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8th National Article Writing Competition Organised By Team Attorneylex: Register by June 12

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About the Organization

Team Attorneylex is a Student-run organisation, it is an online platform for law students where they can contribute their legal knowledge and get recognized for their contribution. We aim to guide law students in their legal research, content writing, case analysis, read or understand the judgments passed by the courts, etc. because we believe that these things are an essential part of the legal profession.

In this epoch of information explosion, it has become really difficult to rely on the content available online because of various reasons sometimes it is the authenticity of the content itself, the language of content, wrong citations etc. But we are here to ensure quality content for you, written by experienced writers, checked by professionals. This is a website with a mission to provide legal reporting more accurate, transparent and accessible to everyone.

Along with the other activities the endeavour is to deliver legal help to the sectors of society that are unable to access existing legal services due to illiteracy and poor economic conditions.

About the Competition

Team Attorneylex is organising its 8th National Article writing competition for all those who want to show their research and writing skills and are not able to find the perfect stage; here, we are giving them a chance to show their talent.

TOPIC: Any Contemporary Legal Issue.

Eligibility 

Open for all.

Any enrolled student of school/ university/ college, graduate/postgraduates, academicians, advocates, and anyone who can express through the words.

Language: English or Hindi.

The Submission Guidelines Are-

  • Word Limit – 1500 – 2000 (inclusive of footnotes)
  • Co-authorship is allowed (maximum two co-authors)
  • All submission must be sent at submission@teamattorneylex.in
  • The subject of the email should be “Submission: Article Writing Competition.”
  • Write-up must be original and unpublished.
  • Submissions with plagiarised content and copyright issues will be rejected outrightly.
  • The decision of the judges shall be final and binding.
  • Font Size -12
  • Font Style – Times New Roman
  • Citation – 20th Bluebook

The submission shall also be accompanied by another Word document consisting of a Cover Letter mentioning the Name of the Author/s; Name of the Institution/College/University; Designation; Year of Study (if applicable); Email ID.

Registration Fees

Single Author – 100/-( Early bird offer Rs.80, till 28th May)

Two Authors – 150/- ( Early bird offer Rs.130, till 28th May )

Three Authors- 200/-( Early bird offer Rs.180, till  28th May)

Important Dates

Last date of payment and registration: June 12, 2021

Last date of submission: 11:59 PM, June 13, 2021

Declaration of Results: June 20, 2021

Prizes

  • Winner: Cash prize Rs. 3000/- + Certificate of Merit + Free Article publication on the website/Journal + Online Internship opportunity with the Team Attorneylex.
  • Runner up: Cash prize Rs. 2000/- + Certificate of Merit + Free Article publication on the website/Journal  + Online Internship Opportunity with Team Attorneylex.
  • 2nd Runner up: Cash prize Rs. 1000/- + Certificate of Merit + Free Article publication on the website/Journal  + Online Internship Opportunity with Team Attorneylex.
  • Top 5 Performers: Free blog publication at Jus Corpus. (Jus Corpus Law Journal is a HeinOnline and J-Gate Indexed Law Journal, so the blogs will get the maximum reach)
  • Top 10 Performers: Certificate of Merit + Free Article publication on the website/Journal + Online Internship Opportunity with Team Attorneylex.
  • E – participation Certificate will be provided to all the participants.

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Bank details-

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Bank – Punjab National Bank

Account Number- 03842193000248

IFSC Code- PUNB0018300

Registration Link

Click here to register,

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If you have any queries feel free to contact

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Articles

Transfer For The Benefits Of Unborn Person

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This article is written by Uddeshya Yadav, a student at Lovely Professional University, Punjab

INTRODUCTION 

The rule regarding the transfer of immovable property in favour of the person is defined under The Transfer of Property Act under Section 13. However it basically an exception, as under Section 5 of The Transfer of Property Act defines the term transfer of property which basically means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more than one living persons; and “to transfer property” is to perform such act. As from the definition, we can clearly understand that the property should be transfer from one living person to another living person the person should be alive he should be not the dead person and the transferor, which mean that the person who makes the transfer of property can be human or juristic. The will or the court order cannot be included under this as the person who has made the transfer is not the living person he is dead now as the will is the legal declaration of the testator for carrying his property after his death. Property can be transferred by more than one living person and it can also be acquired by more than one living person. It is simple to understand it means that the transferor can be more than one and the same as in the case of transferee they can also be more than one. In general, the provision of the Transfer of Property Act, 1882 does not facilitate the transfer of property directly to an unborn child.

 The term unborn child means  A person who does not have any current existence but has a specific reference to one and who may be born in the future is considered to be an unborn child or person. Even though a child in a mother’s womb is simply not a person in existence, but has been treated as a person under both Hindu Law and English Law.

 It should also be remembered that the word ‘unborn’ not only applies to those who may have been conceived but not yet born, who is a child in the womb but also encompasses those that are not yet conceived. Whether or not they will be born is a possibility, but a transfer of property is admissible for their benefit.

