Author: Gautam Khoiwal

Law Student

Is India a safe environment for animals?


Cows, tigers, lions, elephants, horses, bulls, snakes, and monkeys are all revered in Hindu mythology. The Vedas, Hinduism’s early writings (written in the second millennium BCE), preach ahimsa, or nonviolence, to all living things. In Hinduism, killing an animal is considered a violation of ahimsa and results in negative karma. However, while people display their devotion to deities and the animals associated with them in temples, animals are also subjected to cruelty in places such as circuses.
The Indian Constitution contains several laws for the safety, protection, and punishment of animals, including the Indian Penal Code (IPC), the Prevention of Cruelty to Animals (Slaughterhouse) Rules, 2001, the Wildlife Protection Act, 1972, and the Prevention of Cruelty to Animals Act, 1960 (PCA Act), to name a few. Among other Regulations and Acts of the Indian Constitution, Article 48A, Article 51A(g), Sections 428 and 429 of the IPC establish rules against animal cruelty. Animal sacrifice is prohibited in all parts of the country, according to Rule 3 of the Slaughterhouse Rules, 2001. In addition, the Central Bureau of Investigation investigates specific wildlife offences (CBI).
Following the Covid 19 incident, numerous incidents have surfaced exposing the brutality of the human mind, the most recent of which being A suo motu case initiated by the Kerala High Court on animal cruelty will now take the name of Bruno, a Labrador dog reportedly slain by three teenagers in the State. In Gujarat, a stray dog was mercilessly thrashed and carried 500 metres by a two-wheeler.


A dog raped with a screwdriver in Goa, a langur hung and tortured to death in Telangana, and a street dog assaulted, tied to a motorbike, and then thrown over the second floor of a building in Ludhiana are just a few of the heinous crimes against animals that have been documented. How about the pregnant elephant who died in Kerala when suspected firecrackers disguised in fruit detonated in her mouth? On March 28, 2021, a man was seen on CCTV assaulting a stray dog in Naya Nagar, Goregaon West, Mumbai; however, no police case was filed.


Molesting a stray dog in Goregaon West, Mumbai; however, no police case was filed.
The Supreme Court of India recognised the Right to Life as enshrined in Article 21 of the Constitution of India to include animals in a case titled Animal Welfare Board of India v. Nagraja&Ors. In 2014. The Supreme Court of Nepal banned the unlawful transport of cattle to Nepal for the Gadhimai festival in 2014, which helped to reduce the number of animals killed that year. In the case of Karnail Singh and others against State of Haryana, the High Court of Punjab and Haryana recognised all creatures in the animal world, including avian and aquatic species, as legal beings on May 31st, 2019.

All inhabitants of Haryana have been designated as persons in loco parentis (in the place of a parent), allowing them to act as guardians for all nonhuman animals in the state.
The only way to bring these activities back to normal is to enact stronger rules and provide legal protection for animals. This is the first step toward achieving a mindset shift in order to build a society in which animals are treated equally to humans.

Mob lynching in India


According to an IndiaSpend research, the number of incidences of mob lynching is on the rise every year. The term “vigilance” is described by the Cambridge dictionary as “law enforcement conducted by a self-appointed group of persons without any legal authority.” People who want to enforce legal power without any legal grounds are involved in lynching instances.
A lynching occurs when a group of people kills a person, accusing him of committing an offence that is frequently motivated by religious prejudice or amusement. When one community’s beliefs about an issue disagree with the views of the other community, an unlawful act of mob-lynching occurs as a result of the conflict. In India, states like Uttar Pradesh, Haryana, Delhi, Gujarat, Karnataka, Rajasthan, and Madhya Pradesh have the largest number of cow-related mob attacks.


The country’s impact on mob lynching
In particular, there has been an upsurge in the frequency of lynching cases. Since the BJP administration came to office in 2014, there has been a rise in the frequency of such attacks. This act of people taking the law into their own hands due to a lack of understanding of the justice system poses a severe danger to the Rule of Law and Natural Justice concepts. Such activities have also posed a major threat to the country’s minority populations, and adequate measures must be made to prevent and deter such crimes.

The Supreme Court has ruled on lynchings by mobs.
In the case of Tehseen S. Ponawalla v. Union of India & others, the Hon’ble Chief Justice of India, Dipak Mishra, and the three-judge bench denounced recent occurrences of mob lynching and mob attacks on Dalits and members of other communities. On July 17, 2018, he asked the parliament to draught and enact laws that would make mob lynching a separate crime and set punishments that would serve as a deterrent to future lynchings.

Furthermore, the bench argued that no one or group of individuals can take the law of the land into their own hands and impose punishment that they are not obligated to impose. Furthermore, the Chief Justice of India underlined the necessity of issuing orders for punitive, rehabilitative, and preventative measures.


Lynching punishments
In our country, there is no explicit legislation or legal provision dealing with lynchings or mob violence. However, the following statutes, which are currently part of the Indian Penal Code, provide for the penalty of mob lynching.

