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Doctrine of Effective Nationality

  DOCTRINE OF EFFECTIVE NATIONALITY Right of a refugee (right of individual) to enter into a nation Statelessness of an Individual – International Law: The intimate relation between individual and state, recognized by international law, is apparent from the rules on diplomatic protection, but authoritative exposition of the nature of nationality on the international plane has lately elaborated that relation. The need for certain links between an individual and a state as a basis for conferring nationality was emphasized by various members of the International Law Commission in the debates on elimination and reduction of statelessness. The final development of this work was the adoption by a United Nations Conference in 1961 of a Convention on Reduction of Statelessness, which rests conferment, renunciation, and deprivation of nationality on various social links between individual and state. In its judgment in the Nottebohm Case, the International Court of Justice expounded the principl

Delhi Riots

  DELHI RIOTS After the Citizenship Amendment was passed in the Parliament, a widespread criticism was faced all over the country. Some of the politicians arranged made speeches at the gathering against Anti-CAA protestors, instigating them to the attacks against them. This led to the attacks and riots against many Muslims in the Delhi. The Pro-CAA protesters led attacks against Anti-CAA protestors after inspiring from the speeches of the politicians. No politician came to stop the riots. Many mosques, madrasahs, houses, and shops belonging to Muslims were burnt, destroyed and robbed. Many Muslims were killed and some went missing. Many of the Muslims in the riot hit area were terrified and some of them, even evacuated their residences and settled at different places. There was no immediate police action, which resulted in this severe loss. Even after the CM of Delhi, Arvind Kejriwal, ordered Police to take action, they failed to do so. Thus, Army had to intervene to resolve the issue.

AI in law

  AI in law Artificial Intellect (AI) is the machine-led intelligence that enables computers to perform tasks considerably more quickly than humans. It is also known as machine learning. Specifically, it is concerned with the discipline of computer science that has made it substantially easier for key activities to be completed in the blink of an eye. Artificial Intelligence and the Law: Artificial intelligence (AI) is currently one of the most talked-about issues in the world of technology. Recent advances in artificial intelligence have resulted in a significant increase in research and development across a wide range of subjects, including law. In today's world, most individuals are familiar with the phrase Artificial Intelligence (AI). AI systems are made up of a number of different components, starting with a control unit that receives and processes input and progressing to a processing component that makes decisions based on the information received. The concept of a human-li

Time to Ban Female Genital Mutilation

  Time to Ban Female Genital Mutilation By Shweta Nair In order to uphold the traditional practices carried out in the name of religion, people go to any extent even to the extent of circumcision of female genitalia for non-medical reasons. February 7 th of every year has been recognised as the International Day of Zero Tolerance for Female Genital Mutilation. Girls from the age of 1 to 15 years and few adult women become the victims of it. It is rather dreadful to know that over 200 million women worldwide have been subject to the practice of Female Genital Mutilation with the practice being more prevalent in Africa, Latin America and few countries in Asia. What is meant by Female Genital Mutilation?  It is a religious or traditional practice or custom wherein female genitalia is dismembered.  There are 4 types of FGM as per WHO,  Type 1: Part or overall removal of clitoral.  Type 2: Part or overall removal of external and visible parts of vulva or clitoris.  Type 3: Infibulation or

The Role of Cyber Law in Cybersecurity in India

  The Role of Cyber Law in Cybersecurity in India Cyberspace is the computer-generated world of the internet, and the rules that govern it are known as Cyber laws, and all users of this space are subject to these laws since it has a form of global jurisdiction. Cyber law is a field of law that deals with legal concerns arising from the usage of interconnected information technology. In a nutshell, cyber law governs computers and the internet. The expansion of electronic commerce has prompted the need for more active and effective regulatory procedures to further enhance the legal infrastructure that is so important to its success. Cyber law encompasses all of these regulating systems and legal frameworks. Cyber law is important because it touches almost all aspects of transactions and activities and on involving the internet, World Wide Web and cyberspace. Every action and reaction in cyberspace has some legal and cyber legal angles. Cyber Crime is not defined in Information Technology

