Article 21 In The Afterlife: Rights To Dignity Of The Deceased
The right to life under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, encompasses many aspects of a person’s life. Through an evolution of judgments by the Constitutional Courts, the provision has been interpreted and expanded to include the right to health[1], privacy[2], livelihood[3] and a plethora of other ancillary rights that make life more than a mere animal existence[4]. Article 21 of the Constitution of India guarantees the protection of life and personal liberty of all persons, but does this protection extend beyond a person’s life and into his/her afterlife? What are the rights enjoyed by the dead and deceased under the Constitution? While there is no explicit law that protects the rights and dignity of the dead and deceased in India, specific provisions under legislative enactments either provide for or existing provisions have been interpreted to a wider scope to recognise the rights of the dead. Article 21, which by itself guarantees the protection of the right to life, has been interpreted to extend human dignity into the afterlife. The Supreme Court, in the case of Parmanand Katara v. Union of India[5], for the first time, recognised the dignity of the dead and held that the right to life, fair treatment and dignity extends not only to a living person but also their dead bodies after death. The stance of the Apex Court was amplified by its ruling in Ashray Adhikar Abhiyan v. Union of India[6], where it reiterated its stance by extending the right to dignity of the dead, translating to a right to a decent burial in accordance with their respective faith, customs and practices including for the homeless-deceased unclaimed dead bodies. Following the footsteps of the Supreme Court, several judgments from the High Court have also affirmed and interpreted the same in different cases. In the case of S. Sethu Raja v. Chief Secretary[7], the Madras High Court, while ruling on a plea for the return of the dead body of a migrant worker in Malaysia, directed the Government authorities to bring the body so that the burial can take place by the family’s customs and traditions. In Ramji Singh & Mujeeb Bhai v. State of Uttar Pradesh[8], the Allahabad High Court, while dealing with a petition in respect of the appalling conditions of a mortuary set up by the Government of Uttar Pradesh, contended that the right to life extended to the dead body of the person by means of providing a decent burial and imposing a responsibility on the State Government to ensure preservation and disposal of the body in accordance with dignity and respect which the person deserves as when s/he would have been alive. In the case of R.S. Bharati v. Government of Tamil Nadu[9], the Madras High Court, in dealing with a petition for the laying of the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamil Nadu, ruled and reiterated the judgement of the Supreme Court in Parmanand Katara which held that the right to fair treatment and dignity extends to the dignity of the individual. The relevance and significance of the rights of the dead and deceased were all the more necessary during the COVID-19 pandemic in India, where during the second wave, several bodies were piling away, and there was a delay in the disposal owing to the fear and social stigma attached to the virus. Several High Courts, including that of Bombay[10] and Madras[11] High Court, took cognizance of the same and passed important orders that upheld and reiterated the right to a decent burial with dignity to be part and parcel of the right to life under Article 21 of the Constitution of India. [1] State of Punjab v. M.S. Chawla, AIR 1997 SC 1225 [2] K.S. Puttaswamy v. Union of India, 2017 10 SCC 1 [3] Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180 [4] Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295 [5] Parmanand Katara v. Union of India, MANU/SC/2328/1995 [6] Ashray Adhikar Abhiyan v. Union of India, MANU/SC/0018/2002 [7] S. Sethu Raja v. The Chief Secretary, 2007 (5) MLJ 404 [8] Ramji Singh & Mujeeb Bhai v. State of Uttar Pradesh, (2009) 5 Alj 376 [9] R.S. Bharati v. Government of Tamil Nadu, (2018) 4 CTC 673 [10] Pradeep Gandhy v. State of Maharashtra, 2020 SCC OnLine Bom 662 [11] Suo Moto W.P. No. 7492 of 2020
The Curious Case Of Proving Criminal Conspiracy Under IPC
The expression’ conspiracy’ means the joining of at least two individuals who are fully intended to commit a crime. This happens when two of the individuals consent to accomplish something that is unlawful under the law. ‘Unlawful’ is defined under Section 43 of the IPC as anything that is an offence, prohibited by law, or furnishes ground for a civil action. Originally, the term ‘conspiracy’ was used to refer to the acts of agreement of two or more persons to institute a false legal case against someone. Conspiracy under Indian laws Section 10 of the Indian Evidence Act,1872, provides that anything said, done, or written by any one of the conspirators in respect of their common intention is admissible against all the conspirators to prove the existence of the conspiracy or that any such person was a party to the conspiracy. Criminal conspiracy is contained under Chapter VA, Section 120A and 120B of the Indian Penal Code, 1860. Section 120A defines criminal conspiracy as an agreement of two or more persons to do or cause to be done- An illegal act, or; An act that is not illegal by illegal means. The Proviso attached to Section 120A provides that a mere agreement to commit an offence shall amount to criminal conspiracy, and no overt act or illegal omission