Section 302 of Indian penal code.
Section 304 of Indian penal code.
Section 325 of Indian penal code.
Section 34 of Indian penal code.
Section 120B of Indian Penal Code .


Conclusion
Mob lynching can occur for a variety of causes. Witch-hunting was one of the causes of mob violence, with 2000 mentally ill women being murdered because of rumours accusing them of kidnapping and murdering children. In India, religious conflagrations such as the 1984 Sikh riots, Anti-Muslim riots in Gujarat, or the lynching of Ghulam Muhammad by Hindu Yuva Mahaini over his relationship with a Hindu girl in the neighbourhood have had a negative impact on the country.

Adultery


Adultery is a French word that came from the Latin verb “adulterium,” which means “to corrupt”. Adultery is described as a consensual extramarital sexual connection that is considered impolite on social, religious, and moral grounds, as well as earlier on legal ones.

Even if adultery is no longer a criminal offence, it is still considered a delinquent behaviour since it breaches societal norms that an individual is expected to follow.

Religion views adultery as a sin.
India is famed for its variety while remaining together. Our country is a secular one, in which all religious views are honoured equally. Every religion has its own set of beliefs and goals. In the case of adultery, however, almost every religion is harshly critical. Adultery is seen differently by many religions, but the underlying view stays the same. Adultery is considered a sin in every faith. Religions, on the other hand, may have different punishments. It is considered a delinquent behaviour since it offends the sacred sentiments of all religions.

Adultery in the eyes of the law
Adultery is defined in India under Section 497 of the Indian Penal Code (IPC) 1860 as:
“Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe is the wife of another man without that man’s consent or connivance, such sexual intercourse not amounting to the offence of rape, is guilty of adultery and shall be punished with imprisonment of either description for a term that may extend to five years, or with fine or with b The wife shall not be held liable as an abettor in such a case.”

Will infidelity have an impact on alimony?
An unfaithful wife is not entitled to maintenance from her husband under section 125 of the CrPC. Initially, whether the husband is maintaining a concubine in the same house or living apart with a concubine, the wife has the right to live separately and sue her husband for support.

Conclusion: The necessity to alter India’s adultery statute has not arisen in the last few years; rather, jurists and attorneys have been clamouring for change for decades. The courts have ruled that a part cannot be struck down just because it is desirable to remove it. However, the study suggests that the section be amended rather than deleted. As a result, the Legislature should make a modification to the law of adultery as soon as possible to eliminate the legislation’s gender prejudice.

A quick guide to impact investing


Investing is a type of investment that aims to provide tangible social or environmental benefits in addition to monetary gains. Impact investment can take the form of a variety of different resource classes and can produce a variety of different outcomes. This type of investing focuses on using cash and venture capital to achieve positive social results. Impact investing is a rising business that gives funding to address the world’s most important problems. Affordable and accessible sustainable agriculture, renewable energy, conservation, microfinance, and essential services, such as housing, health care, and education, are all examples of these fields.


What are the benefits of impact investing?
Impact investing contradicts the long-held belief that social and environmental problems can only be remedied through charitable giving and that market investing should only be concerned with maximising profits. The impact investing sector offers investors a wide range of viable options for promoting social and environmental solutions while also generating financial gains. Many different types of investors are entering the burgeoning impact investing market. The following are some of the most typical investor motivations.
Individuals and institutions interested in general or specific social or environmental reasons might find investment options through banks, pension funds, financial advisors, and wealth management agencies.
While maintaining or increasing overall donations, institutions and family foundations can use much more assets to accomplish their principal social and/or environmental aims.
Government investors and development financial institutions can demonstrate financial viability to private sector investors while pursuing specific social and environmental objectives.
Is it true that impact investing is effective?
Most impact investors aim for returns that are comparable to market interest rates, with some impact funds even outperforming the market. In general, the rate of return for impact investments is slightly lower than the market average. The average internal rate of return for medium-impact funds was 6.4 percent in a research by the University of California, compared to 7.4 percent for search funds with no impact.

What’s the difference between environmental, social, and corporate governance (ESG) investing and impact investing? Environmental, social, and governance practises are business actions that can have an impact on a company’s performance. Companies that use child labour or discriminate against employees, for example, may find themselves at a competitive disadvantage, particularly when selling to socially sensitive customers. Impact investing, on the other hand, is a type of investment that focuses on achieving objectives other than financial rewards. Clean energy, education, and microfinance are examples of possible investments.

Conclusion
Impact investment is one of a growing number of social responsibility initiatives aimed at mitigating the negative consequences of typical business operations. Impact investment generates social and environmental benefits while producing money by backing businesses and sectors that support important causes. The rising impact investment sector has made tremendous progress in the last few years. To be sure, a large portion of the problems can be attributed to the new sector’s growing pains. Impact investing will grow, histories will be created, and decisions about financial execution will be made.

