Introduction to censorship

Supervising and prohibiting the information ideas that are circulated among the people within a society. It refers to the examination of books, play, films, television live-streaming apps at other communication media for the purpose to cut or remove some parts which are thought to be objectionable or offensives. 
This censorship is mainly done by a governmental authority, local national, by a religious body, or occasionally by a powerful private group.
If this has to understand in the broadest sense, it refers to suppression of information, ideas, or artistic expression by anyone, whether government officials, private pressure groups or speakers, writers, and the artists themselves. In the more legalistic sense, censorship means only the prevention by official government action of the circulation of messages already produced. Thus writers who censor themselves before putting words on paper, for fear of failing to sell their work, are not engaging in censorship in this narrower sense, nor are those who boycott sponsor or dislike television shows.[i]

Yet all of these restraints have the effect of limiting the diversity that would otherwise be available in the marketplace of ideas and so may be considered censorship in its broadest sense. Not all censorship is equal, nor does all arise from government or external force. People self censor all the time such restraint can be part of the price of rational dialogue.

What are OTT platforms?

Over-the-top platforms, or audio and video hosting and streaming services started out as content hosting platforms but soon branched out into the production and release of short movies, feature films, documentaries, and web series themselves.

These platforms offer a range of content and use artificial intelligence to suggest to you the content they are likely to view based on their past on the platform most totally paid platforms generally offer some content for free and charge a monthly subscription fee for premium content which is generally unavailable elsewhere. The premium content is usually produced and marketed by 30 platforms themselves, in Association with stylish production houses with historically have made feature films.
As in India, there are no laws or rules regulating OTT platforms as it is a relatively new medium of entertainment.

Concept of censorship

There are different types of freedom or forms of liberation that everyone needs to be able to feel comfortable and accommodate in our society. Intellectual freedom is the right of each individual to access information that is both receiving and pursuit exclusive of any restriction or containment. Free expression of ideas at all angles can be termed as intellectual Liberty first of censorship is the control of informatory materials that are seen to be of great threat dangerous or might bring fierce public debate to our society, a nation, or even international.

In consequence, the main aim generally for his art in our society is to restrain and concealed beneath the disguise of defending the main fundamental public amenities that is the state, family, and the interest of society.

Laws related to censorship

In India, the film certification was set up under the cinematographic act, 1952 far stop the act long with rules 1983 and guidelines 1991, set out the manner in which films are to be certified for exhibition in India by the censor board And this act states that “a film shall not be certified for public exhibition if in the opinion of the authority competent to grant the certificate the film or any part of it is against the interest of society”.

Censorship is practiced by institutions such as CBFC in the central Bureau of film certification established under the cinematograph act 1952. The CBFC is a film regulatory body that not only adheres to primitive standards of censorship but it's also rigid about these standards.

Censorship is exercised through registration search section 95 of CCP which has the power to declare certain publications forfeited and to issue search warrants for the same.

In India, most of the laws can be easily manipulated and fit into convenient narratives. It is important to be aware of the legislation concerning censorship and to know that if the social media platforms are OTT platforms are censored.[ii]

What happens now to the OTT platform and how should OTT platforms be regulated?

The government has been decided to bring films and audiovisual programs made by these online content providers and their first challenge before the audit platforms would be keeping a check on their content. And the central government has brought the various platforms under the I&B ministry and this ministry also means that these platforms would also have to apply for certification and permission of anything which they want to present to the live streaming platforms. This in itself would give rise to many conflicts as most OTT platforms have content that could otherwise be censored by the certification boards in India.

There is a various point of views which was made by the movie directors, creators that creating regulation for OTT platforms such as Netflix, Disney hot star, Amazon Prime Video, And others to level the playing field between movies released in theatres and those released on streaming platforms. It is stated that the movies that directly released on OTT platforms do not have certification by CBFC and get an advantage over those that release in theatres. on the other hand, someone argued that there would be no regulation and if there will be a regulation then there should be self-regulation which should be limited to the certification the choice to view content, whether in the theatres should be left to the viewers. One time when it is going to certified then whether the content has violence, nudities, strong language, or any other predetermined feature it should be up to the people that they want to watch it or not and for the children occupied forms also provide the parental control. Anyone what they want to see or not all these things depend on them. This was the main aim that was argued by the directors.

Is censorship of OTT platforms is good or bad:

There are various bans that are made on the OTT platforms which were disliked by the public or which are against their society. The content which is provided on such a platform though in violation of various laws of the nation is still under Supreme Court's observation. Whether the platform shall be under a self-regulatory body or there shall be proper legislation that provides for a statutory body to control and censor the content streaming on such platforms is an important question. Censorship is mainly supported by the people who are adults of the age of 40s. The main argument here is that censorship is that content on the OTT platforms is subscription on-demand, where viewers have a choice to pay and select what to watch. Apart from this the piracy of movies another factor why filmmakers take the route of OTT there are a large number of artists who don't have enough money to portray their creative thoughts through cinema so here OTT comes as a great breakthrough for them. These platforms are the perfect platforms where a director can build a great story, and this is the reason why most of the viewers get attracted to the content provided by such platforms. On that platform, they are fearless of any event and they show various socio-political issues which cannot be seen in mainstream cinema. Even after censorship and cinema still, there has been a huge dispute with regards to various movies like Padma vat, PK, etc. So there exists no reason that after censorship of OTT platforms the content will not face any position. Also, the content available on subscription forms are affordable, belongs to the native language, deal with regional content, provides free trial facilities to the user and most importantly is convenient. In the current pandemic-like situation there is a huge rise in the viewers of OTT platforms. Which creates a greater increase in the income level of the streaming apps.

The main reason for doing this censorship is the shows which are streaming on the OTT platform like sacred games, in this series, was criticized as it mentioned some speculative lines on Rajiv Gandhi and also mentioned the before scams and this series has also hurt the feelings of Hindus by promoting Hindu phobia. Other than Netflix coming to Amazon prime they also deleted the scenes of political drama Madam Secretary because it was said that this show hurt the sentiments of various people as it deals with Hindu nationalism, India occupied Kashmir, the violence of Muslims by majoritarian society, etc. There was a plea filed to deal with the regulations against alleged streaming of obscene and sexually explicit content. They were alleged that these media content streamers are broadcasting content that is unregulated that is not to be shown on this series they are legally restricted they are showing nudity and insulting the reputation of the people they hurt the feelings of the people and what they are doing they have to be punished because the content can also be viewed by children under 18 years of age which exposes them to sexual acts terrorist activities and vulgar content and which is not good for our country because it can lead to the terrorism rape and other criminal activities etc. With regard to explicit visual content which could trigger trauma content scenes that are often a part of action films or films surrounding mental health, there should be a content warning disclaimer. Again a content warning disclaimer is not censorship of content but a piece of information for the potential viewer about what they should expect from the film. Film censorship is a tricky field since it has no objective boundaries it is based on the viewer's sense of morality and morality, to a large extent is subjective. There were multiple questions have been raised regarding the autonomy of the CBFC to stop the motto of the CBFC'S to ensure the certification of films without restricting artistic liberties expression. The CBFC principal function is the certification of films and not the censorship of content.[iii]

There were many arguments that stated that censorship is wrong because for some people films seem to be unsafe but for others, it may seem progressive. So, it is unfair to dictate what to watch and what not to watch. These days, people are preferring OTT content over television content, because of the quality of content to stop but if it is censored the content stored to the same level as television content. This may discrete investment of the OTT platforms. Audit platforms created many employment opportunities, and lack of investment reverses the progress. There's so much explicit content present on the Internet censoring only, OTT platforms leaving the entire Internet seems unfair.

