SPORTS LAW IN INDIA – THE PRESENT SCENARIO

India is a huge country and a land of umpteen sports. While sports like cricket have been followed like a religion, present times have brought about a progressive change and many other sports have are being followed now like never before. The ministry of youth affairs and sports is responsible for handling the administration and funding of sports. The cabinet minister heads the ministry and the national sports federation manages it.

As the form of recreation has grown by leaps and bounds and India has become a brimming venue for holding many national and international events during its time that rules and regulations are also in place. Hence the need to have sports laws in place and thus banish the grey areas. The UN has already recognized sport as a way of promoting health, education, and development, hence the need to streamline the field with suitable law system.

sports law in india

In India presently there is no state legislation to regulate sports. The government had undertaken the infrastructure development task and excellence achievement task in sports but the administration and sports activities are in hands of autonomous authorities like Indian Olympic Association (IOA), Sports Authority of India (SAI), Board of Control for Cricket in India (BCCI). Though these governing bodies to receive the government’s aid as they are registered under the societies registration’s act of 1860.

As far as sports policy in India is concerned, the national sports policy 1984/2001 is already in place with was brought into force in the year 1984 but it was realized only later that the bill was not complete and even the implementation.  Hence in 2001, a bid was reformulated to revise the bill with guidelines as follows –

  • Procedures to be laid down for autonomous bodies and federations for making government aid and assistance available.
  • Define responsibilities of different agencies for undertaking and promoting sports.
  • Identify the sports federations with coverage eligibility under the set guidelines

This was the policy which leads the lawmakers to give importance to sports thus making way for inclusion of sports in the constitution at the seventh schedule in the state list.

The other organizations include sports law and welfare association of India, a non-profit organization that works for the advancement of ethical sports law in India and sports promotion. Another being sports authority of India, set up in 1984 by the Ministry of Youth Affairs and Sports, its objective is bringing excellence into sports.  Then there is the National Sports Federation, SAI, National Anti-doping agency. But, like the USA has a systematic approach towards sports law and has divided the area in amateur, professional and international categories with relevant laws for each, there is no such approach in India and moreover, there are many grey areas also that have come forth and which indicate maladministration in sports.

With many sports gaining popularity and due to their immense reach, it is important that the loopholes in the law system are looked into with keen interest and laws are passed which favor the sports without any kind of bias.

APPLY FOR SCHOLARSHIPS FOR EDUCATION– OXFORD AND CAMBRIDGE SOCIETY OF INDIA (UK)

Oxford and Cambridge are two renowned names in the world when it comes to quality education.  Again the ever increasing costs of education and living in foreign countries can blow big holes to your pockets.  The competition for scholarships has also increased over the years and has lead to fewer students opting for courses in places like Cambridge or Oxford.  Yet, students who are aspiring for pursuing courses at these prestigious institutions have a chance to get scholarships of merit through some non-profit organizations which do offer scholarships. These scholarships are also available for law students seeking to pursue their higher education in these universities.

One such institution is the Oxford and Cambridge Society of India (OCSI).  A non-profit organization that is located in New Delhi, India and has been helping out aspiring students with their higher education through scholarships.

The scholarships are awarded for the part cost of education for undergraduate, postgraduate, as well as research education in the aforesaid two universities in the United Kingdom. Here are a few details about the scholarship, its eligibility criteria, and last date to apply for the year 2018.

Scholarship Institutions

  • University of Oxford, United Kingdom
  • University of Cambridge, United Kingdom

Scholarship  Courses

Besides Law education, the scholarship is available for any field of study at these universities mostly except a few that are for specific courses in the university.  The level of education includes

  • Ph.D. course research
  • Postgraduate courses of one-year or more
  • Taught as well as research-based Master’s degree programs of any duration
  • First bachelors or second Bachelor’s degree course

Though there is an eligibility criterion you need to fulfill if you are seeking the scholarship and it includes the following pre-requisites:

  1. Indian Citizenship
  2. Indian Resident
  3. Age limit – not above 30 years as on Sept 1, 2018
  4. Schooling and Graduation from School or University in India

Application

The date for sending your duly completed application forms was May 15, 2018. You may try next time if this time you haven’t been able to.

 

For detailed information and Application Forms Contact:

Secretary
The Oxford and Cambridge Society of India
C/O Bharat Kumar, 366, Sector 15-A
Noida, 201301
Email: scholarships@oxbridgeindia.com

Well, as you see the application due date is over. But none the less, if you are an aspiring student looking out for admission to these elite educational institutions, consider The Oxford and Cambridge society of India as the catalyst to your dreams and try to win a scholarship for your higher education and try for it in 2019.