Legal analysis of doxxing


What is the definition of doxxing?
Doxxing, short for “dropping dox,” is an internet attack in which hackers collect personal information and documents, hence the “dox” element of “dropping dox,” in order to reveal the true identity of someone who wanted to remain anonymous.
Doxxing is a harmful act carried out by hackers against someone with whom they disagree or detest. The goal is usually to make the victim feel humiliated or harassed. Hackers, for example, might divulge the identify of an anonymous message board troll in order to embarrass that person. They might want that person to lose their job or be shunned by their coworkers or friends.


Doxxing comes in a variety of forms:—


Doxxing celebrities
Journalists frequently gather information about a celebrity’s personal life and publish it on their social media platforms. Doxxing, on the other hand, isn’t exactly common in the entertainment world. The hacker reveals personal information about the celebrity, such as credit card numbers, email addresses, social security numbers, and phone numbers.

Doxxing with a flaw
Doxxing is occasionally carried out by online vigilantes who are too indolent to conduct full research or examinations on their targets to ensure they are dealing with the correct person. Rather, they mistakenly link people to unrelated activities or events. As a result of such “bad” doxxing, innocent persons face the following consequences:
Loss of reputation, job loss, harassment, physical damage, or death are only few of the consequences.

Doxxing for retaliation
Doxxing can be used as a method of retaliation. They disclose publicly identifiable details about their rivals on the internet to humiliate them.

Doxxing swapping
Swatting is a doxxing technique. When someone falsely accuses someone of committing a crime, police (or a SWAT squad, as the case may be) are dispatched to the victim’s home to harass them. The victim of doxxing, on the other hand, is frequently killed.

Doxxing is a method of exposing criminals.
While most swatting is done for fun, some people use it to commit serious crimes like murder. They publicise personal information about their opponents on the internet and encourage others to harm them. The purpose could be personal vengeance or expressing disagreement or animosity toward a particular cause, religion, activity, or race..


Is it legal to doxx someone?
Doxxing is usually not deemed illegal if the content exposed is in the public domain and was obtained legitimately. However, regulations intended to prevent stalking, harassment, and threats may make doxxing unlawful in your jurisdiction.
It also relies on the specific information disclosed. Giving someone’s true name, for example, is less risky than giving out their home address or phone number. Doxxing is both immoral and unlawful, and you could face serious legal consequences, including imprisonment, if you are caught harassing people and releasing their personal information. Detecting and prosecuting these kinds of crimes can be difficult.

Virtual Rape

The topic of virtual reality rape has not been extensively popularised as of now. Despite the fact that it has been discussed, today’s societal construct only permits rape to occur in real life. Because rape is more closely associated with the physical form of the act, it is even more difficult to comprehend in a non-physical virtual environment. However, the advancement of computer-mediated communication (CMC) has created a dependable platform for people to network with one another in virtual reality and have an open discussion on the subject.
Virtual rape is a term that has been coined to describe the act of
Because the notion is only now being freely discussed and recognised, it does not yet have a well-established legal definition. Virtual rape, on the other hand, can be described as the act of forcing someone into an unwilling sexual act in a virtual setting. It could entail a non-consensual touch, exposure, or character representation modification.

The behaviour may differ depending on whether the virtual environment is a visual one with online avatars (a figure that represents a specific user in a video game) or a more direct type of textual immersive contact. There may be gaps in the definition due to its narrow scope, which excludes other types of sexual assault and sexually explicit behaviour. As a result, an ideal definition would advise that virtual rape be defined as rape that occurs in the actual world.


Sexual autonomy is being violated on the internet.
As a criminal offence, rape is one of the most heinous and despised acts that one may commit against another. Though, over time, numerous penal codes have recognised various types of rape, ranging from penial-vaginal penetration to oral and anal penetrations, forceful insertion of inanimate objects, drowsiness, incapable victims, deception, and other types of problematic inappropriate sex.

Is it a crime – this is the essential argument.
The shift of rape into space online makes this terrible scene a little less intimate and intrusive as it moves virtual. The intrusion reduces as the proximity and imagery are removed from the entire act in comparison to the actual real-life event, without diminishing the terrible impact it may have on the victims. The offender’s control and coercion are reduced, resulting in a less stressful encounter for the victim. It differs from a real-life rape situation in which physical force, compulsion, and unwillingness are used.


Conclusion
It has been stated that society has not yet reached a position where virtual attacks should be considered illegal. However, due to a lack of legislative or judicial acknowledgment, the matter remains largely subjective at this time. With all of the knowledge and data accessible, the only way to answer the issues that arose from the situation was to conduct thorough study. To have a prominent and clear understanding, our legislators would need to be wise while dealing with an allegation of virtual rapes and the concerns that go along with it. Until then, it is the responsibility of virtual communities and their producers to establish safe virtual environments for its users.

Freedom of Trade, Commerce and Intercourse

The clauses of the Indian Constitution concerning freedom of trade, commerce, and intercourse were taken from the Australian Constitution. The Australian Constitution states that there should be freedom of trade, commerce, and intercourse, which can be carried out via ocean shipping or internal conveyance.