is required to be proved. Such an overt act is necessary only when the object of the conspiracy is committing an illegal act that does not amount to an offence. Elements of Criminal Conspiracy Agreement: The first and most important component of criminal conspiracy is an agreement between two or more people to commit an illegal act or an act that is not illegal but is done illegally. The agreement must be made between two or more people before committing the crime. Intention: The parties to the agreement must share a common intention to commit the illegal act. The intent must be to commit the crime, not just discuss it. Act: The third element is an act in furtherance of the agreement. This act can be anything that aids in the commission of the crime, such as the purchase of weapons, the gathering of information about the victim, or the planning of the crime’s details. Criminality: According to the fourth element of criminal conspiracy, the act must be illegal. The agreement must be to commit a legally punishable offence. If the act is legal but how it is carried out is illegal, it can still be considered a criminal conspiracy. Parties: The final element of criminal conspiracy is that two or more people must be involved in the agreement. If the act is carried out by a single person, it does not constitute criminal conspiracy. Punishment for Conspiracy Section 120B of the Indian Penal Code specifies the punishment for criminal conspiracy. According to this section, anyone found guilty of criminal conspiracy may be sentenced to imprisonment for a term of up to six months, a fine, or both. If the purpose of the conspiracy is to commit a criminal offence, the punishment for criminal conspiracy is specified in the section dealing with the specific offence. For example, suppose the goal of the criminal conspiracy is to commit murder. In that case, the punishment for criminal conspiracy is the same as for murder, which is life imprisonment or the death penalty. In addition to the above, the court may impose a fine on the accused. The fine can vary depending on the nature and gravity of the crime. Proof of Conspiracy It is important to note that for a person to be convicted under the offence, the prosecution must prove beyond reasonable doubt that there was an agreement between two or more individuals to commit an illegal act and that an overt act was committed to further that agreement. The offence of criminal conspiracy can be proved by either direct or circumstantial evidence. A conspiracy is usually hatched in a secret and private setting, which is why it is almost impossible to produce any affirmative evidence about the date of the formation of the criminal conspiracy, the persons involved in it or, the object of such conspiracy or how such object is to be carried out. All of this is more or less a matter of inference. It was believed that agreement or meeting of minds is one of the primary evidence to prove the conspiracy under this section & it is also one of the hardest ones to prove because, as we all know, the fact that the offender by himself does not agree to a fact that he is involved with someone It is only matter of circumstances that one can prove that there is a meeting of minds or an agreement between those two. Hence, criminal conspiracy is based on circumstantial evidence. In most cases, there is no direct evidence to prove this. Landmark judgements Praveen v. State of Haryana, (2021 SCC OnLine SC 1184) [1] in which four accused were escorted by the police from the central jail, Jaipur, to produce in court via train. On reaching the railway station, four young boys entered the compartment, attacked the police and tried to rescue the accused. Since he tried to escape, an attempt was made to snatch the carbine (rifle). One of the accused fired upon the Head constable, who got injured. The Sessions Court held the accused guilty, and on appeal, the High Court of Punjab and Haryana confirmed their conviction. The appellant, Parveen, filed an appeal in the Supreme Court. The Hon’ble Supreme Court held that it is unsafe to hold a person guilty for offences under Section 120B I.P.C. without evidence to show a meeting of minds between the conspirators for the intended object of committing an illegal act. Ram Narain Popli v. C.B.I. 2003 (1) SCR 119 [2], dealt with the issue of the role of the Central Bureau of Investigation (CBI) in investigating and prosecuting cases of criminal conspiracy. The Supreme Court held that
Media And Globalisation
Media is considered as one of the four pillars of democracy. Furthermore, it plays a vital role in shaping society’s opinion and can change how people perceive different events. It has a crucial influence on the minds of the people at large. Media must raise critical issues, but drawing a line for themselves is also pertinent. Socrates believed that following the law had influenced his life in many ways, so he chose not to disobey the law when he was sentenced to death. This is an explanation for the social contract theory. Later philosophers like Thomas Hobbes, John Locke and Rousseau propagated the theory very elaborately. Social contract theory is when a man surrenders certain rights to a body that will provide him with security and protection. In the contemporary world, media also plays a vital role in this social contract.