TRANSFER TO UNBORN PERSON 

The property cannot be directly transferred to the unborn person as earlier stated. An unborn person as mentioned under this act means a person who is not in existence in the mother womb. A qualified transferee is a child in the womb of a mother or a child en ventre sa mere. The property which the transferor want to transfer can be transferred to the child in the womb. But if the transferor wants to transfer the property to the person who is not even in the mother womb then the property cannot be transferred because the person is unborn. The transferee should also be in existence at the date of transfer as the transfer of property take place between two living person. Legally speaking every transfer of property involves the transfer of interests. When a property is transferred the transferor divests himself of that interest and vest it immediately in the transferee. So, if a property is transferred directly to a person who is not in existence the interest so transferred shall be divested or be away from the transferor but it would have to remain in abeyance and wait for the transferee to come into existence, in whom it could vest. Such a situation would be against the very concept of interest. 

TRANSFER FOR BENEFIT OF UNBORN PERSON 

Section 13 of the Transfer of Property Act simply describes that the property can be transferred for the benefit of the unborn person two conditions are necessary to be fulfilled-

  1. Prior life interest must be created in favour of a person in existence at the date of transfer., and
  2. Absolute interest should be transferred in the favour of the unborn person.
  • PRIOR LIFE INTEREST 

Section 13 of the Transfer of Property Act, 1882 specifies that if on the date of the transfer, an interest therein is created for the benefit of an unborn person, a prior interest shall be created for the same transfer and the interest generated for the benefit of such person shall not take effect unless it extends to the whole of the remaining interest of the person transferring the property in the property to be transferred. Therefore, in order to transfer property on the date of the transfer for the benefit of an unborn child, it is imperative that the property must first be transferred on the date of the transfer by the trusts process in favour of any person living other than the inborn person. It can be said that in any living person the immovable property must vest between the date of the transfer and the coming into being of the unborn child because the property cannot be transferred directly in favour of an unborn person. In other words, it can be assumed that a prior interest must precede the interest of the unborn individual in all situations.

  • ABSOLUTE INTEREST

The second important condition is Absolute Interest and the unborn child should only be given absolute right and not limited or life interest. Transfer of property for the life of an unborn person is void and cannot take effect. Section 13 enacts that interest given to the unborn person must be the whole of the remaining interest of the transferor in the property. When a property is transferred in favour of an unborn, the transferor first gives a life interest to an existing person. After transferring this, he retains with him the remaining interest of the property. This remaining interest with the transferor must be given to the unborn so that after the termination of prior life interest, the unborn get the whole. i.e. absolute interest in the property.

In other words, the whole of remaining interest is the entire interest of the transferor less prior life interest carved out of the ownership. The transfer in the favour of the unborn and the prior life interest must exhaust the whole interest of the transferor in the property which is transferred by him. If there is any other limitation that derogates or cuts short the completeness of the grant in favour of the unborn, the transfer is void. Thus, life interest or other limited interest cannot be given to the unborn.   

Illustrations:

  1. A transfers his properties to X for life who is unmarried and then to the eldest child of X absolutely. The transfer in favour of the eldest child of X is valid.
  1. A transfers his properties to X for his life and thereafter to U. B for life X is a living person at the date of the transfer. U.B is not in existence at the date of transfer. Here the transfer of life interest in favour of X is valid. But, transfer of life interest in favour of U.B is void because although the transfer in favour of U.B is preceded by a life interest to X but U.B himself has not been given an absolute interest. The result is therefore that X shall hold the property during his life but after his death, it shall not pass on the U.B but shall revert to A or if A is dead by that time to legal heirs.

LEGAL CONSEQUENCES OF TRANSFER FOR BENEFIT OF UNBORN PERSON

Transfer in favour of unborn person has the following legal consequences:

  1. Only life interest shall be granted to the intermediary person residing at the transfer date. During his lifetime on behalf of the unborn, he has to protect the property like a trustee. If this living person has an absolute interest, he may be entitled to have it disposed of by someone. If he maintains it, the property shall go to his lawful heir after his death, and not to the unborn for whose ultimate benefit the disposition has been made.
  1. The unborn must come into existence before the death of the person holding property for life. If the unborn comes into existence say, after one month after the death of the last living person (i.e. after the termination of the preceding interest), the property is to revert to the transferor or his heirs. This is obvious because, after the termination of the life interest, it cannot remain in abeyance and cannot wait even for a moment for the next person to come into existence. 

In the case of Sridhar v. N.Revanna the donor transferred property by way of a gift in favour of his grandson. The property thereafter was to be vested in the male children of the grandson. The court held that the gift deed could be said to have created life interest in favour of his unborn sons. The condition in the gift deed restraining alienation was void. Alienation of the property by the donee after the birth of his sons was improper. These sons were allowed to recover the sale consideration received by their father from the purchaser.

PRE-REQUISITE FOR A VALID TRANSFER OF PROPERTY TO AN UNBORN PERSON 

The procedure for the same as follows:

1. Any person who intends or wishes to transfer the property for the benefit of an unborn person should first make a life estate in favour of a living person and after this, an absolute estate in favour of the unborn person.

2. Till the time, in whose favour the life estate created is alive, would hold the possession of the property, and enjoyment of the property.

3. If the person who was unborn during the time of the creation of life estate, is born, the title of the property gets immediately transferred to the person born but he’ll get the possession only on the death of the life estate holder.

