Prepretrators & Victim of Domestic Abuse: The Dark Truth of Our Homes (9 July, 2020) Summary
Prepretrators & Victim of Domestic Abuse: The Dark Truth of Our Homes (9 July, 2020) Summary
Prepretrators & Victim of Domestic Abuse: The Dark Truth of Our Homes (9 July, 2020) Summary
Summary-
I came to know gender base violence is not new to us. In this global pandemic time it’s
increased. The rate of reporting domestic violence also gone up. The topic was divided in to four
parts:-
Understanding domestic violence- Any behavior within an intimate relationship, that causes
physical, sexual, of psychological harm (WHO,2010). Concept of violence is basically on crime
which is based on two opposite sex. Abuser is the Husband & the victim is the women. The
acuuse can exist in any type of personal intimate relationship regardless of any status, race,
ethnicity, sexual orientation & educational background. There are so many types of domestic
abuse, physical abuse, sexual abuse, psychological abuse, economical abuse & digital abuse.
Psychology of the abusers- Abusers has low self steams. & they use the violence to complete
the adequacy of helplessness, powerless & aggressive. Patterns of abusers has basically divided
in to two parts. One is physical & second is psychological. Not letting her use of family income.
Making her guilty of life, threading them to take the children away , not taking her consent
seriously & shifting the responsibility of her. The cause of domestic abuse is multiple & very
complex. Alcohol increase the chances of domestic violence. Isolation of women by giving them
lesser legal status. At cultural level is already embibed in culture. In this concept man deny to
live egalitarian way of living.
Recognizing domestic abuse & assisting the victims- There are basically three kinds signs
which indicates women she is abusive relationship or not. The number of crime against the
women is remain unreported in this nation wide lockdown. Patriarchal fear has kept many
women away from raising her voices. If partner controlling the women, means where she go,
what she do. There are certain remedies also available. First, listen & be aware of the warning
signs. Second, believe the victim. Third, create a safety plan. & the fourth last one offer specific
support (mental health professional, NGO, Legal assistance). So, these are the remedies available
to control domestic violence.
LEGAL CONTRACT MANAGEMENT AND ABSTRACTION
Summary-
Sanya Bhatia-
She givens the full meaning of Contract Abstraction. Contract Abstraction is the process of
“abstracting”. From a contract management system or an application used by the company.
Location is very point. Governing law depends on the location of the party. The entire process of
abstracting contract is called as contract management creation, execution, and analysis to
maximize operational and financial performance at an organization, all while reducing financial
risk. Internationally agreed document published by the international swaps and derivative
association, Inc. (ISDA) which is used to provide certain legal and credit protection for parties
who entered in to over-the-counter. The counterparty default risk is very high in OTC (Over-the-
counter) markets. Thus having a legal ISDA is your way our in case you are facing a counter
party default risk. Netting is a method of reducing risks in financial contracts by combining or
aggregating multiple financial obligations to arrive at a net obligation amount. Netting is used to
reduce settlement, credit, and other financials. It is an arrangement between two parties known as
counterparties that governs the treatment of certain offsetting transactions or contracts. It is a
legal document which regulates credit support (collateral) for derivative transactions. It is one of
the four parts that make up an ISDA. A credit support annex (CSA) is a document that defines
the collateral by the parties in derivatives transactions. It is one of four parts of a standard
contract or master agreement developed by the international swaps. The rapid growth and
complexity of the over-the-counter (OTC) derivative market, swaps, and the risks to the financial
system.
Shreya Gupta
Key terms in which contract sign between 2 & more than that :
When you sign a contract in a sign of paper. Keep the paper. Ma’am shows the sample paper
how contract abstraction paper looks like. How they used short summary & how they handy for
them. The priority what is the contract completion date that will share among the team members.
So in that case they are few thing that people need to be care of, sign a document and do it
manually. Lack of dedicated and internal legal team. While used to start the contract abstraction.
Analysis of contract its one of the most important part, contract reviewing, listing the contractual
rights and liabilities, identifying the inconsistency or contradictory provisions of the contract,
updating the conract & checking for the amendment of the contract. It’s definitely save time and
resources; easy to understand contract terms. Easy to monitor and manage contract compliance.
Help in knowing important obligations and acknowledging overlooked revenue or rights. There
is no need to carry lot of file with you. Ma’am given full picture of contract abstraction.
