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Capital Punishment: Should it be abolished and its status in India?

thelawwaywithlawyers@gmail.com January 5, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 , JANUARY 5 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Capital Punishment: Should it be abolished and its status in India? Satakshi Dubey BA.LLB Symbiosis Law School, Hyderabad. Abstract Over the years many nations has abolished capital and has recognises the capital punishment as a violation of universal human rights, right to life, freedom from cruel, inhuman, tortuous punishments and also violation of international human rights institutions that advocates for the abolition of capital punishment and treaties. This article aims to understand about the status of capital punishment around the world and also to analyse the extent to which capital punishment has been restrained. “More than 70% of the countries in the world have abolished the capital punishment, although it is still employed in some countries like China, Japan, USA, and, Saudi Arabia etc. and many of these nations acknowledges that the capital punishment should be applied carefully, thoughtfully and with all necessary precautions to protect any person or accused from the abuse, misuse and, erroneous conviction. Although capital punishment is not completely abolished from the world but it is used as rarest of the rare cases. The article also studies the various reasons why the capital punishment is supported or opposed? At last, we will look into the comprehensive status of stand of India on capital punishment and its legal stands and grounds. Keywords: Capital punishment, death penalty, accused, wrongdoer, countries Introduction Basically punishments are the result of the offence committed by any person. The basic aim of punishments is to deter the wrongdoer and reform them as a normal law-abiding citizen of the society. Punishments are based on the different types of theories of punishment and society of any nation. Capital punishment also known as death penalty which means a legal authority to cease or sanctions any person’s right to life and liberty. Capital punishment is foremost used in the most heinous crimes and in India in the rarest of rare crimes. Capital punishments are generally imposed a country’s governing authorities and it is the highest punishment that could be awarded in any legal system. Historically, also there is no country in this world that didn’t have provisions or punishment of death penalty and the history of death sentence are dated back in 8th century B.C. Many philosophers have given different theories of punishment which describes the form of the punishments and reason behind them. Deterrence theory: this theory uses punishment as a threat to deter further or future offences. Retributive theory: this theory emphasises punishment as an ethical and moral reaction to the transgression, aiming to make balance between justice and punishment by applying a sentence that is proportional to the damage done. Rehabilitation theory: this theory makes a strong emphasis on helping criminal change and become a law-abiding member of the society by providing them with counselling, education, therapy etc and other forms of support, and etc. these are the some theories of the punishments. The capital punishment come under the deterrent theory of punishment as it aim to set an example to prevent the future crimes. World’s countries on capital punishment Total ninety-eight nation has eliminated the death penalty, for any and all crimes, regardless of whether they were committed during a time of peace or conflict, or in accordance with civil or military criminal codes. “As per the Amnesty International 2014 report on the execution of capital punishment found that there was total 778 execution of death penalty which were reported from 22 countries in the year 2013 and, 369 executions from 96 countries. Iran has highest number of execution, followed by Iraq, which is more than 169 executions, Saudi Arabia, more than 79 executions, and then USA with more than 39 executions per year.” Although so many countries still use capital punishment but there are so many countries who are already abolished the death penalty either completely or partly. India has not completely abolished the capital punishment but they apply a doctrine of rarest of the rare which simply says that death penalty should only be awarded in extreme circumstances and on the extreme nature of offence committed. “In the Bacchan v. State of Punjab case, the Doctrine of Rarest of Rare was established. In this decision, the Supreme Court attempted to eliminate a doctrine, specifically for crimes punishable by death, to lessen the uncertainty for judges about when to apply the worst penalty possible. By a vote of 4 to 1, the Supreme Court maintained the death penalty’s legitimacy and established the rule that it should only be used in the rarest of rare cases.” Capital punishment in India The Indian penal code only award death penalty on some certain offences. The Indian constitution under article 21 gives a fundamental right to life and liberty to every person and further it specifically mentions that no person whether the citizen of India or not shall not be deprived of right to life and liberty but except the procedures which are established by law. Over the year India has also made major changes in their criminal laws, like recording the specific reasons by the judges for awarding death penalty, and not awarding the alternate punishment. Establishing the doctrine of rarest of the rare in any case, then if any alternate punishment is given in the law for death penalty then shall always try to choose the alternate punishment mentioned. “The court established a set of standards in the Macchi Singh case to determine when a case qualifies as the rarest of rare. Below is an analysis of the criteria: 1. Manner of commission of murder – When the murder is carried out in a way that awakens fierce and extreme indignation of the community by being incredibly cruel, ridiculous, diabolical, revolting, or reprehensible; 2. Intention for the act of murder – In cases where the murder is motivated by extreme brutality and depravity, 3. The crime’s socially