WHEN A UNBORN PERSON ACQUIRES VESTED INTEREST

The provisions of section 20 of the Transfer of Property Act, 1882 mention the concept that in what circumstances unborn person acquires a vested interest. An unborn person may not be able to enjoy possession of the property as soon as he is born but he may, however, acquire a vested interest in the property since his birth. Where on a transfer of immovable property interest is created for the benefit of an unborn person, he acquires upon his birth, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth. The mentioned provision however may be waived off if the terms of the agreement mention a contrary clause.

The section lays down that an interest created for the benefit of an unborn person vest in that unborn person as soon as he is born. Such interest remains vested interest even though he may not be entitled to the enjoyment thereof immediately on his birth.

For example, if “A” transfers an estate to trustees for the benefit of A’s unborn son with a direction to accumulate the income of such estate for a period of ten years from the date of the birth of A’s son and then to hand over the funds to him. A’s unborn son acquires a vested interest upon his birth, although he is not entitled to take and enjoy the income of the property for a period of ten years.

CASE LAWS 

In Girish Dutt V Data Din, A made a gift of her property to B for her life and then to her sons absolute. B had no child on the date of execution of the gift. The deed further provided that in case B had only daughters, then the property would go to such daughters but only for their life. In case B had no child than after the death of B, the property was to go absolutely to X.

The deed on the paper provided a life estate in favour of B’s unborn daughters: which is contrary to the rule of Sec.13. However, B died without any child, and X claimed the property under the gift deed. The court held that where a transfer in favour of a person or his benefit is void under Sec.13, any transfer contained in the same deed and intended to take effect or upon failure of such prior transfer is also void. In determining whether the transfer is in violation of Sec.13, regard has to be made with respect to the contents of the deed and not what happened actually. Here as the transfer stipulated in the void contract, the transfer in favour of X also became void. Hence, X’s claim was defeated.

Another case related to this concept is Raja Bajrang Bahadur Singh v. Thakurdin Bhakhtrey Kuer. In the instant case the Apex Court had observed that no interest can be created in favour of an unborn person but when the gift is made to a class or series of persons, some of whom are in existence and some are nonexistent, it does not fail completely, it is valid with respect to the persons who exist at the time of testator’s death and is invalid with respect to the rest.

In the case of Sopher v Administrator General of Bengal, a testator directed that his property was to be divided after the death of his wife into as many parts as there shall be children of his, living at his death or who shall have pre-deceased leaving issue living at his death. The income of each share was to be paid to each child for life and thereafter to the grandchildren until they attained the age of 18 when alone the grandchildren were to be absolutely entitled to the property. The bequest to the grandchildren was held to be void by Privy Council as it was hit by Sec.113 of the Indian Succession Act which corresponds to Sec.13 of the Transfer of Property Act. 

Their Lordships of the Privy Council observed that: ” If under a bequest in the circumstances mentioned in Sec.113, there was a possibility of the interest given to the beneficiary being defeated either by a contingency or by a clause of defeasance, the beneficiary under the later bequest did not receive the interest bequeathed in the same unfettered form as that in which the testator held it and that the bequest to him did not, therefore, comprise the whole of the remaining interest of testator in the thing bequeathed.

Ardeshir’s Case

In Ardeshir V Dada Bhoy’s case, D was a settler who made a settlement. According to the terms of the settlement, D was to get during life, one-third each was to go to his sons A and R. After D’s death, the trust property was to be divided into two equal parts. The net income of each property was to be given to A and R for life and after their death to the sons of each absolutely. If A and R were each to pre-deceased D without male issue, the trust was to determine and the trust property was to the settler absolutely. The settler then took power to revoke or vary the settlement in whole or in part for his own benefit. It was held that R’s son who was not born either at the date of settlement or his death did not take any vested interest and the gift to him was invalid. A’s son who was alive at these dates did not also take a vested interest.

Applicability of Sopher and Ardeshir rulings in India

The decision in Sopher’s case and Ardeshir’s case were applied by Bombay High Court in Framroz Dadabhoy v Tahmina, in this case, bai Tahmina settled a certain sum upon trust in favour of herself for life and after her death and subject to the power of appointment by codicil or Will among her issues born during her lifetime in trust for all her children who being sons shall attain the age of 18 or being daughters shall attain that age or marry under that age being daughter’s, in equal sums. It was held by their Lordships that the decision in the Sopher’s case could not be applied to the trusts of a settlement which were transfer inter-vivos. It was held that the words ‘extend to the whole of remaining interest of the transferor in the property’ in Sec.13 of the Transfer of Property Act were directed to the extent of the subject matter and to the absolute nature of the estate conferred and not to the certainty of vesting.

HINDU LAW AND MUSLIM LAW

Under pure Hindu law, a gift or bequest in favour of the unborn was void. But now the Transfer of Property Act applies to the Hindus, so the transfer of properties in favour of an unborn person is valid if it fulfils the conditions provided in Section 13. 

In Muslim law a gift in favour of a person not in existence is void, and Section 2 of the Transfer of Property Act provides that nothing shall be deemed to affect any rule of Mohammedan Law. So, Section 13 of the Transfer of Property Act, 1882 is not applicable to transfers made by Muslims.