So these are the arguments and these are the things which are stated here which conclude that censorship is both right and wrong because for some it is good and for some it is bad. Censorship in India today is a complicated offer due to ever-changing ideals of acceptability. We are at a time when all of us need to be more tolerant and more understanding of voices and ideas that stand in opposition to ours. 


As we are looking at the scenarios which are going on nowadays there should be a need for an unbiased regulatory body. Internet content streaming cannot be controlled by a self-regulatory body and the body shall distinguish responsibility content on regulations total platforms and the government shall work together on this and end this issue once and for all. Nowadays public is looking for content that will bring out the truth of society deal with political issues and provide us regional varieties of content that don't hurt the sentiments of a single class of people.

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Author: Satyam Soni, Student of University of Petroleum and Energy Studies.



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India has moved towards digitalization, which has brought technical strength. People explore via the internet and make their lives simple and relaxed. They explore the unfamiliar and intermingle virtually, anywhere, anytime in the world with every person. Digital space has opened doors to cybercriminals, and cybercrime is a universal outbreak, and time and again women are their goals. 
Cybercrime and victimisation of women are on the rise with the arrival of technology and it poses a major challenge to a person's safety as a whole. India is one of the very few countries to implement the IT Act 2000 to tackle cybercrime but this act still remains unbothered with regard to women. The said Act defined such offences as hacking, posting pornographic contents on the web interfering with information as punishable offences. But the significant threat to women's defence, in general, is not enclosed completely under this Act.

“Cybercrime is a term for any illegal activity that uses a computer as its primary means of commission. It is an offence that is committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as the Internet.”


In plain language, any criminal activity that uses a processor as the major means of commission of offence can be regarded as cyber-crime. It is prolonged to take account of acts such as illicit wrongdoing on the internet, an infringement of internet laws, an illegal activity committed by the means of the internet, workstation crime, and infringement of any network law, internet bribery, and disturbance of performance via a malicious programme. Cyber-crimes may be perpetrated against individuals, possessions and administration. Below is a discussion of the prevalent forms of cyber-crimes:-

· Stalking via E-mail: It is not the latest notion. It is very close to letter-based abuse. This involves blackmailing, maltreatment, coercion, and even cheating through emails. While E-harassment is parallel to note aggravation, creates concern quite often when posted from fake ids.[i]

· Cyber pornography: This is the main risky to the female population. This may include pornographic websites or pornographic periodicals that are created to download & distribute pornographic photographs, pictures, writings, etc., “using computers to publish and print the material” on the Internet. Nearly 50% of websites currently contain pornographic content on the Internet. This makes the character of a woman unsafe as cyber criminals use women's images to fix them with bare photographs or the photos and videos resemble that the woman only.[ii]

· Cyber Stalking: The secrecy that the internet provides support stalkers. He might “be on the other side of the earth, or a” friend “next door, or a relative” nearby! It includes tracking the movements of a person by means of the Internet by messaging comments (at times frightening) “on the victim's bulletin boards, accessing the victim's chat rooms, continuously” attacking “the victim with emails, etc.” The stalker, in general, seeks to inflict emotional harm and his messages serve no valid intent.[iii]

· Cyber Grooming: Cyber Grooming is when an entity develops an online relationship with a youthful individual and tricks or forces him or her to perform sexual acts.


The most affected victims in this era of technological advancement are females. Every domain of life now a day, begin & finish with digital involvement i.e. processor technical intervention. The useful in addition to obstructive parts also appear in the light of this. A universal phenomenon is a cybercrime. The growth of technology, cybercrime and female victimisation is on the rise and it poses a significant threat to the protection of an individual as a whole. With this rising cybercrime problem in cyberspace, the solitude and individual security of the user are in danger.[iv] Cyberspace was a gift to human civilization. The Internet has linked individuals around the world.

· A new arena for interacting has been formed by social networking websites.
· Regardless of every distinction, women in society are rejoicing to the fullest with this emancipation.
· It has made the life of Indian women simple, from online shopping to net banking, from e-ticketing to e-tax filling.[v]
· The Internet serves as a boon, but on the other hand, due to increasing cybercrime in the virtual world, it has made women's lives vulnerable.
· India is mainly an ancestral & conventional country, plus women who are victimised are held responsible and there is no exemption for online victims.


In general, a virus hoax occurs as an e-mail message that identifies a specific virus that does not actually exist. These words of warning are meant to build fright to computer users. The warning is e-mailed by the writer or writers and holds an appeal for the person who reads to forward it to others. The message then spreads like a chain letter, circulating across the Internet as it is received by individuals and then forwarded unknowingly. The "Good Times" virus hoax, for instance, was published in 1994 and since then has circled the world several times. Instead of performing it, it is often advisable to ignore or delete such hoax viruses.


The punishments for these offences include fines, incarceration up to two years or both. In India, cybercrime against women is at a shocking phase, and it may cause a key risk to the safety of an entity as an intact. The phrase "cybercrime against women" in India involves sexual offences and online sexual harassment. India is known as one of the few countries that have implemented the Information Technology Act, 2000 to fight cybercrime. The industrial and monetary offences that are apparent from the preface of the IT Act are broadly described by this Act.

· Section 67 “deals with publishing or transmitting obscene materials in electronic form. This section in It Act, 2000 was later widened as per the Information Technology Amendment Act, 2008 in which child pornography and retention of records by intermediaries were all included. This section is of historical importance since the landmark judgment [vi]in what is considered to be the first-ever conviction under IT Act, 2000 in India. The strength of this section and the reliability of electronic evidence were proved by the prosecution and conviction was brought about in this case, involving sending an obscene message in the name of married women amounting to cyber stalking, email spoofing and the criminal activity stated in this section.

· Section 67A & Section 67B insert penal provisions in respect of offences of publishing or transmitting material containing sexually explicit act and child pornography in electronic form.
· Section 67C deals with obligations of an intermediary to preserve and retain such information as may be specified for such duration and in such manner and format as the central government may prescribe.[vii]


· Owing to the allied dishonour and predisposition of parents/guardians not to involve the police in such matters, cyber abuse of women and children and related cyber crimes remain tremendously under-reported.

· Perpetrators know their sufferers well or they are associated with them. Women are typically unacquainted regarding privacy guidelines and security instructions for using social media sites. Women are less skillful in using technology.[viii]

· It is important to simplify the process of documenting such “cyber crimes against women and” protect the privacy of the women and children involved in order to ensure that such crimes do not go unreported. Cybercrime investigations aiming at women and children need to be streamlined and improved.


· The escalating figure of crimes touching women is major distress for every state, but cybercrimes makes it much more difficult as criminals have the capability to build false identities and then play a part in illegal works. To respond to this administration “should make stricter laws to apply on the Internet Service Providers (ISP), as they alone have the” whole documentation “of all the data being accessed by” anybody surfing on the net.

· For cyber cafes, legislation need to make stricter regulation which should keep a database of their customers who used their internet services, because many individuals go to cyber cafes to engage in unlawful action so that in any possible enquiry their own IP addresses are not exposed. This is another way in which individuality is concealed.

· “People need to be cautious over which parts of their daily lives are being recorded by cameras & should act modestly in such times. Awareness over a cyber background and its drawbacks also need to be improved amongst people.”


“The core cybercrime issue lies in the modus operandi and the cyber criminal's diligence. The police, judiciary and the investigating agencies need to keep abreast of the latest advances in web-based applications so that they can simply trace the actual doer. In India, cyber crimes against women are still taken lightly, mainly because the respect for women in our modern culture, in general, is declining, and a lot of people are also not able to come to grasp the fact that even sharing someone’s picture online is a crime. In our general traditions, cybercrimes such as morphing and e-mail spoofing do not have moral support and are therefore taken lightly.