LGBTQI+ Rights; Gender-Based Violence, Discrimination & Equal Pay

thelawwaywithlawyers@gmail.com December 25, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-6 ISSUE NO:- 6 , DECEMBER 25, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com LGBTQI+ Rights; Gender-Based Violence, Discrimination & Equal Pay ABSTRACT: This discussion explores the multifaceted issues surrounding LGBTQI+ rights and gender equality, focusing on the intersecting challenges of discrimination, gender-based violence, and the ongoing struggle for equal pay. Delving into the complex landscape of human rights, the discourse highlights the importance of fostering inclusivity and understanding within society. It investigates the persistent barriers faced by the LGBTQI+ community, shedding light on discriminatory practices and the imperative for legal and societal reform. Additionally, the conversation addresses the pervasive issue of gender-based violence, examining its root causes and proposing strategies for prevention and intervention. Furthermore, the discussion critically examines the existing gender pay gap, emphasizing the need for proactive measures to ensure equitable compensation for all genders. Through this exploration, the abstract underscores the interconnected nature of these issues and advocates for a comprehensive approach toward building a more just and inclusive society. KEYWORD: LGBTQI+ Community, Equal Pay, Gender-based Violence. INTRODUCTION: In contemporary society, the pursuit of human rights and equality stands as a pivotal challenge, with specific emphasis on LGBTQI+ rights, gender-based violence, discrimination, and the ongoing struggle for equal pay. This introduction serves as a gateway to a nuanced exploration of these interconnected issues, aiming to dissect the complexities, illuminate prevailing challenges, and advocate for a more inclusive and equitable future. The LGBTQI+ community continues to grapple with discrimination and marginalization, necessitating a closer examination of the legal, social, and cultural barriers hindering their full participation in society. Simultaneously, gender-based violence remains a pervasive global concern, demanding comprehensive analysis to identify its roots and effective strategies for prevention and intervention. Gender discrimination extends its reach into the economic realm, perpetuating the gender pay gap. This introduction sets the stage for an in-depth exploration of the multifaceted challenges facing marginalized communities, emphasizing the need for holistic approaches to dismantle discriminatory practices, eradicate violence, and establish fair economic landscapes. What Do You Understand by Gender – Based Violence: Gender-based violence (GBV) refers to any harmful act that is perpetrated against an individual or group of individuals based on their gender or sex. It is a form of discrimination that targets individuals specifically because of their gender, and it is rooted in unequal power dynamics between genders. Gender-based violence can affect anyone, but it disproportionately impacts women and members of the LGBTQI+ community. Key forms of gender-based violence include: Physical Violence: Any form of physical harm or force, such as hitting, slapping, kicking, or other types of physical abuse. Sexual Violence: Acts of a sexual nature that are committed against a person without their consent. This includes rape, sexual assault, and other forms of non-consensual sexual acts. Emotional or Psychological Violence: Inflicting emotional or psychological harm through tactics such as intimidation, verbal abuse, humiliation, or controlling behavior. Economic Violence: Controlling a person’s access to economic resources, employment, or financial independence as a means of exerting power and control. Cultural or Traditional Violence: Harmful practices rooted in cultural or traditional norms that perpetuate discrimination and violence based on gender, such as female genital mutilation or honor killings. Gender-based violence can occur in various settings, including the home, workplace, community, or during armed conflicts. It is a violation of human rights and has severe consequences for the physical, emotional, and mental well-being of survivors. Efforts to address gender-based violence involve legal reforms, awareness campaigns, support services for survivors, and broader societal changes to challenge and dismantle ingrained gender norms that perpetuate violence. Why is gender-based violence a problem? Gender-based violence is a human rights violation It is an unrelenting assault on human dignity, depriving people of their human rights. Freedom from violence is a fundamental human right, and gender-based violence undermines a person’s sense of self-worth and self-esteem. It affects not only physical health but also mental health and may lead to self-harm, isolation, depression and suicidal attempts. Gender-based violence threatens a person’s physical and psychological integrity Everyone has the right to feel safe and secure, and where this is not present, people’s ability to function in the family, community and society is likely to be impaired, as self-realisation and development are affected. Gender-based violence is an obstacle to the realisation of every person’s well-being and to their right to fulfilment and self-development. Gender-based violence is discrimination It is deeply rooted in harmful stereotypes and prejudices against women or other people who do not fit into a traditional gender binary or heteronormative society. For that reason, gender-based violence can have the effect of pushing women and others who are affected to the margins of society and making them feel inferior or helpless. In the case of men who do not act according to dominant masculine gender roles, gender-based violence has the function of correction by example. The severity of the ‘punishment’ for men who do not act according to expectations concerning male gender roles (whether gay, bisexual or heterosexual) may be related to the perceived danger that their difference presents to normalised and dominant assumptions about gender. Their very lives might collide and appear to contradict the idea that there are natural forms of behaviour and social roles in general for men and women. Gender-based violence is an obstacle to gender equality Gender equality is central to safeguarding human rights, upholding democracy and preserving the rule of law. Gender-based violence contributes to cultivating a heteronormative society and perpetuates the power of men. Gender equality, on the other hand, entails equal rights for people of all genders, as well as equal visibility, and equal opportunities for empowerment, taking responsibility and participating in all spheres of public and private life. Gender equality also implies equal access to, and equal distribution of resources between women and men. Gender-based violence is under-reported and there is often impunity for perpetrators Common myths, such as that ‘what happens at home should stay at

CHILD LABOUR LAWS UNDER INDIAN LEGAL SYSTEM

thelawwaywithlawyers@gmail.com December 17, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 , DECEMBER 17, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com CHILD LABOUR LAWS UNDER INDIAN LEGAL SYSTEM Authored by:- Muskaan Garg B.A LLB Gitarattan International Business School ABSTRACT Child labour means working of children or forced them to do work for the earnings. Child labour is still prevalent in India especially in pastoral areas. Children used to work due to numerous reasons similar as poverty, unemployment, lack of good schools etc. not only that child labour is very harmful as it affect the physical as well as the internal development of the child. Indeed by this their childhood is also destroying. We have seen on roads that how they used to do beggar so that they can fulfil their basic needs. Many children do work so that they can earn and fulfil their family with that earnings. The primary end of this composition is to colourful vittles and legal fabrics in India legislated to help child labour. It also shed lights on various challenges that hamper the goal of child labour in India. This article gives an outstanding view on the child labour and their major problems. It also give the measures or the policies taken by the government of India to control this. Its high time to understand the concept of child labour in rural areas especially. -Keyword: Child labour, children, India INTRODUCTION Child labour is principally that work that deprives the childhood, their growing years not only that it even harm physical and mental development due to this they won’t be able to grow properly. They don’t even get the environment as they grow up in the backward society where from the Day of birth they were told to work and help their family. The girl child was born then she was forced to do work and taught her to do all the household work because she was born to do that task. Child labour is one of the most important factor for the overall development of country. As if the children work and not get education then the country economy can’t be boost. As youth are the upcoming future if the country and if they are not there then one country can’t be developed. Even many acts were passed where it was mentioned that all those who employed children of below 14years of age are punishable by law. In this composition it also tells about the condition of the children whom are working and how the government take initiatives to control this. As it was the one of the human trafficking too that people used to do with them. Many amendments and acts were passed to control this. So that they can secure the future of the youth of India. As they were the one who boost the Indian economy in later times. Even right against exploitation is one of the basic fundamental right which was guaranteed in the Indian constitution. Despite its efforts and numerous legal frameworks, India continues to lag behind many other countries in achieving this. CHILD LABOUR AND CAUSES TO INDIA “Child” as defined is a person who has not completed the age of fourteen years. A child of such tender age is expected to play, study and be carefree about his life. Children’s work needs to be seen as happening along a continuum, with destructive or exploitative work at one end and beneficial work – promoting or enhancing children’s development without interfering with their schooling, recreation and rest – at the other. And between these two poles are vast areas of work that need not negatively affect a child’s development. Child labour in earlier times was a practised which was done so that their children can be engaged in the profitable or non-economic activities and induce the income for the same. By birth this was made them clear that their duty is to serve the family and take over the family needs. By this their physical and internal development got worse. Due to this their childhood, which was the most pivotal period of the child was taken down as in that period only their body grow. The term child labour is defined for the work that would restrict children from entering education. Children by this move to various hazardous work which may cause serious illness and occasionally that also lead to death. In India, the slavery system leads to child labour by instilling in families the belief that females are burden. As utmost of the times child labour was done by the females of the family. By birth it was clear in pastoral families that they were meant to do household and serve family in every way possible and if they didn’t do so then they were also held liable for all the task. India has been furnished with numerous reforms for the upliftment of children and has created a huge impact in tackling the problem of child labour but still, there has not been a complete eradication of child labour and the problems continue. CAUSES OF CHILD LABOUR POVERTY Poverty has direct link with child labour. As families in rural areas are poor and they made their children as the source of income so that they can fulfil all the needs of them. These families have to survive, so to survive only they used their children and made them do the dangerous work, even sometimes risking their life. This was seen in the developing countries where they cannot control the population, as in rural areas their family members are large in number. PREVIOUS DEBTS So as their conditions are not good they used to borrow money from the moneylender. If they won’t be able to pay off the debt they have taken on the high interest rate then they have to sell their children to pay the debt or to leave their house and gave it to the moneylender. Due to insufficiency

