Christ University Law Journal

Case Comment: Yagnaseni Patel v. The General Manager, Mahanadi Coalfields Ltd. & Ors. 2023 LiveLaw (Ori) 76

Saumya Verma — Wed, 03 Jan 2024 00:00:00 +0000

This case commentary analyses the legal issue involved in the case of Yagnaseni Patel v. The General Manager, Mahanadi Coalfields Ltd. According to the Orissa High Court, the daughter has a claim to the father's property, the right is conferred at birth and the provisions respecting the rights apply on and from the date of the Amendment Act, 2005. The High Court stated that even though her father died before the 2005 Amendment, the daughter had a right. The Bench cited the case of Vineeta Sharma v. Rakesh Sharma and Others 2020 (II) OLR (SC) 569: (2020) 9 SCC 1 in which the Apex Court held that a daughter shall remain as coparcener throughout life, regardless of whether her father was alive when the law was amended in 2005 or not, emphasizing that the law is retrospective.

Keywords: “Hindu Succession Act”, “Property Right”, “Coparcenary Right”, “Retrospective Effect”

Gender Justice and the Law

Shilpi Roy Chowdhury — Wed, 03 Jan 2024 00:00:00 +0000

State Response to Violence against Women on Social Media

Arjun Philip George — Wed, 03 Jan 2024 00:00:00 +0000

With the increase in the advent of new social media platforms, women around the world have turned vulnerable to technological crimes like morphing, fake profiling and cyberbullying. Though the provisions of IPC and provisions of Information Technologies Act try to prevent these crimes to an extent, the efficiency of these laws is still a matter of doubt. Further, society trains women to ignore the cyberbullying that they face in social media. This forces the women to keep themselves out of social media platforms or to hide their identity while being in the platform. Technology, which is supposed to be a liberating force having the power to fill in the existing gaps and disadvantages that women face in society, has proved counterproductive by siding itself with the earlier institutions of patriarchy.

Justice still eludes Indian Women in the 21st Century

V. S. Elizabeth — Wed, 03 Jan 2024 00:00:00 +0000

For anyone who has been keeping track of the legal developments in the United States of America, one of the issues of greatest concern is the overturning of Roe v. Wade^[1] and with it, all the gains made by the feminist movement regarding Women’s Reproductive Rights and more importantly women’s right to their bodies. On the other hand, in India, there have been so many more issues, from Muslim women’s struggle against triple talaq in one sitting^[2], to the need for a Uniform Civil Code, to criminalising rape in the context of marriage^[3], laws to regulate surrogacy^[4] etc., that have caused concern, but not the right to abortion as in the US.^[5] One of the positive legal developments is the 106^th Amendment Act, passed as recently as 29^th September 2023

Editorial

Sharmila N., Shilpi Roy Chowdhury — Wed, 17 Jan 2024 00:00:00 +0000