They must learn not to intervene with the personal lives of others, and it is also essential to enhance respect for women in the general public. Therefore, in order to tackle cybercrime against women in India, there is a need not only for stricter penal developments but also for a shift in the education system. Such reform does not come from within a single block of society, but individuals, administrations and various other bodies need to work together to bring such changes.”

RBI Regulatory Framework[1]

RBI has always come up with a regulatory framework in the past, in order to keep up with the dynamic market as the NBFC sector has evolved in terms of size, operations, technological and sophistication. Since 2006, RBI has introduced differential regulation linked to size, in a limited manner. RBI, to re-examine the suitability of the regulatory approach, there is a need for re-orientation. Within the universe of systematically important NBFCs, an additional identifier has been placed at ₹ 5000 crores. Within which additional regulations are made applicable to large NBFCs, as, disenthralled growth out of the liberal regulatory framework, within an interconnected financial system can lead to systematic risk. Failure in large and deeply interconnected NBFCs can lead to shocks rippling to the financial sector including small and mid-sized NBFCs.

Using the principle of proportionality, which expounds that degree of regulation of a financial entity should be commensurate with the perception of risk the entity poses to the financial system, the scale of its operation. Inspired by the
1. G-SIBs, developed by BCBS
2. G-SIIs, developed by IAIS
3. NBNI G-SIFIs, developed jointly by FSB and IOSCA
3 triggers are used for triggering the rule of proportionality:

1. Comprehensive Risk perception: When NBFC crosses a threshold for identified parameters (size, leverage, interconnectedness, complexity, and supervisory inputs), it is subject to proportionately higher regulations.
2. Size of operations: If the balance sheet of an NBFC exceeds a threshold, it can be regulated on a higher pedestal.
3. The activity of NBFC: Certain NBFCs are unlikely to pose risk, hence can be regulated lightly. Type 1 NBFCs, do not have access to public funds and customer interface, as they function from their funds, thus their risk posing ability is low. Also, NBFC P2P lending platforms, NBFC – AA, and NOFHC (Bank Holding Company), do not pose any risk to credit intermediation. There are some NBFCs such as NBFC-HFC, IFC, IDF SPD, and CIC, which have some impact on the systematic domain.

Scale Based Framework

A regulatory framework to solve the above problems and to address them efficiently in the dynamic market ecosystem, based on proportionality can be introduced. The framework, if visualized graphically or pictographically, can be visualized as a pyramid.

NBFC – BL (The Bottom / Base Layer)

This layer would have the least regulatory intervention. The layer would consist of about 9,209 NBFCs, currently classified as non-systematically important NBFCs (NBFC-ND), NBFC-P2P lending platforms (Peer to Peer), NBFC-AA (Account Aggregators), NOFHC (Non-Operative Financial Holding Company), and Type 1 NBFCs up to Rs 1000 Crores asset size. With the objective of strengthening the entry-level norms, based on the increase in prices, real GDP, and regulatory judgment, the entry point norms will be revised from ₹ 2 Crore to ₹ 20 Crores. The extant NPA ( Non-Performing Assets) classification norm will be harmonized which was earlier of 180 days would be now of 90 days as business cycle aspects of NBFC clients often demand relaxed norms because their cash flows are uniquely different and longer in frequency.

The Mid Layer

The regulatory regime would be stricter than the previous one. Adverse Regulatory arbitrage vis-à-vis banks can be addressed for NBFCs, with the objective to reduce systematic risk spill-overs.

This layer would contain NBFCs currently classified as systematically important NBFCs (NBFC-ND-SI), deposit-taking NBFCs (NBFC-D), HFCs (Housing Finance Companies), IFCs (Infrastructure Finance Companies), IDFs (Infrastructure Debt Funds), SPDs (Standalone Primary Dealers), and CICs (Core Investment Companies). The linkage of their exposure limits is to be changed from Owned funds to Tier I capital, which is currently applicable to banks. The extant credit concentration limits prescribed for NBFC ML for their lending and investment can be merged into one exposure limit which is 25% for a single borrower and 40% for a group of borrowers.

IPO Financing

Emphasizing that Initial Public Offer financing by NBFCs has come under critical observation, for the reason of their abuse of the system. The paper has proposed to fix a ceiling of ₹ 1 crore per individual for any NBFC. Sub limit within commercial real estate exposure ceiling should be fixed internally for financing the land acquisition.

Lending Restrictions

The restriction put can be not allowing the companies to take loans and to provide them with the same for buying back of shares / Securities. NBFCs with ten and more branches shall mandatorily be required to adopt Core Banking Solution. A uniform tenure of three consecutive years will be applicable for statutory auditors of the NBFC. Compensation guidelines for NBFCs along the lines of banks can be considered to address issues arising out of excessive risk-taking caused by misaligned compensation packages. The disclosures which are applicable to the banks would be used for NBFCs which would increase transparency and understanding of the entity.

The Upper Layer

This Layer would contain the NBFCs which have a huge potential of systematic spill-over of risks and they have the ability to change and influence the financial stability. The regulations in this layer would be Bank-like.

The Identification of the upper layer NBFCs

In order to include an NBFC and to be recognized as NBFC-UL, a two-phase parametric analysis, quantitative and qualitative / Supervisory inputs would be carried out. The quantitative parameters will have 70% weightage and qualitative parameters / supervisory inputs will be having 30%.

The Quantitative Parameter (70%) would be:
1. Size and Leverage | 30 Parameter Weights (PW)
2. Interconnectedness | 25 PW
3. Complexity | 10 PW
4. Nature and Type of Liabilities | 10 PW
5. Group Structure | 10 PW
6. Segment Penetration | 10 PW

Capital Regulations under the framework of NBFC UL

Capital Requirements: CET (Common Entity Tier) 1 capital could be introduced for NBFC – UL with the objective of enhancing the quality of the working capital. CET 1 may be prescribed at 9 percent within the Tier 1 capital.

Standard Asset Provisioning: In order to tune the regulatory framework for NBFC UL to greater sensitivity, NBFC should be prescribed differential standard asset provisioning on banks’ lines.
The regulatory tools can be calibrated on the lines of Private banks, which means that NBFCs should be subject to the mandatory listing requirement and should follow consequent Listing Obligations and Disclosure Requirements.

NBFCs have seen phenomenal growth, from 12% on the balance sheets of the banks to more than a quarter of the size of banks. This will also impact fintech players who collaborate / partner with NBFCs. NBFCs could have stronger vigilance over their partners and service providers. The guidelines will provide more confidence to potential investors of the ecosystem. They are expected to improve the funding conditions of the sector by strengthening risk controls and frameworks and preserving the Non-Banking Financial Institutions. The resilience to credit shocks would increase and be conditioned in the companies.

[1] Discussion paper on Revised Regulatory Framework- a Scale Based Approach (
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Author: Saptak Pandya


No doubt, human trafficking is an offspring of the slave trade that was practiced some years ago. This practice has been in existence for quite a long time now and now that there’s a current battle that almost everyone is dealing with, the cases of human trafficking have increased. The situation has just been worsened now because of COVID 19. The ongoing pandemic has left the masses vulnerable since it has cost people their jobs, families, and their mental health too. 