LEGAL FACETS OF WOMEN AND CHILD RIGHTS (12th july, 2020)
Summary –
Dr. G.K. Goswami
The conference started with the topic of Human trafficking. How the human trafficking raising
the graph of crime. In the conference he said that it’s one of the reason behind the social
imbalance in the society. After that he has covered the area of rape, where India stands in the
matter of rape cases. In India, the pendency of rape case is so high. In 90% cases police filed the
chargesheet but, only in 30-35% cases accused gets convicted. So, there is long gap between
filing the cases to accused gets convicted. He also defines the meaning of Harassment & assault.
He also given the example of Nirbhaya Case, how the total meaning of rape changed. After
nirbhaya case one amendment came in to force & totally alter the meaning of rape. If accused,
penetrated in the mouth of victim. Then, it will be considered as rape. He also classified the
meaning of Child Sexual Abuse (CSA) under POSCO Act, 2012. Define the salient features of
the POSCO Act. Like, it’s gender neutral. POSCO Act is both substantive & procedural law and
so many things. What pleas taken by the defense lawyer in POSCO Act. First, inordinate delay.
Second, majority of age & consent. Thirdly, no injuries & last lack of corroboration. In the case
of sexual offence age factor is the most important one. In the case of jarnail singh v. state of
harayana, the thing come out that how to determine the age of accused. When the investigation
officer is doing investigation it always should be in scientific manner.
Prakash. D
Moving on Prakash sir given the data of National Crime Record Bureau (NCRB) that 1 child
disappear in every 8 minutes. Organ trade is also one of the most wide crime in India. He also
given the idea of 3P – Protection, Prevention, Protection. He stated the role of Non Government
Organisation is very important. Kailash Satyarthi’s NGO’s doing tremendous job in the field of
child trafficking & education of child below 14. After that he said the role of media is also more
important like NGO’s. The role of media should be very positive in the society by showing each
& every aspect of society. He also said society should come forwards & ensure the future of
child.
Ma’am cover all aspect for the upliftmnet of women & how to reduce the gender gap.
Jayant Bhatt sir given the example of NALSA v. U.O.I. in this case the right of third gender
classified. All of them define the topic in most effective manner. I am able to get the things in
most simplest way possible.
NATIONAL CONFERENCE ON TRENDS IN CYBER FORESICS
INVESTIGATION AND ITS RELATED LAWS (19th July 2020)
Summary-
Conference started with Mr. Anil Chiplunkar on investigating Cyber Frauds. Cyber space is realy
huge, it’s not based on geographical identification. Different kinds of cyber crimes are hacking,
cyber stalking, cyber squatting, pornography, data didding, phising, email bombing & etc. he
distinguishes between cyber crime & cyber fraud. He defined the meaning of FRAUD as
financial, resources, acquired, using & deception. These crime done by using the cyber crime.
Number of cyber fraud cases in 2018 is 3,353 & it’s increasing. Prob launched – Netbanking
Fraud. Bundgarden, pune – at least six account-holders of the branch have said that amounts
between Rs. 47,000 & Rs. 1.93 lakh were withdrawn from their accounts by way of unauthorized
internet transactions by unidentified person. Complaints have also accused the bank of failing to
take corrective action despite repeated occurrence of such fraudulent internet transaction.
Criminals mainly looking for customer information. phising is very effective till date. It’s very
difficult to catch the crime because there is no physical boundaries. It is the field of investigating
computer crime comparatively young technique. Unique issue associated with computer crime
cases include. Compacted investigation time frame (detective) intangible information. Potential
interference with the normal conduct of the business. Impact the normal conduct of business.
Computers are used as the target, computer intrusion, data theft. Computer as the instrument in
the crime credit card fraud, telecom. Traditionally is a reactive activity. Time slide became easily
for handling the cases. Analyzing the all system based in evidence what we got in the crime
scene. Windows mac that kind of offence. Evidence may be given to show the meaning of
illegible or not commonly intelligle characters, of foreign, obsolete, technical, local and
provincial expressions, of abbreviations and of words used in peculiar sense, section 98. There is
no central authority so, we can not admit the bitcoin in court of law. Once the bitcoin is sold you
are not able to purchase it again. In india there is no any remedy available for the cryptocurrency.
So, it’s better not to use the crypto currency. Cyber forensic is developing day by day the person
who is seeking this field needs to be so dynamic. So , they can understand the changing
environment of forensic science.