ENGLISH LAW

The English law relating to transfer in favour of unborn persons is now governed by the rule against perpetuities as laid down in section 163 of the Law of Property Act, 1925. Before this Act, the property could be transferred in favour of the unborn subject to rule against double possibilities. Under this rule, the property could be transferred for life in favour of the first unborn person but to next unborn absolutely. If life estates were granted to two successive unborn person the transfer in favour of only the second unborn was void because it violated the rule against double possibilities. Thus under this rule, A could transfer properties to U.B 1 for life and then to U.B 2 absolutely. Now the transfers in favours of U.B 1 and U.B 2 are valid only if there is no violation of the rule against perpetuity as laid down in section 163 of the Act of 1925. 

CONCLUSION 

The transfer in the case of an unborn child cannot be carried out directly but can be carried out indirectly by the trusts’ machinery. In other words, the interest of the unborn person in possession of that particular immovable property shall constitute the entire interest. The legitimacy of a transfer for an unborn individual, it is significant that the entire of rest of the interest of the individual moving the property ought to be passed on to the unborn person. Besides, when the transfer of property comes into activity, the vested interest is likewise moved to the unborn person. The transfer to the unborn can be done only in the manner as is mentioned in the section.

Articles

CLASSIFICATION OF COMPANY SECURITIES

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This article is written by Abhishek Yadav, Maharaja Agrasen Institute of Management Studies, Rohini

This article basically deals with the topic of classification of corporate securities which includes the definition of securities according to the security contract act, 1956 and their various types.


WHAT IS SECURITIES?
Security, in business economics, written evidence of ownership conferring the right to receive property not currently in possession of the holder. The most common types of securities are stocks and bonds, of which there are many particular kinds designed to meet specialized needs. If we talk about kinds of securities, then there are various types of securities available other than stocks and bonds Basically Securities allude to an investment that can be unreservedly traded in the market and gives a privilege or guarantee on an asset and all future cash flows produced by that asset.


ACCORDING TO SECTION 2(H) OF SECURITIES CONTRACT (REGULATION) ACT, 1956 :
SECURITIES INCLUDE – shares, scrip’s, stocks, bonds, debentures, debenture stock or other marketable securities of a like nature in or of any incorporated company or other body corporate.


CLASSIFICATION OF SECURITIES
Securities can be divided into government securities and corporate securities on the basis of source of the issue.


CLASSIFICATION OF COMPANY SECURITIES
CORPORATE SECURITIES
Organizations issue various kinds of shares to clean up assets from different investors. Before Companies Act, 1956 public companies used to give three sorts of shares, for example, Preference Shares, Ordinary Shares and Deferred Shares. The Companies Act, 1956 has restricted the kind of shares to just two-Preference share and Equity Shares.


EQUITY SHARE
Equity shares, otherwise called ordinary shares or common shares speak to the proprietors’ capital in an organization. The holders of these shares are the genuine proprietors of the organization. They have a command over the working of the organization. Equity shareholders are delivered a profit in the wake of paying it to the preference shareholders. The pace of profit on these shares relies on the benefits of the organization.


PREFERENCE SHARES
As the name proposes, these shares have certain preferences when contrasted with a different type of shares. These shares are given two preferences. There is a preference for the instalment of profit. At whatever point the organization has distributable benefits, the profit is first paid on preference share capital.
Different investors are delivered dividend just out of the rest of the benefits, assuming any. The second preference for these shares is the reimbursement of capital at the hour of liquidation of the organization. In the wake of paying outside loan bosses, preference share capital is returned. Equity shareholders will be covered just when preference share capital is returned.


DEFERRED SHARES
These shares were prior given to promoters or founders for administrations rendered to the organization. These offers were known as Founders Shares since they were ordinarily given to founders. These shares rank last so far as an instalment of dividend and return of capital is concerned. Preference shares and equity shares have needed as to instalment of dividend.
These shares were by and large of a little division and the administration of the organization stayed in their grasp by temperance of their voting rights. These shareholders attempted to deal with the organization with proficiency and economy since they got dividend just finally.


NO PAR STOCK/SHARES
No par stock methods shares having no assumed worth. The capital of an organization giving such shares is partitioned into various determined shares with no particular category. The share endorsement of the organization basically expresses the number of shares held by its proprietor without referencing any presumptive worth.

The estimation of an share can be controlled by partitioning the genuine total assets of the organization with the absolute number of shares of the organization. Dividend on such shares is paid per share and not as a level of fixed ostensible estimation of shares.


SHARES WITH DIFFERENTIAL RIGHTS
“Shares with differential rights” means that shares issued with differential rights in accordance with section 86 of the Companies Act.
Section 86 of the companies Act, as amended by the Companies (Amendment) Act, 2000, provides that the new issue of the share capital of a company limited by shares basically of two kinds namely:


EQUITY SHARE CAPITAL
With voting rights,
With differential rights as to dividend, casting a ballot or in any case as per such rules and subject to such conditions as might be recommended.


PREFERENCE SHARE CAPITAL
Sub-clauses (i) and (ii) in clause (a) above were inserted by the Companies (Amendment) Act, 2000 which came into effect on 13th December 2000.
Subsequently, section 88 of the Companies Act was precluded which restricted issue of equity shares to unbalanced rights.
Nonetheless, it must be noticed that the issue of shares with differential rights as allowed by the Companies (Amendment) Act, 2000 is associated with equity shares just and not the preference shares.


SWEAT EQUITY
The term ‘sweat equity’ signifies equity shares gave by an organization to its employees or chiefs at a markdown or for thought other than money for giving ability or making accessible rights in the idea of intellectual property rights (state, patent or copyright) or worth increments, by whatever name called.