THE SCOPE OF JUDICIAL REVIEW AND THE ROLE OF COURTS

thelawwaywithlawyers@gmail.com December 15, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-6 ISSUE NO:- 6 , DECEMBER 15, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com THE SCOPE OF JUDICIAL REVIEW AND THE ROLE OF COURTS Authored By- Shivanshi Shukla University of Petroleum and Energy Studies, Dehradun INTRODUCTION Judicial review is a cornerstone of constitutional democracies worldwide, providing a mechanism for courts to assess the constitutionality and legality of governmental actions, legislation, and executive decisions. The concept of judicial review and the role of courts in enforcing it are fundamental pillars of modern democratic systems. It serves as a powerful check on the exercise of government power, ensuring that such exercises align with constitutional principles and do not infringe upon individual rights, and empowers courts to review the constitutionality of laws, executive actions, and administrative decisions, ensuring they adhere to constitutional principles and do not infringe upon individual rights. This article aims to explore the scope of judicial review, tracing its historical development, and understanding its significance in upholding democracy and preserving the rule of law. Additionally, it will analyse the role of courts in interpreting laws, adjudicating constitutional disputes, and shaping the legal landscape of nations. Historical Evolution of Judicial Review: The concept of judicial review traces its roots to ancient civilizations like Greece and Rome, where some form of judicial oversight over government actions existed, and, there were rudimentary mechanisms for scrutinizing government actions. However, it was the landmark case of Marbury v. Madison in the United States in 1803 that laid the foundation for modern judicial review. Chief Justice John Marshall’s ruling established the principle of judicial review in the U.S. by declaring that the Supreme Court has the authority to review the constitutionality of legislative acts and executive actions. The Scope of Judicial Review: The scope of judicial review varies across jurisdictions and can be broadly categorized into the following types: Review of Legislation: Courts assess the constitutionality of laws passed by the legislature to ensure that they do not violate the fundamental principles enshrined in the constitution. When presented with a constitutional challenge, courts interpret the provisions of the constitution and evaluate whether the law in question aligns with its principles. If found unconstitutional, the law is deemed null and void. This type of review involves interpreting the constitution and applying its provisions to the law in question. Review of Executive Actions: Courts scrutinize the actions of the executive branch to determine if they comply with the law and do not exceed their legal authority. This includes executive orders, administrative decisions, and government policies. The purpose is to ensure that the executive does not exceed its authority and that its actions are consistent with the law and the constitution. Review of Administrative Decisions: In addition to legislative and executive actions, judicial review extends to administrative decisions made by government agencies. Courts assess whether these decisions adhere to the established legal standards, follow due process, and are not arbitrary or capricious. Review of Constitutional Amendments: In some countries, courts may have the authority to review constitutional amendments to ensure they do not undermine the core principles of the constitution itself. This is particularly crucial in nations with rigid constitutions that cannot be easily amended. Principles Governing Judicial Review: Constitutional Supremacy: Judicial review operates on the premise that the constitution is the supreme law of the land, and all governmental actions must comply with it. If a law or action contradicts the constitution, it is deemed unconstitutional and nullified. Separation of Powers: The doctrine of separation of powers plays a pivotal role in judicial review. It necessitates an independent judiciary that can impartially assess the actions of the executive and legislative branches. This ensures a system of checks and balances and prevents the concentration of power in any one branch of government. Judicial Independence: To ensure the effectiveness of judicial review, courts must be independent of external influences and pressures. This independence safeguards the integrity of the judiciary and its ability to render impartial decisions, free from political interference. Stare Decisis: The principle of stare decisis, or precedent, ensures that courts follow prior decisions when addressing similar legal issues, promoting consistency and predictability in the judicial system. Strict vs. Broad Constructionism: Different countries adopt varying approaches to judicial review, ranging from strict constructionism, where courts interpret the constitution narrowly and defer to the legislature, to broad constructionism, where courts actively interpret the constitution’s principles and expand individual rights. The Role of Courts in Upholding Democracy and Justice: Protecting Individual Rights: Courts act as guardians of individual rights, safeguarding them from potential infringements by the government or other entities. Through judicial review, courts can strike down laws and actions that violate constitutional rights such as freedom of speech, equality, privacy, and due process. Safeguarding the Rule of Law: Judicial review reinforces the principle that all government actions must adhere to established laws and constitutional principles. This ensures that public officials are held accountable for their actions and prevents abuses of power. Resolving Constitutional Conflicts: Courts play a vital role in resolving conflicts between different branches of government or conflicts arising from constitutional ambiguities. Their decisions help establish legal precedents that guide future interpretations of the law. Balancing Public Interest and Individual Rights: Courts face the delicate task of striking a balance between public interest and individual rights. They must ensure that the majority’s interests are not allowed to trample upon the rights of minorities. Judicial Activism vs. Restraint: The extent to which courts engage in judicial review can vary between judicial activism and judicial restraint. Judicial activism involves the active interpretation and enforcement of constitutional principles, even if it means overruling legislative decisions. Judicial restraint, on the other hand, involves a more cautious approach, where courts defer to the legislature unless there is a clear constitutional violation. Models of Judicial Review: American Model: The United States follows a