‘ROLE OF LAW IN ENVIRONMENT SUSTAINABILITY: DISCUSSING
RIGHTS OF NATURE AND RIGHTS TO NATURE’ (26th July 2020)
Summary-
Dr. Alok Mishra, Deans, NMIMS, Kriti P Mehta School
In 1970’s Green revolution in achieving success. Due to poverty. We can’t go beyond in our
thinking. Plant have also the life. He got an opportunity to connect, himself & environment. The
social contact, how wire elevated from the main sources. Land erosion, the way we rooting out
our forest. Forest are home for 80% of the animal. David link, there he found the opportunities to
take with people & talk about the birds. He also talked about lot of trees in countries but, the
agriculture was very less. Hardly any agriculture, but lot of trees. This is not problem for india
only but, it’s global problem.
If we look at the, huge transporatation, huge biosphere. Climate change is going & it’s major
problem. Law is a instrument of change. We didn’t have more changes. Subject matters in 3 rd list
of seven schedule. Article 48 of Indian constitution. And the statutory enactment Indian
parliament has progressive to change state list. Right to nature is first stages its extension of
human rights. Rights to public participation. Recent 2000, impact on environment EIA
(environment impact assessment) it’s only the assignment economic prosperity. What we’re
looking for. Environment sustainability & economic sustainability we need to take quickly.
Human beings are primary species environmental laws, we only need to regulate the
environment. Right of nature is ecoscentric. Nature is legal entity. It’s really come up in 1940’s.
Thomas berry, it’s essentially nature has some right like human rights. Not only for human
beings but for all the species. Very broad correspondence with nature. Deira clone Vs. Neuton,
gone in the favors of dissenting justice, William duckless. It’s very important to give focus on
this area. Then, there is need of research.
Basudev Mahapatra
Human beings is just sharing with other plant & others ecosystem. Plant & animal, plant gives
everything to man. Food & oxygen provided to human beings. It provides water. It provides
ecosystem. Nature upheld itself to support the system. We started land for agriculture. Green
revolution to India. India needed food production. So, our fundamental objective is not limit to
our requirement but it’s beyond our requirement. Killing the fertility of nature. We hampered the
ecosystem services. The contamination of soil. Now, balangio district, converting the green in to
bown. Hypoxia, means reserve very less oxyegen. Aquatic ecosystem suffered a lot. World is
becoming more toxic day by day.
2 DAYS INTERNATIONAL VIRTUAL CONFERENCE ON WILDLIFE
FORENSICS, ITS LAW AND CONSERVATION, (28-29th July 2020)
Summary-
The conference started with Mr. Anuj kumar, founder of Legal Desire. He has also served state
of Andhra Pradesh & telangana in public policy.
All India tiger assonated, India has already 70% of tiger in the world. We need to have our duty
to protect our tigers. DPSP says that safeguard the forest of the country. Ashoka codified the
wildlife. WPA 1991 this is the umbrella legislation dor the wildlife in india. Which extracted
from our wildlife. India judiciary has done tremendous job in wildlife protection. Nayar &
another Vs. UOI held that elephant doesn’t include as performing animals.
Ma’am started with the introduction part. India is one of the few country in the world which has
reach biodiversity. Value of wildlife is very important. & this is the symbol of nature. The judge
wants to know the human side case. When livelihood came in case. Wildlife forensics is largest
crime in the world. Wildlife crime is emerging as a big threat. Each state has to protect the
wildlife. India has few of the country which has law on protection of wildlife. Judiciary is often
trying to relate with human law. All wildlife law has given tremendous power. Gap in
communication poor evidence collected from the crime of act. We also need to work together.
Forensic will be accessible on the people who need it.
Every evidence collected by police is admissible in the court of law. Wildlife forensic is all about
research & development. DNA from the crime scene. Laboratories which talks about scientific
affairs. Which is under the ministry of home affairs. They don’t have kits related to them forest
guard not have educated degree. We need to create frontline guides. Forest officer don’t know
how to use. When this evidence guest to court. Judge in the country then deny to. Conviction rate
is only 4% in wildlife case. We need to protect the wildlife conservation beyond borders.
Narcotics illegal arms supply, human trafficking illegal wildlife trade. 1987, total 4036 offence.