The thought behind the issue of sweat equity is that a representative or executive works best when he has ‘feeling of belongingness’ and is plentifully remunerated.

One of the methods of rewarding him is by offering him portions of the organization at low costs, where he is working. It is named as ‘sweat equity’ as it is earned by difficult work (sweat) of employees and it is likewise alluded to as ‘sweat equity’ as employees become upbeat on the issue of such offers. The reason for sweat equity is to guarantee more dedication and support of employees.

DEBENTURES OR BONDS
An organization may raise long haul account through public borrowings. These advances are raised by the issue of debentures. A debenture is an affirmation of a debt. As per Thomas Evelyn.

“A debenture is a record under the organization’s seal which accommodates the instalment of a chief entirety and intrigue subsequently at ordinary interims, which is generally made sure about by a fixed or drifting charge on the organization’s property or undertaking and which recognizes a credit to the organization’s property or undertaking and which recognizes an advance to the organization”.

A debenture-holder is a loan boss of the organization. A fixed pace of intrigue is paid on debentures. The interest on debentures is a charge on the benefit and misfortune record of the organization. The debentures are commonly given a drifting charge over the benefits of the organization. At the point when the debentures are made sure about, they are paid on need in contrast with every single other creditor.


CONCLUSION
These are the types of securities of the government securities and corporate securities. As we have already understood that Government securities are bonds and securities given by the government towards meeting their budgetary shortages. These securities are considered as perhaps the most secure type of investment as sovereign assurances back these. Investors can purchase and offer these securities to procure capital gains and appreciate a steady premium instalment on the presumptive worth of their investment. On the other hand, the corporate securities can be as the- debentures, shares, loans from institution’s, public deposits. And all these for the purpose of making fixed capital, joint-stock organizations mobilize funds from the public in the form of ordinary or equity share or preference shares.

Articles

THE NEED OF A STRICT POPULATION CONTROL LAW

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This article is written by Abhishek Yadav, Maharaja Agrasen Institute of Management Studies, Rohini

Introduction: Controlling a population, shaping the future
One of the major issues in the world is population nowadays because the population is increasing day by day and the sources are limited for living. For creating the awareness about this population issue we celebrate Population day every year on the 11th of July. Population growth in the world directly triggers higher demand for provision of various aspect of Human existence including housing, healthcare, food, infrastructure, jobs access to resources and many other issues. Controlling the population and their sustainability is vital in the health of a country’s economy.
There is not a set pattern to solve this issue either in developed or in developing counties. One of the best way to aware the people about that the population growth is just by giving the education to them about this population problem like to getting them to know that if the world becomes overpopulated so no one can get a better life and everyone going to face the difficulty to getting the better education, healthcare, and future job opportunities etc. (1)
People are more aware in the developed countries in comparison to the developing countries about the family size and population growth issue, the people who are in developing countries there traditional perception about children as important capital for a family are still prevalent.
Need to control the population
If we talk about India so population growth is a major issue in the country right now, PM Narendra Modi in his Independence Day speech called for deeper thought about this issue. PM said that this population explosion can create new problems for future generations. However, the government is doing there best to aware the citizen of the country about this issue. (2)
The population is a big concern even the growth rates are declining recent estimates and statistics are showing slightly positive picture about India. But still, this is a major issue because of social and economic reasons. According to the ‘world population report, 2019’ India will overtake China in less than a decade but the news projections for India are the lowest since the UN began these forecasts. The reason is the sharp decline in India’s population growth rates over 10 years from 2001 to 2011. According to Census 2011, the growth rate of population has declined from 21.5% during 1991-2001 to 17.7% during 2001-2011, across all religious groups.(3)


Why do we need strict population control law
A country can only survive and grow when their population is in control because the sources are limited to fulfil the need of everyone. According to many of eminent personality in the recent time, we need a strict law to control the population problem and even the government is also aware of this issue that how much we need a strict law to tackle this issue according to Sanjeev Balyan (Union Minister, Govt. Of India) “Population explosion is the reason for most problems we are facing in this country. Pollution, poverty, and lack of sanitation facilities are all related to the high population and ‘Bharat Mata’ cannot bear this burden anymore.”(4)

And the government has presented their population control bill, 2019 in Rajya sabha once and there are doing everything to control the population in the county. World’s Population as of Now: as per the UN population division the current population of the world is 7.8 billion and the five most populous countries are as follows:


1 China 1,415,046,928
2 India 1,354,051,764
3 United States 326,766,948
4 Indonesia 266,894,980
5 Brazil 210,867,954
In a country like India where the sources are limited to fulfil the need of everyone and the citizen’s of the country are not that educated or aware about the issue like population control and they believe in the traditional values about there children’s especially the boy, so because of all this, it becomes the duty of the government to aware the citizens of the country about the population problem and they also need to make the strict laws related to population control so that it can help in controlling the population.


