Critical Analytical Note

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BrEXIT Series III

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Critical Analytical Note: Critical Analytical Note

Legality of Hyperlinks

Legality of Hyperlinks

I, for one, while writing, picture the intended audience and the beneficiaries (wishful thinking). This article talks about the legality of hyperlinks, taking a leap from trademarks we jump to the next but a slightly tangled trajectory of Intellectual property Law. Copyrights are about ideas, they say ideas are bullet proof but with all my […]

Preliminary decree in partition suit and role of Commissioner

Preliminary decree in partition suit and role of Commissioner

In a partition suit, preliminary decree is passed. An execution petition is filed by the plaintiff before the court. Court allows for it and appoints a commissioner in furtherance of the same. However, objections are filed against the execution of the decree and for the recall of preliminary decree, by the defendant. Court allows for […]

Filing for trademark in India

Filing for trademark in India

In today’s materialistic world where intangible standards of quality such as the goodwill and the brand value of a certain product matter than the tangible quality of the product itself, when the common folk, the youth, dances to the tunes of wakhra swag shunning the idea of running after the brand tags but savagely contradicting […]

Material alterations to a Cheque

Material alterations to a Cheque

We received multiple requests to consider doing a post on material alterations to a Cheque than confining ourselves to just alterations in the signature. In this post we look at various issues that arise out of altering a Cheque…let’s get started! What constitutes material alteration of a Cheque once it has been signed? What changes […]

Cheque bounce Case (Altered presumption of acquittal by sessions court)

Cheque bounce Case (Altered presumption of acquittal by sessions court)

Now let’s alter the presumption. Presumption here is that Sessions court has acquitted the individual after he was convicted by the trial court. In case of acquittal by session court, section 378 of CrPC will come into play. Under sub-section 4, a private individual may by an application made to HC ask for grants special leave […]

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Implications on Human Rights

The migrant crisis in the recent past has marked an uptick in the right wing propaganda across the European continent. For people concerned about human rights – the provisions for economic, political, social and cultural rights in the international scenario that still serve as the best mechanisms for the protection of human dignity, justice, solidarity, remain largely at stake. The conventional argument pushed by the “Bremain” group stands as follows: How can anyone who cares about human dignity supports, in their good conscience and sanity, Johnson’s sneering racism on one hand, and/or an EU of the fortress Europe that does not care about the thousands dying in its seas and its borders, and suffer under the structural violence of austerity, on the other? Our understanding of human rights might help us answer this question better. The leave campaign has drawn upon the xenophobic rhetoric that the right-wing press has stirred for decades, erroneously depicting “human rights” as baleful mechanisms created in the first place to facilitate access and safe havens for terrorists in prisons, “protected” from their victims. It is imperative to understand that ‘human rights’ in fact contain a range of rights from the individually oriented to the collective.

Remembering the full spectrum of what is meant by ‘human rights’, those responding to the Brexit debate from a progressive, left wing perspective are now concerned about their fate in the possible post-referendum Britain more than ever. Human Rights are at stake more than ever given that the Conservatives pledged to scrap the Human Rights Act, 1998 in the last general election. As an act of the parliament, the Human Rights Act stitched the European Convention on Human Rights (ECHR) into the British law: like any other piece of legislation it can be removed at any time by a new Act of the Parliament. The European Court of Justice (ECJ), on the other hand, being an EU body, draws upon the case law of the European Court of Human Rights, and its Convention. Thus, the argument as it stood, meant cutting the link between ECJ and the ECHR. The impact of this on UK as a non-standard member of the EU has been complicated further by the Treaty of Lisbon. A Brexit pushed by a xenophobic government with a track record of curtailing workers’ rights, the rights of the protestors, and human rights as a whole is likely to leave the Britons in a more precarious position in terms of the mechanisms they can draw upon to defend themselves. However, this criticism might take result into blindly defending the EU itself. The broader argument put forward by pro-EU liberals that the union was formed in the first place to “bring peace and co-operation to Europe” stands unconvincing today. To those on its borders, in its prisons, and on the blunt end of EU neoliberal policies, the EU remains hardly a protector.

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