[1] The media has an immense responsibility to check the government and other official activities in the public’s interest. This proves that the media has to act as a responsible body and as a bridge between the people and the government. The media has expanded tremendously and is a separate influential institution. After the advent of globalisation, there has been a massive shift in perspectives. Globalisation, in its essence, is the concept of oneness and the consideration of the world as one community. This has been achieved through various concepts and developments. The barriers between nations are narrowed down in various forms, such as trade and commerce, cultural influences, political influences, technological advancements, etc. One of the most critical factors influencing globalisation is the world of media. Whether social or mass media, access to information about a happening in another part of the world is one of the ultimate means to bridge the gap between nations. In this globalising world, every aspect of human life is influenced by some form of media.[2] Almost every remote corner has access to media and is aware of the happenings of other parts of the world. This has bridged the gap between people around the globe. It enabled a lot of communication and access to all corners of the world. The power that media holds in the contemporary world is of vital importance. Similarly, the freedom of the press plays an essential role in the society. The news media is a potent tool in a democracy. In its true sense, journalism is to share the event or a specific happening with the public with genuine intention, unbiased and without tampering with its originality using decent vocabulary. The most important fundamental right in every democratic state is the right to free speech. The right to voice out an opinion is an essential virtue on which a democratic government functions because public opinions are essential for a properly functioning government. In India, there is no specific provision for freedom of the press. It comes along with the freedom of speech and expression under Art 19(1)(a). The freedom of the press is given more light through the decisions or interpretations by the Courts in various judgements. One of the main objectives of the press is to provide unadulterated information and educate the public[3]. Therefore, the information, reports, and news articles presented by the press hold the utmost importance in any democracy in the world. Media in all forms has an influence, such as radio, newspapers, news channels, online media, etc. It is a form in which specific information about a happening can be communicated to one person or a group and to larger masses. This information reaches people, who tend to consume the content without further scrutiny.[4] When a piece of content is produced, it is entirely received by the people. This has a long-lasting psychological effect on human minds. The news media has been very influential in the globalised world. The role of news media is to address the country’s people, provide them with information about various incidents, and safeguard democracy. The main objective is to promote fair competition in news networks and promote active journalism. However, as time passed, the objective of news media shifted from its purpose. Capitalist demands and the interest of the elites influence the news media. The professional freedom in the area of work has been narrowed down considerably. The news selection is according to what the business demands. News media intends to publish news that the dominant masses will receive well. The media has also taken the role of monitoring various happenings and mishaps in society. Media has become the brain and has influenced the thought process of people regarding a particular incident, which in turn affects the public perspective of the particular incident. It affects the integrity of the news media. This led the media houses to create headlines that would grab more attention, increase the TRP (Target Rating Point) ratings, and increase revenue. Therefore, high-profile crimes have always attracted the attention of the news’s front pages and headlines. This has created the concept of media trials in the country for specific cases with potential revenue sources. Media trials are when the media conducts a parallel trial along with the judiciary. It creates a general character to the case and influences public opinion. When the media tries to take up the case and make its assumptions to make the matter exciting and sensational, the natural element of the issue is sometimes lost. One of the significant drawbacks of media trials is that there is a chance that this influences the judgements given by the judiciary. Judges are expected to be unbiased and should follow the law of the land, but this is affected because the judges also belong to the same society and will witness the assumptions of the media on the same matter. This has significant changes to be reflected in the judgements. [5] Moreover, there is additional pressure on the judiciary to uphold the public’s confidence. Since the media primarily influence public opinion, judges are often required to produce a judgment according to public opinion. This
Development Of AI In India