ACID ATTACK: A RISING CRIME AGAINST WOMEN

thelawwaywithlawyers@gmail.com December 10, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-6 ISSUE NO:- 6 , DECEMBER 10, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com BY SURBHI YADAV (LLB, 5TH SEM.) [Kalinga University] ACID ATTACK: A RISING CRIME AGAINST WOMEN ABSTRACT Today we all talk about women’s safety and women’s empowerment giving them equality, but when we talk do we know that women are safe? If yes, then why there is an increase in crime mostly against women? “Crime of passion” acid attack is a crime raging against women. A crime that can terrify a person from deep inside, but what are the reasons behind this crime? What’s the psychology of the accused committing the heinous crime against women? These are the crimes we hear every now and there, the crimes that are committed even for smaller fights or for getting rejected by someone. These are the crimes that leave a mark behind and we live in a society that never lets a victim forget the incident. Survival becomes tougher in the surroundings, which judge people based on appearance. There’s a lot of suffering for victims in every aspect. And what about the punishment? Is the punishment given to the punishment given to accused sufficient? Can the punishment given compensate for the life of the victims? Nowadays crimes like this are increasing due to the easy accessibility of acid that is needed to be regulated. Even though the government has given rules and regulations there is still a need for strict laws and punishment to minimize the crimes. Is there a need for retributive theories? Do these crimes should be given a separate section? There is a lot to take in, laws should get stricter toward women’s safety. They are not the vulnerable part they are the strength. KEYWORDS: Women, Crime, Society, vulnerable, Acid attacks, Punishment, Suffering and Victims INTRODUCTION We live in a society where everybody gets judged by their appearance first. When it comes to women society doesn’t judge them, they give a direct judgment on their characters. This is the harsh reality today, which makes it tough for women to survive and become one of the reasons for raging crimes against women. One of which is an acid attack also known as acid throwing. A heinous crime committed against women in society and has always been a contemporary issue that affects not only the victim but also society in different aspects. An acid attack can be an incident that breaks a person’s will to live in society. Throwing acid or corrosive acid on anyone can disfigure their face or any parts of the body by melting the tissues sometimes even the bone. This can lead to the disfiguration of the face, and disability to hear, see or smell. In a society where appearance plays a very role everywhere doesn’t except a person with a disfigured face. Survival gets difficult for these victims in every aspect whether it is at home or the workplace, not only this an incident can take away all the happiness and dreams of the survivors. Though they survive all the pain and suffering of the wound there will always be a fear that leaves a mark on their life. Acid attack displays the viciousness and sinister nature of man; an act done with the intent of extracting revenge by any means. It’s the pathetic presentation of a man’s fragile ego and the lack of legal safeguards for women. HISTORY AND PSYCHOLOGY When we look back on history and culture, we see that women used to be treated as goddesses a symbol of superiority. They were recognized for their beauty, strength, and knowledge and worshiped by people for prosperity. Women were free to live their lives with the choices they made and respected. But the world we live in now has forgotten the culture we used to have, now women are treated as the vulnerable part of society. Today women we praise women occasionally, women are not vulnerable they are the symbol of life and strength for the future. One of the most cruel crimes against women is an acid attack, these attacks have become a weapon of choice for many. South Asian countries, especially Bangladesh, India, and Pakistan have recurrent cases of acid attacks. The first case occurred in 1982 in India, Bangladesh in 1967, and Cambodia in 1993. Under the name of “crime of Passion,” 16 cases were recorded in 1879 and cases have risen since then. Cases have been rising since then. The National Crime Record Bureau has recorded 1483 cases across the country between 2014-2018. Approximately 300 cases were recorded in India in the year 2016, and many of these cases go unrecorded. The NCRB says that the cases have exceeded 1000 in the last five years. Around 200 cases of attacks are recorded annually, globally from which 80% of the victims are women and 60% of the cases don’t even get recorded. In 75% of the cases, the crime was committed by a known person or a person near us. In the most recent data in 2021, 176 attacks were reported and 73% attempted acid attacks. It can be said that most of the cases go unrecorded and the actual numbers are much higher than this. The highest number of acid attacks is recorded in West Bengal 34 followed by Uttar Pradesh (22) and Rajasthan (15), and annually 60% of the cases does not get reported. Most of these cases were attempted on women or girls going to school and college, which happens on the roadside, streets, and markets, and some of them occur in their households. The psychology or Reasons behind this case are: Hate crimes Rejections Honor-based and Domestic violence Jealousy Land or family disputes Robbery Torture to kill Terror-related violence The psychology and reason behind these cases are not big but leave a very horrifying impact on the victim or survivor of the attacks giving them suffering for life. LAWS AND PUNISHMENTS The government