While India borrowed this clause, it also ensured that the free flow of products is allowed not only between states, but also within a single state. As a result, both inter-state and intra-state trade is permitted in India under the Indian Constitution.
Intercourse, trade, and commerce
According to Article 301 of the Indian Constitution, all trade, commerce, and interaction in the country should be free.
Trade involves the exchange of commodities and services between a buyer and a seller, as well as the transportation of such goods. The factor of products transmission, as well as that of men and animals, is more prominent in commerce. As a result, profit isn’t the most important consideration in business.

Article 301’s purpose
Article 301 of the Constitution was added to ensure that the nation’s unity is preserved by erasing geographical boundaries that exist throughout the country. Furthermore, it ensures the free flow of commodities throughout the country by removing any limits that may be imposed.

As a result, the primary goal of this provision is to instil in all Indians a sense of belonging to a single nation, which may be difficult to do if economic operations are hindered by several barriers, as they already are owing to regionalism and language barriers.

Commerce and taxation freedom are two important aspects of freedom of trade.
While Article 301’s goal is to allow for the free movement of products, this does not preclude the government from regulating some areas of trade. The state has the right to regulate trade, so if taxes are levied on goods, they do not automatically become a restriction on freedom of trade. There is a criterion that is used to determine whether or not a tax levied on goods is a violation of Article 301.

It is not possible to have complete freedom of trade, commerce, or intercourse.
Despite the fact that Article 301 states that trade, commerce, and intercourse shall be free across India, this freedom is not absolute. This means that limited limitations on this right can be placed without violating Article 301’s stipulations. Part XIII of the constitution mentions these constraints, and even Article 301 states that this freedom is subject to the provisions of this section..
Article 302 of the Indian Constitution gives Parliament the ability to put some limits on the free movement of products, but this power is subject to the provisions of Article 303.


Conclusion
Part XIII of the Indian Constitution contains provisions for freedom of trade, commerce, and intercourse in India. While trade freedom exists, it is not absolute in nature, and various constraints can be imposed on it. As a result of these provisions, the freedom of trade, commerce, and intercourse is granted Constitutional standing, which is important to ensure that geographical barriers and arbitrary limitations on the free flow of trade can be overcome.

Healthcare of prisoners in India


More than 10.2 million people are imprisoned over the world. A jail is a place where lawbreakers who commit horrible crimes are imprisoned and held captive. People have a misconception that criminals are sent to prison for a reason other than punishment. People have a typical perception that when a prisoner is incarcerated, he has lost his rights to liberty since he is compelled to live in a closed, constrained environment. According to the most recent numbers available for India (verified by World Prison Brief), the country has 4,78,600 inmates (including pre-trial detainees). The majority of Indian convicts are uneducated, poor, and belong to a marginalised social group with insufficient awareness of their health and lifestyle practises. As a result, they form a unique and vulnerable health population that necessitates specific treatment.
The problem of hygiene in India has been exacerbated by overcrowding. Conditions are deplorable in many jails. Even minimal amenities are not available in tehsil-level jails. In India, inmates are not even screened for certain infectious diseases, despite the fact that all prisoners are given a medical assessment when they start serving their sentence. At the national level, there have been no research on the prevalence of viral illnesses among inmates. Prisoners suspected of possessing contagious diseases are segregated according to Indian jail guidelines. A few jails have formed informal partnerships with medical and social service organisations to provide convicts with counselling in order to reduce illness spread.


There are numerous reasons for violence in prisons.

Conflicts can be sparked by ethnic tensions or rivalries between clans or gangs. Hostility among detainees is exacerbated by the cramped, frequently severely overcrowded housing circumstances. The monotonous jail atmosphere, a lack of mental and physical stimulation, and plain boredom all contribute to a build-up of frustration and anxiety. This setting encourages high-risk behaviours such as drug usage and male-on-male sex. Some people engage in these activities in order to avoid boredom. Others, on the other hand, are compelled to participate in them in order to earn power or money.


Inmates and communicable diseases
Overcrowding in India has increased the problem of sanitation. Many prisons have horrible conditions. At the tehsil level, even basic facilities are not available. Despite the fact that all detainees are given a medical check when they begin serving their sentence, inmates in India are not even examined for certain infectious diseases. Inmates are known to be susceptible to sexually transmitted infections (STIs), HIV/AIDS, Hepatitis B, and Hepatitis C. Detainees’ hostility is heightened by their confined, usually highly overcrowded living conditions.


Mental illness and suicide in Indian prisons
Another major public health concern is mental illness, which affects a large number of prisoners. It is crucial to detect and treat people with mental health illnesses for the sake of justice and to ensure the protection of basic human rights, which is a cornerstone of the Indian constitution and society. Mental diseases are three times more common in jails than in the general population, according to studies conducted around the world.


Conclusion
To test Indian medical students’ comprehension of prisoners’ health rights, a pilot survey was undertaken. According to the statistics, 91.8 percent of the students had received less than an hour of prisoner health education.
This data only reinforces the need for the government and medical institutions to develop specialised training that is sensitive to the needs of inmates and the prison environment.

