Sunday, July 29, 2012

The Plight of Street Vendors

The above article is written by Monica Mishra.
(Also read article on Shoe shine men)
Women lady in India sitting on road under umbrella and selling VegetablesThe term vendor is roughly synonymous with peddler or costermonger. Simply the meaning of vendor “is a person who sells something on the street, either from a stall or van or with their goods laid out on the side walk.”[1] When we talk about vendors usually we think about the food vendors but actually  street vending is a vast concept which includes not  only food vendors but also different  type of hawkers who sells cloths, cosmetics , different types of toys , vegetables not only that other various domestic and commercial equipments on reasonable rates , and anyone can

Saturday, July 14, 2012

Jihad in the Contemporary World

This article is written by one of our authors  Shashank Sahay and  Ashika Daga.

(Disclaimer: The views expressed herein do not reflect the views of this blog and the article is meant only for research purposes and neither does the author nor the this blog intend to hurt the sentiments of people of any religion or belief, whatsoever.)

JIHAD- what does it mean?

Historically, Jihad means Holy War. For 1400 years, Muslims always understood the meaning of Jihad as Islamic Holy War. Every Islamic scholar, Mullah, Maulana and  Imamare of the same opinion regarding this meaning of JIHAD. Technically, Jihad is a war against the non-Muslims (Jihad al-kuffar or Jihad against disbeliever; and Jihad al-munafiqeen or Jihad against hypocrites) only, since Muslims are forbidden to fight the Muslims. Hundreds of books have been written by the Islamic scholars (Islamic Chintabid) on Jihad and everybody unanimously used the word Jihad as the religious war.  In the Islamic history, more than 80% of the texts are filled with Holy War (Jihad). Early Islam was spread in the Arabian Peninsula solely by these holy wars. Islam was propagated as a religion by series of wars/battles –both defensive as well as offensive. As many as 78 historic battles were fought by Prophet Muhammad himself, and out of 78, only one (battle of Ditch) was a defensive war, and the rest were simply offensive wars.  Did the Muslim soldiers

Friday, July 6, 2012

Insanity in Law

This article is written by Shashank Sahay.

The definitions of legal insanity differ from state to state, generally a person is considered insane and is not responsible for criminal conduct if, at the time of the offense, as a result of a severe mental disease or defect, he was unable to appreciate the nature and quality or the wrongfulness of his acts. This basic reason for allowing the 'Insanity Plea' as a defense is because willful intent is an essential part of most offenses; a person who is insane is not capable of forming such intent. Mental disease or defect does not alone constitute a legal insanity defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.  (Image taken from here.)

Mental condition rendering trial impractical
If the home secretary is satisfied by the reports from at least two medical practitioners that person is suffering from mental disorder, he may order that person to be detained in hospital in public interest. (this power is exercised by The Home Secretary only) or  If

Tuesday, July 3, 2012

UNCLOS-1982 and the new regime of ‘Exclusive Economic Zone’

 This article is written by Ashutosh Singh.

Brief Introduction
U.N. law of sea treatyThe concept of Exclusive Economic Zone [‘EEZ’] was initiated by Kenya in 1972 at the Geneva session of the U.N. Committee on peaceful uses of the sea-bed and ocean floor beyond the limits of National Jurisdiction. At a later stage, the concept of EEZ was discussed widely in different sessions of the Third Conference of the Law of the Sea of 1982.  Exclusive Economic Zone has developed out of earlier and more tentative claims, especially and particularly relating to fishing zones.[1] It developed as a result of developments in the negotiating processes leading to the 1982 Convention[2], and thus finally secured a place for itself in the Convention on Law of the Sea of 1982. From that date itself, it has become a generally accepted institution of the law of the sea. In Tunisia v. Libya,[3] it has been observed that