Day: February 3, 2015

The Relationship Between Dowry and Poverty

As stipulated in the Dharmasasthra, Kanyadan is a meritorious act and it is not complete until a bridegroom is given Dakshina while performing and solemnizing the ceremony. However, in the course of time, the voluntary element associated with Varadakshina during Kanyadan has disappeared and the coercive element has crept in. It has taken deep roots not only in the marriage ceremony but also extended to the post-marital relationship. The concept of dowry has therefore evolved into a completely different notion than tradition once prescribed.

Research has shown that moderately poor families struggle to raise dowry through several different mechanisms, including taking multiple loans from micro finance institutions or by selling their assets. In comparison, the extreme poor adopt a different set of coping mechanisms such as child labour, informal loans on high interest etc. The fact that it is related to capability approach and capability deprivation in a broader sense cannot be neglected. To gain a better understanding of the same, the study of relationship between dowry and poverty therefore become essential.

Doctrine of Indoor Management

By Aman Sachan, RMLNLU, Lucknow Editor’s Note: The paper is on the topic of Indoor Management, which is a concept protecting good faith action on behalf of a person contracting with a company. The analysis is furthered by looking at how the Indian Judiciary has looked at the concept. INTRODUCTION […]

Critical Analysis of Selvi v. State of Karnataka

By Supallab Chakraborty, Symbiosis Law School, Pune “Editor’s Note: The paper is a critical analysis of the landmark judgment of Selvi v. State of Karnataka inasmuch as it deals with the evidence given by narco-analysis, FMRI and polygraphs to be inadmissible.“ INTRODUCTION “It has become appallingly obvious that our technology […]

Comparative analysis of P.V. Narasimha Rao v. State and U.S. v. Brewster

Supallab Chakraborty Symbiosis Law School, Pune “Editor’s Note: The paper is a comparative analysis between the cases of P.V. Narasimha Rao v. State and U.S. v. Brewster” INTRODUCTION Indian Legislature always has had a soft corner for those who are occupying seats in government offices acquired by them by means […]

Comparison and critical analysis of the rape laws before and after the Criminal Law Amendment (2013)

Satwik Singh WB NUJS “Editor’s Note: The paper is a comparison and a critical analysis of the rape laws in India before and after the Criminal Law Amendment Act of 2013 which not only introduced many new sexual offences but also made punishments and penalties more stringent in an effort […]

Public Opinion in Sentencing Policy: The Need of the Hour

Sentencing of a convict basically embarks the culmination of the judicial process which begins with the detection, enforcement of the law, prosecution and adjudication. Thus the importance of Sentencing lies in the fact that it becomes the face of Justice and a future deterrent for the prospective offender of law. Informed Public Opinion should be involved right at the beginning of the formation of Sentencing policy so that a consensus can be arrived at about its actual objective. A well-managed Public debate should be initiated by the authorities on various platforms as it will not only help to remove the Iron Curtain between the Courts and the society but will also improve the level of acceptance of the Court’s decision regarding sentencing by the people at large.

Working Through A Democratic Constitution: The Indian Experience

Democracy is a form of government in which all eligible citizens directly or indirectly participate in the law making. It first appeared in Greek thoughts as ‘demokratia’ which means – rule of the people. In the South Indian kingdom of Cholas in Tamil Nadu, an electoral system existed around one thousand years ago. In the modern era, democracy survives on morality and legality. The Constitution provides stability and growth without the destruction of human values. However, to keep pace with the changing times, the Constitution must be amended as well, but in a way that its basic structure and essential features remain intact.