WHO IS A CHILD? According to International Law a ‘Child’ is defined as a human being below the age of 18 years and it is a universally accepted definition of a child, accepted by United Nations Convention on the Rights of the Child (UNCRC). In India, different age groups are defined in different concepts creating ambiguity. “Juvenile” or “Child” is a person who has not completed eighteen years of age as per the CRC guidelines Section 2 (k) of the Juvenile Justice (Care and Protection of Children) Act, 2000. Child Labor (Prohibition and Regulation) Act, 1986, Section 2 (ii), “Child”…
Author: Ashutosh Pandey
Introduction Article 73 and 162 (1) states that subject to the provisions of the constitution the executive power of the union and state shall extend to – (a) To the matters with respect to which parliament and the state legislature has power to make laws. Since according to article 73 and 162 the executive power of the union and that of the state are coextensive with the legislative power of the union and of the state, it follows that the union or the state executive “may” make rules regulating any matter within its legislative competence, without prior legislative authority with…
HISTORY Contempt of Courts Act gives power to Court to punish anyone who does its contempt. This concept/law developed in Britain, spread through colonialism to protect the authority and legitimacy of Court power to punish for contempt provided to Judiciary. Our constitution makers also for the same reasons provided contempt power to our higher judiciary. There was no statutory law of contempt till 1926. Indian courts followed the English Common Law. In 1926, the government enacted the Contempt of Courts Act XII of 1926, whereby the High Courts were given power to punish for contempt of courts “subordinate” to them.…
U.S.A and India: Comparison of Blacks and Dalits. The case for affirmative action for blacks of U.S and for untouchables, or Dalits, in India can be made both on account of historical deprivation as well as on grounds of persistent disparity and continuing discrimination. Thus, despite the differences between race and caste as institutions, the end result for Blacks and Dalits are very similar. Affirmative action can be, and is, viewed as a program of compensation for historical injustices and very few would argue with the contention that historically, Dalits and Blacks suffered deep injustices, disparity, deprivation and discrimination. However,…
Foreign Exchange Regulation by the R.B.I is mainly regulated by the Foreign Exchange Regulation Act (FERA), which was introduced at a time when foreign exchange (Forex) reserves of the country were low. FERA proceeded on presumption that all foreign exchange earned by Indian residents rightfully belonged to the Government of India and had to be collected and surrendered to the Reserve Bank of India (RBI). FERA primarily prohibited all transactions that are not permitted by RBI. The objective of FERA was to regulate certain payment dealings in foreign exchange and securities transactions that indirectly affects foreign exchange of import and…
