Understanding Constitutional Torts

This article on the law of torts (civil wrongs) has been written by Hunney Mittal.

HISTORY AND INTRODUCTION

As per Section 2(m) of the Limitations Act 1963, “Tort means any civil wrong which is not exclusively a breach of contract or breach of trust”. When a person suffers some damage arising out of the act or omission by another he or she can bring a civil suit against them for the unliquidated damages (compensation). Back in the times, when the country was still under the British rule, the concept which was followed was ‘King can do no wrong’ and hence, no liability can be imputed on the state for any damage caused by its employees and hence, no concept of vicarious liability where the employer is held responsible for the acts done by the employees in the course of employment.

While the scenario has  changed completely after the institution of the Crown Proceedings Act of 1947 in England which made the Crown liable in torts like a private person of full age and capacity subject to certain exceptions inter alia in the realm of maintenance of armed forces, postal services, the same age old archaic concept is still followed in India.

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Pictorial Health warnings on Tobacco Products in India

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Rannojoy Middya, in this article, deliberates upon the importance and impact of pictorial health warnings on tobacco products.

According to the 2010 US Surgeon General’s Report:

There is no safe level of exposure to tobacco smoke. Any exposure to tobacco smoke even an occasional cigarette or exposure to second hand smoke is harmful and that damage from tobacco smoke is immediate.”

Paying attention to the above mentioned, a much required implementation took place in a way of introducing the warning massages on the packaging of cigarettes and other tobacco products with the aim of enhancing the public’s awareness of the harmful effects of smoking.

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Prisoners’ Rights- An Indian perspective

This article on the rights of prisoners in India is written by Samhitha Reddy.

Human Rights are the inalienable rights to which every human being is entitled to as a part of the human society. It enables human beings to live a dignified and respectful life and provides equal rights, freedoms and justice to all.

A prisoner is a person who is serving time in prison for the crimes he or she has committed. His rights are curtailed as a punishment for breaking the law. A prisoner is also a human being and hence is entitled to some basic rights to live a modest and reasonably decent life.

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The Right to Love

In this article, Hunney Mittal addresses the issue of criminalization of homosexuality in India and the need to recognise love in all its forms.

Homosexuality – History and Ancient Scriptures

The term has been derived from the Greek word ‘Homo’ which means ‘same’ and the term Homosexuality was coined by German Psychologists who called it as a ‘mental illness’. Western ancient scriptures like Bible are against homosexuality terming it as unnatural, sinful and abhorrent to God, the punishment for which is death[1] and no salvation. On the other hand, the Hindu scriptures are of a view that all the tastes, preferences and tendencies of a person is not a matter of choice but of the past karmas. 

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Feasibility of Uniform Civil Code in India

Vaibhavi Dwivedi, in this article weighs the pros and cons of implementing Uniform Civil Code in India.

This article seeks to focus on three main aspects. Firstly, understanding the essence of Uniform Civil Code; Secondly, the discussion in favour of and against the implementation of UCC and lastly, whether this application of a Uniform Civil Code  is a dream that India should strive to achieve.

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History of Uniform Civil Code in India

Uniform Civil Code are laws that are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. In India, these personal laws differ from each major religious communities on the basis of customs and scriptures. Hence, there has always been a debate on the need for Uniform Civil Code in  India. In this article, Shivam Mittal provides a detailed insight into the history of Uniform Civil Code in India.

The notion of a Uniform Civil Code has, for as many times entered debate as it has been swept behind the drapes. Its banner men, dead or dying, have been around for as long as has its opposition been but neither has for as much as I can confirm, driven a defining blow. Its implementation sits as much in debate as it did about half a century ago.  While it is imperative to focus what it brings with it, its virtues and its vices, it is also very important that we find searching through history, how the personal laws came to separated in the first place and why the British, to whom we stand in debt to for much of the law, did not run a uniform law for the colony when all of it began.
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