“The idea of Humanity is no longer confined to man; it is beginning to extend itself to the lower animals, as in the past it has been gradually extended to savages and slaves”Henry S. Salt.


One must have seen people shooting birds, hurting stray dogs and leaving harmless and innocent animals to famishment and demise or seen organizations wrongfully testing their products on animals, animals being abused in zoos, circus or parks for amusement and thought about whether there is an end to this merciless routine. Recurring attacks on animals in an inhumane way only proves the fact that the already difficult to define term humanity seems very difficult to follow as well.

A nationwide atrocity was caused after a pregnant elephant in Kerala died as a result of consuming a fruit-laden with explosive. As per the autopsy, the animal suffered for two weeks before succumbing to death while being pregnant and even in such a state of misery she did not harm or damage any property or attacked any person. It has been referred to as a premeditated murder by some, but for many, it is just a common practice to protect their fields against wild animals, especially boars.

The issue is not whether this alleged incident was a murder or an accident : It is much greater and serious than that. The question is whether these kinds of practices are lawful under Indian law. This is not the first time animals have been treated with cruelty in India.


Amongst various cruelties against animals, the heinous crime of bestiality is increasing at an alarming rate. Under Section 377 of Indian Penal Code, whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The Supreme Court of India delivered a remarkable verdict and decriminalized homosexuality. However, the section that criminalized homosexuality has an important aspect of it. Bestiality refers to sexual intercourse between a person and an animal and it is a crime under Section 377 of the Indian Penal Code. The apex court had upheld that the law will stand on the statute book to deal with unnatural sexual offences against animals such as bestiality. However, most people including the police are unaware or ignorant about this.

There have been many instances of bestiality over the years.  In August 2017, a man was accused of raping a female puppy to death in Delhi. Not only did the accused, Naresh Kumar boast about the incident to an animal lover, he also led him to the carcass. On July 26, 2018, a pregnant goat was reportedly gang-raped by eight men in Haryana. It was allegedly stolen, thrashed and raped by the accused.

It succumbed to the trauma and died. Reportedly, one of the accused met the owner of the goat and admitted that he had raped her and even said that he had a nice time.  Recently, in July 2020, a cow was allegedly raped by a 55 year old man in Bhopal. While these cases of extreme brutality are on the rise, there is an acute dearth of laws to shield animals from cases of sexual abuse giving the immoral and psychopaths the conviction to escape from the law.


The judgments given by the Hon’ble Courts over a decade in the field of animal protection show the scope, emergence & importance of environmental law in the current scenario. The judiciary has also raised the issue of the lack of role of the legislature in contributing in the enactment of new rules and regulations and modification in the current scenario is a matter of concern.

In Animal Welfare Board of India v. A. Nagaraja & Ors the Supreme Court held that animals too have the right to live with honour and dignity. Karnail Singh and Ors. vs. State of Haryana is revolutionary judgment in which the judiciary took the matter of animal rights in the extent of Fundamental Rights.

The judgment goes beyond the question of the wellbeing of cows as focused in the case but also talks about all animals, birds and aquatic species as well.  Justice Rajiv Sharma mentions in his judgment The entire animal kingdom including avian and aquatic are declared as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person. All the citizens throughout the State of Haryana are hereby declared persons in loco parentis as the human face for the welfare/protection of animals.

The doctrine of parens patriae which states the duty of the state to provide protection for those who are unable to protect themselves which was earlier limited to humans,  has now also included non-humans in the range of this doctrine.


India has several legislations in place to prevent and punish animal cruelty. Some of the key legislations are:

  1. Prevention of Cruelty to Animals Act, 1960: This Act provides for the prevention of cruelty to animals and prescribes punishments for offences related to animal cruelty. It also establishes the Animal Welfare Board of India to advise the government on animal welfare issues.
  2. Wildlife Protection Act, 1972: This Act provides for the protection of wild animals and plants and regulates hunting, poaching, and trade in wildlife.
  3. The Indian Penal Code, 1860: The Indian Penal Code (IPC) has several provisions that deal with animal cruelty. Section 428 and 429 of the IPC make it an offence to kill, maim, or cause injury to animals.
  4. Transport of Animals Rules, 1978: These rules provide guidelines for the transportation of animals to ensure their welfare during transport.
  5. Performing Animals (Registration) Rules, 2001: These rules regulate the use of animals in performances and prescribe conditions for their registration.
  6. Prevention of Cruelty to Animals (Slaughter House) Rules, 2001: These rules regulate the slaughter of animals in slaughterhouses and prescribe conditions for their humane treatment.
  7. Cow Slaughter Prevention Laws: Several Indian states have laws that prohibit or regulate the slaughter of cows, which are considered sacred in Hinduism.

