Comparison of Marriage under Hindu Law and Muslim Law

Marriage can be considered as an important and prime event in an individual’s life. Irrespective of any beliefs, rules, regulations, faith, etc. every religion is having the concept of marriage. Both Hindu law and Muslim law irrespective of so many distinction in their respective religion, gives great importance to marriage. However, the approach that these two religions are having towards marriage is completely different from each other. In simple terms, we can say that both the religions are having same destination but are taking different paths to reach there. According to Hindu law, marriage is harmonizing the two-individual eternity, so they can pursue dharma, Arth and Kama. On the other hand, according to Muslim law, marriage is the legal contract between the two individuals with their consent and the own will. This research paper will do a comparative analysis on marriage under Hindu law and Muslim law. In comparative analysis, first, we will examine the aim and objective of both religious marriages according to their religious sources. Second, we will also explain how the aim and objective of the religious marriage is totally different from each other by comparing from their respective religious sources. Third, we will compare the nature of both the marriage and lastly, we will see how they are considering inter religious marriage under Hindu law and Muslim law. Also, this paper will deal with the validity of the Hindu and Muslim marriage. Both the religions are having a distinct approach towards marriage, which will be dealt with in this research paper.
Keywords: Dharma, Arth, Karma, legal contract, validity.

Constitutionality of Female Genital Mutilation in India

Female Genital Mutilation involves the partial or total removal of external female genitalia or other injuries to the female genital organs for non-medical reasons. It is a traditional practice carried out on young girls, who are usually under the age of 15. This practice has been shown to have severe health complications for women, and thus, is a violation of the human rights of girls and women. In India, the practice is reported to have been performed in the Dawoodi Bohra community. Khafd, as it is identified in the community, is said to be a religious rite that has been in practice for hundreds of years. This paper aims to analyse the practice of FGM from the jurisprudence of Article 25 and 26 of the Constitution through a catena of judgments from the 1950s to the latest case of the Indian Young Lawyers’ Association and Ors. v. State of Kerala (Sabarimala Case) and examine the essentiality of FGM as a religious practice.
Keywords: Female Genital Mutilation, Article 25, Health, Essential Religious Practice, Human Rights.

Pandemic’s Impact on Performance of Contracts: An Indian Perspective

The covid-19 has had a disastrous run and created a greater impact on the business contracts. Many contracts were breached and thereby resulting in cascading effect on the Indian Courts. This in turn has resulted in numerous litigations all over the country where the problematic situation is that we don’t have enough judicial precedents in correlation with this pandemic. Not only in India, but this situation can be witnessed all over the globe. This non-doctrinal research paper speaks on the various societal aspects in which this pandemic has imposed its effects on contracts and their breaches, also discusses on various remedies as per Indian Contract Act, 1872, specific performance and injunctions given by the judiciary as a remedy to the anguished person involved in that contract.
Keywords: Covid-19, Business contracts, Breaches, Cascading Effect, Judicial Precedents, Remedies, specific performance

A Relook at Impeachment of Judges in the Past

This is a constitutional law study titled “a relook at impeachment of judges in the past” This detailed paper focuses on impeachments of judicial figures in the past as well as understanding the level of awareness and outlook of the individuals towards the existing impeachment process of the Judiciary in India.
This Research paper will be discussing the particular issue of Judicial Impeachment in India along with its features and drawbacks with respect to other foreign laws. The foreign countries covered are namely: England, Wales, United States and France. This study also extensively points out the loopholes in the Indian Impeachment method and other suggested recommendations. The paper also aims to understand the concepts of Judicial Accountability and Judicial Independence, in order to highlight the need for both parallelly based on the situation and give a detailed suggestion to the current judicial impeachment mechanism existing in India.
Keywords: Impeachment, Independence, Accountability, Judiciary, Legislature, Misbehaviour, Incapacity.

Eyewitness Testimony in India

An Eyewitness plays a very important role under the Indian Law. An Eyewitness is a witness who gives testimony to the act or the transaction that have been seen by himself and to which he testifies in the court. They are considered to be very significant in the court during trial in order to provide fair and just decision. Their role comes into play when the case is being built before the court of law, ie., during the initial procedure. In order to testify as an Eyewitness in the court, the person must be competent as well as qualified. They play a very vital role in the court as their as their identification of the accused may result in charging or conclusively convicting them. But they cannot always considered to be reliable as there have been certain obstacles many a times. It is often said that eyewitness testimony lead to wrongful convictions which will be further explained n the research paper. According to a study , it had been observed that unreliable or inaccurate eyewitnesses lead to more than 60% convictions that have been held wrong. However there is no inhibition on convicting a person based on a single testimony provided by a single person. There is an inveterate principle which is stated as evidence has to be weighed and not counted. The affirmation that eyewitness evidence is dependable and exact is testable and the exploration is certain that the observer’s recognizable proof is helpless without the observer’s mindfulness.

Trademarks, Colourism and International Legal Standards

The effects of the ‘Black Lives Matter’ Movement with its genesis on US soil seeped into countries such as India, Nigeria et al. where skin lightening creams came under flak. Countries such as the aforementioned spread across Africa, South Asia, Middle East, etc. are also where companies sold products named: White Beauty, Fine Fairness, Fair and Lovely, Light Complete, and so on. The controversy in India led to the company HUL changing its product name from ‘Fair and Lovely’ to ‘Glow and Lovely’. Therefore, this article aims to bring show the underbelly and underpinnings that stitch discrimination and trademarks. This will, furthermore, highlight the mechanism of Intellectual Property Rights as a means to protect the public interest in the social fora rather than locking horns with it.