NATURE, FUNCTIONS AND AIMS OF THE STATE IN ANCIENT INDIA – PART II

AIMS AND FUNCTIONS OF THE STATE: Vedic literature indicates that the king was one who maintained law and order in his kingdom. The State, under him, had three broad aims: To promote religion,To maintain morality, andTo encourage education. Apart from this, material wellbeing of the citizens was also an aim to be achieved. For instance,...

HUMAN RIGHTS IN ANCIENT INDIA – PART 1

It is known that India is an ancient civilization. The notions of right and wrong and principles upholding human dignity have existed in written form since centuries, maybe even a few millennia. The concept of law and order can be found in ancient Indian written codes such as the shrutis and smritis. Old Indian texts...

HUMAN RIGHTS IN ANCIENT INDIA – PART 2

For instance, during Emperor Ashoka's reign, the capture or execution of prisoners of war was condemned. The Indian view on all human beings remained the same - despite outward differences in appearances and cultures, the common link of a need and necessity for basic human dignity and respect links all people, across any boundaries. In...

THE USE OF MERCENARIES AS DENIABLE ACTORS IN ASYMMETRIC WARFARE – PART 2

This kind of warfare is also unique in the sense that, it can take place in unusual locations, such as towns or villages, as has been seen in the case of Somalia when the US armed forces fought there, or the still on-going battle in Afghanistan.[1] In such places, it is very difficult to make...

THE USE OF MERCENARIES AS DENIABLE ACTORS IN ASYMMETRIC WARFARE – PART 1

Mercenaries, in simple words, are soldiers who do not serve a particular nation, but instead, lend their services to whatever nation, group or agency that hires them, in exchange for a fee. They are trained in combat and strategizing, reconnaissance and sabotage. But to say that they are motivated only by money is a very...

NRI MARRIAGES IN INDIA – ISSUES AND CHALLENGES – PART 4

Akhoury Anusheel* (Continued from Part 3.) POSSIBLE REMEDIES: Article 15 (3) of the Constitution of India speaks of a Fundamental Right: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth: (3) Nothing in this article shall prevent the State from making any special provision for women and children.[1] As we...

NRI MARRIAGES IN INDIA – ISSUES AND CHALLENGES – PART 3

Akhoury Anusheel* (Continued from Part 2.) LEGISLATIONS GOVERNING NRI MARRIAGES IN INDIA: An NRI marriage is different from a normal marriage in the sense that it raises questions related to the validity of the marriage, the authority of Indian Courts when compared with that of the host country’s legal system and acceptance and enforcement of...

NRI MARRIAGES IN INDIA – ISSUES AND CHALLENGES – PART 2

Akhoury Anusheel* (Continued from Part 1.) PROBLEMS IN AN NRI MARRIAGE: There are some NRI marriages which are not catastrophes and which have lead to the well-being and happiness of the individuals involved in it. But of course, cases of fraud and deceit, abandonment and violence have been recorded and known to have occurred in...

NRI MARRIAGES IN INDIA – ISSUES AND CHALLENGES – PART 1

INTRODUCTION & DEFINITIONS: The abbreviation NRI stands for Non-Resident Indian. Legally, it has not been given an express definition under any statute, but the Foreign Exchange Management Act (FEMA) of 1999 (Act 42 of 1999) defines only a person resident in India, as follows: A person who has lived in India for a minimum of...

A BRIEF ON THE CASE OF YOUTH BAR ASSOCIATION OF INDIA V. UNION OF INDIA and ANOTHER [(2016) 9 SCC 473] – PART II

Akhoury Anusheel* [Continued from Part I.] GUIDELINES ISSUED BY THE COURT: The Court, after having heard both parties, issued general guidelines with respect to grant of a copy of the FIR to the accused and upload of the same on the official police or State government website. The accused is entitled to get a copy...

A BRIEF ON THE CASE OF YOUTH BAR ASSOCIATION OF INDIA V. UNION OF INDIA and; ANOTHER [(2016) 9 SCC 473] – PART I

INTRODUCTION: The present case of Youth Bar Association of India v. Union of India and Another [(2016) 9 SCC 473] is a recent case and order passed by the Supreme Court in respect of the powers, role and duty of police in respect of FIR, and the availability of FIRs online on the websites of...

THE INDIAN DIASPORA IN THE USA – PART II

[Continued from Part I.] DISCRIMINATION: In the 1980s, a gang known as the Dotbusters specifically targeted Indian Americans in Jersey City, New Jersey with violence and harassment. Studies of racial discrimination, as well as stereotyping and scapegoating of Indian Americans have been conducted in recent years. In particular, racial discrimination against Indian Americans in the...

THE INDIAN DIASPORA IN THE USA – PART I

The meaning of the word diaspora is a group of people who live outside the area where they have lived for a long time or in which their ancestors lived.[1]In other words, they are migrants who have left their homeland in search for better economic opportunities, or greener pastures. Another reason might also be political...

LEGAL ARGUMENTATION AND REASONING – PART II

[Continued from Part I.] APPROACHES TO ARGUMENTATION IN LAW: Argumentation plays an important role in law. Someone who presents a legal standpoint and wishes this standpoint to be accepted by others will have to present justifiable arguments. A lawyer who brings a case to court must justify his or her case with arguments. The judge...

LEGAL ARGUMENTATION AND REASONING – PART III

USING LEGAL ARGUMENTATION IN LEGAL REASONING: In a legal context, the argumentation put forward as a justification of a legal decision may consist of different levels, depending on the forms of critique the judge must react to. On the first level, the justification implies that the decision is defended by showing that the facts can...

LEGAL ARGUMENTATION AND REASONING – PART I

INTRODUCTION: The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. One of the main incentives for the growing interest in legal argumentation has to do with changing views on the tasks of the...

NATURE, FUNCTIONS AND AIMS OF THE STATE IN ANCIENT INDIA – PART I

The Ancient Indian Timeline stretches across the years from 14, 00,000 BC (alternatively 5, 00,000 BC) to 2,500 BC. But, for a major chunk of this period, the people were unaware of the method to write script, i.e. represent their spoken communications through visual, written symbols. As for the origin of State, there exist a...

THE INVOLVEMENT OF THE INDIAN JUDICIARY IN PROTECTING OUR ENVIRONMENT

Our environment sustains our lives. It has more than enough to cater to our needs, but since a considerable number of years, we have taken more than we have given to it. This is a statement which has become cliché, but it is true. And our environment has suffered for our ignorance. At first glance,...

A BRIEF ON CONCEPTS RELATED TO REFUGEES

Introduction: Refugees, by common understanding, are people who have been displaced from their homes, and the country they live in, due to reasons of discrimination, political or civil strife, or other unforeseen reasons beyond their control. According to the United Nations High Commissioner for Refugees (UNHCR), a refugee is someone who: Has been forced to...

THE ROLE OF STATE IN PRESENT TIMES

There are many differing views when it comes to defining the characteristics of a State, and hence definitions are ever-changing. However, a common thread through all studies is this – the State is a territorially bound political unit with centralized institutions for the administration of governance, and so is very different from groups such as...