Issue 2

1. Evolving Dynamics of Law of Evidence in India

By Snigdha Dash

From National Law University, Odisha

The Law of Evidence in India has had its prevalence since time immemorial, making it an integral part of jurisprudence and the smooth functioning of the justice system in the country. The article aims at conducting investigative research through the doctrinal methodology of the emergence of the Law of evidence in India, mapping through ancient, medieval, and colonial India. This article throws light on why there was a need for codification of the religious and customary laws that prevailed during colonial times and to come up with a defined law to administer and regulate the whole country. Thereby, The Indian Evidence Act was adopted in 1872 which eased the process of evidencing proofs and facts for speedy justice, and certainty in law-making. Further, it discusses how, with time, the provisions of this 145-year-old statute: the Indian Evidence Act, 1872 needs modernization to capture the contemporary changes in society and crimes. It highlights how the concept of Burden of Proof has, with time, become anachronous and may have severe ramifications in the future if not amended in due time. It also focuses on the challenges that Electronic Evidence brings in the present times and the need to accommodate those problems by proper rectifications in the provision. This article concludes by suggesting the requisite amendments for making the law relevant to the present societal setting of India.

2. Dynamics of India’s Changing Geo-Politics of Oil

By Sara Chawla

From Rajiv Gandhi National University of Law, Patiala

The geopolitics of the world or a specific country, with regard to oil and its consumption, is highly dependent on the ever-changing circumstances at the global level. The stratification of a resource that runs the international community of over 195 nations has huge and numerous factors around the world when change is proposed by experts in the field. Historical backgrounds, existing literature, extensive research, and unbiased analysis are a few out of many other elements that are required to undertake a study as vast as the one related to geopolitics of oil, especially when the future of the countries is based upon such studies. The formulation of the content above with regard to the changing geopolitics of oil in India and otherwise on the international level is grounded on the sources in the public domain. The sources used to form the literature are secondary in totality, no primary source of collecting data was utilized in any way. The analysis of the study undertaken opens with a brief introduction to form the basis of further discussion. To outline the core of the details, changing the geopolitics of oil at a global level follows the introduction. Furthermore, the requirement for the world to strategize the future geopolitics with regard to oil is discussed and analyzed, following which, the changing geopolitics in India at present is taken into account. The hurdles which could potentially delay the plans made by the Indian administration in said context are explained before suggestions are proposed to overcome the obstacles. The Conclusion offers closure to the undertaken research into such an extensive subject matter that forms one part of the major global issues today.

3. Status of Live-In Relationship under Hindu Law

By Ashlesha Suryawanshi

From Maharashtra National Law University, Mumbai

The Indian society is based on a traditional culture according to which, marriage is the deepest and most intricate web of human relationships, formalized via a wedding ceremony. Therefore, it is recognized as a social union. In India, the legitimacy of the relationship between a woman and a man is based upon their marriage, and any man and woman cannot live together without marriage. Though the cultural belief is deep-rooted in our society, the changing Indian society gave way to the emergence of Live-in relationships which have become popular in western societies. So, today’s culture is not purely Indian-oriented but, it is an amalgamation of both Indian culture and western culture. In a Live-in relationship, two adults have a mutual agreement to live together in a relationship similar to that of a husband and wife, but without the relationship of marriage. It is not a legal relationship and doesn’t comprise any responsibilities that arise from marriage. The main aim of a Live-in relationship is lower expectations, total freedom, and open love which we could not see in a marital relationship. This article analyses the position of Live-in-Relationships in India under Hindu law.

4. Historical Analysis of the relation between India and Pakistan: A Realist

By Tejaswini Pathave

From Maharashtra National Law University, Mumbai

In this article, Analysis has been given of the reason for the conflict between India and Pakistan by understanding the historical events that have transpired between the two countries. Further, the contributing factors and the potential effects on the Indian economy and politics if a positive relationship is built between these countries have been dealt with. The cause of the separation of these countries and the ongoing conflict has been analyzed. Thereafter the wars that were fought between them and their effect on civil society were covered. What are the major contributing factors to the conflict and how peace can be achieved have been talked about in this article. To stop the conflict, it is very important to know what methods can be employed to build peace, and hence, in this article a few factors that can aid in maintaining a peaceful relationship have been mentioned.

5. Assessing the Impact of Justice Malimath Committee Report 2003 on Policies of India

By Vivek Raj & Avinash Kumar Sirohi

From Campus Law Centre, University of Delhi & Amity Law School, Noida

In lieu of determining whether or not the current Criminal Justice System required changes or not, the Committee of Reforms was constituted by the Ministry of Home Affairs. The committee was established on the 24th of November 2000 and the chairperson of the committee was Justice Malimath, the chief justice of both Kerala and Karnataka. The reason for the constitution of the committee in essence was to dig deep and analyze whether the current Code of Criminal procedure required amendments or changes in order to improve the system that was prevalent in India via the said code. The committee was also set up in order to examine valid changes that could be brought into the Indian Penal Code as well as the Indian Evidence Act. The examination would require the committee to make laws in time and in concurrence with the people of the country at the prevalent period and pace of cases coming into courts.

6. Liability For Sports Injuries & Duties of Athletics Personnel

By Adv. Nikita Vaigankar (Practising Advocate at District Court of Goa, LL.M in Intellectual Property Law)

When it comes to sports, any injuries to the players cannot be ignored as it involves serious legal as well as medical issues. Injuries suffered by an athlete can be ignored in case of minor injuries but cannot be ignored when the injury is due to the negligence of the superior, who is responsible to keep and safeguard the health of an athlete. In mathematical terms, if the casualty and the duty intersect with each other, then the liability occurs and hence, the liability shall be of a person who is responsible to perform a particular duty and has failed to do so. In this article, we are going to touch upon various aspects speaking about the duties of the athletics personnel who are responsible for the players’ health and safety and also the incidents when they are not liable. Further, we shall also have a glance at the pattern adopted by the court of law in the determination of liability followed by the defenses adopted by the sports organizations to avoid falling prey to the accusations.