The widespread use of technology in the modern digital era has completely changed how we communicate, work, and live. AI is one of the most innovative technologies of all. It has the potential to change several professions and industries drastically. However, as AI develops further, a plethora of possibilities and challenges arise, especially in the field of cybersecurity. The combination of AI and cybersecurity in India has created strong regulatory frameworks that handle new risks and promote innovation and digital resilience. AI, defined by computers that simulate cognitive processes linked to human intellect, has an unmatched capacity for data analysis, pattern recognition, and real-time decision-making. AI-powered systems can improve risk mitigation, incident response, and threat detection in the context of cybersecurity. Machine learning algorithms can quickly detect unusual activity, anticipate possible cyberattacks, and adjust to changing threats, increasing the overall resilience of digital infrastructures. Acknowledging the necessity of tackling these issues, India has made noteworthy efforts to develop cybersecurity laws and regulations incorporating artificial intelligence technology. We do not currently have any legislation exclusively for artificial intelligence regulation. The foundation of Indian law controlling cyberspace is the Information Technology (IT) Act 2000, which was revised in 2008. The legislation’s provisions about electronic signatures, data protection, and cybercrime serve as a fundamental framework for tackling cybersecurity issues caused by artificial intelligence. The AI concept started in India when NITI Aayog announced the National Strategy on AI in 2018.[1] This discussion broadly covered the commercial and private sectors. An increasing number of nations are recognizing the social and economic benefits that may ensue from the advancement and integration of artificial intelligence. For instance, the United Kingdom and China plan to derive 26% and 10% of their respective GDPs from AI-related activities and enterprises by 2030. In the past 18 to 24 months, various nations have witnessed significant progress in establishing AI policy positions and developing an AI ecosystem. For instance, the United States released its AI report in December 2016, and France unveiled its AI strategy in January 2017, which was subsequently followed by a comprehensive policy document in March 2018; Japan published a document in March 2017, China the AI strategy in July 2017, and the United Kingdom unveiled its industrial strategy in November 2017.[2] India has also developed a platform called “Indiaai” as a knowledge portal for all AI-related understanding and to build an ecosystem for AI collaborations and research. The cabinet has approved the India AI mission, which has a budget allocation of Rs 10,372 crore for five years, according to Union Minister Piyush Goyal.[3] This development represents a notable stride in promoting the progress of artificial intelligence in India. The declaration is consistent with the government’s numerous allusions to AI advancements in India and the country’s potential to be a significant player in the AI industry. Utilising the authorized corpus, a substantial computing infrastructure will be developed. According to UNESCO, AI is a profoundly transformative technology, with research indicating that it could add USD 13 trillion to the global economy by 2030, or approximately 1.2% annually, to the global GDP growth.[4] Although researchers often agree on the rising popularity and revolutionary traits of artificial intelligence (AI), conjectural analyses regarding its economic ramifications and contribution to productivity still need to be discovered. This echoes the apprehensions expressed in the well-known Solow’s paradox, which states that the computer age is evident everywhere except in productivity statistics.[5] Although AI adoption has made some strides, it still needs to overcome obstacles, including concerns regarding data privacy, a shortage of proficient workers and ethical deliberations. Nevertheless, these obstacles also provide prospects for advancements and cooperation among stakeholders from the private sector, academia, and government to efficiently tackle them. In conclusion, the emergence of Artificial Intelligence (AI) in India offers a paradigm shift in possibilities that will have far-reaching consequences for numerous societal domains. The capacity of AI to improve efficiency, promote innovation, and enhance decision-making processes has been substantiated by its extensive implementation across various sectors, including finance, education, healthcare, and agriculture. Nevertheless, India must confront several significant obstacles as it adopts AI. These include the necessity for strong regulatory structures, ethical concerns about data privacy and algorithmic bias, and the critical task of preventing potential job loss via reskilling and upskilling endeavours. [1] NationalStrategy-for-AI-Discussion-Paper.pdf (indiaai.gov.in) [2] Supra note 1 [3] Cabinet approves India AI mission at an outlay of Rs 10,372 crore [4] Multistakeholder AI development | UNESCO [5] The impact of artificial intelligence on labor productivity | Eurasian Business Review (springer.com) Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal ConsultantFor Origin Law Labs
Amendment Of Pleadings