Does India Need a Space Law?

India has established itself amongst biggies like USA and Russia when it comes to Space Projects. It has been so since inception but the recent milestone where in 2017 February where it launched over 100 satellites in space signals commercialization and is probably the result of India proving its mettle when it comes to cost friendly space projects. The monumental launch of Chandrayaan in 2004 and the cost friendly mangalyaan(mars orbiter Mission) which was made at just 11% of the cost at which USA made its Maven Mars Orbiter- Maven cost around $ 672 million while mangalyaan cost $74 million only paved the path to other nations taking notice of India’s prowess in Space. With Mangalyaan, India did achieve many other feats, one of being the fourth space agency after Soviets, Nasa and the ESA and the second to enter the orbit in its first attempt historically behind ESA.

Does India Need a Space Law

Hence, saying that India is already at par with space giants like Soviet and NASA wouldn’t be wrong. Now looking at not only these giants but countries like Germany, Netherlands, Ukraine and Canada as far as legal framework is concerned, there’s no denying that they are well aware about the need for space law and have cemented it meticulously.

Yes, there are five international treaties already brought into force by the United Nations. While India has only signed one treated it has ratified the other four. It has been around four decades since India’s space journey started but it is yet to do the enactment over it. Though polices determined by the constitution of India as well as the satellite communications policy and even while our articles numbered 51 and 73 do show their respect for international treaty obligations and law for preservation of peace and security internationally, India is yet to create or obligate it legally.

It is time that the government of India which presently supervises the ISRO seriously thinks about revising the space laws in the country as it is slowly moving to self-sufficiency. It is already into outsourcing but only to a certain degree like component manufacture and the recent move to outsource manufacture of satellite to the private sector. Besides it has also signed a treaty with a private startup for launch of a spacecraft that will attempt a moon landing. This is sure going to help ISRO to focus on more important projects. Hence, the need of space law that is user friendly and is in the interest of both the government as well as the operator whenever liabilities arises due to damage.

Take the case of the international dispute between India and Japan over an Indian satellite on its way back to earth with debris over a Japanese village. As per the treaty for International Liability for damage caused by Space objects signed in the year 1972, India has to pay the compensation for it but there is not international space law that can help determine the quantum of damage.

Lastly, Space has also turned out to be of significance to 21st century warfare and hence considering the advantage India can get in a space war strategy or security planning, it does become important to consider devising and bringing space law into effect.

Supreme Court of India to Rethink on Decrimilization of Homosexuality

As we all are know, the supreme court has passed a law criminalizing gay sex, but here’s some good news for the LGBT community. The Supreme court recently decided to rethink their decision about the ban. The decision comes as a definite ray of hope for the community and was taken by the Supreme court on January 10, 2018 wherein the court declared about the re-examination of the Section 377 of IPC banning carnal intercourse against nature’s order with any man, animal or woman. This act is a punishable offence with as long as life time imprisonment punishment for the convicted. Since 16th Century by the British when India was amongst one of its colonies, is when the idea of criminalizing gay sex came into existence.

LGBT community

Though the Supreme courts decision has given the LGBT community a small bit of a reason to celebrate, there are already some representatives of India’s right wing who are all set to extinguish this little revolutionary spark. As per a known Parliamentarian’s opinion, nobody would have any issues with what they do within four walls of their respective homes but if they bring it, celebrate it or flaunt it publically like creating gay bars to attract partners, etc., it needs to be punished and hence the need of Section 377. While he has also made statements calling homosexuality as a genetic flaw, this sentiment seems to have full support of the Indian middle class. Many other known politicians and ministers have gone to extent of calling it a curable disorder and also claiming that homosexuality is against the law of nature and hence the LGBT community needs to be completely disenfranchised.

While fact of the matter is that we already have studies to prove that homosexuality is not something that has cropped up recently, but it has been there since centuries. The living proof is Mesolitic rock art that has depictions of same sex intimacy scenes and is on display already in natural history museums. There is already documented proof as well written around 2345-2181 BCE, depicting the homosexual relationship of Pharaoh Neferkare and his general Sisene. Another one from the 7th Century BCE is a poem depicting love between two females written by Greek poet Sappho.