There are many product available in the market. DNA is the first part. The major lacuna is this
how to pressure the sample in laboratory. Jaipun rhino was recovered black & white rhino. Two
African rhino. Sometime people wrongly advertise the product. DNA is very powerful to identify
any individual identity. Morophomology is tool. Cattle & dog skin is being used. Our institutes is
envolved in reserving wildlife protection neighboring country like Nepal & Bangladesh. They
are training the people to make able to understand the forensic science. WTI authorized report.
They don’t need to appear everytime in the court. It’s very necessary to conserve the wildlife.
Abhilash Khandekar
Since, the global tiger day. Celebrated in delhi, forensic law come in to play when. Tiger died by
unnatural death. Due to railway accident & something like that. We all now finished when
natural resources doesn’t conserve. Human being is most dangerous as per as wildlife as concern.
When our forefather declare tiger as national animals. When tiger has in real threat. If we don’t
conserve the nature flaura & fauna. Are we able to expand our own wildlife conservation. The
importance is given to bio diversity in nature. Collective mine toward the conservation. The
importance is given to biodiversity in nature. Collection mine toward the conservation.
Biodiversity is in very serious threat. Conservation at the local level. They are all loosing. If
there’s tree then there’s bird. Conserve butterfly, beas, birds & bats. Gorraiya is a state bird of
delhi. Most of us seen the small bird start gathering from the many cities. EIA issue is not
debated being cities. EIA issue is debated being among the countries. It’s going to directly
impact the resources of the country. Conservation is most important thing, GOI wants
development in every aspects. Forests are getting. There are more than 20 species. Because it’s
connect two countries there are large number of international organization.
The needless exploitation of nature by humans. The dimension of crime, all kind of religion
involved in the wildlife crime. In terms of financial of wildlife trade more the 60 US dollar
involved in these kind of crimes. Wildlife crime is not all about crime. But, it is a set of crimes.
Multiples impact of wildlife crimes. Ecological implication, economical implication, sociological
implication, political security implications. India as a source country vis-à-vis illegal trade in
wildlife. Main flows of rosewood logs & timber seize. Tiger is major wildlife species in illegal
trade in india. Protection of wild animals, birds & plant and for matters connected there with or
natural world. Enforcement of the legal framework in state/UTs & exist points.
State chief wildlife wardens. Exports permitted through the customs points at new delhi.
Mandate, roles & activities of wildlife. Crime control bureau, wildlife forensics, provide
scientific evidence to inform investigation in to crimes against wildlife products. There are spo
many challenges in forensics like, huge variety of species gaps in evidence collection, chain of
custody security. Gaps in trained forensic HR. lack of dedicated teams for wildlife forensics.
Although it is relatively a disciple in the wildlife conservation much advancement have already
been achieved.
Neederland forensic institutt world leading forensic institution people are the crime scene collect
the evidence crime scene is the biggest carrier of forensic trades. Don’t disturb the crime scene.
Don’t containment of crime scene. Crime scene is biggest carrer of evidences. Only the trades is
important forensic investigation, forensic discipline scientic based, result. He also worked in
biggest crime firon killing or origin of remote control. He got million euro to conserve the
wildlife. The evidence for human life crime scene & wildlife crime scene are same. He got
connected with professor, university of florida. Learning concept of wildlife. Theatrical training
practica wildlife field training & virtual reality training. Forensic intelligence, we can use
satellite & GPS to see the changing behavior of animals. Forensic intelligence in wildlife to see
the western cape of south Africa, a beautiful place & green place. Bufflesfontein nature & game
reserve, he is working one of the academy. How to handle crime scene & how to handle forensic
science. Human wildlife, conflict, wildlife poaching, wildlife trafficking, illegal wildlife trade.
Criminal justice claim chain of custody role of forensic, forensic awareness, preservation of the
scene, trace detection & collection, forensic photography. Wildlife is assets in Africa.
Wildlife usually means flora & fauna wildlife. Crime is basically define as possession, trade,
killing of any wild animal. Wildlife crime & trade in wildlife product is similar to other forms of
crimes such as trade in narcotics. It’s serious offence, rhino poaching is an organized crime,
involving national & international land wildlife crime & forensic science natural phenomena i.e.
things & process of investigating activities. Obtaining accurate evidence in wildlife crimes.
Wildlife crime seeks to link the crime scene, the suspect & victim. Pathology crime scene
investigation. Ballistics, chemicals profiling & DNA analysis. 5 aspects is important in Indians
perspective. Law enforcement patrols, border & trade control to conserve the wildlife animals.
The 2 days national conference was very insightful. I’m filled with the plenty of knowledge.