Understanding Criminal Law: Safeguarding Justice and Order

thelawwaywithlawyers@gmail.com December 1, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-6 ISSUE NO:- 6 , DECEMBER 1, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Understanding Criminal Law: Safeguarding Justice and Order -Shambhvi Nandan BBA LLB (HONS.) Chandigarh University Abstract: Criminal law forms the bedrock of a society’s legal framework, delineating norms and consequences for actions deemed harmful or threatening to societal well-being. This article aims to provide an insightful overview of criminal law, exploring its foundational principles, key elements, and the mechanisms that underpin justice systems worldwide. Through an analysis of the evolution of criminal law and its contemporary applications, this article delves into the intricate balance between individual rights and collective security. Keywords: Criminal law, justice, legal framework, principles, rights, consequences, societal well-being. Introduction: Criminal law is a multifaceted system designed to maintain social order, protect citizens, and uphold justice. It establishes a code of conduct, identifying behaviors that society deems unacceptable, and prescribes penalties for transgressions. Rooted in ethical and moral standards, criminal law aims to deter unlawful behavior while providing a framework for adjudicating disputes and reconciling conflicts. Main Content: Foundations of Criminal Law: o Historical evolution: Tracing the origins of criminal law from ancient civilizations to modern legal systems. o Philosophical underpinnings: Exploring theories of punishment and the societal objectives of retribution, deterrence, rehabilitation, and incapacitation. o Elements of criminal liability: Understanding the essential components such as mens rea (guilty mind) and actus reus (guilty act). Key Principles and Concepts: o Burden of proof and presumption of innocence: Analyzing the fundamental principles that guide fair trials and protect individuals accused of crimes. o Classification of crimes: Differentiating between felonies, misdemeanors, and infractions, and their respective legal implications. o Criminal procedure: Examining the stages of criminal proceedings, from investigation and arrest to trial and sentencing. Contemporary Challenges and Developments: Addressing the impact of digital spaces on criminal activities and the challenges in regulating cybercrimes. o Intersectionality and justice: Evaluating how factors such as race, gender, and socio-economic status influence the application of criminal law and access to justice. o Global cooperation: Highlighting the significance of international cooperation in combating transnational crimes and fostering mutual legal assistance. o Principles of criminal law: – The traditional approach to criminal law has been that a crime is an act that is morally wrong. The purpose of criminal sanctions was to make the offender give retribution for harm done and expiate his moral guilt; punishment was to be meted out in proportion to the guilt of the accused. In modern times more rationalistic and pragmatic views have predominated. Writers of the Enlightenment such as Cesare Beccaria in Italy, Montesquieu and Voltaire in France, Jeremy Bentham in Britain, and P.J.A. von Feuerbach in Germany considered the main purpose of criminal law to be the prevention of crime. With the development of the social sciences, there arose new concepts, such as those of the protection of the public and the reform of the offender. Such a purpose can be seen in the German criminal code of 1998, which admonished the courts that the “effects which the punishment will be expected to have on the perpetrator’s future life in society shall be considered.” In the United States a Model Penal Code proposed by the American Law Institute in 1962 states that an objective of criminal law should be “to give fair warning of the nature of the conduct declared to constitute an offense” and “to promote the correction and rehabilitation of offenders.” Since that time there has been renewed interest in the concept of general prevention, including both the deterrence of possible offenders and the stabilization and strengthening of social norms. o Common law and code law: – Important differences exist between the criminal law of most English-speaking countries and that of other countries. The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases. England has consistently rejected all efforts toward comprehensive legislative codification of its criminal law; even now there is no statutory definition of murder in English law. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes. The criminal law of the United States, derived from the English common law, has been adapted in some respects to American conditions. In most of the U.S. states, the common law of crimes has been repealed by legislation. The effect of such actions is that no person may be tried for any offense that is not specified in the statutory law of the state. But even in these states the common-law principles continue to exert influence, because the criminal statutes are often simply codifications of the common law, and their provisions are interpreted by reference to the common law. In the remaining states prosecutions for common-law offenses not specified in statutes do sometimes occur. In a few states and in the federal criminal code, the so-called penal, or criminal, codes are simply collections of individual provisions with little effort made to relate the parts to the whole or to define or implement any theory of control by penal measures. In western Europe the criminal law of modern times has emerged from various codifications. By far the most important were the two Napoleonic codes, the Code d’instruction criminelle of 1808 and the Code penal of 1810. The latter constituted the leading model for European criminal legislation throughout the first half of the 19th century, after which, although its influence in Europe waned, it continued to play an important role in the legislation of certain Latin American and Middle Eastern countries. The German codes of 1871 (penal code) and 1877 (procedure) provided the models for other European countries and have had significant influence in Japan and South Korea, although after World War II the U.S. laws of criminal procedure were the predominant influence in the latter countries. The Italian codes of 1930