Yet, the LGBT has been living under constant fear of illegal detention, money extortion, blackmail and harassment by the law enforcement bodies. Besides, they have always faced the brunt of discrimination, abuse and are labelled by many as people with mental condition.

Perhaps, the Supreme court is aware that time has come to make some necessary changes in the centuries old law system of India and work towards eradication of the shame and stigma related to an individual’s sexual identity and create an environment of respect, dignity and equality for this gender.

KLE Law College – Leading premier law school in Bangalore, Inida

Law For Transfer of Mortal Remains from One Country to Another

When a family member passes away, times already are tough for the family, but if this happens out of India and the mortal remains are to be brought back to India, then there is a certain legal protocol that needs to be followed.

Let’s know more about the documents and procedures for transferring the mortal remains from a foreign country to India. The documents that are required include –

Death certificate issue by the hospital
Detailed police report copy translated in English if in another language in case of accidental or unnatural death
Consent letter copy from the immediate relative of the deceased for local transportation and burial or cremation. It has to be attested by the notary.

Passport and Visa pages copy
Additionally the documents like clearance certificate from local immigration/ customs department, embalming arrangements and clearance certificate on embalming and infectious diseases is required. Though the documentation might vary from country to country.

Officers from ministry of external affairs are in constant touch with the kin of the deceased and even the official of the foreign country in order to expedite the procedure of repatriation to India.

At times the families run out of funds for transportation of mortal remains of their family member or relative. At this point you may allow the Embassy / Consulate to make the arrangements of transfer by authorising them. They might consider on a ‘means tested’ basis and you might have to submit additional documents if required.

Here’s a list of Certificates you’ll need for the transferred
Clinical Death Certificate
Passport Cancellation
Embalming Certificate
Non Communicable Diseases Certificate
Power of Attorney from legal heir
NOC from Indian Embassy

In some countries it can take from 2 to 3 days while in some from 2 to 4 weeks for the transfer.

*Source from the internet

Law College Admissions 2018

With globalisation coming into effect and giving birth to opportunities across the seas, many different careers now seem even more lucrative than ever. One such career is Law, which has surpassed the stamp of being a legacy bound career. With the rise in local opportunities in likes of corporate houses and across borders, many students are willing to take a plunge in the world of law. llb college admissions 2018

As the weather heralds the coming in of summer and students get ready to appear in their board examinations, parents are all set to look for college admissions as per their suitability and their ward’s interest.

Well, if you are one of the parents or a student interested in pursuing a career in law post your PU, then read further to know about one of top ranked colleges in India. KLE Law college, known to be a nursery and training ground of students seeking to get quality education in law is also ranked amongst the top 5 law colleges in South India. KLE has a proven record of fostering the future lawyers with in-depth knowledge and professional skills required to succeed in the field of jurisprudence for almost 4 decades now.

Spread over a lush green campus, KLE is all equipped with modern spacious classrooms, interactive learning tools like LCD’s, e-library with a mammoth research database, IT resources and Moot Courts, making KLE one of the most sought after law colleges in India.

What’s more guest lectures from prominent lawyers and judges from High court and Supreme court makes the learning experience better. KLE offers undergraduate courses of three years, integrated undergraduate courses of five years, post graduate courses, diploma and certificate programs in Law.

ba llb admissions in bangalore

The courses on offer at KLE Law college are –
Undergraduate Courses
LLB – Traditional route to the field of law, this course is a three year course to students passing 12th and graduates as well.

BA LLB – 5 year integrated law course, this is a dual course wherein you can pursue Bachelors in Arts and Law together over a period of five years.

BCOM LLB – 5 year integrated law course, this is a dual course wherein you can pursue Bachelors in Commerce and Law together over a period of five years.

BBA LLB – 5 year integrated law course, this is a dual course wherein you can pursue Bachelors in Business Administration and Law together over a period of five years.

Post Graduate Course

LLM – Masters in Law is a postgraduate course of one year duration and offers specialization in Constitutional Law and Administrative Law.

law college admissions 2018

 Contact For Law Admissions 2018 

Right To Information Act

Many of us are ignorant of the fact that we as citizens of India have the right to know about any government policies or information from the government with the help of the right to information act that was passed in the year 2005, as a result of consistent efforts of anti-corruption activists. The act is a significant one as it can help you access any government information that is not classified with a simple procedure. As per the act, it is government due responsibility to provide the requested information to the citizen that too within 30 days, otherwise the failing officer is fined for a pre-decided amount. Only the departments dealing with national security and defense are exempted from RTI besides the state of Jammu & Kashmir.

