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Criticize The Judgements Not Judges

        Justice Pushpa Ganediwala  Justice Pushpa Ganediwala of Bombay High Court Nagpur Bench tendered her resignation after the Collegium of Supreme Court did not elevate her as permanent Judge. The judgement given by justice Pushpa Ganediwala on January 15, 2021 in the case Libnus Kujur Vs State of Maharashtra was seen as much controversial and subsequently overruled by the Supreme Court. Her interpretation in the case regarding sexual assault against a minor as skin to skin was criticised widely.  When the judgements are not good, it must be criticized and discussed. But is it okay to criticize a judge personally? "To error is the human being." We shouldn't judge the capability of a judge on his/her single judgement or dicision.  When decisions are handed down, some people say they are right and some say they are wrong. These are the people's opinions and they have the right to hold them. Everyone has their own opinion and perspective, and it must ...

पॉक्सो कायदा

  लैंगिक अपराधांपासून बालकांचे संरक्षण करणारा कायदा. भारतीय संविधानाने भारतातील प्रत्येक नागरिकास (त्यात बालकेही येतात), मूलभूत हक्क बहाल केले आहेत. संयुक्त राष्ट्रसंघाच्या महासभेने अंगिकारलेल्या बाल हक्कांबाबतच्या अधिसंधीस ११ डिसेंबर १९९२ रोजी भारत सरकारने मान्यता दिली आहे. यामध्ये बालकांच्या हिताचे संरक्षण करताना सर्व राज्यपक्षकारांनी पालन करावयाची मानके विहित केली आहेत. भारतीय संविधानातील अनुच्छेद १५(३) मध्ये इतर गोष्टींबरोबर बालकांसाठी विशेष तरतुदी करण्याकरिता राज्य सरकारला अधिकार दिलेले आहेत. ‘बालक’ ह्या संज्ञेमध्ये अठरा वर्षांखालील सर्व व्यक्तींचा समावेश होतो. बालक ही देशाची संपत्ती, उद्याची पिढी मानली जाते. तिचे योग्य प्रकारे पालनपोषण, संवर्धन व्हावे, निकोप शारीरिक, मानसिक, बौद्धिक आणि सामाजिक विकास व्हावा, बालकांस अत्याचारांपासून संरक्षण मिळावे, बालपण सुदृढ राहावे, बालकांच्या हक्कांचे संरक्षण व्हावे, बालकांचे बालपण, यौवन याचे लैंगिक शोषणापासून संरक्षण व्हावे ह्या मुख्य हेतूने ‘प्रोटेक्शन ऑफ चिल्ड्रेन फ्रॉम सेक्सस्युअल ऑफेन्सस ऍक्ट, २०१२’ (पॉक्सो कायदा) या नावाने केंद्र सरका...

Privacy of Victims in Sexual Offences Case

We all are aware of the modifications in the Criminal Law System after the Nirbhaya Case. There are various protections given to victims of sexual assault through various legislations. The most crucial right in case of a victim of sexual assault is her privacy. If it is a child, eventually she may grow up to be a lady by the time the case comes up for hearing. In such a case, revealing the name of the victim can lead to stigma and social shame. The victim may have already gone through a series of counselling and support sessions to move on with her life, at the time of the incident. Now when the case comes up, she has to face the trial within herself and the society first, and then again face the trial in the court. That is the reason many cases of sexual assault go unreported. Many times the families don’t accept such victims, and many times, inspite of rehabilitation and support, they are exposed to vulnerabilities and further exploitation. A strong support system is required for suc...

Global Crypto Adoption Index 2021

  This ranking was based on the total cryptocurrency received, the amount of the virtual currency moved in transactions under $10,000, and peer-to-peer (P2P) trade volume.  Finder, a US-based research platform, surveyed nearly 47,000 users worldwide, and  30 per cent of those surveyed in India  said that they owned crypto.  Finder’s report said  Bitcoin is the most popular coin in India followed by Ripple, Ethereum, and Bitcoin Cash.  The company also mentioned that India’s “huge expatriate population” makes it the world’s number one remittance recipient in the crypto space.  WazirX, the largest crypto exchange by trading volume in India , said last week that it had seen more than 2,648 per cent growth in user sign-ups from Tier I and Tier II cities in India. This implies that crypto adoption in India has also been led by smaller towns in the country. WazirX has a claimed user base of 7.3 million users and said it has recorded more than $21.8 bill...

25 Important Supreme Court Judgements

  ✍25 Important Supreme Court Judgements✍ ➡Supreme Court judgements are very important to have a better understanding of the Constitution of the country. 25 Most Important Supreme Court Judgements List.. Case Relevance A.K. Gopalan Case (1950) SC contented that there was no violation of Fundamental Rights enshrined in Articles 13, 19, 21 and 22 under the provisions of the Preventive Detention Act, if the detention was as per the procedure established by law. Here, the SC took a narrow view of Article 21. Shankari Prasad Case (1951) This case dealt with the amendability of Fundamental Rights (the First Amendment’s validity was challenged). The SC contended that the Parliament’s power to amend under Article 368 also includes the power to amend the Fundamental Rights guaranteed in Part III of the Constitution. Berubari Union case (1960) This case was regarding the Parliament’s power to transfer the territory of Berubai to Pakistan. The SC examined Article 3 in detail and held that the...

Public Interest Litigation (PIL)

  “Law without justice is wound without care.” Introduction Public Interest Litigation(PIL) is a legal measure that can be initiated in a court of law. It can be in the interest of a nebulous entity or case in which the public or class of the community has a pecuniary interest or some interest by which their legal rights or liabilities are affected. It is the power given through judicial activism. Any citizen can approach the court by filing litigation under Article 32 of the Constitution to the Supreme Court, under  article 226  of the Constitution to the High Court, and under  Section 133 of CRPC  to the Court of Magistrate. The efforts of Justice P.N.Bhagwati and Justice V.R.Krishna Iyer played a key role in bringing this juristic revolution. The principles enshrined in  Article 39A (Equal justice and free legal aid)  of the Constitution are in consonance with the concept of PIL. PIL can be filed against the state or central government, municipal au...

Triple Talaq Judgement (2016)

  Introduction Shayara Bano, 35, took on the practice in 2016, a year after her 15-year-old husband divorced her via triple talaq. Bano's petition was paired with those of four other Muslim women: Afreen Rehman, Gulshan Parveen, Ishrat Jahan, and Atiya Sabri. Some Muslim organizations consider the issue as a question of religious freedom, while others, such as the Centre, see it as unconstitutional. Background of the Case Rizwan Ahmed was Shayara Bano's husband for 15 years. He divorced her in 2016 with an instant triple talaq (talaq -e bidat). She asked the Supreme Court to declare three practices – talaq-e-bidat, polygamy, and nikah-halala – unlawful since they contradict Articles 14, 15, 21, and 25 of the Constitution. On February 16, 2017, the Court requested written responses from Shayara Bano, the Union of India, several women's rights organisations, and the All India Muslim Personal Law Board (AIMPLB) on the issues of talaq-e-bidat, nikah-halala, and polygamy. Ms Ban...