SHARE HOLDING AGREEMENT

thelawwaywithlawyers@gmail.com November 26, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 4 ISSUE NO:- 4 , NOVEMBER 26, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com SHARE HOLDING AGREEMENT PRAKHAR SINGH LAW FACULTY UNIVERSITY OF LUCKNOW ABSTRACT In March 2023 Adani Enterprises through its indirect subsidiary RRPR bought the additional 1.76 crore shares of NDTV for ₹602 crore, from NDTV promoters Radhika and Prannoy Roy. This amounted to a 27.26 percent stake in the company. With this transfer of shares, Adani owns a 64.71 percent stake in the company. RRPR was initially a promoter-owned company, which Adani Group’s AMG network acquired in August 2022 by conversion of warrants.1 Now the question arises what are these shares and how do they manage the administration of the company? In day-to-day life, many company’s shares are bought or acquired. Companies with huge profits someday shut down and company with less recognition a society gets a boom in the economic era. Companies sometimes time not have a single administrator or owner, it is run by a group of people who have their share in a company and to make the legally binding share, an agreement is signed by the members of the body who have real authority over the company, which is soon treated as contract.2 With time many startups and new companies are evolving and how it manage a smooth run with so many shareholders. 1 https://www.thehindubusinessline.com/companies/adani-group-officially-becomes-majority-shareholder-in- ndtv 2 Indian Contract Act 1872, Section 2H VOLUME:- 4 ISSUE NO:- 4 , NOVEMBER 26, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com This article deals with the shareholding agreement, its legal foundation and framework, and how it protects minority as well as majority shareholders. Major case laws that shape the corporate sector are more relevant. It defines the rights of the majority as well as the minority and the role of government in a shareholding agreement. It deals with the transaction of cross border as well as individual stakeholders of companies. The legal environment is largely created by governments, but when creating shareholding agreements, businesses and legal experts must understand and abide by these regulations. To guarantee that agreements comply with the law and reduce the risks of non- compliance, legal advice is necessary. A shareholding agreement is an essential tool for encouraging cooperation, safeguarding the interests of shareholders, and offering a strategic road map for long-term success. INTRODUCTION DEFINITION AND PURPOSE OF SHAREHOLDING AGREEMENTS Shareholding agreements3 a private documents in the form of an inter se contract between the shareholders of the company defining the rights, obligations, and privileges and it helps in the management of the company. These are also known by the name of stakeholder agreements. It is a legally binding contract between the stakeholders of the companies, it supplements the company’s constitutional document such as the company’s constitution and its article and it provides more detailed regulation. It is an arrangement among the company’s shareholders that describes how the company should be operated. The role of these agreements in corporate life is much more significant to avoid future ambiguousness or intricacies PURPOSE OF THE SHAREHOLDING AGREEMENT CLARIFYING THE RIGHTS AND OBLIGATION OF SHAREHOLDER SAFEGUARDING THE MINORITY SHAREHOLDER 3 Company Act,2013, Section 399 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com MANAGING THE TRANSFER OF SHARE RESOLVING DISPUTE AMONG STAKEHOLDER ESTABLISHING THE REGULATION FRAMEWORK FOR DECISION MAKING VOTING RIGHTS AND PROCEDURE BOARD COMPOSITION AND APPOINTMENT PROCESS When it comes to running a company smoothly, a well-drafted shareholder agreement serves as an indispensable tool. Armed with protection for shareholders and a robust framework for decision-making, this vital document paves the way for effective governance. Whether you’re embarking on a new venture or looking to solidify an established business, understanding the key components and intricacies of shareholder agreements is paramount. It lays the groundwork for growth and success in the ever- evolving world of corporate enterprise. A Solid Foundation for Growth and Success Imagine a ship sailing through uncharted waters without a compass or a well-defined direction. Without a shareholder agreement, a company could find itself in a similar predicament. This agreement acts as a navigational guide, providing shareholders with a clear roadmap for their collective journey. By outlining important provisions such as rights and responsibilities, share transfer procedures, and dispute resolution mechanisms, it ensures clarity and transparency amongst stakeholders. Protection for Shareholders One of the primary objectives of a shareholder agreement is to protect the interests of shareholders. It acts as a safety net, safeguarding their investments and ensuring fair treatment. For instance, minority shareholders often face unique challenges in decision- making processes. A well-crafted agreement can empower them by incorporating provisions that protect their rights and prevent any undue marginalization. By doing so, it fosters an environment of inclusivity and encourages active participation from all shareholders, regardless of their stake size. Establishing a Robust Framework Effective decision-making is the lifeblood of any successful business. A shareholder agreement plays a pivotal role in establishing a robust framework that facilitates this crucial process. By clearly defining voting rights, quorum requirements, and decision-making thresholds, it reduces ambiguity and enhances efficiency. This structured approach enables ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com shareholders to navigate through complex issues, make informed choices, and collectively steer the company toward its goals. Navigating the Dynamic World of Corporate Enterprise In today’s fast-paced and ever-changing business landscape, adaptability is key to survival. A shareholder agreement equips your company with the necessary tools to adapt and thrive amidst uncertainties. For example, it may outline mechanisms to address unforeseen contingencies like the entry of new investors or changes in ownership structure. By proactively addressing potential challenges, the agreement ensures stability and resilience within the organization A shareholding agreement is essentially more than just a legal document; it is an agreement

A Comprehensive Examination of Socio-Economic Factors influencing the status of women in India

thelawwaywithlawyers@gmail.com November 15, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-5 ISSUE NO:- 5 , NOVEMBER 15, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com TITLE: A Comprehensive Examination of Socio-Economic Factors influencing the status of women in India NAME: Memory Mbombe INSTITUTION: Lovely Professional University ABSTRACT Analyzing the evolving status of women in India is influenced by a myriad of factors, which have shaped their position in society and governed their roles and rights. One of the most prominent factors is the deeply ingrained patriarchal system that has prevailed throughout the country’s history. This system has perpetuated the notion that men are superior to women, resulting in numerous gender-based inequalities and discrimination against women in various spheres of life. Furthermore, religious and cultural beliefs have played a significant role in shaping women’s status in India. Certain traditional practices and customs, such as early marriage and female infanticide, have been prevalent in certain communities, further reinforcing the subordinate position of women. In addition, this study will focus on economic factors also, that are contributing to the status of women in India. Although significant progress has been made to improve women’s access to education and employment opportunities, there are still stark disparities. The gender pay gap remains a pressing issue, and women often face limited career progression opportunities compared to their male counterparts. Moreover, familial and societal expectations often prioritize women’s roles as caregivers over their professional aspirations, further limiting their economic empowerment. The intersectionality of factors such as caste, class, and religion also adds additional layers of complexity to the status of women in India, as these factors can further exacerbate inequalities and restrict their social, economic, and political empowerment. Overall, the multifaceted nature of the factors influencing the status of women in India necessitates a comprehensive approach to address these issues and strive for gender equality. Key Words: Women, gender-based, education, equality, empowerment Introduction India, the world’s second-most populous country, has undergone significant social and economic transformations in recent decades. Amidst this progress, the status and empowerment of women remain pressing concerns. This in-depth analysis delves into the complex interplay of socio-economic factors that influence the status of women in India, with a specific focus on education, employment, and gender-based violence. By examining these critical areas, the research is to shed light on the challenges faced by women in India and explore potential solutions to achieve gender equality and women’s empowerment. Through an exploration of government initiatives, cultural norms, and economic factors, this article seeks to present a comprehensive overview of the issues at hand and provide recommendations for a more equitable society for women in India. 3. The Status of Women in India A country known for its rich culture and heritage, India, is also marked by significant disparities, particularly when it comes to the status of women. Despite progress in recent decades, women in India continue to face various socio-economic challenges that hinder their empowerment and well-being. From limited access to education and employment opportunities to prevailing gender-based violence, these factors play a crucial role in shaping women’s lives.1 4. Socio-economic Factors Socio-economic factors encompass the social and economic conditions that influence individuals and communities. In the context of women in India, these factors play a vital role in determining their status, opportunities, and overall quality of life. Education, employment, and gender-based violence are key socio-economic factors that significantly impact women and require a thorough examination to foster a better understanding of the challenges they face and the opportunities needed for change. 5. Education: Challenges and Opportunities for Women’s Empowerment Gender Disparities in Access to Education Gender disparities in access to education in India have long been a prevalent issue, casting a dark shadow on the country’s progress towards gender equality. Despite efforts to promote inclusive education, there remains a significant gap between male and female enrollment rates, particularly in rural areas. This research paper will explore the root causes of this disparity and discuss potential solutions to bridge the gender divide in education. One major factor contributing to the gender disparities in education in India is societal beliefs and norms. Deep-rooted gender stereotypes perpetuate the idea that girls are better suited for household responsibilities rather than formal education. Consequently, families often prioritize educating their sons over their daughters, leading to a lower enrollment of girls in schools. Even when girls do attend school, they frequently face discrimination and harassment, making it challenging for them to complete their education. Breaking these traditional gender norms and 1 Agarwal, O, Somanathan, T. V (2005), Public Policy Making in India: Issues and Remedies. XIMB. fostering a society that values gender equality is important so that the gap in access to education will be closed.2 Another significant barrier to girls’ education in India is the lack of infrastructure and resources, particularly in rural areas. Many rural schools lack basic facilities, such as separate toilets for girls, making it unsafe and uncomfortable for them to attend school. Additionally, the distance between schools and villages can be vast, posing hurdles for girls in terms of transportation and safety. To address this, the government must invest in improving infrastructure in rural areas and ensure the provision of adequate resources for girls’ education, such as textbooks, libraries, and technological tools. To overcome the gender disparities in access to education in India, a multi-faceted approach is required. Firstly, raising awareness about the importance of girls’ education and challenging traditional gender stereotypes is crucial. This can be achieved through community engagement programs, media campaigns, and school curricula that promote gender equality and empowerment. Secondly, the government must prioritize investment in infrastructure in rural areas, ensuring that schools provide safe and inclusive environments for girls. Additionally, scholarships and financial incentives for girls from marginalized communities can help to encourage their enrollment and retention in schools. Finally, stronger enforcement of laws and policies against discrimination and harassment in educational institutions is necessary to ensure a supportive environment for girls to thrive academically.

