Law & Emotions

The paper explores the idea of emotions in the legal realm. The shared relationship between the law and emotions and how they influence each other back and forth. The paper also focuses on role of collective and individual emotions in shaping the law and the reducing the punishment when it is done in the heat of some emotion. This paper evaluates with the help of certain Inidian cases and draws the relationship between law and emotion.The role of collective and individual emotions in shaping the law also reflects in the evolution of law. The role of stakeholders, the position they hold in the society and many other factors. Lastly, how the shared emotions spurred in the private realm, forces individuals to come together for a legal discourse also further intertwines the subject of law and emotion stronger.

Aadhar Card and Right to Privacy

Over the years legal scholars have attempted to define privacy but it is only in the last century this word has been used as a legal concept to describe the state’s duty to let its people alone in certain spheres of their lives. Later in the course of its academic and juristic evolution, the concept was described more succinctly as the claim of individuals, groups or institutions to determine for themselves when, how and to what extent information about themselves is communicated to others. The scheme of Aadhar card infringes on people’s privacy as there was misuse of power, trust, personal information and data. Biometric data and iris scan that was being collected for issuing AADHAR violated the citizen’s fundamental right to privacy as their personal data was not being protected and was vulnerable to exposure and misuse. Privacy is an essential aspect of dignity. Dignity cannot exist without privacy. Both reside within the inalienable values of life, liberty and freedom which the Constitution has recognized. Privacy is the ultimate expression of the sanctity of the individual. It is a constitutional value which straddles across the spectrum of fundamental rights and protects for the individual a zone of choice and self-determination. Expression ‘life’ under Article 21 means not merely the right to a person’s “animal existence” and that the expression ‘personal liberty’ is a guarantee against invasion into the sanctity of a person’s home or an intrusion into personal security.

A Heinous Crime Rape

Rape is a crime committed by men against women, which hampers the dignity of the women in the society. Men in the world commit the crime of Rape in a very brutal way for which the victim has to suffer for long duration or lifetime. There are so many families in the Indian society who still considers that the life of a person is over if she is a rape victim. An act of Rape can have several and dangerous consequences such as physical & mental harm, mental distress, severe depression etc. The detailed analysis of various laws related to rape will be given in the final research paper. The concept of rape came into existence in IPC because it is against morality of the person. To be a good human we have to be moral first. Morality consider as one of the important principle of life. The paper will discuss the various amendments of Rape laws under Indian Penal Code, 1860 and different Indian and Foreign cases of Rape.

Proximate Cause: Is it Interpretation of Courts or Is There Any Clear Definition

This project focuses on whether proximate cause has a clear definition or is it interpretation of Courts. The detailed study indicates that the court decides and interprets what proximate cause is in each case and the court has full discretion to decide the matter in each case and thus there does not exist any clear definition of this doctrine . this has been analyzed with the help of different case laws and illustrations.

Development of Maritime Law

“Let the sea set you free”, Ocean has been one of the earliest channels for transportation of goods and people. Even today it plays an important role in trading on an international level since ships are capable of carrying bulky which would not have been possible otherwise . The sea was used for commerce by people from a lot of countries which led to disputes and wars. This led to the emergence of maritime law. Maritime law is a body of law which consists of rules and regulations related to the shipping industry . Rhodian Sea Laws are considered to be the earliest maritime laws. The influence of Rhodian Sea Law was altered with the rise of Roman Empire . But a uniform code based on Rhodian Law remained and were later on leveled up by the Romans . . Three noted codes of oceanic law – whose standards were found in the Roman law, were figured in Europe amid the three centuries between A.D. 1000 and A.D. 1300. These were- Consolato del Mare ( Regulation of the Sea) , Laws of Wibsy and Laws of Oleron . Contemporary oceanic law is a blend of antiquated tenets and new at laws both national and universal . current sea law comprises of laws that are of memorable inception and of ongoing advancement. The soonest known sea laws were uniform . The authentic consistency of early oceanic laws declined with the development of sovereignity . The International Maritime Committee or CMI started consistency among national oceanic enactments of part nations . This association has likewise proceeded with the move towards uniform sea laws . Since 1958, a large number of CMI’s capacities have been taken by the International Maritime Organization of the UNO.

No Country For Parallel Courts Critique on the functioning of Sharia Courts as organs of Alternate Dispute Resolution

How far can a minority community go for promoting and preserving their culture without being touched by the ideals of law? This question has given rise to most complex discourses since the beginning of emergence of states as nations. In addition to legal rights, an individual recognizes some moral rights as well, essential for one’s identity. Intellectuals today are wary of the state and the constitution not identifying those rights on one hand, on the other, it is also a concern that it might encroach upon the practices already established. This research article is an attempt to analyze one such issue of Sharia Courts. Being popularized as an organ of Alternate Dispute Resolution System, a deeper study reveals certain fundamental issues which might be viewed with criticism by enlightened member of civil society. These issues, however, can be worked upon to render an informal justice scheme complementary to our integrated judicial system. I believe, with coordinated action from state as well as religious actors, these courts can act as effective tools of adjudication.