Advocate Harsh*ta Bhatt

19/02/2022

CRITICAL ANALYSIS OF RE- INHUMAN CONDITIONS IN PRISONS
Prisoners are just those human beings who are getting convicted for their crime; this does not deny them the rights of being human. They shall be treated as an equal citizen who lives with 334 Reformative Theory of Punishment. Prison is just confinement to the movement of the physical activity of those human beings; this is just done for the purpose of treating their bad activity against certain punishments by the state. Certainly, this also affects the mental health of a human being including where there are people accommodated out of limits in one space this also gives a major effect to human nature.
Coming over the problem of overcrowding gives the root to other issues such as unnatural deaths, mental illness. Custodial deaths are another issue that was raised in the NHRC report, for this certain recommendation was also given by the NHRC to resolve this issue. New reforms shall be made to remove them casualties by the administration which had been recommended by the UTRC under the standard operating provisions. But this till far does not give anyone permission to treat them with cruelty, dishonour, irrationally, ruthlessly, or hurt them with any physical or mental injury. To avoid this kind of circumstance the staff members are given pieces of training and manuals, on clearing certain examinations they are hired which had been mentioned in training manuals by the Bureau of Police Research and Development. This is applicable to both men and women, therefore, whereas women with children shall be provided with the extra medical facility during the period they are in prisons with their children. It was different in earlier times where the number of women criminals was less but today this has also increased by the countable numbers where they also need to have proper rights and facilities available to them as per the recent changes made by the recommendation of Nelson Mandela Rules. During all the issues being critically analysed and being resolved there was one major experiment to change the status of prison from closed to open. This did not only help in solving the problem of overcrowding but also aided the prisoners to improve themselves in a better way and does not disconnect them from the social world. This experiment had changed a lot of point of view of the many people and authorities. Since this had aided to improve the condition of prison and prisoners this shall be adopted not only as a social experiment but as a legislative rule for better mechanism in prison reforms.

13/01/2022

At its core, arbitration is a form of dispute resolution. Arbitration is the private determination of a dispute by an independent third party. An arbitration hearing may involve the use of an individual arbitrator or a tribunal. A tribunal may consist of any number of arbitrators though some legal systems insist on an odd number for obvious reasons of wishing to avoid a tie. One and three are the most common numbers of arbitrators.

The disputing parties hand over their power to decide the dispute to the arbitrator(s). Arbitration is an alternative to court action (litigation), and generally, just as final and binding (unlike mediation, negotiation, and conciliation which are non-binding).
And therefore arbitration amendment act, 2019 has been introduced to widen the scope of alternate dispute resolution in law.
Kindly, check out the video posted on the above-said subject matter to know more about the " Scope of arbitration in India".

Arbitration is an effective alternative dispute resolution. It is the forum in which parties by an agreement between them choose a forum other than the court...

11/08/2021

Since time immemorial, it is given that a child will take his/her father’s last name as their surname and a married woman will take her husband’s surname. It is extremely uncommon for a person to take their mother’s surname or a man to take his wife’s last name. However, times are changing and so is people’s outlook.

In the recent case, Delhi HC has rejected the plea of a father who wanted her minor daughter to take his last name instead of her mothers has availed the concept of Rule of law.

24/05/2021

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"A child has the right to the love and affection of both parents. Similarly, the parents have the right to receive the love and affection of the child. Any act on the part of the one parent calculated...

21/05/2021

Live-in Relationship may not be Acceptable to all, but it is illegal not an offence: (a most controversial topic heating up throughout the Judicial panels nowadays) the controversy started when a man and women who were living together without the sanctity of marriage, had moved to the Punjab and Haryana High Court for seeking protection against the parents of the women who opposed their relationships but the Bench unanimously denied protection to the couples who are in live-in relationships saying it to be morally and socially wrong in the society.
Finally when the matter was put up for hearing before another bench of judges constituting Justice Jaishree Thakur who after examining meticulously found the order to be obsolete in the eyes of law and held that " It would be a travesty of justice in case protection is denied to persons who has opted to reside together without the Sanctity of marriage, and such persons have to face dire consequences at the hands of persons from whom protection is sought, which if not cured would directly hit Article 21 of Constitution of India”.
(Sonia and Anr Vs. The state of Haryana)

The attachment of the judgment has been annexed in PDf form. Kindly, give it a read.

Observation -
Our courts are law courts and morality has no role in deciding cases. It's settled law that every citizen is guaranteed the right to life.
One court decides on a legal base and another on morality. Giving protection to any person expecting threat to life should get protection legally is settled law.
In the interest of the system, the dictums create an atmosphere of confusion and uncertainty about settled law to be avoided.

20/05/2021

Sometimes law apprentices find it difficult to differentiate between the general terms usually used in the Indian civil laws via the Indian Contract Act, 1872. Therefore making it easy for you, the last minute's legal guide provides you with a short brief note on the Subject titled " Difference Between Sale and Agreement to Sell".
Hope it will help the people connected with the legal field ........
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15/05/2021

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13/05/2021

Anil Ambani Case Judgement Contempt: Ex-CJI Bobde pardoned sacked SC official

23/04/2021

Kindly, give a read to the below article 🙏🏻
The link for the same is given below 👇🏻

It is well said that ‘In every woman’s life, her face is the greatest beauty, but by this case, it is fully believed that having courage is the significant beauty which lasts forever.’ Th...

23/04/2021

Delighted to share an article titled "International law is a soft law: Critical Analysis" written by samridhi bhatt , which has been published on the Indian legal service platform.
Kindly, give it a read 🙏🏻
The link is given below

Meaning Of Soft Law Considering the scenario in International law ‘hard’ laws are the one that provides a legal obligation of a nation or a country and it compels the liability for the bre...

22/04/2021

I am delighted to share my article titled "Under no circumstances a r**e case can be compromised" has been published on Indian Legal services website. Kindly give it a read 🙏🏼.
The link is given below 👇🏻

As a girl, she was a legal prey, especially if she was dressed in a worn black leather jacket and has pierced eyebrows, tattoos, and zero social status.-Stieg Larsson Abstract In India, th...

20/04/2021

Uttar Pradesh Government has moved Supreme Court challenging Allahabad HC order imposing lockdown in cities like Prayagraj, Lucknow, Varanasi, Kanpur and Gorakhpur till April 26.