services, China is the main competitor. India struggles to become a premier manufacturing centre due to its inadequate infrastructure and outdated logistics infrastructure. On 8th August 2022, it was reported that India seeks to restrict Chinese smartphone makers

White Coat Crimes – The Transplantation of Human Organs Act (THOA), 1994

Author: Shereen Rodrigues  1. INTRODUCTION However, because there are more patients in need of transplants than there are donors, laws must be in place to prevent illicit conduct involving the sale of organ transplantation. Illegal Trading in human organs has taken on draconian proportions. The criminal market in human organs has surpassed the number of charitable donors. Organ and tissue transplantation has changed over the past 30 years from an experimental operation conducted only in highly developed countries to a therapeutic intervention performed in hospitals and clinics around the world thanks to advancements in medicine and surgery. Due to a lack of available organs, a robust global organ market has emerged, with kidneys being the most traded item. India is a rich ground for this trade because of a combination of poverty, substantial inequality, and pervasive corruption.   The country's expanding middle class, lack of a universal health insurance program, widening wealth