The oppressor having observed this has often disguised the disadvantaged humans and as a result, many people have been trafficked and are still being transported illegally just to satisfy the needs and requirements of their masters. The COVID 19 pandemic has marked a period of grave losses, suffering, and recurring poverty. In the search for greener pastures and better living conditions, humans end up falling into the trap of human trafficking. They are promised jobs and improved standards of living and they end up giving in without knowing what lies ahead of them. Human trafficking is a trick used by fraudsters whereby they unlawfully transport people with a motive of benefitting from their services be it sexual exploitation or forced workforce and labor.

Humans are easily manipulated in this era where jobs, scholarships, and everything else required are available at the tip of the mouse. The perpetrator is maximizing these online platforms and this is how people are being trafficked. Human trafficking amidst the COVID 19 era contributes to the death of such victims. When these victims are being transported, they are often taken to overcrowded rooms where no social distancing is practiced. The moment such victims come to terms with reality, it will often be too late for them to retreat and return back to their home countries. Victims of COVID 19 have often succumbed to the virus and because they are hardly insured medically, death’s cold finger ends up touching their feeble mortal clay. of late, women and children used to be the most vulnerable groups but now that everyone is struggling to make ends meet, men are no exception to the same and are also immensely affected. To the survivors, their daily schedules remain the same and have to be executed by them. Human trafficking which has often reached its zenith as a result of the consequences imposed by the virus causes mental and psychological trauma to those being trafficked. What they thought would be a relief to them will just prove to be a multiplication of their sorrows and agonies and now that the love of men is constantly growing cold, it implies that humans will continue living under the banner of human trafficking as long as COVID 19 remains a reality.

With many of the physical classes being suspended because of COVID 19, children are also being targeted for human trafficking. There are now more chances of them being lured into human trafficking and this is why most of them have gone missing. These children end up not being occupied and that is when they fall victim to human trafficking where they can be occupied in some way. Sadly, these children are being ushered into forced sex and labor at such tender ages and they end up contracting sexually-transmitted diseases. Every other person is at a greater risk of being trafficked as the use of media and technology is increasing now that people are spending most of their time indoors in accordance with the COVID 19 regulations. In some other countries where almost all the businesses have closed down, foreigners become the main targets of human trafficking as they are more desperate when such uncertainties befall them in foreign lands.

Since most of the organizations are operating from home, it has made the victims of human trafficking suffer when trying to reach out to the anti-human trafficking agencies for help so much that even if one manages to escape from such modern-day slavery, they end up getting stuck along the way as offices in the nearby town may be closed down. Sadly, most organizations are not in a position to salvage the victims of human trafficking because of this pandemic. At the end of the day, one is forced to return back to their master and continue offering their services without getting any wage for that. Due to COVID 19, various economies are taking a toll and because of this, the victims of human trafficking might end up being physically assaulted or even molested by perpetrators as they will not be able to perform their day-to-day tasks efficiently.

Due to the economic tolls experienced as a result of COVID 19, countries have limited funds and top priority is given to other sectors of the economy of which human trafficking is not part. The expenditures of most countries have been adjusted and this is likely to continue along as COVID 19 is to stay. As a result, some of the victims end up being sold in exchange for basic commodities and wherever they go, they still have to live as slaves.

As the pandemic is rendering many jobless and homeless, the leeway for human trafficking has been laid. The victims are much more susceptible to hunger, death, a greater risk of contracting the virus due to the impacts that COVID 19 has made on almost all sectors of the economy essential for human development. Indeed, the imprints that COVID 19 has left on the human race, human trafficking is one of them, have proved to be far beyond human comprehension and control but what lies within the borders of humanity ought to be dealt away with. The masses still need some awareness on how they can fall victim to human trafficking due to the advancement in technology. One can be of the view that several laws have been put in place but still, people fall prey to human trafficking at the end of the day but the truth of the matter is that the citizens too ought to take some precautions and preventive measures to save themselves from such acts.
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 In the present scenario, the world is corrupted by pollution and a toxic amount of material, so everyone wants to live free of all the toxic things. In the other words, Going Green is the current new mantra where protecting nature is a priority. Living eco-friendly doesn’t only mean to re-use, recycle and reduce waste disposal in their lives, it also means that the person needs to be open to change, have the willingness to make new choices, and a positive attitude towards the environment.

 While adopting an Eco-friendly lifestyle, it is important to take care of the basic principles of life. Even the chapter on fundamental duties of the Indian Constitution imposes a duty on every citizen to protect the environment. In addition, under article 21 of the constitution Right to the environment is recognized as a fundamental right without which development of an individual and realization of his or her full potential shall not be possible. So, as a way of living an eco-friendly life, it brings new consciousness and responsibility and becoming more conscious of the impact of our actions on others and the planet’s ecosystem.


Environment and life are interrelated. The existence of life on earth depends upon the harmonious relationship between ecosystem and environment. The Environment (Protection) Act, 1986 defines environment as “environment includes water, air and land and the interrelationship which exists among and between air, water and land, and human beings, other living creatures, plants, micro-organism, and property”. Given the close interdependence of humans and the environment, in India alone, 70% of the population directly depends on land-based occupations, forests, and wetlands, for basic subsistence requirements concerning water, food, housing, and medicine as for ecological livelihoods and cultural sustenance. As per Article 51-A (g), “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures.”. So, it is important for us as human beings to recognize our dependence on the earth’s natural resources and as a result protect the environment in every best possible way one can. And for a person, one of the most effective and efficient ways is to be eco-friendly.


In recent times, the term ‘Eco-Friendly’ is used so often that it can hard to understand the importance of an eco-friendly lifestyle and there’s a greater risk of being misled by the companies claiming to be conscious of the environment. Unfortunately, there is no regulation on the use of the term, which restricts its credibility. Living an eco-friendly lifestyle ensures that you lead a healthier life. Moreover, it helps in re-examining your choices and brings more awareness to your life and provides feedback to live more aligned with your values and needs. An eco-friendly living is, obviously, beneficial for the earth but besides that, it will guide an individual's decision-making process and will have some surprising benefits for him/her too.


An eco-friendly lifestyle means living a life that is environmentally friendly where everyone works toward protecting and conserving nature and polluting less while reducing the carbon footprint. By this, you all might be wondering that living an eco-friendly life is very difficult and hard to follow. But to be eco-friendly all that a person needs to do is to be conscious about the environment and use the natural resources carefully. An eco-friendly person can also relate himself to the word ‘sustainable’ and ‘sustainability’. It is generally referred to as the practice of making sure we don’t deplete the natural resources while maintaining a prospering economy for future generations. So, it is clear to see that being eco-friendly is much more than making a few informed purchase decisions. It is a positive step towards living more authentically and on our own terms.


In our constitution, the status of environmental protection has not only raised to the fundamental law of the land but also in recent past it is corresponded with human rights and is now accepted as a well-established fact that it is the basic human right to every citizen of India. Article 21 of the constitution imposes a duty on individuals to protect the environment in order to provide each and every human a clean environment and a life with dignity and harmony. In other words, article 21 provides for the fundamental right of life as it states that ‘no person shall be deprived of his right to life or personal liberty except in accordance with procedures established by law’. Article 21 has received liberal interpretation from time to time after the decision of the Supreme Court in Maneka Gandhi vs. Union of India, (AIR 1978 SC 597) for example, in L.K Koolwal v. State of Rajasthan and Ors, Rajasthan High Court held that maintaining the quality of the environment, sanitation and health is covered under the purview of Article 21 of the Constitution. Moreover, In Charan Lal Sahu v. Union of India, it was held that it is the duty of the state to take adequate and effective steps for the enforcement and protection of Constitutional rights guaranteed under Article 21, 48-A, and 51-A(g). Such wide interpretations of Article 21 and other provisions over the years have become the bedrock of environmental jurisprudence and served the cause of protection of India's environment.


