Legal Basta

  'Police Encounters as a Popular Form of Custodial Death’  - Implications for Law and Society'. Police encounters are extrajudicial killings that police personnel commit of persons accused of certain heinous crimes like terrorists or gangsters who are assumed to be difficult to nab due to being dangerous and powerful. The police argue that they kill such alleged criminals in self-defense and do not have the pre-meditated plan to kill suspects but only to arrest them.  When arrest is not possible for them due to the threat to their own lives, they use all means necessary to defend themselves against the alleged criminal. As per Section 46 (2) of the CrPC, if a person resists from being arrested, the police have the authority to use “all means necessary” to secure the arrest of the accused.  However Section 46(3) explicitly mentions that the police officer does not have the right to cause the death of the accused. However, it extends this right of life to the accuse...

  "An Examination of Women's Victimization in India: A Focus on Rape Incidents" Introduction   Rape is a horrific violation that devastates victims physically and mentally, reducing them to a state of emotional crisis. Survivors often face secondary victimization, where institutions and individuals fail to provide adequate support. This is especially evident within the criminal justice system, where the rights of victims are not always prioritized. Rape myths and unequal treatment of women in the legal system contribute to its underreporting. Rape is a severe form of violence, destroying lives and perpetuating gender inequality. It is important to address this issue through prevention, support for victims, and legal measures.   Secondary Victimization Or Re-Victimisation Victim    Victim   In the legal context, a victim, as defined by the Criminal Procedure Code 1973 section 2(a), refers to a person who has suffered loss or injury as a result of the accused...

Upholding the Rights of Prisoners in India:  Striving for Justice and Acceptance Introduction: While imprisonment is meant to be a form of punishment, it should also give prisoners a chance to change, get back into society, and start over. While ensuring public safety remains a priority, it is equally crucial to recognize and protect the fundamental rights of prisoners. In India, the rights of prisoners are enshrined in the Constitution and various laws, aimed at upholding human dignity, and ensuring justice. This blog highlights the significance of prisoners' rights, the need for just treatment, rehabilitation programs, and the potential benefits to prisoners and society. Right to Humane Treatment: A Pillar of Justice Every prisoner has a right to be treated with respect and dignity, without being subjected to cruel or degrading treatment in any way. This fundamental right is acknowledged by Indian law, which forbids any physical or psychological mistreatment of prisoners by guar...

  Same-sex marriage in India Recently there has been large amount of discussion surrounding the legalisation of same-sex marriage has been. These discussions started as the Supreme Court started listening to petitions regarding same-sex marriage since April 18 th . After years of struggle and getting arrested under a colonial law, In 2018, the Supreme Court of India partially decriminalized homosexuality by striking down Section 377 of the Indian Penal Code, which criminalized consensual same-sex sexual activities. The ruling was a significant milestone for LGBTQ+ rights in India, as it recognized the right to individual privacy and upheld the principles of equality and non-discrimination. While striking down the colonial-era law, the judges also said that "history owed an apology to LGBT people and their families for the ignominy and ostracism they have faced". But even though homosexuality has been decriminalized since this judgement of Navtej Singh Johar v Union of India ,...

 Data Privacy and AI When it comes to problem-solving, AI is described as systems that are adaptable like people.  AI is seen as a computer-based technology that can easily, accurately, and cheaply address a variety of issues in a variety of contexts without the need for human intervention. Most AI applications require a significant amount of data, including personal data. With the expanding use of AI in various sectors, it is expected to face a variety of ethical and legal quandaries while seeking an effective balance between social advances including the use of AI and fundamental rights to data privacy protection. Current Law:   A number of concerns around data privacy and AI have been raised in India, and efforts have been made to address these worries through legislation. The Personal Data Protection Bill (PDPB), which was introduced in 2019 but has not yet become law, is India's main data protection law. It's important to note that the information shown here ref...

                                       RIGHT TO PROTEST Introduction Protest is a fundamental expression of democratic societies, serving as a powerful tool for citizens to voice their concerns, challenge injustices, and demand change. The right to protest is an essential pillar of democracy, encapsulating the freedom of speech, assembly, and association. In this blog post, we will delve into the significance of the right to protest, its historical context, its importance in safeguarding democracy, and the responsibilities that come with exercising this right. Right to Protest in India – The Fundamental Right The right to protest, to publicly challenge and try to persuade the government to respond, is a fundamental political right of the people that stems directly from a democratic interpretation of vario...