Differences between Tort and Crime

Differences between Tort & Crime                         In this article, we will be distinguishing between a Torts and a Crime according to the basis of differentiation such as sincerity, action initiated, damage, punishment and many more. Definition: Tort has been derived from the Latin term “tortum” which means to twist. Crime is an act or illegal omission which causes harm to another person that is forbidden by law. TORT Bases of Differentiation  CRIME Tort is a civil wrong. Wrong Crime is a criminal wrong. A tort is comparatively less serious in nature. Seriousness Crime is more serious in nature. A tort is a private wrong, i.e., infringement of private right of an individual. Crime is a public wrong, i.e., invasion of public rights or duties affecting the whole society. In tort, the action is initiated by the injured party. Action initiated  In crime, proceedings are conducted in the name of the state. In tort, wrongdoer has to reimbursed images to the injured party. Damages

LEGAL AID

 RIGHT TO FREE LEGAL AID BY NUPUR GARG INTRODUCTION egal Aid which means giving free legal services to the poor and needy who are unable to afford the services of an advocate for the conduct of a case or a legal proceeding in any court, tribunal or before a Judicial authority. The preamble of the Indian constitution basically aims to secure to the people of India justice – socio economic and political. His Lordship Justice P.N. Bhagwati aptly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and in reach of those who have to resort to it for enforcement of rights given to them by law. Article 38(1) avows that the State shall promote the welfare of the people by securing and protecting the social order including justice. Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law. The State shall secure that the operatio

Lawful Homicide

  Lawful Homicide By: Robin Pandey                                                               Date:20/February/2022   The concept of lawful homicide or justified homicide is a defence from culpable homicide . A homicide is lawful when there is sufficient evidence to disprove beyond reasonable doubt that the alleged doing falls under Mens Rea . The key to this defence is that it was reasonable for the subject to believe that there was an imminent and otherwise unavoidable danger of death or grievous hurt to body which is only avoided by the means of force which can lead to the death of the person using such force or the aggressor in legal sense. The distinction between lawful and unlawful homicide depends on whether the offender's act was intentional, careless or otherwise. In the first case, law will set the culprit free while in the second case he will be held criminally responsible for his criminal act. The Code lists certain situations in which criminal responsibility for ho

Section 144 CrPC

  Section 144 CrPC An Executive Magistrate has broad authority to deal with emergency situations under the Criminal Procedure Code (hereinafter the Code). One such provision deals with the Magistrates' power to impose restrictions on individuals' personal liberties, whether in a specific locality or within a town, where the situation has the potential to cause unrest or pose a threat to the peace and tranquilly of the area as a result of certain disputes. In summary, Section 144 grants the authority to issue an immediate order absolute in circumstances of annoyance or imminent danger. Specified kinds of magistrates may issue such orders if they believe there is sufficient reason to act under the provision and that prompt prevention or remedy is required. It requires the magistrate to issue the order in writing, including the material facts of the case, and it must be served in accordance with section 134 of the Criminal Procedure Code. The section's phrasing suggests that t

Sources of Legal English

  Sources of Legal English By: Anjali Tiwari Latin was largely used in court records and later legislation in terms of its relationship to English law. Because Latin was only known by intellectuals and educators, it never became a language of litigation or conflict. The Latin word versus derives from these periods when it comes to citing cases. The Anglo-Saxon populace not only used Old English as a legal language, but also Latin, which, despite being present in England during the Roman era, was only strengthened following the arrival of Christian missionaries in 597. It was soon not only the Church's language, but also education and schooling in general. The Church marketed Christianity as synonymous with literacy, and while the majority of the public did not comprehend Latin, it established a broad norm of written communication that had a significant impact on the legal language. Another key socio-political event that shaped and characterized the linguistic situation in contempor