Since time immemorial, the world has evolved into a global village where pollution, disaster, and diseases have spread to a maximum range. These issues have grown to a much greater extent however the concept of eco-friendly or going eco-friendly has progressed. Going green is an excellent way of contributing to the environmental conversation. Natural resources such as air, water, and land are fundamental to all life forms: they are much more than money and economic infrastructure, the base of our survival. As an exploiter of mother nature, we owe a responsibility to earth to protect its environment from disastrous events. Therefore, it is very important to live an eco-friendly lifestyle and educate others about the same. Furthermore, there is an urgent need to address the fact that those who pollute or destroy the natural environment are just to committing a crime against nature, but are violating human rights as well and formulate the relating to that.

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Author: Vibhor Jain, Government Law College, Mumbai 


If you are a Game of Thrones fan you surely known this quote “We are the protector of the realm”. In the judiciary, the lawyers take the mantle of being the protector. Yes, being a first-generation lawyer is different from what we see on TVs, serials, or movies. 
The journey of a young lawyer is pretty tough and is truly extreme, particularly for individuals who don't have a guardian in the law. The field of law is a closed circle, surrounded by its exclusive guidelines and customs which are new to an outsider. Proposals and references can take an individual to places that are generally difficult to reach. In this field there is NEPOTISM. Well, of course, this has nothing to do with India or lawyers or any industry. If you're a lawyer and your child needs one, then you are the guide since birth, It's just common sense. Numerous students who come from legal backgrounds families may get an easy head-start since they have family cash and relatives. It's additionally important that coming from a legal background family is fine and dandy, yet if an individual wants to be a lawyer themselves, and, having a legal background is no assurance to better future. It depends on the skills and knowledge that you have gained from your family. If we talk about the head start yes, having a family background is very beneficial because the ideas, translation, utilization of laws is now in every law school is instructed in the class but the practical knowledge that you gain may be different. Coming from a legal background ordinarily helps in acquiring traction while rehearsing at courts. Showing off or bragging about who your parents and how big their names are in the circle will not help.
Entering the legal profession is energizing and alarming. It is a vocation way that can be both fulfilling and disappointing. While you won't ever dispense with all expected wellsprings of stress and disappointment, there are numerous ways and strategies you can use to make your work life less difficult. Attempt to take these apparatuses and form them to accommodate your life and as impetuses to grow new instruments that work for you. Be that as it may, recall, there are times when you will feel idiotic. Those moments will pass.

Individuals generally frustrated with law school and those who choose to turn into a lawyer depend on cherishing legal TV shows. The second most frustrating thing is that individuals who accept they will be contending under the steady gaze of the Supreme Court to save the world from their favored type of foul play within three weeks of getting through the lawyer's exam.

The struggle which a first-generation lawyer may face can be of various types.

While beginning as a young lawyer, you have no customers, no office, no cash, and no validity in the court. The entirety of this is accessible before beginning your career if your family has a current practice.
Needless to state, when you start your practice, there will be next to zero cash. This doesn't mean there won't be any inflow of cash however the costs will be more than the pay.
To work well as a new lawyer, you need a couple of essential things, for example, an office (it can also be small) a little library and legal database, a law agent and a couple of machines, for example, a PC, a printer and a scanner and so forth There must be an orderly strategy actualized to deal with bills and records. This requires cash, cash which you are yet to acquire from that training.

Since you can't promote in India as a promoter, you rely upon your fame and individuals to spread your name as a legal advisor who is acceptable at his work and individuals should move toward him.
Talking about the pros and cons of being a lawyer. It is quite a bit of both. It also depends on where and what you practice, but here are my experiences: 


- Lawyers are or can be, involved in almost every aspect of life with respect to their work. There’s a whole diversity of work available to you if you’re a lawyer. There's an entire variety of work accessible to you in case you're a lawyer. Additionally, for many lawyers, there’s no end to the possibility of career progression opportunities. Having a law degree most likely won't guarantee immediate success or a huge remuneration in the first place but you will see good rewards in coming years.
- Further, being a lawyer provides for continual intellectual challenge. That certainly cannot be said for most careers. Lawyers regularly have to spend time exploring and dissecting the new laws to address their clients in the most and best professional way.
- It’s among the most respected occupations. It’s not all about a high profile, though. There’s a whole lot of criticism “thrown” at lawyers. And it’s hardly any surprise, given the extremely high pricing they charge for work that takes but a short amount of time.


- There are more law and non-law graduates entering into the law profession each year than there are positions available to them. For many law-related jobs, just to make it to the interview stage means you must have not only an excellent academic record but also some valid hands-on work experience behind you.
- A lawyer’s working hours will vary a lot depending on their area of practice, their location, and also on the size of their firm. As an example, a lawyer that specializes in corporate law in a large city firm is going to work considerably longer hours than a lawyer that is employed by a small, local conveyancing firm.
I am the first in my family who is graduating from law school, by my knowledge, What I have seen in court during internships and working with lawyers is that the struggle is real for the first-generation lawyer. From that position of knowing what I have seen, here is my advice:
1. Be available to criticism, take it, and use it.
2. Right translation of law and reasonable relevance of speculations. Books help a bit however except if you approach a senior to help you essentially, you may go anyplace while challenging a case. Becoming a lawyer is the most effortless among all the callings in India and the economy as well. There are advocates all around. On such occasions acquiring customers is the greatest test.
3. You must be good at drafting. There is a ton to drafting that one should learn but there will be a great deal left to be educated. Nonetheless, what you should realize before turning into a young lawyer is finding out about the text size, paper type, dispersing, and edges associated with the entries under the steady gaze of various courts. Also, it is essential to gain proficiency with the format of the primary page.
4. Be professional at work, your lifestyle has to be attractive. Clients attract and have fate only to those who are professional and have a professional lifestyle.
5. Don’t say ‘NO’. If you are new, never let your client go.

This profession demand lot of patience and a lot of reading of a legal text or non-legal text. It is important for an individual to keep doing good work at the chambers of a Senior or while representing his/her own clients. So, the life of a young lawyer is challenging but rewarding. It is intense and not every person who enters makes an imprint but rather it is the center quintessence of law. It happens to all the lawyers from a legal background as well. If having the right attitude and aptitude and sky is the limit. In the end, be ready for a rollercoaster ride and hang in there.
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Author: Ankita Nandi


In the last few years, disputes related to property, land, and rent-related to those respective properties have increased progressively. It is a general estimated statistics report which states that approximately 7.7 million population in India is stuck in a conflict situation over 2.5 million hectares of land area. Such situations of conflict are affecting and largely threatening the economy of the country as investments are worth more than Rs. 14 lac crore.

The filing of suits for land dispute cases takes a lot of time as there is the filing of eviction notice or ejectment notice and processing through the trials. In India, land occupies a central place for the development of the country and which is the reason that finding a solution to such disputes which are civil in nature is of utmost importance.

In the Supreme Court of India, the suits filed for land disputes rank 1st in the set of cases filed in the Indian Courts. The suits related to land disputes account for 25% of the total number of cases decided by our honorable Supreme Court every year out of which 30% of the suits are related to the acquisition.

As per the general survey report, approximately 66% of the civil suits filed in Courts are related to land, or rent, or property disputes in India. Further, the report states that the average pendency of a case that is related to land, or property, or rent from its creation to its resolution by the honorable Supreme Court of India is 20 years.

Meaning and Definitions

The terminology suit refers to the attempt to gain an end by a legal process which is a process instituted in a court of law for the recovery of a right or claim.
The terminology eviction here means to expel or force one or more people from their property to move out. In the general sense, the term ejectment refers to casting out but in the legal sense, it is a legal process of compelling or throwing, or removing someone from their property or holdings.