Pardoning Power of President

Pardon
A pardon is a decision by the government or the executive branch to relieve a person of culpability for an alleged crime or other legal offence as though the act never happened.


Why do you need a pardon?
Individuals may be awarded pardons if they have proved that they have “paid their debt to society” or are otherwise deemed deserving.
Pardons are occasionally granted to people who were unfairly convicted or allege to have been wrongfully convicted.
Pardons are sometimes viewed as a means of combatting corruption, allowing a specific authority to bypass a broken legal procedure in order to release someone who has been wrongfully condemned.
The President of India has the right to give pardons, reprieves, respites, or remissions of punishment, as well as to suspend, remit, or commute the sentence of any person convicted of any offence if the sentence is a death sentence, according to Article 72 of the Constitution.


There are five main types of pardons that are legally required.
1. Pardoning someone means entirely absolving them of their wrongdoing and allowing them to go free. The pardoned felon will be treated as if he or she were a regular citizen.
2. Commutation refers to the process of changing the sort of punishment meted out to the guilty into a less severe one, such as a death sentence being commuted to a life term.
3. A guilty person is granted a reprieve from the execution of a punishment, usually a death sentence, to allow him time to ask for a Presidential Pardon or other legal remedy to show his innocence or effective rehabilitation.
4. Respite refers to a reduction in the severity or amount of a criminal’s sentence due to unusual circumstances such as pregnancy, mental illness, or other factors.
5. Remission refers to lowering the severity of a penalty without affecting its nature, such as decreasing a twenty-year sentence to ten years of hard incarceration.

Art. 72 specifies the kind of cases that can be made.

1. In all circumstances where the punishment or sentence is imposed by a court martial;
2. in all cases where the penalty or sentence is imposed for a violation of any law relating to an issue over which the Union’s executive power has jurisdiction;
3. in all cases when the sentence is a death sentence.

The Pardoning Power’s Characteristics
• The question is whether the President’s power to grant pardon is absolute or if it must be utilised on the suggestion of the Council of Ministers.
• The president’s power to pardon is limited. The Council of Ministers advises it.
• The constitution does not address this issue, yet it is a practical reality.
• Furthermore, there is no process under the constitution for challenging the constitutionality of decisions made by the President or governors exercising mercy power.
• However, in the Epuru Sudhakar case, the Supreme Court created a tiny window for judicial review of the President’s and governors’ pardon powers in order to rule out any arbitrariness.
• The court has previously decided that it retains the power of judicial review even when the matter is solely vested in the Executive by the Constitution.

Conclusions
The pardoning power is based on the consideration of the public interest and is to be used for the public good. In circumstances of wrongful conviction or miscarriage of justice, a pardon may be very helpful in preventing an innocent person from being punished. The prospect of being pardoned serves as an incentive for the criminal to conduct well in jail, and thus aids in the resolution of the prison discipline problem.

Concept of Gift (Hiba) Under Muslim Law

Introduction
A Muslim’s property can be devolved in a variety of ways. Property can be transferred inter vivos (gifted) or through testamentary dispositions under Muslim law (will). A disposition inter vivos is unconstrained in terms of quantum, and a Muslim can gift his entire estate during his lifetime, but only one-third of the total estate can be bequeathed by will. A gift, as a transfer of property, is traditionally controlled by the Transfer of Property Act of 1882.
Gift’s Definition and Meaning
A gift is a transfer of property ownership from one live person to another living person for no monetary payment. Gifts are referred to as ‘Hiba’ in Islamic law. To be more specific, the term “gift” has a broad connotation and refers to all types of non-monetary transfers of ownership. The term ‘Hiba,’ on the other hand, has a limited meaning. It is primarily transmitted inter vivos, or between living individuals.

Characteristics of a Hiba
Following an examination of the definitions and meanings, the following notable elements of Hiba emerge:

1. Hiba is a property transfer that occurs as a result of the parties’ actions rather than by operation of law. It means that any property transfer made by a court of law or any transfer of ownership made under Islamic law will not be considered Hiba.
2. A living Muslim can willingly transfer ownership of any property to another living individual under Hiba. As a result, it is an inter vivos transfer.
3. The transferor conveys absolute ownership of the property to the transferee, who receives full title to the property. Under Islamic law, the notion of Hiba is opposed to conditions, restrictions, or partial rights in a bestowed property.
4. Hiba goes into effect right away and takes away the transferor’s control and ownership of the property. Furthermore, because the property is instantly transferred to the transferee, it must exist at the time of the gift. The phrase “void” refers to a donation made for a future property.
5. A Hiba is a property transfer that takes place without any consideration. A transfer of property is not a gift if the transferor receives something of value in return or exchange.


Donor Competency: Capacity and Authority
The person who declares a donation is referred to as a donor. To make a gift, a person must be competent. A competent donor is any Muslim, male or female, married or single, who has reached the age of majority and is of sound mind. The age of majority for the purpose of making a gift is 18 years old, or 21 years old if he is under a certificated guardian.