Conclusion
The world is facing the population issue especially the countries like China and India and other developing countries because of the lack of education, lack of awareness and because of there tradition values more than half of the world population is living in 2 countries(China and India) but China has made some controversial decisions to control the population like the one-child policy but in India, there is not such any law to control this issue and because of this the population is rising rapidly. This is time that we need to think and take actions related to this issue and make some strict laws and aware of the citizens.
Recently the government of Assam made a public controversial draft population policy. Under the policy, those with more than two children will not be able to get the government jobs or avail benefits like government housing contest local body elections.(5)
Overpopulation will give us nothing but just the problems because the natural sources are limited and this mother earth is not able to bear our weight anymore and becomes incapable now so, this is the time to do something to control this population problem not only in one country but in the whole world.

Abstract: The world is currently facing the population issue and they need to take the actions against it make some strict laws to control this issue other this can harm everyone.

Reference
Articles

MEDIATION A TOOL FOR ACCESS TO JUSTICE

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This article deals with the topic of mediation which is a part of ADR. This article basically talks about the importance of mediation and how it is important in these times.


INTRODUCTION

ADR i.e. alternative Dispute Resolution as it very well may be effectively comprehended by the words that ADR is an alternative technique to resolve disputes now first we need to comprehend that what is the conventional method that is “court”. In India, as we all know there are plenty of cases pending and courts can’t resolve all the cases and the Indian judiciary is inefficient to manage the pending cases. The administration knows about this reality and that is the reason the legislature has supported for setting up in excess of a thousand fast track courts and these courts help a ton to break up and settle a large number of cases. Be that as it may, much after that the number of pending cases is expanding day by day.

To manage this sort of circumstance ADR can assume an extremely indispensable job. ADR can resolve the dispute swiftly and the decision that gets through this ADR is acknowledged by both the parties. ADR is generally acknowledged on the grounds that it settle the dispute in practice a wide range of issues like a commercial, civil, family and industrial issues, and so on.1

RELATION OF ADR WITH CONSTITUTION AND OTHER ACTS.

At the point when we talk about ADR in the Indian situation so ADR in India was founded on the Constitutional article 14 right to equality and Article 21 right to life and personal liberty. Article 39 A, DPSPs, are likewise included in the ADR for giving justice and free legal aid, Furthermore, when we talk about explicit acts that are connected with ADR so for the Arbitration and Conciliation Act 1996 and legal services authority act 1987 is there. Section 89 of CPC 1908 likewise discusses the alternative method, this section gives that opportunity to the individuals, in the event that it seems to court there exists a component of settlement outside the courts at that point court figure the particulars of a potential settlement and allude the equivalent for arbitration, conciliation, mediation and Lok Adalat.


WHY ADR IS THE NEED OF THE TIME?

Since this procedure is quick thusly less time-consuming in contrast with conventional court procedures. Less expensive than litigation and saves money as well. It is adaptable and liberated from the technicalities of courts and individuals can resolve their disputes without any problem. It is a nonbinding procedure with the exception of from few methods people are allowed to express and they can reveal the true facts identified with the case.


TYPES OF ADR

  • Arbitration
  • Conciliation
  • Negotiation
  • Mediation
  • Lok Adalat

WHAT IS THE SIGNIFICANCE OF ACCESS TO JUSTICE?

In 1999 the then chief justice of the family court Alastair Nicholson, and sue lynch wrote: “any conversation of access to Justice should be set inside a more extensive setting than that of the legal framework alone and in the time of 2009 the access to the justice task force in the commonwealth attorney, journals dept. Published ‘ a key structure for access to justice in the federal civil justice framework. Access to justice is key to the standard of law and basic to the enjoyment regarding fundamental human rights, it is a basic precondition to social incorporation and a basic component of a well-working majority rule government. An effective justice system must be available in the entirety of its parts without this, the framework dangers losing its significance to, and the regard of the network it serves availability is about more than straightforward entry to land stone structure or getting legal advice. While courts are a significant part of the justice system, there are numerous circumstances courts are the last spot individuals will get the result they are searching for to determine issues.

The basic test is whether our justice system is simple, reasonable, and affordable. It is additionally significant that the framework gives viable early mediation to assist individuals with settling issues before they raise and lead to digging in a disservice.

An alternative mechanism to improve value and access to justice and accomplish lower cast civil dispute resolution, in both metropolitan regions and provincial and remote communities and the expense and advantages of these.

Where parties can’t arrive at a private resolution, the civil justice system gives them different approaches to determine the dispute and mediation is one of the ways.


WHAT IS MEDIATION?

Mediation is one of the methods of alternative dispute resolution(ADR) accessible to parties. Mediation is basically a negotiation encouraged by an impartial third party. Unlike arbitration, which is a procedure of ADR fairly like a trial, mediation doesn’t include decisions by the impartial third party. ADR techniques can be started by the parties or might be constrained by enactment, the courts, or legally binding terms.


IS MEDIATION RIGHT FOR YOU?

At the point when pieties are reluctant or unable to resolve a dispute, one great option is to go to mediation. Mediation is commonly a short term, structured, task-situated, and “hands-on” process.

In meditation, the disputing parties work with an unbiased third party, the mediator, to determine their disputes. The mediator encourages the resolution of the parties’ disputes by regulating the exchange of information and the haggling procedure. The mediator enables the parties to discover shared opinions and manage unrealistic desires. The individual may likewise offer inventive arrangements and help with drafting a final assessment. The role of the mediator is to decipher concerns, transfer information between the parties, outline issues, and characterize the issues.