MARITAL RAPE AND CRIMINALIZATION Of SEXUAL ASSAULT WITHIN MARRIAGE.

thelawwaywithlawyers@gmail.com November 6, 2023 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-5 ISSUE NO:- 5 , NOVEMBER 6, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com MARITAL RAPE AND CRIMINALIZATION Of SEXUAL ASSAULT WITHIN MARRIAGE. TITLE : Masked Turmoil :- “Unveiling Marital Rape and the Urgent Call for Criminalization” KRITIKA PANDEY LLB – 2ND YEAR (3RD SEMESTER) RADHA KANAY RENU INSTITUTE OF BUSINESS MANAGEMENT (Law, Graduation & Management College), RKDF UNIVERSITY, RANCHI ABSTRACT: This comprehensive research explores the profound implications of marital rape, intricately examining historical, legal, and societal dimensions to advocate for its unequivocal criminalization. Tracing the historical evolution of societal norms, this study reveals deeply ingrained cultural attitudes that have perpetuated the acceptance of spousal sexual violence. The analysis extends to the current legal landscapes, exploring global variations in definitions, penalties, and enforcement mechanisms, while emphasizing recent legislative reforms.Beyond legal frameworks, the research dissects contemporary societal attitudes, unraveling cultural norms and gender dynamics that contribute to the normalization of marital rape. Realizing the impact on victims, the study delves into the psychological and emotional consequences, incorporating personal narratives to highlight the multifaceted challenges faced by survivors. Keywords: Marital rape, intimate partner violence, legal frameworks, societal attitudes, criminalization, spousal sexual assault, historical perspectives, legislative reforms, victim impact, cultural norms, gender dynamics. INTRODUCTION -: • Definition Marital Rape, a form of intimate partner violence that occurs within the supposedly sanctified confines of marriage, stands at the intersection of deeply ingrained societal norms, legal complexities, and the protection of individual rights. This research seeks to unravel the intricate layers surrounding the phenomenon of marital rape, placing a spotlight on the urgent need for its comprehensive criminalization. In doing so, it addresses historical precedents, legal landscapes, and societal attitudes that have shaped and perpetuated the acceptance of sexual assault within marital relationships. • Historical Underpinning: The historical examination commences with an exploration of how societal norms and legal frameworks have historically treated marital rape. Tracing back centuries, this section aims to elucidate the evolution of cultural attitudes that have, at times, condoned or turned a blind eye to spousal sexual violence. Understanding the historical context is crucial for contextualizing the challenges faced in contemporary efforts to address and criminalize this form of abuse. • Legal Complexities: As societal perspectives evolve, so too must legal frameworks adapt to address the complexities of marital rape. This section critically examines the current legal status of marital rape across different jurisdictions, identifying variations in definitions, penalties, and enforcement mechanisms. The analysis extends to recent legislative changes and their implications, shedding light on the ongoing struggle to establish a universally recognized legal framework that unequivocally criminalizes marital rape. • Contemporary Societal Attitudes: Embedded within the discourse is an exploration of contemporary societal attitudes towards marital rape. This involves dissecting cultural norms, gender roles, and prevailing stereotypes that contribute to the under reporting and normalization of spousal sexual violence. Understanding these societal attitudes is fundamental to dismantling the barriers that hinder the acknowledgment and condemnation of marital rape as a criminal offense. • Scope and Objectives: This research, therefore, endeavors to bridge historical contexts, legal landscapes, and societal attitudes to contribute meaningfully to the discourse on marital rape. By elucidating the multifaceted nature of this issue, the study aims to underscore the imperative for legal reform and societal change. Through an exploration of the impact on victims, an analysis of legal frameworks, and an examination of cultural attitudes, this research seeks to provide a comprehensive understanding of the intricate dynamics surrounding marital rape, ultimately advocating for its unequivocal criminalization. Keywords- consent, legal reforms, intimate partner violence, marital rights, societal attitudes, and the pressing need for legislative and cultural shifts BODY OF THE ARTICLE: • WHAT IS MARITAL RAPE ? Marital rape refers to non-consensual sexual intercourse between spouses where one partner forces the other to engage in sexual acts against their It involves the violation of the victim’s autonomy and right to control their own body within the confines of marriage. Marital rape is a form of domestic violence and sexual assault, highlighting the importance of consent even within the bounds of a marital relationship. Laws surrounding marital rape vary globally, with some countries criminalizing it, while others may have legal exemptions or no specific provisions addressing it. The recognition and criminalization of marital rape have evolved over time, reflecting changing societal attitudes toward consent and the recognition of spousal autonomy. • SEXUAL ASSAULT IN THE CONTEXT OF DOMESTIC VIOLENCE – Sexual Assault in the Context of Domestic Violence” refers to instances of sexual violence that occur within the framework of an abusive relationship or domestic setting. This involves any unwanted sexual activity or coercion inflicted by one partner upon the other within the context of an intimate relationship or The term underscores the intersection of physical and sexual abuse, emphasizing that sexual assault is not isolated from other forms of domestic violence. Victims of sexual assault in the context of domestic violence may experience not only the trauma of the sexual violation but also the broader spectrum of abuse, including emotional, psychological, and physical harm. Addressing this issue involves recognizing the complex dynamics of power and control within such relationships, and it underscores the importance of providing support and resources to survivors. Legal responses and advocacy efforts often aim to hold perpetrators accountable for both the sexual and non-sexual forms of abuse within the domestic Force-only rape : In this form, husband uses only the amount of force necessary to coerce his wife. Compulsive/Obsessive rape : In this form, assaults involve torture and/or “perverse” sexual acts and are often physically violent. FORMS OF MARITAL RAPE : Marital rape can manifest in various forms, reflecting the range of non-consensual sexual acts within a marital relationship. Some forms include: Forced Penetration:Coercing or forcing a spouse into vaginal, anal, or oral intercourse without their consent. Sexual Coercion:Using manipulative