The terminology property can be defined as movable, immovable, tangible, intangible, or any other thing which is owned by an individual or a group of persons who have their interest or right in such properties.
The terminology rent is a payment made by a tenant at intervals in order to occupy a property.
An agreement is a legally binding contract that contains certain terms and conditions that are enforceable in a court of law.

In general terms, a tenant is the one who pays a fee which is the rent in return for the use of land, building, or other property owned by others. In the legal language, a tenant is the one who holds property by any kind of right, including ownership.
A landlord is a person who owns and rents land such as a house, apartment, or condo, etc.

Civil law is the body of law dealing with the private relations between members of a community. It contrasts with criminal law, military law, and ecclesiastical law.

Difference between a suit for eviction and a suit for ejectment

Perspective under Indian or International scenario

Under Indian law, a suit for eviction and a suit for ejectment is maintainable under the Transfer of Property Act, 1882. However, states have the power to make their own laws relating to rent, and many Indian states such as Bihar and Mumbai have their own state laws relating to rent. Thus, those states conform to the statutes without violating any provision of the central legislation.

Under International law, many countries such as Floria, Miami, Georgia, etc. follow the same concept as the Indian Courts and they also have written provisions in their respective legislation and statutes.
Summary of leading cases

Tribhuvan Shankar v. Amrutlal (2013) (CIVIL APPEAL NO. 10316 OF 2013) (India)

In this case, the plaintiff filed a civil suit in the District Court of Indore, Madhya Pradesh against the defendant for eviction of the suit premises. This case was re-appealed in the High Court.

The Court held that there is a clear difference between the suit for eviction and suit for possession, as the suit for eviction is based on the relationship of the landlord and the tenant. Further, once the landlord-tenant relationship is unproven there can be no decree for eviction.

Munisami Naidu v. C. Ranganathan (AIR 1991 SC 492) (India)

In this case, it was held that if the tenant states that he was unaware of the fact that who was the landlord does not take away the title of the actual landlord of that property. The Court further held no decree for eviction can be filed as there remains no landlord-tenant relationship.

Bhagwan Dass v. L. Pyare Lal (AIR 1955 All 197) (India)

In this case, it was held, that it is necessary to take the permission of the District Magistrate for the eviction of a tenant from a premise as it is to be one of the grounds that have to be mentioned in Section 3 of the Transfer of Property Act, 1882 and therefore, though, by a notice under Section 106 of the Transfer of Property Act, 1882 read with Section 111 of the Transfer of Property Act, 1882 a lease may be terminated but the tenant is not liable to ejectment as one of the conditions i.e., the permission of the District Magistrate having not been obtained he would not be liable to ejectment.

B. Valsala v. Sundram Nadar Bhaskaran (AIR 1994 Ker 164) (India)

In this case, it was held that an individual who is a co-owner can maintain a suit on his own in case of ejectment of a trespasser or a tenant at sufferance.

Jagdish Chandra Ghose and others v. Basant Kumar Bose and another (AIR 1963 Pat 308) (India)

In this case, the Court held that the suit was rightly filed for eviction and not for ejectment or mandatory injunction of defendants from the premises.

Sisir Kumar Dutta v. Susil Kumar Dutta (AIR 1961 Cal 229) (India)

In this case, it was held that whenever a suit is filed for possession against a licensee which is either on the grounds of revocation or termination then the suit is for the eviction of the trespasser.

Janki Prasad Hanuman Prasad vs Pt. Harish Chandra Tewari And Another (AIR 1960 All 211) (India)

In this case, it was held that it is necessary to take the permission of the District Magistrate for the eviction of a tenant from a premise as it is to be one of the grounds that have to be mentioned under Section 3 of the Transfer of Property Act, 1882 and by a notice under Section 106 of the Transfer of Property Act, 1882 read with Section 111 of the Transfer of Property Act, 1882 a lease may be terminated but the tenant is not liable to ejectment as one of the conditions i.e., the permission of the District Magistrate having not been obtained he would not be liable to ejectment.


Hence, there is a very basic but clear line of difference between a suit for eviction and a suit for ejectment. To understand this difference and to apply it while initiating a suit is of utmost importance.

Author: Sneha Mahawar, Ramaiah Institute of Legal Studies.


Richard Colley Wellesley, Marquez Wellesley, member of British privy council and a commissioner of the India Board of Control. In May 1798, he arrived in India and succeed Sir John shore as a Governor-General. Wellesley remains the Governor-General from (1798 to 1805). 

He called himself ‘Sheer-e-Bengal[1]’ of India. Wellesley always believes in the war he followed the policy of expansion an extended the British territory through the so-called policy Subsidiary Alliance. For this, he used military force and diplomacy to strengthen and expand British territory as he came with the mindset of converting India into an empire of Britain. Another aim which was ancillary to his main objective was the removal of French influence from India.2 Wellesley introduced certain major judicial reforms to improve the administration of justice.

1. Subsidiary alliance

The subsidiary alliance was known as “Non-intervention policy”[2] this controversial policy, the subsidiary alliance was a treaty between the East India Company and the local Indian Rulers to strengthen the British Empire in India. In return a payment or subsidy the company would give the Garrison troops in that ruler’s territory to fight against their enemies, in the simple meaning, it means military help. For example- If a King is facing a problem in his Kingdom or facing some external threat, then he will ask for military help and some other King will offer him the help by giving the army to protect the borders. The pioneer of this system or the brainchild behind this policy is given by the French governor ‘Duplex’. When he rented his army to Hyderabad away back in 1740 Lord Wellesley made some changes in this policy and he used it extends extensively to expand his army across India. He signed the treaty with many other local rulers either voluntary or forcefully.

Key principles of the subsidiary alliance were[3]:

Ø The Indian rulers would accept British forces in their territory and also pay their cost of maintenance.
Ø The ruler will accept a British residence in his state.
Ø The ruler would accept a British would not enter into any further alliance or war with any power.
Ø The ruler would not employ any other European than British.

The benefit for the British was whomsoever signing this treaty the entire expense of this British Army will be taken care of by the local army. So, without having any burden on their exchequer they were able to maintain huge army across India and if any problem is there in that area, then they can simply mobilize this army and can solve the issue.Wellesley beautifully crafted this policy. Some state who signed the treaty were The Nizam of Hyderabad 1790, The State of Mysore 1799, Awadh 1801, Peshwa 1802.

2. Impact of subsidiary alliance on Indian rulers

The Nizam of Hyderabad by signing this treaty lost an Indian state virtually its independence. It caused the right of self-defence of maintaining diplomatic relation of employing Foreign Relations.[4] In fact, the Indian ruler lost all vestiges of sovereignty and its external matters and became increasingly subservient to the British resident who inferred in the administration of the state from day today. This treaty leads to the disbandment of the armies of protected state. Lakhs of army officers and soldiers are deprived of their hereditary livelihoods, spreading misery and degradation in the country. It was very disastrous to the Indian state.

