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Constitution Law

Review on Supreme Court Case [Justice K.S. Puttaswamy (Retd.) vs. Union of India]

This Article is written by Yashika Aggarwal, a B.Com. LLB  4th Year student of Banasthali Vidyapith, Rajasthan. This Article talks about the concept of Right to privacy with respect to the Constitution of India.  Right to Privacy is a Fundamental Right or not? The Right to privacy has always been a topic of debate in History as well as the present scenario. Article 21 of the Indian Constitution states that every individual has a right to life and personal liberty except according to the procedure established by law. Many rights like the right to clean air, water, and atmosphere, right to noise free environment,...

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The Birthright & Citizenship: Hindutva-Pakistan

This Article is written by Shruti Goel, a B.Com. LLB  4th Year student of Banasthali Vidyapith, Rajasthan. The Article talks about the laws related to Citizenship.  Introduction This is what our country is all about; people are proud to hold Indian citizenship and will do its best to represent it. This can be witnessed by the context of the people saying “I AM PROUD TO BE AN INDIAN”. Citizenship of a person is recognized by the law under the Citizenship Act, 1955 and its amendment deals with acquisition and termination of citizenship. Constitution provides with the Citizenship rights for an overseas citizen...

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FUNDAMENTAL DUTIES

Introduction The Constitution of India provides the citizens of India the Fundamental Rights. In the same way, every citizen owes some duties towards the nation. These are known as Fundamental Duties. The relationship of a right and duty go hand-in-hand. If someone has given you a right, then it is your duty to not hinder another person’s right. They are provided under Part IV-A of the Indian Constitution. They were adopted in 1976 by the 42nd Amendment of the Constitution. The 11 fundamental duties are to: Oblige with the Indian Constitution and respect the National Anthem and Flag. Cherish and follow...

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How to Establishing A Cause Of Action In A Civil Suit For Defamation

Introduction Defamation is the publication of a false statement that causes harmed. Whether the statement is published, in the paper, on the Internet, or spoken to another, it has the power to harm you. The person who is filling, a plaint is ‘plaintiff’ and a person, against whom the case is filed for seeking the relief  ‘is called defendant’. Every suit before an Indian civil court has to disclose a ‘cause of action’. It is the set of facts that need to be present before the court so they can recover the damages. The plaintiff in a suit for defamation has to establish the following three elements of the...

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Defamation law and the freedom of speech

INTRODUCTION Even as it provides a remedy to people whose reputations have diminished by defamatory communication. efamation law has to respect the limits placed on law by the fundamental right, freedom of speech and expression. Among the philosophical foundations for restricting the freedom of speech and expression was the ‘harm principle’, which permits restrictions on the freedom of speech to prevent harm to others. One must pay attention on the amount of harm caused by defamatory speech. Article 19 (2) of the Constitution of India, 1950 lists defamation among the several grounds that may justify reasonable restrictions on the fundamental right to freedom...

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Defences in a civil suit for defamation

Even if a defamation plaintiff is able to establish that the defendant published some defamatory communication that referred to him, there are still some circumstances where a defendant may be able to escape liability. During a trial, therefore, once the plaintiff has established these sets of facts, the onus then shifts to the defendant to try to establish any of the following sets of defences: Justification, Fair comment, Privilege, Consent, or Retraction and apology. Let us look at each of the above mentioned defences in some detail.  Justification: The truth of a communication is a complete defence in a defamation suit....

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Remedies In A Defamation Suit

The purpose of the law of defamation is to provide remedies to people who have been defamed. As with other kinds of civil wrongs, a court can award two kinds of remedies- damages and injunctions.  Damages: The court can award monetary compensation to the plaintiff for defamation caused by the defendant. The factors that a court has to take into account to determine the amount of compensation include the nature and the character of the defamatory communication, the extent of its circulation, the position in life of the parties, and the surrounding circumstances of the case. The close the communication...

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Media communication and privacy law

INTRODUCTION In many countries, a ‘privacy law’ has developed to reflect these notions of when private citizens may be seen. It also includes when they should be shield themselves from observation. They can categorize these laws into three parts: Privacy law that originates in common law, That originates in constitutional law, and Privacy law that originates in statutory law. These laws specify the situations in which the state can legitimately, through the police or any investigating agency, can perform the following acts: Listen to telephone conversations Monitor e-mails Analyse the history of our credit card transactions Search any premises or any person’s body. Some...

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Statutory Provisions That Recognize The Right To Privacy

Some Indian statutes implicitly recognize privacy rights or rights similar to privacy. In cases where the conduct of a media communicator amounts to a crime under any of the laws below, a person whose privacy has been invaded initiate criminal proceedings by lodging a complaint with the police.  Anti-voyeurism law: After the 2013 amendment of India’s criminal law, it is a crime for a man to “watch” or “capture the image” of a “woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other...

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FREEDOM OF THE PRESS

The Philosophical Foundations of the Freedom of the Press   In ancient Athens, parrhesia, loosely meaning a frank exchange of views, and isegoria, referring to the equal access to speak before the city’s political institutions, were central concepts of the city-state’s democratic ideology. The ancient Athenians were free to say almost anything in courts and assemblies. To an extent therefore, dissent and subversive views were tolerated. The ideal of free speech, however, was notably set aside in the case of the great philosopher Socrates, who was prosecuted for his religious ideas and political associations. The freedom of the press was articulated for the...

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