Interlocutory Application can be filed under Order 6 Rule 17 of the Civil Procedure Code,1908 (CPC, 1908) to amend or alter the pleadings at any stage of the case proceedings. The amendment or alteration should be directly related to the subject material of the dispute between the parties if it does not cause injustice to the other side. The Court will notify the opposite party before allowing the application for amendment. The Court will not entertain applications filed after the commencement of trial. According to Order 6 Rule 18 of CPC, 1908, the amendment should be made within fourteen days of receiving the order to amend or alter the pleadings; after that, it is the discretion of the court to allow the amendment. The Supreme Court laid down the guidelines to be followed regarding the amendment of pleadings in the case of Life Insurance Corporation of India (LIC) vs Sanjeev Builders Pvt. Ltd, Civil Appeal No. 5909 of 2022 (Arising out of SLP(C) No. 22443 of 2019). The primary issue in this case was that the Supreme Court challenged the amendment application allowed by the lower court because the relief was barred by limitation. The Supreme Court held that the mere delay in application should not be a bar to seeking relief under Order 6 Rule 17. The prayer for amendment is to be allowed: (i) If the amendment is required for effective and proper adjudication of the controversy between the parties and (ii) to avoid multiplicity of proceedings, provided (a) the amendment does not result in injustice to the other side, (b) by the amendment, the parties seeking amendment do not seek to withdraw any clear admission made by the party, which confers a right on the other side and (c) the amendment does not raise a time-barred claim, resulting in the divesting of the other side of a valuable accrued right (in certain situations). (d) A prayer for amendment is generally required to be allowed unless: (i) By the amendment, a time-barred claim is sought to be introduced, in which case the fact that the claim would be time-barred becomes a relevant factor for consideration, (ii) the amendment changes the nature of the suit, (iii) the prayer for amendment is malafide, or (iv) the other side loses a valid defence by the amendment. (v) When dealing with a prayer for amendment of pleadings, the court should avoid a hyper-technical approach, which is ordinarily required to be liberal, especially where costs can compensate the opposite party. (vi) Where the amendment would enable the court to consider the dispute more precisely and would aid in rendering a more satisfactory decision, the prayer for amendment should be allowed. (vii) Where the amendment merely seeks to introduce an additional or new approach without introducing a time-barred cause of action, it is liable to be allowed even after the expiry of the limitation. (viii) Amendment may be justifiably allowed where it is intended to rectify the absence of material particulars in the plaint. (ix) A delay in applying for an amendment alone is not grounds for disallowing the prayer. Where the aspect of delay is arguable, the prayer for amendment could be allowed, and the issue of limitation could be framed separately for the decision. (x) Where the amendment changes the nature of the suit or the cause of action to establish an entirely new case foreign to the case established in the plaint, the amendment must be disallowed. However, the amendment sought only concerns the relief in the plaint and is predicated on facts already pleaded. Ordinarily, the amendment is required to be allowed. (xi) Where the amendment is sought before the commencement of trial, the court must be liberal in its approach. The court must remember that the opposite party would have a chance to meet the case set up in the amendment. As such, where the amendment does not result in irreparable prejudice to the opposite party or divest the opposite party of an advantage it had secured due to an admission by the party seeking amendment, the amendment must be allowed. Equally, where the amendment is necessary for the court to effectively adjudicate the main issues in controversy between the parties, the amendment should be allowed. (See Vijay Gupta v. Gagninder Kr. Gandhi & Ors., 2022 SCC OnLine Del 1897) Done By: Sowmiya R.K , B.A.,LL.B(Hons), LLM (Business Law), Junior Legal Consultant
International Maritime Law
INTRODUCTION A larger subset of international law is international maritime law. It revolves on everything pertaining to the oceans and seas. International maritime law specifically regulates ships, persons employed by or on behalf of the ship, and marine resources, such as fish and other marine life as well as oil and natural gas that are found in the seas and oceans. Different concepts under maritime law 1. Ship registration The process that establishes a ship’s nationality documents is called ship registration. A ship’s nationality is established and additional shipping regulations are enforced through registration. It gives a state the legal authority to safeguard a particular ship by associating it with that state. Once a ship’s nationality has been officially recognised, it can sail wherever in the world that its home country’s residents desire. Each ship requires to be registered in a specific country. A ship follows the regulations of the nation in which it is registered. 2. Flag state The nation where the ship is registered is known as a “flag state”. The ship’s flag state has total regulatory authority over it. Additionally, the flag state must certify the ships and their crew members and conduct routine inspections of the vessels for nations that have signed agreements globally. Additionally, the flag state guarantees environmental conservation and safety. The entity designated as the “registry” is in charge of registering ships and certifying their compliance. The type of registry, that is if it is private, public, or a combination of the two, depends on the laws of that country. In certain instances, the government grants permission to a third party to handle ship registration. 