RTI

Three are three ways you can file your RTI application.
1. Visit the Public Information Officer of the department concerned and they’ll help you with the rest.
2. Write an application and send it via registered or speed post to the department concerned
3. Go online to the website rtionline.gov.in, register and then login to file and RTI.

Well, let’s know about the procedure you need to following while filing and RTI to submit in person in post or online.
1. Write a clear application point wise.
2. Pay Rs. 10 as the application fee with IPO or demand draft or to the treasury. The challan or receipt of payment needs to be attached to the application. Online payment option is also available.
3. Submit your application through any of the aforementioned modes.

You can expect a response to your application within 30 days by law for all your queries. Infact if your query is pertaining to life or death cases, then the RTI needs to be responded with 2 days.

Know More

Know About Alimony Laws in India?

Alimony Laws

As painful and stressful as it is to go through a divorce, it is as much important to know the rights that revolve round such an unwanted situation. Particularly in the modern times, when divorces are becoming so common, you need to know about the alimony terms and conditions irrespective of if you are a husband or a wife.

Alimony is derived from the latin word ‘alimonia’ meaning sustenance. India is a land of different religions and hence they also have their own religious customs, traditions and scriptures. The majority population in India being the Hindus, here we shall talk about the Hindu divorce law around alimony. As per the Hindu marriage act of 1955, both husband and wife are eligible to get permanent alimony but if the marriage has been undertaken as per Special Marriage act of 1954, only the wife is eligible to get a maintenance or alimony.

The alimony can be decided by the couple in case where divorce happens under mutual consent. While in case of contesting matters the court takes centre stage and works out the alimony or maintenance. There is no limitation of getting an alimony only if decree is obtained. Even if decree is not obtained by the wife, the court can order the husband to pay the wife an alimony. Though, there is a possibility of no alimony or maintenance as well depending upon the circumstances.

The points that the courts takes into consideration while granting alimony includes the income, assets as well as lifestyle of the husband. Income and financial status take the front seat while taking a decision on the amount of maintenance to be given. Here are some of the factors that lead the way to the decision of the alimony.

The first and foremost point is to check whether the claims of alimony are reasonable enough. The claims that are not reasonable enough cannot be considered by the court. When the wife is taking care of the child, the requirements of the child are also considered and so is the financial condition of the husband and even the duration of the marriage.

Even the financial condition of the wife is taken into account and if the wife is working and earning well then besides his income even her income is considered while deciding on the maintenance.

Further, if the wife remarries, the husband does not have to pay any further alimony to the wife, though he would have to pay for the children staying with the wife. Also, if the future for some reasons the husband is not able to pay the wife, while the wife is doing well financially, the husband can put a petition to the court to ask for changed circumstances. Even if the husband gets rich and his financial condition improves drastically, the wife can file a plea to the court for revision of the alimony.

K.L.E. Society’s Law College Bangalore is ranked as the 4th Best Law College in the Southern Region 2016 and 12th Best Law College in India by ‘India Today and Nielsen annual Survey of 2017

*Source from the internet

Triple Talaq – Yesterday and Today

Triple Talaq - Yesterday and Today

Recently, there have been many cases related Triple Talaq law in India, many of which have also been the talk of the town due to the media spotlight provided to some of them. As we all know that Islam is one of the oldest religions of the world and majority of the world population follows Islam after Christianity. The laws around kinship, succession, marriage or divorce are all prescribed under the Holy book of Muslims, the Kuran as well as the various volumes of Hadees. Though, the laws mentioned in the book is misinterpreted by many Muslim scholars today and hence has become a topic of criticism mainly due to the custom of polygamy and Triple Talaq. Even though, the holy book has clearly mentioned that Talaq or divorce should be avoided until and unless it is impossible to stay in the bond of marriage or take it forward. The mean of Talaq is dismissal. But, literally it means setting free, or breaking ties or restraint or letting loose. In the law of Sharia, it means freedom from bondage of marriage only and not any other bondage. Well., legally it means marriage dissolution using appropriate words as per the Islamic law. In Islam there talaq has two forms –

1. Talaq-ul-Sunnat
a. Talaq – ul – Ahsan
The is by far the most relevant form of dissolution of marriage because there is a waiting period called Iddat that is provided to the couple wherein they can revoke the announcement within the expiry date and the word Talaq being considered an evil one has to be uttered only once.

b. Talaq – ul- Hasan
This procedure of dissolution of marriage is done as per the holy Quran and Hadees laid down by Prophet Mohammad. As per this mode, the couple can revoke marriage before the end of three Tuhrs, viz time period between two menstrual cycles. The man has to pronounce the word Talaq at the end of every Tuhr and hence, they do get time for revoking their decision.

