———- Edition: November, 2019 ———-
-Divya Tulsyani, student at Alliance University, Bangalore.
Abstract: The British transferred the nation’s abundant forest riches to satisfy their financial requirements in the colonial era. While laws such as the Indian Forest Act of 1927 provided for the settlement of rights, these were hardly implemented. Consequently, tribal and forest-dwelling groups, who lived in harmony with the environment and the ecosystem in the forests, continued to live in tenurial insecurity, a situation that continued even after independence as they were marginalized. The Forest rights act recognized the rights of traditional forest dwelling groups, partly correcting the injustice created by forest laws. There are various features of the act along with the rights provided to the forest dwellers. Recently Supreme Court ordered the expulsion of lakhs belonging to the categories of Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) from 16 States whose claim as forest residents was dismissed under the Forest Rights Act. The said order was highly criticized and there were amendments suggested to the act. As a result, on 13th September, the Supreme Court continued its stay on the eviction of Scheduled Tribes lakhs and other traditional forest residents whose claims were dismissed under the 2006 Forest Rights Act (FRA). In conclusion various ways are suggested in order to implement the act effectively and efficiently.
-Anshu Sharma, student at V.I.P.S., G.G.S.I.P.U., New Delhi.
Abstract: The article is a study of the current structure of Indian economy with respect to the goods and services tax collection. The introduction of the goods and services tax was a massive move by the policy makers, which has changed the face of economic structure in India. Our system is taking its own time to come to terms with the new single tax system, therefore facing the changing phases of the economy one-step at a time. Our nation is currently the victim of the problem of ‘sub-dued’ demand, where in there is basic fall in the demand of goods and services by the people. This directly effects the collection of the goods and services tax. This article is an analysis of the highs and lows of the collection of the goods and services tax and what impact it has on our economic structure as a whole.
-Shivani Karmakar, student at Amity Law School, New Delhi.
Abstract: Labelled “Lawless Law” by the Amnesty International, the Jammu & Kashmir Public Safety Act was enacted in 1978 by Sheikh Abdullah, ostensibly to check the menace of mafia. Since then, it has been systematically used as a potent device to disable the leadership of dissenting voices, subvert democratic process, and has acted as a tool against the mobilisation of people. This article briefly examines the history of the act, its salient features, and the aspects that make it so controversial.
-Pushpdeep Kaur, student at Geeta Institute of Law, Panipat.
Abstract: The article enunciates insightfully the scenario of surrogacy at the broad-gauge. It begins with the discussion of Surrogacy (Regulation) Bill which was introduced in Lok Sabha and was passed on 5th August 2019. This article elucidates stingingly the situation of the surrogacy hub which tends to operate with unethical practices, exploitation, abandonment of children and various rackets who import human embryos and gametes and moreover is the reason for bar on commercial surrogacy. Most importantly, the article aims to provide the critical analysis of the bill which makes it ineffective to be executed properly. The study reveals the fact that why ‘Altruistic Surrogacy’ not proven to be a successful Model in India. Consequently, it has to be admitted that our current approach is still far from being conclusive. Still further studies must be undertaken and better approach must be developed for understanding the notion of Surrogacy in a safe and proper way. Thus, this article is trying to look into an emerging issue and has unquestionably provided some issues which need to be consider prior the implementation of the Surrogacy (Regulation) Bill, 2019.
-Harsh Gupta, student at University Institute of Legal Studies, Panjab University.
Abstract: Kartarpur sahib is a holy shrine of Sikh community Guru Nanak Dev who settled there and lived for 18 years until his death. Though the distance that is to be covered is not large but it becomes so with the territorial boundaries and political issues. However, on the 550th birth anniversary celebrations of Sikh Guru Nanak Dev, Kartarpur corridor was inaugurated connecting Kartarpur Sahib to the Dera Baba Nanak Sahib. Former PM Dr. Manmohan Singh will be a part of first Jatha that will be visiting Kartarpur Sahib, however his office rejected the invitation to be present in the opening of corridor. The issue has a long history dating back to February 1999 when Attal Bihari Vajpayee made the request for the very first time. However, because of the Kargil war, but the talks were suspended. However, now, a citizen having a passport can plan his visit to Kartarpur Sahib but there is no requirement of Pakistan’s visa.
-Modit Johar, student at University School of Law and Legal Studies, G.G.S.I.P.U., New Delhi.
Abstract: Sedition was not a part of the original Indian Penal Code, 1860. But this Section was inserted into IPC by the IPC (Amendment) Act, 1870. By an amending act of 1898, this provision was later replaced by Section 124A. According to the British Era Law, under the old IPC, “Exciting or attempting to excite feelings or disaffection was considered as Sedition”. The Muzaffarpur police recently lodged FIR against 49 persons over alleged sedition. It’s time that the govt. realises the need to repeal this colonial era- offence that has been at random utilised by the authorities over the years to simply silence peaceful political dissent.
-Kaushik Chandrasekaran, student at School of Law, Christ University, Banglore.
Abstract: The issue of payment of tax by citizens and companies has always been a point of discussion, deliberation and discourse among citizens and policymakers. The action of the Modi Government to reduce the tax rate upon corporates has thus been also subject to great debate. Tax initiatives around the world have either led to the upheaval or downfall of governments due to the largely socio-economic impact of it has on the public sphere as a whole. Thus the introduction of a new initiative in the realm of tax is of substantive and paramount importance. This article seeks to analyse the economic impact of the corporate tax initiative and provide elucidative insight for the same. This analysis is based upon a twofold basis: Firstly, the background behind the tax cuts, and secondly, the changes it ensures in the present economic structure and mandate. The article also seeks to provide an elucidative insight upon the legal issues in implementation of a tax cut and provides some suggestions for further reform to help the ailing Indian economy.
-Yashika Kapoor, student at Farfield Institute of Management and Technology, G.G.S.I.P.U., New Delhi.
Abstract: This article pertains to the study on juvenile delinquency in Jammu & Kashmir in the light of the Juvenile Justice Act. The study focuses on the conditions of delinquents in Jammu & Kashmir from the standpoint of the provisions guaranteed to them by the JJ Act. The Juvenile Justice Act is the most significant legal framework for juvenile justice in India. The Juvenile Justice (Care and Protection of Children) Act, 2015 extends to the whole of India. Soon after the abrogation of Article 370 in Jammu and Kashmir, the JJ Act would now be applicable in J&K too. Analytical research of the Juvenile Justice Act accordant with a northernmost state in India, Jammu & Kashmir is discussed in the article. Prominence is given to areas like the recent news of children put in custody, salient features of the Juvenile Justice Act 2000, the applicability of the Act in Jammu and Kashmir, conditions of the JJ Act during prohibitions its directions for future. The article observes and concludes with the prevailing status of the Juvenile Justice Act in Jammu and Kashmir. In conclusion, this article concerns the need to take effective measures to ensure the implementation of a child-friendly approach for the Juvenile in Jammu & Kashmir.