Gift Types
Hiba-il-iwaz
Hiba ba Shart ul Iwaz


Hiba-il-iwaz
Hiba refers to a gift, while iwaz refers to a consideration in Islamic law. As a result, hiba-il-iwaz refers to a present offered in exchange for a previously provided consideration. There is no system in place under any of the laws that provides for a reward for a gift. However, there is a gift-exchange system in Muslim law.
Hiba-ba-Shart-ul-Iwaz
It refers to a gift that is given with the expectation of a return. In this situation, the donee does not pay the consideration of his own volition; rather, it is paid since it is a necessary requirement.

The following are the requirements for a valid Hiba-ba-Shart-ul-Iwaz:

1.First and foremost, the transfer of ownership is crucial; it is revocable until the iwaz is paid.
2.Second, once the iwaz is paid, it is no longer reversible.
3.Finally, when an Iwaz transaction is finalised, it takes on the character of a sale.


Conclusion
The concept of gifting is a long-standing tradition that dates back to our forefathers. When considering the 1882 Transfer of Property Act, the terms “Hiba” and “gift” have various meanings. Hiba is controlled by Islamic law. So, as we’ve established in this paper, there are three requirements for a legitimate gift:

The donor makes a gift declaration.
The donee’s acceptance of the gift.
The donor’s transfer of ownership and the donee’s acceptance of it.
The donor’s purpose to transmit the property must be genuine.

Love Jihad



As we all know, a few days ago in Uttar Pradesh, police come and allegedly beaten up a Muslim guy and halted his marriage because the police received false and unauthentic information that a Muslim man and a Hindu girl were marrying after a Dalit girl converted her faith from Hindu to Muslim. This is not the only incident like this that has occurred; there have been numerous incidents in this country where Muslim men have been repeatedly beaten up by the police based on false information and rumours, and now there is a widespread belief that marrying a Hindu girl to a Muslim man should be prohibited. As a result, exploitation of a particular religious community happens in India, and political parties have been subjected to numerous Interfaith issues, with political leaders profiting from the proclamation of Love Jihad.

What is Love Jihad? Radical Hindu organisations have coined the phrase “love jihad” to refer to an alleged campaign by Muslim men to convert Hindu girls under the guise of love.


What is the law of ‘Love Jihad’?
The infamously known as the ‘Love Jihad’ law, the “UP Vidhi Virudh Dharma Samparivartan Pratishedh Adyadesh 2020” (prohibition of unlawful religious conversion), states, among other things, that a marriage will be declared null and void if the “sole intention” of the same is to “change a girl’s religion.” The Uttar Pradesh Cabinet approved a law that divides punishment and fines into three categories. Madhya Pradesh, Haryana, and Karnataka, all BJP-ruled states, are currently considering legislation to outlaw “forcible conversions” through marriage.


The origin of the phrase “love jihad” is as follows:
In the year 1924, an event occurred in Kanpur in which a Muslim bureaucrat was accused of kidnapping and wooing a Hindu woman before forcibly converting her to Islam. This phrase came to the public’s attention in 2009 as a result of several developments in Karnataka and Kerala.



Conclusion
In my opinion, there is no need for a legislation, and the way forward is to pass an honest law that deals with inter-religious marriages that do not require a man or woman to convert, i.e., inter-religious marriages that do not require any conversion. Fundamentally, we need to enhance the Special Marriage Act of 1954. Because this is the only rule that permits inter-caste and inter-religious marriages without requiring conversion, However, there is a problem with this Act: unlike other personal laws, where you can get married in a jiffy, if you marry under the special marriage act, you must give a notice of 30 days. After 30 days, you can come in and they will register your marriage, but your marriage application will be prominently displayed at our office, infringing on that individual’s right to privacy.

Net Neutrality: A Public Demand

Net neutrality refers to the idea that internet service providers such as Comcast and Verizon should treat all material passing through their cables and mobile towers identically. That means they shouldn’t be allowed to put some information in “fast lanes” while restricting or discriminating against other information. To put it another way, these firms shouldn’t be able to prevent you from using Skype or slow down Netflix or Hulu in order to persuade you to keep your cable subscription or switch to a competing video-streaming provider.
Net neutrality proponents have long claimed that maintaining an open internet is essential for innovation. New enterprises and technologies may never have a chance to thrive if broadband providers pick favourites online. We might not have Netflix or YouTube today if internet providers had prohibited or severely curtailed video streaming in the mid-2000s.


Net Neutrality’s Background
In a 2003 paper about online discrimination, Columbia University law professor Tim Wu invented the phrase “network neutrality.” Some broadband providers, such as Comcast, prohibited users from using virtual private networks (VPNs), while others, such as AT&T, prohibited users from utilising Wi-Fi routers. Wu was concerned that broadband providers’ proclivity for limiting new technology would stifle innovation in the long run, and he called for anti-discrimination legislation.