WHEN TO MEDIATE

Mediation is generally a voluntary procedure, albeit now and again resolutions, rules, or court orders may require participation in mediation. Mediation is regular in small claims courts, housing courts, family courts, and some criminal court projects and neighbourhood justice system.

Dissimilar to the litigation procedure, where a nonpartisan third party (normally a judge) imposes a decision over the issue, the parties and their mediator commonly control the mediation process – choosing when and where the mediation happens, who will be present, how the mediation will be paid for, and how the mediator will interface with the parties.


WHAT IS THE ROLE OF THE MEDIATOR

Every time the last decision is taken by the parties and the mediator doesn’t decide anything and he has no power to decide the dispute between the parties and essentially put he is the guardian of the procedure and he can’t give his recommendation gave it is evaluative mediation. Be that as it may, what does the mediator do is he simply offer his input and attempt to come to a conclusion which is generally of the parties by their own points.


PROCEDURE

  • Opening statement
  • Joint session
  • Separate session
  • Closing

In the opening statement, the mediator just gives all the information about his appointment and he proclaims that he is an unbiased individual and he has no interest in the subject matter. In the joint session, the mediator attempts to comprehend the facts and the issues of the case and he assembles each data identified with the dispute by welcoming both the parties and parties present their case and give their point of view looking into the case.

In the separate session fundamentally mediator accumulates information by taking both the parties in confidence separately and he attempts to comprehend the core of the dispute. In the wake of hearing both the parties and when he comprehends the entire dispute, he attempts to make alternatives for settlement through parties on the statement, facts which are given by the parties subsequent to being asked by the mediator.

Mediation is not quite the same as conciliation as conciliation is the formulation of opinion and conveyance of verdict. Be that as it may, in mediation, a mediator is just a facilitator and just render his opinion in the dispute and he can convey his verdict with respect to the contest anyway the conciliator plays more interventionist role and make a proposition for the dispute and this was decided in the case of Salem Advocate Bar Association v. U.O.I; in this case, SC held that mediator is merely a facilitator while the conciliator by making proposals for a settlement of the dispute and by reformulation the conditions of the settlement assume a progressively dynamic the mediation is the procedure of structured negotiation including various stages like a joint session, introduction, separate session and so on.


HOW IT IS A TOOL FOR ACCESS TO JUSTICE

As we already understood that what is the significance of access to justice and how it is related to ADR now let’s try to understand how it is a tool for access to Justice.

At the point when parties can’t arrive at a private resolution then the civil justice system gives them different approaches to determine the contest mediation at that point turns into the most embraced structure for this since it is the nonbinding decision by the mediator. Parties can without much of a stretch access the Justice through their own particular manner by giving the fact to the mediator and thus resolve the dispute, access to Justice implies the capacity to get Justice by any individual and the most ordinary method for getting justice is through a court of law yet nowadays courts are overburdened by loads of cases at the principal example court alludes the parties to determine the dispute through mediation.

As has just been expressed that a mediator is a nonpartisan third party that goes about as a guardian of the procedure without mediating in the topic makes it a method for settling disputes agreeably and it additionally is a swift and adaptable method for resolving disputes with sets aside both money and time. Since mediation isn’t a procedure to be recorded for the public record their for it likewise spares the generosity of the parties from being discoloured. Every one of these highlights of mediation makes it the fittest method for resolving disputes between parties in today’s time when the courts are troubled with cases.


CONCLUSION

Mediation is one of a few ways to deal with resolving disputes It contrasts from the antagonistic resolution process by temperance of its simplicity, familiarity, flexibility, and economy. Mediation gives the chance to parties to concur terms and resolve issues without anyone else, without the requirement for legal representation or court hearings.

Why mediation is important and how it is a tool for access to justice, following are some of the benefits which typically associated with mediation.

  • Recognition
  • Empowerment
  • Speedy trial
  • Economical
  • Confidentiality
  • Quality of settlement
  • Avoid bad outcomes


The prior is only a portion of the convincing reasons to mediate disputes. Besides, there is only here and there any genuine drawback to mediation. While some may hesitate “to lay it all out there” in mediation, in this period of disclosure driven litigation, the old “trial by ambush” long stretches of civil litigation are progressively turning into a relic of times gone by. Mediation works not just on the grounds that it centres around the parties, own interests, and agendas. yet in addition since it gives the chance to parties to move beyond dispute proficiently and graph their own future.

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DATA PRIVACY IN REFERENCE WITH AROGYA SETU APP

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The application – Aarogya Setu, which signifies “bridge to health” in Sanskrit – was launched only a month and a half ago.
India has made it compulsory for government and private part employees to download it.
However, users and experts in India and around the globe state the application raise colossal data security concerns.


Aarogya Setu stores location information and requires consistent access to the mobile Bluetooth which, experts state, makes it obtrusive from a security and privacy perspective.
In Singapore, for instance, the TraceTogether application can be utilized solely by its health ministry to get to the information. It guarantees peoples that the information is to be utilized carefully for disease control and won’t be imparted to the law enforcement agencies for implementing lockdowns and quarantine.

“Aarogya Setu holds the adaptability to do only that, or to guarantee consistency of lawful requests, etc,” says the Internet Freedom Foundation, a digital rights and liberties advocacy group in Delhi.