3. Ship arrest The phrase “ship arrest” refers to the admiralty procedure of civil law, which involves obtaining an arrest warrant for the ship. A provision in maritime law allows for the stopping of a ship’s movement or trade via a ship until further orders are given by the relevant court. In order to secure a court claim, the ship or vessel is detained through the application of a judicial procedure. It is crucial to remember that this ship arrest does not grant permission to seize a ship for the purpose of carrying out or executing a court order. There are various reasons why a ship may be the subject of an arrest warrant. After following the legal process outlined by maritime law, the authority assigned to carry out this duty may make an arrest of the ship. The ship is also being investigated in connection with this warrant. A ship’s inquiry may be conducted for crimes as well as other incidents such as collisions, salvage, fatalities, injuries to persons, property loss, breaking rules on the road, health or safety laws, and the carrying out of a decree. 4. Recreational boating A ship or boat of any kind that is utilised or capable of being used for transportation is referred to as a “recreational boat.” This includes lifeboats, temporary boats, liveaboard boats, and any other kind of boat. Every year, the recreational boating industry suffers hundreds and thousands of deaths and injuries. It’s crucial that these ships are typically used for non-commercial objectives. Non-commercial boats are subject to the same regulations as commercial vessels. If these non-commercial boaters violate any maritime laws or navigation regulations, they will be subject to the penalties listed in the relevant maritime statutes. With a few exceptions classified as “seasoned maritime incidents,” these incidents are handled by maritime regulations. Comparative fault applies to the harm claim in certain situations, meaning that each party bears a portion of the blame. For instance, all of the operators and participating vessels are considered participants in collisions involving pleasure craft. But, in order to demonstrate their lack of involvement, the party must first acquire proof. Recreational boaters frequently observe errors such as failing to yield to traffic, overtaking other boats illegally, blind turns, speeding, excessive wake-throwing, docking, inadequate navigational lights, mishaps, and a lack of training. 5. Transit passage rights A vessel may move freely within a strait, allowing it to follow a smooth, continuous, and quick transit between two areas of the high seas or exclusive economic zones. This is known as transit passage in the law of the sea. This right of transit passage is subject to an exception, though, which specifies that if a strait forms between a state’s island and its mainland and there is a seaward of the island, the right of transit will not be applicable. Without adjacent notices or governmental approval, every military and commercial ship has the unrestricted right of transit passage in channels used for international navigation in the course of their regular business. Regarding surface ships and submarines, the phrase “normal mode of operation” refers to the surface ship’s ability to navigate in a way that complies with vessel security and the submarine’s ability to travel underwater. The vessel cannot be suspended by the neighbouring states for any needless cause, including military drills. Furthermore, states are not allowed to enact laws or rules that impair the freedom of transit passage. 6. Protection of the marine environment Due to the fact that pollution in marine environments has been a problem for many years, international communities have developed a number of laws and regulations to address this issue. International communities and organisations have listed a number of treaties and conventions to address the problem of the marine population. Even the United Nations Conventions, such as the International Convention for the Prevention of Pollution from Ships, have established standards and guidelines in the field of maritime law. It lays out the responsibilities and duties that signatory nations have to maintain and safeguard the maritime environment. One of the most significant treaties in the area of marine law is the United Nations Convention on the Law of the Sea (UNCLOS 1982), which mandates that all countries endeavour to conserve the marine environment and contains provisions for environmental protection. Maritime law in India –
Doctrine Of Relation Back Under Hindu Law
Introduction The concept of adoption is the transfer of a child from his birth family to a new family, giving the infant new status, rights, and responsibilities while severing all ties to the former family. The theory of relating back, which holds that the child adopted by a widow relates back to the widow’s deceased husband and is entitled to the estate of his deceased adoptive father, was common under uncodified old Hindu law. However, the concept was abandoned after the enactment of the Hindu Adoptions and Maintenance Act, 1956. What was the Doctrine of Relation Back? In order to aid in the legal monitoring of the relationships between heirs, spouses, and their legal entitlement to inherit ancestral property, the Hindu Adoptions and Maintenance Act was passed in 1956. Prior to the enactment of this legislation, there was a prevalent custom known as the Doctrine of Relation Back. According to this idea, which was developed under ancient Hindu law, a Hindu widow could adopt a son after the death of her husband. Furthermore, this son was to be regarded as the deceased husband’s legal adoptive child. The son was regarded as legally adopted from the date of the husband’s death for the sake of ease in inheritance proceedings. The most peculiar rule under this doctrine was that if the deceased’s property was vested to his brothers or other coparceners, then the adopted son would be entitled to divest such property