Arguendo

Arguendo is the Core Project in the Lex Coterie Group of Organizations.

Thursday, 16 April 2015

Call for Papers: NUJS Journal of Telecommunication and Broadcasting Law; Submit by May 15th

The W.B. National University of Juridical Sciences, India, has released the call for papers for Volume IV of its Journal of Telecommunication and Broadcasting Law (JTBL)
Call for Papers
The Journal of Telecommunication and Broadcasting Law (JTBL) accepts submissions on a rolling basis. Interested contributors are requested to send their submissions under the categories mentioned in the call.
For general queries relating to your submissions, kindly write to us atjtbl@nujs.edu
The last day to submit for consideration for Vol. IV is 30 April, 2015   15th May, 2015
Submission Guidelines
1. Co-authoring: is permitted.
2. Cover Letter: The cover letter shall contain the name of the author, institutional affiliation, title and category of the submission.
Submissions should be sent as attachments with the title of the write-up as the file name in .doc or .docx format only.
3. Contact Address: The Journal accepts only electronic form of submissions which must be mailed to jtbl@nujs.edu
4. Identification Details: The body of the write-up must not contain any identification of the author(s) or their institutional affiliation.
The official call for papers is HERE.

Sunday, 12 April 2015

Call for Papers: The Libertatem Magazine Issue 4 [Submit by 25th April, 2015]

CALL FOR PAPERS
THE LIBERTATEM MAGAZINE - ISSUE 4

The word written above shouldn't be taken as another addition to the already existing market of journals and periodicals in the legal arena. It should be taken as a fire brigade which reaches where there is fire. The fire which is present in the law students and members of the legal arena. Libertatem is a Latin word meaning a sense of freedom of expression. It channelizes this expression of the person who has something to express irrespective of the fact that what the CV of that person says, which is given a very high value and everybody is in a rat race to build it. It provides a platform to people who have something to express for the welfare of the community at large. A joint effort of students, this is a medium for the maximum utilization by all of you.

Through this platform students will be getting to know about the talk of the town of the legal arena, Supreme Court and High Court Orders & Judgment, Events taking place and other related things which a student should do and are there for welfare. People will also get to know about the ideas of the eminent personalities as there interviews which in turn are a message will be there in the magazine itself. A picture gallery is also waiting for you all which will be having a greater impact.
So, to broaden the scope of your knowledge and to get out of stereotype journals this is an arena for you all to express and get impress.

THE LIBERTATEM MAGAZINE is delighted to announce a call for articles for its 4th Issue, which will focus on contemporary legal issues.

GUIDELINES
·    Authors should not mention their name or any kind of identification mark in the manuscript. Any manuscript found to have any details of authors shall be rejected upfrontly.
·     Article should not exceed 1200 words [should be strictly adhered to].
·         All submissions have to be made in MS Word format with Font size 12 and 1.5 line space.
·         No co-authorship is allowed.
·         The piece should not be overly technical, but practical and engaging.
·         Article should be specifically related to contemporary legal issues.

·  Papers must be written solely by the candidate, in English, and may not have been submitted for publication elsewhere.
·     All the claims of the authors, in the body of the manuscript, are expected to be backed by reasons along with proper citations [any uniform citation will do] and shall not be merely an assertion.
·         Article should not be bifurcated by the headings, rather, flow of arguments should be maintained through the manuscript.
·         Submission should also mandatorily include the author’s view, in the conclusion, taking into considerations the aspects/contentions discussed throughout the manuscript.
·         Plagiarism is strictly prohibited and shall lead to immediate rejection.

PAPER SUBMISSION PROCEDURE
·         The deadline for submissions is 11:59 PM Indian Standard Time on 25th of April, 2015.
·         Authors should submit papers directly through the website under ‘Submission link’, where further details regarding the submission procedure is available.
·         Submission Link - http://www.mylibertatem.com/submissions/
·         For any queries, contact query@thelawbrigade.com

THE REVIEW PROCESS & OTHER INFORMATION:-
·         It is the author’s responsibility to ensure that all references and citations are correct, and the submissions do not contain any material that infringes copyright or is defamatory, obscene or otherwise unlawful or litigious.
·         The copyright of the manuscript will vest with The Law Brigade Group. Due accreditation will be given to the authors.
·         For the purpose of anonymity, the author/s shall not disclose their identities anywhere in the body of the manuscript.
·         The submissions will undergo a double blind peer-review process.
·         The Editorial Board reserves the right for modification of the manuscript to maintain the standard and quality of the submission. The board will notify its decision and other relevant information through email.