Concerns have also been raised over how much data the app collects. It asks its users to share their name, phone number, age, gender, profession, and details of countries visited in the last 30 days.
In addition, it asks users to self-assess for any possible COVID-19 symptoms and enter that data daily. The app shows users how many people have symptoms in a particular radius, and how many have tested positive. It sends alerts when a new person near you tests positive, or if someone who was near you previously tests positive.


India has no national data privacy law, and it’s not clear who has access to data from the app and in what situations,” researchers at the Massachusetts Institute of Technology (MIT) have said in a review. The team at MIT ranks various COVID tracing tracker apps around the world for their transparency and other factors, and Aarogya Setu met just two of its five criteria.

There are no strong, transparent policy or design limitations on accessing or using the data at this point,” the researchers say while noting that India is the “only democracy making its app mandatory for millions of people.


Some fear India’s app could be used in a way that would violate civil liberties, including by helping to build a state surveillance system that could be exploited after the app outlives its coronavirus-tracking purpose.

The government, meanwhile, is considering expanding the mandate for the app. It already covers all train travellers, and it may also apply to air passengers once the world’s biggest COVID-lockdown lifts and flights resume.

Violation of the law laid down by the Supreme Court– It is important to note that the Aarogya Setu app has been launched in the time of an ongoing pandemic, when the Governments are trying to maximise data collection, often at the cost of privacy rights of citizens. India does not have a law dealing with personal data protection which should be limiting data collection and processing. SFLC.IN, along with a coalition of lawyers, social activists, entrepreneurs, and concerned citizens, had recently sent a joint letter to various ministries of the Central Government and also the heads of states and union territories expressing concerns over the unwarranted and excessive collection of personal data during the ongoing COVID-19 pandemic urging the various governments to follow law enunciated in various Supreme Court judgments. If you haven’t signed on the campaign letter.


“Aarogya Setu” is not open source – Though the Central Government has a prevailing policy on adoption of open source software the Aarogya Setu app’s code has not been made open source. Making the source code available enhances transparency and this also improves security as the code is open to community audit. The app primarily collects personal data from user cellphones and cellphones are an immense repository of personal data of users and sometimes, of a user’s contacts and acquaintances. In this scenario, keeping the source code of such an app proprietary is not advisable.

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MEDIA TRIAL

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Whenever a sensational criminal case comes to be tried before the court, there is an expected upsurge in the public curiosity. Using the thirst for sensational news, Media, including TV Channels, Newspapers, News Websites etc. start publishing their own version of the facts. They call it investigative journalism, which is not prohibited in India. The impact of television and newspaper coverage on an individual’s reputation by creating a widespread perception of guilt or innocence even before a court of law has announced its verdict, is called “Media Trial” or “Trial by media”.

Legal Provisions pertaining to Media Trial

Following legal and constitutional provisions:

Freedom of Expression

The Freedom of Expression has been enshrined in Article 19(1) of the constitution. This article is one of the important facilitators for widespread media engagement in democracy. On the other hand, Article 19(2) empowers the state to put reasonable restrictions on the freedom given by Article 19(1).

Right to Life and Liberty / Right to Privacy / RTI

The media trial has been alleged to violate the Fundamental Right secured by Article 21 (right to life and liberty) of an individual. Right to Privacy has been recognized as a right “implicit in the right to life and liberty guaranteed to the citizens of this country by Article 21. However, the law of the land has made some exceptions to the rule of privacy in the interest of the public, especially, subsequent to the enactment of the Right to Information Act, 2005 (RTI).

During media trials, not only the suspects and accused but also the victims suffer from excessive publicity and invasion of their privacy rights. When the media unilaterally conducts a sting operation, it violates the privacy of another person and makes it liable for legal action. The right to privacy of an individual should be protected unless there is an identifiable large public interest.

Under the RTI act is also an exception under section 8 (1) (j), which exempts disclosure of any personal information which is not connected to any public activity or of public interest or which would cause an unwarranted invasion of privacy of an individual. However, what constitutes an unwarranted invasion of privacy is not defined.

Right to Reputation

Right to reputation implies that any allegation casting an adverse reflection on the character of an individual should not be published, unless it comes under certain circumstances. If it is not under those circumstances, the media entity will be guilty of defamation. This also emanates from article 21 of the constitution.

Laws of contempt of court

The paramount considerations for the law of contempt of court include the dignity of the court and fairness of the trial. This implies that once a case has reached court, no one is allowed to publish his own version of the facts. A violation of this rule, which has evolved judicially, would amount to contempt of court. It is backed by various statutes and prohibits the publication/broadcast of certain matters under the court trial. One example is that the name of a rape victim cannot be published without permission of the court.

Current Affairs on Media Trial

Former Chief Justice of India R M Lodha described the issue as “very serious” and said the court would consider some guidelines to be put in place for balancing the rights and interests of all the stakeholders.

  • The Supreme Court needs to delve into the issue in the wake of growing instances of trials by media and public condemnation of accused on the basis of information provided by police and prosecutors although the trial remains to conclude.
  • Court has taken a serious note on a media briefing by police and other investigating agencies.
  • Nothing should be done to hamper investigations and secrecy of the probe.
  • This all needs certain checks because they all touch upon Article 21.
  • A parallel process of trial by media should not be allowed when a trial is already going on in court.

The Supreme Court is now expected to consider framing guidelines for media over covering criminal cases and briefing by investigating agencies.