Advantages of the subsidiary alliance to British:

Ø British could maintain a large army at the cost of the Indian states.
Ø They were able to fight a big war far away from their own territories.
Ø They controlled the defence and foreign relation of the protected ally.
It was well said by one British writer that ‘Subsidiary alliance is a system of fattening allies as we fatten oxen, till they were worthy of being devoured.[5]

3. The 4th Anglo Mysore War, 1799

The 4th Anglo Mysore war combines both the foreign and domestic threat to British control in India.[6] The 4th Anglo Mysore war was a final confrontation between British East India Company and King of Mysore. Tipu Sultan asks to ascended the throne of Mysore in 1782 after the death of his father Haider-Ali. In 1796 the ruler of Woodyard dynasty died. Tipu refused to place Woodyard minor child on the throne and declared himself as Sultan. He was known as ‘Tiger of Mysore’. People started growing friendship with French which become a matter of concern for the British. In March 1799, British attacked Tipu sultan, conquered Sedasir and Malvedis. Charges were made against people which mentioned that he was plotting against British, Martha, Nizam by taking support from Arabia, Afghanistan, Kabul, France and Versailles. The war began on 17th April 1799 and ended on May 1799. Tipu was also defeated by General Stuart and General Harris. Tipu was the main reason for war with East India company because he is against the policy of the subsidiary alliance. ‘Isle-de-France’, Anne Josephson in January 1798.[7] In history, Tipu's death defines as ‘An Honourable Death than a Dis-honourable Pact.’

4. The Censorship Act, 1799

The growth of press and journalism formed an important background for the rise of a new consciousness during the modern period. [8] During the 19 century, a large number of newspapers in the local language also started. James August Hickey published the first newspaper in the Indian name ‘Bengal Gadget’ in 1780 followed by Calcutta Chronicle 1786, Madras courier 1788. In 1799 Lord Wellesley bought the Censorship of Press Act.[9] Lord Wellesley thought the idea was to stop the French from publishing anything which could harm the British in any way. This act bought all the newspaper lender under government scrutiny. Lord Metcalf a then Governor-General 1835-36 known as the Liberator of the Indian press[10] he repealed the licencing regulation of 1823. During his tenure printing press grew rapidly the new Metcalfe Act 1835 required the publisher to follow a registration procedure and give a precise account of the premise of publication.

5. Fort William college

Fort William College was the learning centre of many languages.[11] It was founded on 10th July 1800 in Kolkata, British India and established by Lord Wellesley. The founder of Fort William college is the 1st Marque's Wellesley and Richard Wellesley. Many books have been translated into Bengali, Hindi, Sanskrit, Arabic, Persian and Urdu languages. This is to train the civil servants of British India. But the Court of Director of the British India company was never in support of Training College in Calcutta. Fort William College located at Strand Road, Fort William Hastings, Kolkata. Ever before Wellesley decided to establish Fort William College in 1800 there was sporadic attempt to transform the arrogant and greedy company servants into responsible civil servant familiar with the language and custom of people he administered.[12]

6. Separation of Judicial Function from Executive

Lord Wellesley was against the concentration of judicial, legislative and executive power in the Governor-General in Council. In a dispatch to the court of director on date 9th July 1800, Governor-General Lord Wellesley forcefully marshalled the argument in favour separating the Sadar Adalat and from the government. He rightly stated therein: “A conscientious discharge of the duties of the Sadar Diwani Adalat and Nizamat Adalat would of itself occupied the whole time of the Governor-General in council the proper duty of this court is not confined to the determination of the costs which are brought before them. It is also the duty to superintend the conduct of all other causes to watch over the general policy of the country and to frame for the concentration of Governor-General in council, new laws as cases may arise demanding for further legislative provision... It is physically impossible that the Governor-General in council can ever dedicate that time and attention to the duties of this court, which must necessarily be required for their due discharge. It is impossible to have the benefit of a regular and systematic government without numerous laws and the further due administration of those laws, the necessary establishment would be provided.”

[1] Dr. Shanthi Jubilee & Tmt S.K. Rajeshwari, TAMILNADU BOARD HISTORY- CLASS XII 24(1st ed. 2007). 2 Mahesh Shantaram, Wellesley: Aims, Policy and Estimate, HISTORY DISCUSSION (Jan. 5, 2021, 8:55 P.M.)
[2] Shakeel Anwar, Key points on Subsidiary Alliance, Jagran Josh (Jan. 6, 2021, 12:43 P.M.)
[3] Our Pasts- III Part- 2, History, NCERT, Class- VIII; See at:
[4] See at:
[5] Prem Prabhat, Subsidiary Alliance of Lord Wellesley: Impact on Indian States; See at: Lord%20Wellesley.pdf.
[6] Ryan Campbell, 15 Richard Wellesley and Fourth Anglo Mysore War (2019); See at: 8 Jac Weller, Wellington in India 26-27.
[7] J. Whittle, ‘Original Criticism’ 120.
[8] Social Changes in Modern India, Growth of Press in India 38.
[9] Censorship Act 1799, GK Today (Jan. 8, 2021, 8:56 P.M.)
[10] Rupesh Kumar, History and Indian Press and Censorship, 2 IJAER 425-426 (2017).
[11] Department of Tourism, Government of West Bengal; See at:
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Author: Saksham Khanna


The below case is a detailed analysis of whether or not the word rent includes just the rent of the land or building or the amenities attached with it also the accessories attached to it. ''building', means a residential or non-residential roofed structure and includes:
(i) any lead (including any garden), garages and outhouses, appurtenant to such building;
(ii) any furniture supplied by the landlord for use in such building;
(iii) any fittings and fixtures affixed to such building for the more beneficial enjoyment thereof.'
Keywords: Rent, Building, Land, Amenities, Fittings, and Fixtures.


1. On 1st April 1968- the premise in question was let out to Standard Pharmaceutical Ltd. 24, Park Street, Calcutta.
2. 1st April, 1983- After the lapse of years, rent was increased from Rs. 2,000/- to Rs. 2,500/- and after five years the rent was further increased to Rs. 3,000/- w.e.f. 1st April 1988.
3. On 5th January 1991- The original plaintiff (respondent) landlord by notice after the amended Rent Control Act came into force on 1st December, 1988 gave notice and increased the rent by 10%. Consequently, the rent became Rs. 3.300/- per month up to 31st July 1991.
4. Thereafter, the original respondent (appellant) failed to pay the rent. The respondent filed a petition for eviction before the Rent Controller. The proceedings before the Rent Controller continued. On 14th February 1994, the defendant in terms of Section 6A read with Section 8 of the D.R.C. Act gave the notice to increase the rent further by 10% from Rs. 3,300/- per month to Rs. 3,630/- per month and filed the suit.
5. The appellant disputed the jurisdiction of the Civil Court under Section 50 of the Delhi Rent Control Act and submitted that there was no cause of action, also denied that the rent was ever increased from Rs. 2,000/- to Rs. 3,300/-.
6. Para 1 of Reply of Written Statement
The rent was fixed at Rs. 2,000/- and currently service charges Rs. 1,300/- are being paid in addition to the rent of Rs. 2,000/-. Even if the rent is increased in terms of the provisions of the Delhi Rent Act then the increase will be effective on Rs. 2,000/- (rent part and not on service charges). It is further relevant to mention that in the eviction petition pending before the ARC the appellant herein have not demanded any increase under the provisions of the Delhi Rent Control Act which has been sought to be invoked in the present plaint. The plaintiffs (respondents) herein are regularly receiving rent at the rate of Rs. 2,000/- + Rs. 1,300/- per month as service charges.

Issues Raised

1st Issue- Whether or not there is Condensation of delay?
2nd Issue- Whether or not rent includes the service charge and other attached items?