Net Neutrality’s Long-Term Prospects
Congress, the courts, and the states are now in charge of the future of net neutrality. In January 2018, twenty-one state attorneys general, as well as many consumer advocacy groups, sued the FCC to overturn the new rules and reinstate the old ones. In 2019, a federal court ruled in favour of the FCC, but it said the agency couldn’t override state-level net neutrality rules.

Benefits and Drawbacks of Net Neutrality


Benefits
Smaller businesses will be more inclined to enter the market and establish new services if ISPs are not allowed to dictate the speed at which consumers can access specific websites or services, according to proponents of network neutrality. This is due to the fact that smaller businesses may not be able to purchase “fast lane” access, whereas larger, more established businesses can.
Human rights organisations, consumer advocates, and software businesses are among many that support net neutrality, believing that an open internet is essential for democratic interchange of ideas, free expression, fair corporate rivalry, and technical innovation.


Drawbacks
Net neutrality opponents argue that requiring ISPs to treat all traffic equally will hinder investment in new infrastructure and make it difficult for them to innovate. The upfront expenses of laying fibre optic wire, for example, can be quite high, and critics contend that without being able to charge more for that level of connectivity will make it more difficult to recover the investment.
Conservative research institutes, hardware corporations, and big communications providers are all against the open internet. The providers say that they need to be able to charge tiered fees for access in order to remain competitive and raise funds for additional broadband network innovation and growth, as well as to recoup expenditures already spent on broadband.

Necessity of Uniform Civil Code

WHAT DOES IT MEAN TO HAVE A UNIFORM CIVIL CODE?
In this context, a uniform civil code refers to a single law that applies to all Indian citizens in personal concerns including marriage, divorce, custody, adoption, and inheritance.

Its goal is to replace the current system of disjointed personal rules that govern interpersonal relationships and associated matters within religious groupings.
“The state shall seek to provide for the citizens a uniform civil code across the territory of India,” says Article 44 of the Indian Constitution. In view of Article 44 of the Indian constitution, it is sometimes questioned if it is not past time for India to adopt a uniform civil code. Personal laws are civil laws that deal with issues like marriage, divorce, custody, adoption, and inheritance, among others. The article, as one of the state’s directive principles, should be “enjoyed” rather than “pressed” onto any society or communities. However, many important concerns must be answered before such a code may become a reality.


A civil code that is consistent is required.
Almost every country on the planet has a civil code that applies to all of its residents. The fundamental goal of developing an universal civil code is to eliminate religious discrimination. Almost every religion’s personal law has been used to oppress women, with the majority of cases using religious and societal responsibilities as justifications. Gender discrimination has always been exacerbated by personal laws. The constitution’s promise of a uniform civil code has become a highly sensitive and contentious issue that has always been communalized by those with vested interests.


How has the Supreme Court dealt with the UCC issue?

Since its decision in the Shah Bano Case in 1985, the Supreme Court has focused on the UCC in numerous of its decisions. In several of these cases, the court favoured a common law system for all citizens and reminded Parliament of Article 44’s spirit. The Supreme Court, on the other hand, stayed within its constitutional bounds by refusing to provide any positive directives to the administration in this regard, emphasising that lawmaking is solely the province of Parliament.


Suggestions for Implementing a Uniform Civil Code include the following:

The following ideas must be considered immediately in order to achieve the DPSP’s goals and maintain legal uniformity:

• People should be encouraged to have a progressive and open-minded mindset in order to grasp the spirit of the UCC. •Education, awareness, and sensitization programmes must be implemented to achieve this.
• The Uniform Civil Code should be written with the greatest interests of all religions in mind.
• To maintain uniformity, a committee of distinguished jurists should be formed, and care must be taken not to offend the feelings of any particular group.
• Given the sensitivity of the subject, it is always preferable if the initiative comes from the religious groups involved.



CONCLUSIONS
Article 44 of the Indian Constitution mandates that the state ensure a Uniform Civil Code for all Indian nationals across the country’s territory. As previously said, India is a unique blend and fusion of Hindu, Muslim, Christian, and Parsi codified personal laws.

However, there is no unified family-related law for all Indians in a single legislative book that is acceptable to all religious communities that coexist in India. The issue is not one of minority protection or even national unity; rather, it is one of treating each human being with the respect that he or she deserves, something that personal laws have failed to do thus far.

Drone Technology


Unmanned aerial vehicles (UAVs), sometimes known as “drones,” are aircraft that have been in use since the early 1900s but do not have human pilots. Drones’ role developed to include not only more specialised military activities but also civilian applications as the digital revolution brought in tiny microprocessors and the ability to communicate over vast distances. Drones are frequently equipped with a variety of sensors, including GPS navigation systems, TV cameras, image intensifiers, radars, infrared imaging devices, and lasers, to aid in round-the-clock monitoring and targeting. Drones used by the military are also outfitted with laser-guided missiles.