2. Talaq – ul – Biddat
The holy Quran and Prophet Mohammad have hold marriage as a sacred union and the parties have to undergo reconciliation before divorce. Apparently, as per the holy book and Prophet Mohammad one of three things important for happiness is a righteous wife and also that the bond of marriage and that the bond with wife should be kept intact. While Biddat means innovation, Prophet Mohammad has also said that innovation that is not in agreement of Islam or holly Quran is not permissible. However, the worst part of Talaq-ul-biddat is that it allows a person to dissolve his marriage just by uttering the word Talaq three times. This is also against the Holy Quran statement which says that Men would have to wait till Iddat or period of waiting was completed hence not approve worthy. Well, Talaq-ul-Biddat came into existence during the reign of Caliph Umar in the second century of Islamic Era. He enforce the Triple Talaq mode that too in order to avoid hassles as it was the need of those times. The practice of it had started as a form of convenience by the Arabs who were on the world conquering spree during the era of Caliph Umar. After conquering parts of the Gulf, the Arabs would bring along male and female slaves to Mecca and Madina. The females were very attractive and the Arabs wanted to marry them but the law did not allow irreconcilable divorce. Hence, in order to satisfy their own wants the law of triple alaq at one go was enforced so that they could remarry. This law is said to come into practice from these times.
Recently there was a historic hearing for around six petitions as well as a suo motto PIL that challenged the validity of nikahhalala as well as triple Talaq in Muslims. The Supreme court state during the hearing that it would primarily find out whether the practice was Islam fundamental. If it is then, they would not interfere there. Secondly, if triple Talaq was sacramental and can be enforced as a fundamental right was the other aspect which they would look into.

They also stated that the law was not on any side. It was meant for the equality of the genders as they were on the side of gender justice and women equality. As they believed that Triple Talaq was definitely against the dignity of women, irrespective of religion, they would include triple Talaq in the gender justice issue.

*Source from the Internet

5 Employee Rights You Should Know

5 Employee Rights

Ask some of the greatest entrepreneurs of today or some of the biggest brands of the world about employees and they all would have one unanimous voice that employees are their biggest assets. It is a fact that people power drives a brand northward. At present many companies offer their employees different benefits and incentives when it comes to employee care. Having said that, there are firms who might not be as concerned about employee rights and might not even follow the rules and regulation around employee hiring, retention, termination or more. But, not all of us are aware of our rights. So, let us take a quick glance through five of the most important rights an employee should be aware off.

1. Minimum Wages Act – All of us might just not be aware of the minimum wages act that is applicable to employees of different categories in India including unskilled and skilled ones and varies across the country. The wage deciding factors are region, type of work, working hours, cost of living and the employer capacity to pay. You can get detailed information by checking the employee wages act.

2. Sexual Harassment Protection – We are not new to sexual harassment cases that have time and again become topics of discussion. For those who are not aware, there is already a sexual harassment act in place for women for prevention, prohibition and redressal brought into effect since 2013. It is a punishable offense and carries imprisonment of upto 3 year and might include fine too. The offenses listed under it include Passing Sexual comments, showing porn, demanding sexual favors, physical advances or contact and other verbal, non verbal or physical and unwelcome conduct or sexual nature.

3. Public Holiday List – The government of India has declared Independence Day, Republic Day and Gandhi Jayanti as the mandatory three national holidays. For any working on this day, prior permission from authorities needs to be taken. The employer needs to provide a compensatory leave or double wages to the employee if made to work on these days.

4. Pregnancy & Parental Leave

5. Probation rights – The probation period for an employee is kept as 6 months. It could be extended to 3 months more as well but cannot extend more than 2 years. Employers can terminate the employee if the work is found unsatisfactory. In cases otherwise the employee has the right to request an enquiry into the matter of termination.

There are many more laws for employees and its always advisable that you are aware of all of them, so that when the need be you know what your rights are and can use them to the optimum.

KLE Law College offering BALLBBBA LLB, BCom LLB and PG, Certificate courses