Petitioner’s Contention

A. The notice which purported to increase the rent by 10% dated 14th February 1994 was received but his contention is that if the rent was only Rs. 2,000/- then, at the most, the rent could be deemed to have raised to Rs. 2,200/- and even then the Civil Court would have no jurisdiction for the matter would still not fall within the jurisdiction Rent Controller for the purpose of eviction, for the application of Rent Control Act would not be excluded as Section 3 provides that it excludes only those premises whose monthly rent exceeds Rs. 3,500/- in terms of Section 3(c) of Delhi Rent Control Act and consequently. The Appellate Court should have condoned the delay of 55 days in filing the appeal for four reasons,
1. the company was based at Calcutta;
2. the delay was explained by the Counsel by filing his own affidavit and
3. there was some confusion between 60 and 90 days for filing the appeal and
4. the Court should have allowed the parties to contest the matter on substantive grounds instead of refusing to hear on the ground of technicality of limitation.

Respondent’s Contention

The delay has not been properly explained and as such, the learned Appellate Court was justified in refusing to entertain this application for condensation of delay and dismissing the appeal. Learned Counsel for the respondent relies upon Banwari Lal v. U.O.I.:[1]in support of his contention that the mistake of Counsel could not be treated to be bona-fide and delay must be explained day by day.

The respondent referred to Pushpa Sen Gupta v. Susma Ghose[2] in the case judgment Karnani (supra) in para 3 Although the expression 'rent' has not been defined, there are indications in the present Act to suggest that the word 'rent' includes not only what is strictly understood as rent, but also payment in respect of amenities or services provided by the landlord under the terms of the tenancy. The Act deals with the fixation and revision of fair rent and Sec 8(3), takes into account furniture if supplied or fittings affixed in the tenement for the use of the tenant, indicating that an agreement between the landlord and the tenant in respect of the other amenities comes within the scope of the Act. 
Similarly, the provisions of Section 34 refer to the maintenance of any essential supply or service including the supply of electricity, and Section 35 deals with emergency measures to be taken in respect of matters including additional services. These provisions give a clear indication that the Act contemplates that a tenancy that carries with it certain amenities to be provided or services to be maintained by the landlord is within the purview of the Act. If the Act is not so interpreted, an assured landlord may successfully circumvent the provisions of the Act by imposing on the tenant onerous conditions with reference to supply of amenities as binding terms of the tenancy.

In the case of Sewa International Fashions v. Smt. Suman Kathpalia and Ors[3] the learned single judge after referring to State v. Babu Rajendra Prasad; Banwarilal Sharma v. Ram Swaroop; Inder Vijay Singh v. NDMC; Karnani Properties Ltd. v. Miss Augustine; Pushpa Sen Gupta v. Susma Ghose; P.L. Kureel Talib Mankab, Vidhan Parishad v. Beni Prasad; Pranab Ganguly v. Shambhazar Land and Estate Pvt. Ltd made following observation,

The petitioner/defendant contested the suit on various grounds including the ground that the suit is barred under the provisions of Section 50 of the Delhi Rent Control Act contending, inter alia, that the rent paid to the respondents/plaintiffs was inclusive of all taxes rates and the charges but, exclusive of maintenance charges and, therefore, the rent of the premises should be computed as Rs. 3,146/- per month which was payable by the petitioner to the respondents and that so computed the Civil Courts shall have no jurisdiction to entertain the said suit in view of the provisions of the Delhi Rent Control Act. In the right of the aforesaid pleadings of the parties, a preliminary issue was framed by the ADJ as to whether the suit is barred by the provisions of Section 50 of the Delhi Rent Control Act. ADJ awarded the suit is not barred under the provisions of Section 50 of the Delhi Rent Control Act.

Opinio Juris

Answer to 1st issue- The Appellate Court allowed the application C.R. No. 68/2001 citing judgment passed by SC in State of Haryana v. Chandra Mani[4] , whereby the SC condoned the delay of nearly 18 years and the desirability to allow the parties to contest on merits.

Answer to 2nd issue- Rent is not defined under DRC Act, whereby SC referred Karnani Properties Ltd v. Augustin[5] where the apex court took the view that if the word ‘rent’ not defined under the act, it must be taken to have been used in its ordinary meaning, where it indicates ‘rent’ is comprehensive enough to include all payments agreed by the tenant to be paid to his landlord for the use and occupation not only of the building and its accessories but also furnishings, electric installations and other amenities agreed between the parties to be provided by and at the cost of the landlord. In our case rent is within the purview of the Act and Rent Controller and other authorities have the same power to control.

In Radha Kishan Sao v. Gopal Modi and Ors[6], in a different context, a similar question was raised where the tenant has to pay the furniture rent in addition to rent but the tenant admittedly deposited the rent excluding the furniture rent as per direction u/d Sec 11(1)(d) u/d Bihar Buildings Lease Rent and Eviction Control Act. SC took view that since Rs. 50/- was determined by RC as fair rent any subsequent agreement for payment of rent at improved rate would not inure to the benefit of the landlord to bring the nonpayment of furniture rent within the jurisdiction of Section 11(1)(d) of the Act to entitle the landlord to a decree for eviction. The Supreme Court observed that it was the default in payment of the rent, that rent fixed by the Rent Controller, which would furnish a ground for eviction under Section 11(1)(d) of the Act. The default of the furniture rent agreed by the defendant subsequent to the lease cannot be brought within the mischief of Section 11(1)(d) to entitle the landlord to a decree for eviction. On the findings of the First Appellate Court, the furniture rent remained divorced from the rent of the building under the original demise. It was also observed by the SC that even if the furniture was returned, the lease for the building in that case would not be affected.
From the above-derived jurisprudence, the court overrules the 1st contention raised by the appellant.

Obitor dicta/ observation of the court

The Appellate Court held that the service for notice under Section 6A read with Section 8 is not being disputed, its impact is required to be seen. If the rate of rent was Rs. 3,300/- p.m. w/r. 1st April 1991, three years expired on 31st March, 1994, the rent could legally be increased w/r 1st April 1994. Since there is no dispute of the receipt of the notice, it has to be held that the rate of rent w/r 1st April 1994 was raised to Rs. 3,630/-. The learned Senior Counsel may have some justification in his submissions that this is not an admitted fact that rent stood increased by service of notice, for there was no such admission in the written statement. However, the court felt that this submission cannot be accepted for even while deciding an application under Order 12 Rule 6 on the basis of a legal proposition, if any irrefutable conclusion based on point of law is arrived at, the Court could and should decide rather must decide, the question and hair-splitting argument should not be accepted. The Court dismissed the appeal and upheld the order passed by the Trial Court allowing the application u/d Order 12 Rule 6.

Ratio Decidendi

It is not possible to accept the proposition that the service charges would not be included in term 'rent'. However, the respondent was justified in submitting that in that case both the things were mentioned in the lease deed itself, while it is not so in the present case for in the lease deed only rent of Rs. 2,000/- was mentioned. Accordingly, for considering the scope of Section 50 of the DRC Act, the charges payable by the petitioner to the respondent as maintenance charges would also fall in the ambit of the expression 'rent'. Thus, in view of the foregoing case-law, it is clear that this Court would start with the assumption that the service charges of Rs. 1,300/- p.m. also form part of the term 'rent' and thus the rate of rent up to 31st March 1994 was Rs. 3,300/- p.m.


Rent includes not only what is originally described as rent in an agreement between a landlord under the agreement between him and the tenant. The payment made towards the maintenance charges of the premises rented out and also for providing amenities to the tenant would also come within the expression 'rent' as rent doesn’t exclude all payments agreed to be paid by the tenant to his landlord for the use and occupation not only of the building but also of furnishing, electric installations, and other amenities.

[1] AIR 1973 Delhi 24
[2] [1990]2SCR564
[3] AIR2000Delhi69
[4] 2002(143)ELT249(SC)
[5] 1957 Supreme Court Reports 20, and in para 28
[6] [1977]2SCR984
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Author: Kaushal P. Modi, GLS Law College Ahmedabad