Drones are classified into several types.
A drone can operate in one of two modes:

Preprogrammed to run autonomously without human involvement or remotely operated by a pilot sitting in a faraway place.
Drones can be divided into two categories: surveillance drones and unmanned aerial vehicles (UAVs).
Drones with fixed wings and rotors.


The following are a few examples of drone applications in India:

Development of the city
•Drones are being used by the Andhra Pradesh government to monitor development efforts in the capital city region, namely Amaravati, through dron-ebased outputs.
•The Karnataka government is deploying drones as part of a pilot project to estimate property taxes and create a base map of a city or town for detailed planning and long-term governance.
•Drones have been used by the Chandigarh administration as part of a pilot project to gain an overhead view of all properties in the city.


Transport
•Drones were employed to monitor the 25-kilometer Seawoods-Belapur-Uran15 corridor by the Indian Railways.
•The National Highways Authority of India (NHAI) has used drones to check accuracy in the Salem-Chennai green corridor highway project.
•The Maharashtra government has deployed two drones as part of a trial project to monitor weekend rush hour traffic and accidents on the 95-kilometer section of the Mumbai-Pune Expressway between the Lonavala Exit and Khalapur Toll Plaza, as well as the six-lane Mumbai-Pune Expressway.

Agriculture
•In 2016, a general insurance firm used drones to analyse crop damage caused by floods in a specific district in Maharashtra.
•Drones were employed by the Maharashtra government above farms in the Marathwada region to estimate crop loss due to low rainfall.
•Drones are being used by individual farmers in Andhra Pradesh’s capital region to spray crop pesticides and fertilisers in limited crop zones.

Management of Natural Disasters
•In flood-ravaged Uttarakhand, the National Disaster Management Authority (NDMA) used four drones to scan areas where search and rescue crews couldn’t get to.
•In Mandi, Himachal Pradesh, the National Disaster Relief Force deployed drones to track down 24 engineering students from Hyderabad who were swept away by the Beas river.
•Several agencies used drones to seek for survivors to document toppled monuments, shattered heritage sites, and destroyed homes during the Nepal earthquake.


Conclusion
Drone technology implementation necessitates a collaborative and inclusive approach that includes governance, strategic planning, security, legislation, and correct awareness. The successful adoption of drone technology necessitates the involvement of a variety of stakeholders.

Police Reform in India


The police are a subject that is governed by states under the Constitution. As a result, each of the states has its own law enforcement agencies. The centre is also permitted to maintain its own police forces in order to help states in maintaining law and order. it keeps seven core police units and a few additional police organisations for specialised responsibilities like intelligence collecting, investigation, research and record-keeping, and training.
The primary function of police forces is to uphold and enforce laws, investigate crimes, and protect public safety. To effectively fulfil their function in such a huge and populous country as India, police forces must be well-equipped in terms of people, weaponry, forensics, communication, and transportation support. They also require operational flexibility to carry out their obligations competently, as well as favourable working conditions (e.g., regulated working hours and advancement chances), while being held accountable for bad performance or abuse of authority.


In September 2006, the Supreme Court issued a landmark decision ordering all states and union territories to implement police reforms. The Supreme Court issued a ruling in which it ordered states and union territories to follow seven binding directions that would kick-start changes.

The following are the six directives:

1. Limit political influence: Make sure the state government does not exert undue influence or pressure on the police.

2. Ensure that the Director-General of Police is appointed through a merit-based, transparent process and that he or she has a minimum tenure of two years.
3. Fix a minimum tenure: Ensure that other operational police officers (such as Superintendents of Police in charge of a district and Station House Officers in charge of a police station) have a minimum term of two years.
4. Separate the tasks of investigating and preserving law and order in the police force.

5. Set established a Police Establishment Board to decide and make recommendations on transfers, postings, promotions, and other service-related matters for police officers up to and including the rank of Deputy Superintendent of Police.
6. Establish a Police Complaints Authority in each state: A Police Complaints Authority should be established at the state level to investigate public complaints against police officers with the rank of Superintendent of Police and above in cases of serious misconduct, such as custodial death, grievous bodily harm, or rape in police custody.


A question is Aries “Why we need Police Reforms?”
Let’s look at some of the grounds for police reform in more detail:

Colonial Law: Even though our police are still founded on colonial law, we are aware that the British have used police as an instrument to stifle people’s voices and for personal purposes, and that our revered government is doing the same.

Custodial Death: There have been numerous occurrences of custodial death, which refers to death in police/judicial custody as a result of torture or pressure. The Supreme Court of India issued a guideline against custodial death in the D.K. Basu judgement in 1996-1997.

The “United Nations Convention on Torture” has only been signed by India, but it has yet to be passed by Parliament. Even while there is no formal legislation against torture, we do have judgement.

Political Interference: Due to the interference of political leaders, police officers are unable to carry out their duties. For officers in higher positions, there is no minimal tenure security or even posting security.


Conclusion


At this moment, India requires police reforms so that people perceive police as a resource rather than a burden. However, due to personal interests, the government is not putting it into effect. I hope that the administration recognises the need for police reforms in today’s society and works to implement them.