TALAQ-UL-BAIN (TRIPLE TALAQ) – AN OVERVIEW |
Author : Syeda Samreen Fatima, Assistant Professor, K.V. Ranga Reddy Law College |
Abstract | Full Text |
Abstract :“When you divorce a woman and they fulfill the term of their iddat, either take them back on equitable terms or set them free on equitable terms, but do not take them back to injure them or to take undue advantage, if anyone does that he wrongs his own soul.”
Muslim Law is purely based on the concept of saving marriage rather than breaking it and even utterance of the word talaq is considered as sinful in the Muslim community. If parties to the marriage are unhappy then marriage can be dissolved by talaq. The unilateral power of one partner (husbands) under Islamic law for the dissolution of marriage makes talaq different from the divorce, where both partners have the right to dissolve a marriage. Holy Quran and sharia laws have clear provisions regarding talaq where three talaqs to be spaced over a period of three months, to give husband and wife a chance to reconcile with the intervention of relatives and family members. Moreover, it can be pronounced only when the wife is in the state of tuhr (purity).
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A PERCEPTION ON POPULATION |
Author : Mr. Binay Adhikari, Tura, Bar Association, Meghalaya. |
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Abstract :Being born is not something to be weighed in any respect and certainly should not be a topic to be debated. Life is certain and death is the absolute truth, every human goes through the moment of saying hello to this world and bid farewell from the chaos. As the civilization of mankind survived the amphitheater of wars and revolutions confined in the realm of time and space, it still suffers from the consequences of that experience. Unemployment, poverty, illiteracy famine, drought, death and disorders are the realities which humans face as it breathes in the dawn of the twenty-first century. Unfortunately, we overshadow the greatest pinnacle of those realities – our own population. We are growing in this world in an incredibly unprecedented growth, our numbers race with the speed of light. The speed has to slow if we do not want to leave our home, the earth unless the house itself tears apart. Every individual needs to follow a to-do and not-to-do list if a happy generation is our only aspiration. In the near future, the question of deciding between survival and existence will be weighed in the scales of time and circumstances. Overpopulation could be the saddest reality of humanity because we do not want to spend our lives in the hope of the deaths of those who could have been us – eat and breathe. Small steps to put a cap in our size by anthropologists, ecologists, policy-makers, philanthropic institutions and the like might be trapped in the sounds of silence and therefore, this essay is an attempt to see through the prism of self for a perception on population. |
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ENTRY OF WOMEN IN TEMPLES AND MOSQUES – THE SOCIETAL INJUSTICE, THE VIOLATIONS AND THE PATH AHEAD |
Author : Mr. Ram Pandit, B.B.A.LL.B, 4th Student at O.P. Jindal Global University, Sonipat. |
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Abstract :This paper would highlight the issue of restriction of women in temples i.e. Padmanabhaswamy Temple and Ranakpur Jain Temple, which is a testimony of this subjugation, which still persists despite many constitutional safeguards. This Paper would also look into whether the restriction imposed is legally invalid under the Articles 14, 25 and 26 of the Indian Constitution and be proving that women are the new lower class of today seeing the oppression and suppression faced by them. |
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DOCTRINE OF PROPORTIONALITY |
Author : Mr. Ram Pandit, B.B.A.LL.B, 4th Student at O.P. Jindal Global University, Sonipat. |
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Abstract :The purpose of law in any society is to give power and to control the excess of that. It is an essential principle of law that power must be practiced inside the Four walls of law and the legal limit prescribed, more so when such a power is exercised at a discretion by an administrative authority. These powers are capable of being abused; hence, they have to undergo the acid test of judicial review. Earlier, the courts used to control only the extent and prerogative of the power exercised. But with the development of the principles through case laws, courts also started controlling the way in which such a power can be exercised by an administrative authority. |
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PAWAN KUMAR V. STATE OF HIMACHAL PRADESH |
Author : AUTHORED BY MR. AMIT BANSAL, B.A.LL.B (HONS), STUDENT AT RAYAT BAHRA UNIVERSITY & CO-AUTHORED BY MS. NIKITA AGGARWAL, B.A.LL.B (HONS), STUDENT AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB. |
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Abstract :The case of Pawan Kumar v. State of H.P. is a perfect example to show the plight of women in our country. This case depicts how our society becomes blindfolded when rights and individual liberty of women are compromised. We have built a society which creates certain circumstances for women and such circumstances have become unbearable and compel them to think that their life is not worth living. Similar was the perplexity of a young girl in the above-mentioned case who felt peace in dying than living in disharmony. The constant and routine eve teasing by the accused-appellant necessitated the girl to take such a radical step but death does not visit instantly and she is taken to a nearby hospital where her dying declaration is recorded, which, is the hub of the matter in this case. |
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AN ANALYTICAL STUDY OF THE ROLE OF THE POLICE IN THE MAINTENANCE OF LAW AND ORDER IN THE SOCIETY |
Author : Mr. Pranav Kumar Kaushal, 4th Year Student at Bahra University Shimla Hills. |
Abstract | Full Text |
Abstract :Maintaining social order is always the fundamental police function, and social order is so fundamental to the realization of the “Human Rights” which can be seen as a prime police function. The most specific ways in which police protect human rights give further support if it was necessary for the safeguard of human right is a police function. Perhaps it is always argued that protection and preservation of human rights should always stand along with the preclusion and revealing of crime and this preservation of social order and provision for the assistance and shield of human rights in crises as one of the main tasks of policing. In addition, upkeep of law and order has also considered as one of the chief tasks of the police but apart from this, police are also required to respect the human rights. It simply means that when police are exercising their powers and functions, they must obey the laws designed to secure human rights. |
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