thelawwaywithlawyers@gmail.com November 5, 2023 0 Comments

VOLUME:-5 ISSUE NO:- 5 , NOVEMBER 15, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Medical Negligence and Malpractice in India -Arpita Tiwari BALLB Kirti P. Mehta School of Law, Hyderabad Abstract We know that in a family each and every person is related to some other person and with the same person in the family and this relationship is built by birth. Just like the family we develop a relation professionally where doctor and patient relationship is also one of the trustworthy relationship but what if this trust has been broken by the doctor at the time of fulfilling their responsibility or doing their duty due to which negligence arises. Medical negligence is a biggest problem in India and Judges are meant to make the final decision in a nation that upholds the rule of law when cases like these are brought before the courts. However, since judges lack training in medical research, it may be difficult to decide whether physicians have acted negligently. They base their conclusions on the opinions of specialists. To reach a ruling, judges consider both the national law and fundamental legal concepts. The guiding principles are caution and fairness. Through the paper the author will discuss the concept of medical negligence its essentials and in addition to that we will discuss the concept of medical malpractice. There has been much discussion of the historic decision rendered by the Supreme Court in two well-known instances involving medical malpractice. At the end of the paper the author will discuss the requirements and expectations with respect to standard of care. –Keywords: Medical Negligence, Medical Malpractice, Right to Life, Doctor, Patient. Introduction In India, the medical field is regarded as one of the finest of all professions. A patient views their doctor as divine. Furthermore, God is flawless. However, it is the patient’s perception. Doctors are, after all, people and they could make a mistake. Medical professionals might act carelessly while doing their duty.1 When a doctor or a physician are not doing their duty with utmost care towards their patient then the term medical negligence arises. Medical negligence does, in fact, pose a major threat to human rights as it directly impacts people’s “right to life” and “right to healthcare.” There are number of instances which have been related to medical negligence but in fact no legal action has been taken for the same. Due to which it causes the public’s confidence in healthcare providers to completely evaporate. We can take a recent example i.e., Covid-19 which is the biggest hazard of our nation not only in India but all over the world this disease has threatened each and every person to make a social contact with the another person and with their loved ones. During Covid many of the doctors have not treated the patients who are infected because of that disease. Our nation has witnessed a shortage of beds, cylinders in the hospitals due to which patients are dying. During Covid India has witnessed number of cases of medical negligence which has been arisen and not been reported even if it is reported no action has been taken place. In our Indian Constitution right to health is a inherent fundamental right within the broader context of the right to life Article 212 of the Constitution says that it is the right of everyone to live in with ‘Human Dignity’.3 Medical negligence has contributed to the death of persons with significant illnesses in addition to making people’s medical problems worse than they were before. Definition of Medical Negligence 1Daya Shankar Tiwari, Medical Negligence: A Critical Study, (November 4, 2013), <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2354282)> accessed 4 November 2013. 2Article 21 of the Constitution 3Maneka Gandhi Vs. Union of India, AIR 1978 Sc 597 Medical professionals that act negligently while handling their patients are considered to be practicing medical negligence. Nonetheless, medical negligence is not defined by law in India. The case of Poonam Verma v. Ashwin Patel & Ors4 is the case where Supreme Court analysed the problem of medical negligence. The Court says that, “Negligence may manifest in a variety of ways. It can be criminal negligence, gross negligence, hazardous negligence, comparative negligence, concurrent negligence, continued negligence, active and passive negligence, willful or reckless negligence, or negligence as such.” Essentials of Medical Negligence In order to constitute medical negligence the plaintiff shall fulfill the required conditions and they are as follows. Legal Duty towards the Plaintiff The doctor has a responsibility to take care of their patients. This obligation may be derived from a contract or from tort law. The patient does not necessarily enter into a written or spoken contract with the doctor when they agree to treatment for their condition, but it is implied that any careless behaviour would undoubtedly amount to a violation of professional obligation. This is where the existence of legal responsibility originates. Therefore, it is the physicians’ responsibility to treat patients with the implicit guarantee of a particular level of expertise. The doctor has the responsibility to take care of his patients and for this he has following duties to follow: If the doctors are unable to treat their patients to the best of their skills then they must avoid treating the patients at that point. After accepting a patient, they ought to use extreme caution when deciding what kind of care to provide. Finally, the doctor should provide the therapy with caution and diligence throughout the aforementioned treatment. 4Poonam Verma v. Aswin Patel & Ors, (1996) 4 SCC 332 The railroad crossing’s gates were open in Mata Prasad v. Union of India5. The vehicle was struck by an approaching train as the driver attempted to cross the railroad tracks. It was decided that the truck driver may presume there was no risk in crossing the railroad tracks while the level crossing’s gates were open. As a result of their carelessness,