Thursday, 9 April 2015

Adhrit Consociate – Online Internship Cum Recruitment Programme

Adhrit Consociate – Online Internship Cum Recruitment Programme


ad
Adhrit Consociate, the official blog of Adhrit Foundation (www.adhrit.in) is hereby inviting applications for its Online Internship cum Recruitment Programme from undergraduate, postgraduate and doctoral students interested in writing about various issues.
Focused Areas:
  • Education
  • Healthcare
  • Youth Empowerment
Eligibility:
  • Open to all students above 18 years.
Note: People who are currently undertaking an internship at any of the group organizations (Alexis Foundation, Model Governance Foundation and Alexis Society) of Alexis Group are not eligible for this internship.
Place: Online.
Stipend: This is a voluntary and unpaid opportunity.
Certificates: The candidates who will perform all the assigned tasks within the prescribed time limit will be given duly recognized certificates.
Progression System: We have a six-tier progression system:
  • Intern – 0-2 months
  • Editorial Intern – 2-4 months
  • Assistant Editor – 4-6 months
  • Associate Editor – 6-9 months
  • Editor – 9-12 months
  • Senior/Executive Editor – 12 months & beyond
Your progression to the next level will depend on exceptional performance at the previous/initial level.
Reference/Recommendation Letter for Higher Studies/Job:  All persons associated with us for a period of six months or more will be eligible to receive a recommendation letter from our side (need basis).
About the Internship:
The selected intern(s) will work on following during the internship:
  • Writing articles for the blog.
  • Content creation, engagement and promotion via social media channels.
  • Developing skills to write high-quality research papers for academic journals.
The Deadlines for submission of application:
  • 1st Phase: 14th April, 2015.
  • 2nd Phase: 30th April, 2015
  • 3rd Phase: 14th May, 2015
Procedure for Application:
  • The prospective applicants are required to send in their CVs along with a Statement of Purpose for joining the organisation.
  • Applications should be mailed to: adhrit.internship@gmail.com
Recruitment Policy:
  • We are an Equal Opportunity Organization.
  • We firmly believe in Diversity.
  • Female Candidates are encouraged to apply.
  • Shortlisting of candidates is done on the basis of CV as well as SOP.
  • Every selection is done purely on merit basis.
The programme may be found at: http://adhrit.in/adhrit-consociate-online-internship-cum-recruitment-programme/

Monday, 6 April 2015

Case Summery: Shreya Singhal Vs Union Of India (Death of Section 66A of IT Act.)


            
                  Section 66A of the Information Technology Act, 2000 was struck down in its entirety for being in violation of Article 19(1) (a) and not falling under the scope of 'reasonable restriction',  under Article 19(2) of the Indian Constitution. Section 66-A of the Act stipulates punishment for sending offensive messages through communication service. The following article analysis the landmark decision of Shreya Singhal v UOI, which brought about the fall of Section 66A of the IT Act. 



The petitioners’ various counsel raised a large number of points on the constitutionality of Section 66A. According to them, first and foremost, Section 66A infringes the fundamental right to free speech and expression and is not saved by any of the eight subjects covered under Article 19(2). According to them, the causing of annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will are all outside the purview of Article 19(2). Further, in creating an offence, Section 66A suffers from the vice of vagueness because unlike the offence created by Section 66 of the same Act, none of the aforesaid terms are either attempted to be defined or can be defined, the result being that both innocent and guilty persons are roped in. Such persons are not told clearly on which side of the line they fall, and it would be open to the authorities to be as arbitrary and whimsical as they like in booking such persons under the said section. In fact, a large number of innocent persons have been booked and many instances have been notified to the Court. The enforcement of the said section would really be an insidious form of censorship which impairs a core value contained in Article 19(1) (a). In addition, the said section has a chilling effect on the freedom of speech and expression. Also, the right of viewers is infringed as such chilling effect does not give them the benefit of coming across various viewpoints that could be viewed over the internet. 


In reply, Mr. Tushar Mehta, learned Additional Solicitor General defended the constitutionality of Section 66A. He argued that the legislature is in the best position to understand and appreciate the needs of the people. The Court will, therefore, interfere with the legislative process only when a statute is clearly violative of the rights conferred on the citizens under Part-III of the Constitution. There is a presumption in favour of the constitutionality of an enactment. Further, the Court would so construe a statute to make it workable and in doing so, can read into it or read down the provisions that are impugned. The Constitution does not impose impossible standards of determining validity. Mere possibility of abuse of a provision cannot be a ground to declare a provision invalid. Loose language may have been used in Section 66A to deal with novel methods of disturbing other people’s rights by using the internet as a tool to do so. Further, vagueness is not a ground to declare a statute unconstitutional if the statute is otherwise legislatively competent and non-arbitrary. He cited a large number of judgments before us both from this Court and from overseas to buttress his submissions. 


In conclusion, we may summarize what has been held by us above:


(a) Section 66A of the Information Technology Act, 2000 is struck down in its entirety, being violative of Article 19(1) (a) and not saved under Article 19(2).

(b) Section 69A and the Information Technology (Procedure & Safeguards for Blocking for Access of Information by Public) Rules 2009 are constitutionally valid.

(c) Section 79 is valid subject to Section 79(3) (b) being read down to mean that an intermediary upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) are going to be committed then fails to expeditiously remove or disable access to such material. Similarly, the Information Technology “Intermediary Guidelines” Rules, 2011 are valid subject to Rule 3 sub-rule (4) being read down in the same manner as indicated in the judgment.



(d) Section 118(d) of the Kerala Police Act is struck down being violative of Article 19(1) (a) and not saved by Article 19(2). All the writ petitions are disposed in the above terms.



Edited By FSA Team.


Case Summery By:

Abhishek Gupta, is currently perusing BBA-LLB (Hons.) from Faculty of Law, IFHE, Hyderabad. And has cleared Company Secretary (Executive part 1) as a part of distant education from The Institute of Company Secretaries of India. He is at present working on part time basis in the legal department of Creativeye Design Studio, Hyderabad.