and be considered the deceased’s posthumous son. This doctrine of considering the adopted son of a deceased individual as his posthumous son was mentioned in the case of Shrinivas Krishnarao Kango v. Narayan Devji Kango ((1955) 1 SCR). As a result, the adopted son was eligible to be considered the deceased’s legal heir and therefore be entitled to all property that the deceased owned prior to his death. In Indian society, the son is considered the only “eligible heir,” which is the main benefit of adoption. According to customary Hindu law, a male child was essential to the continuation of the family and the heirship of property. According to this custom, families who had only girls or no children at all expressed interest in adopting sons, which led to the creation of the Hindu Adoptions and Maintenance Act of 1956. Developments in Hindu Succession Laws However, the Hindu Adoptions and Maintenance Act, 1956 ended the practice of relation back due to a number of court decisions and the growth of the equality concept in India. The practice became unlawful under Sections 12(b) and 12(c) of the Act, which claimed that it went against the principle that property cannot be taken away from someone after it has come into their possession. As per proviso (c) of section 12, an adopted child is not entitled to take away from anyone any property that was previously vested in them. The adopted child will inherit the belongings left by the adoptive parents, after their death. If a widow adopts a son, she cannot be discharged of any property that was vested in her before adoption. Furthermore, the division that was completed prior to this adoption is not eligible for reconsideration in order to reorganise the joint family properties. The Hindu Adoption and Maintenance Act, 1956 and its adoption provisions aim to cut off the adopted child’s biological ties once they are placed in the adoptive family’s care, as the Supreme Court noted in the case of Sitabai & Anr. v. Ramachandra (AIR1970SC343). The child is officially transferred from the biological family to the adoptive family. By giving the adopted child, the same status as a natural born child in the adoptive family as of the adoption date, the Act thereby nullifies the theory of relation back. A child’s adoption would result in the adoption family’s ties replacing all of the ones with their birth family as of the adoption date. The Madras High Court noted in the case of Ratan Singh v. Rajaram (AIRONLINE 2020 MP 655) that the individual claiming property ownership based on adoption must demonstrate the validity of the adoption by providing appropriate proof. The onus then turns on the one making the challenge to dispute the same. In this instant case, none of the individuals offering the child for adoption signed the adoption paperwork. The lower court’s judgement was overturned because the court determined that there was insufficient evidence to support the adoption’s validity. Conclusion The Supreme Court has rectified some weaknesses in the Hindu Adoptions and Maintenance Act in certain situations. In such cases, the Supreme Court correctly declared that the widow’s adopted son was entitled to the benefits of her late spouse. A widow who adopts a son adds a member to the family, and all the rights that the son had in his birth family are now restored in the adoptive family, replacing what was lost there. As a result, the child’s relationship with the biological family is cut off, and new rights are established in the adoptive family. Done By: Nithyaparvathy R.G, B.Com LL.B (Hons.), Junior Legal ConsultantFor Origin Law Labs
Who is eligible to be a Portfolio Manager under SEBI Regulations
What is a portfolio? The SEBI (Portfolio Manager) Regulation 2020 provides the eligibility conditions for a person to be appointed a Portfolio Manager. A portfolio means the total holdings of securities belonging to any person. Simply put, it is a curated collection of assets with financial value. The portfolio may include various financial investments like stocks, bonds, liquid assets, commodities, etc. Who is a portfolio manager? They’re the ones who manage clients’ portfolios of securities, goods, or funds on their behalf. They’re like financial superheroes, advising clients on their portfolios and even dealing with goods like gold or oil. But they’re not just anyone, they must be registered under Portfolio Manager Regulations and obtain a registration certificate to function as portfolio managers. Registration of application The applicant must provide any information and clarification as SEBI requires, except in rare scenarios where the principal officers must appear personally. There is no specific time limit for the validity of a certificate of registration provided by the Board; it is valid until it is cancelled or suspended. The board also has the option to reject the application, and the decision has to be communicated to the applicant within 30 days. The board shall reject the application only after providing a proper opportunity to be heard. Principal officer The principal officer is usually an employee of the portfolio manager and is responsible for the portfolio manager’s operations and decisions regarding the administration of the client portfolio. The principal officer also maintains the book of accounts, records, and documents. Qualifications of Principal Officers The principal officer needs to have the following qualifications for the application to be considered by SEBI: Done By: Sri Sai Kamalini M.S , B.A LL.B (Hons.), LLM ( Corporate law and Financial policy),Junior Legal ConsultantFor Origin Law Labs