It is important to note that these legislations are not always strictly enforced, and incidents of animal cruelty still occur in India. However, there is a growing awareness of animal welfare issues in India, and many individuals and organizations are working towards the protection and welfare of animals.

From here onwards there will be a Q&A part where I will be answering  questions asked to overcome this situation of animal cruelty vis-à-vis animal rape. The questions are as follows :

  1. Are animals not safe in India?

Animal rape, also known as bestiality or zoophilia, is a criminal offense in India and is punishable under the Indian Penal Code. The laws in India also provide protection to animals from cruelty and mistreatment.

While incidents of animal rape do occur in India, it is important to note that they are relatively rare, and most people in India respect and care for animals. In fact, India has a rich tradition of animal welfare, and animals hold a special place in Indian culture.

The Indian government has also taken steps to protect animals, including the enactment of the Prevention of Cruelty to Animals Act, 1960, which provides for the prevention of cruelty to animals and punishment for those who engage in such acts.

However, like any country, India is not immune to cases of animal abuse, including sexual abuse. It is important for law enforcement agencies to enforce the laws protecting animals and for citizens to report any incidents of animal cruelty or abuse. Ultimately, the safety of animals in India, as in any country, depends on the collective effort of individuals, organizations, and the government to protect and care for them.

  1. What are your views on cases of animal cruelty especially animal rape, where a human being is caught raping an innocent animal?

In India, bestiality or the act of engaging in sexual activity with an animal is considered a criminal offense. Depending on the jurisdiction, it may be classified as a misdemeanor or felony, and the penalties may include fines, imprisonment, or both.

If a person is caught raping an innocent animal, they could face charges of animal cruelty or animal sexual abuse. The severity of the charges and the associated penalties will depend on the circumstances of the case, including the nature and extent of the harm inflicted on the animal.

It’s also worth noting that some states and countries have enacted laws specifically addressing animal sexual abuse, such as laws that prohibit the creation, distribution, or possession of “animal pornography” depicting sexual acts with animals.

In summary, a lawyer would likely view such an act as a serious crime that violates animal welfare laws and may result in significant legal consequences for the perpetrator.

  1. What steps should be taken to overcome problem of animal cruelty ?

Animal rape, or bestiality, is a serious issue that requires a multi-faceted approach to address. Here are some steps that can be taken to overcome this problem:

  1. Strengthen and enforce animal welfare laws: Governments should strengthen animal welfare laws and ensure that they are effectively enforced. This will create a deterrent effect and hold offenders accountable for their actions.
  2. Increase public awareness and education: Raising awareness and educating the public about animal welfare and the legal consequences of animal abuse can help prevent incidents of animal rape. This can be done through school programs, community events, and social media campaigns.
  3. Promote responsible pet ownership: Encouraging responsible pet ownership can help prevent incidents of animal abuse. This includes providing adequate food, water, shelter, and medical care for pets.
  4. Provide resources for reporting animal abuse: Governments and animal welfare organizations should provide resources for reporting animal abuse, including hotlines and online reporting mechanisms. This will enable people to report incidents of animal rape and other forms of animal cruelty safely and anonymously.
  5. Provide support for animal victims: Victims of animal abuse, including animals that have been raped, need support and care. Governments and animal welfare organizations should provide resources for the rescue, rehabilitation, and rehoming of animal victims.
  6. Address the root causes of animal rape: Addressing the root causes of animal rape, such as mental health issues or a lack of empathy, can help prevent these incidents from occurring. This may involve providing mental health resources and education programs on empathy and compassion.

It is important to note that addressing the problem of animal rape requires a coordinated effort between governments, animal welfare organizations, and the general public. By working together, we can create a safer and more compassionate world for animals.

  1. What are major reasons due to which the animal cruelty takes place ?

The reasons behind animal rape are complex and often involve a combination of factors. Some of the possible reasons behind animal rape are:

  1. Mental health issues: Some individuals who engage in animal rape may have underlying mental health issues, such as a personality disorder or a paraphilic disorder.
  2. Lack of awareness: There is still a lack of awareness about animal welfare and animal rights, especially in rural areas. This can lead to incidents of animal rape and other forms of animal abuse.
  3. Sexual deviance: Some individuals may engage in animal rape because they have a sexual attraction to animals, a condition known as zoophilia.
  4. Lack of empathy: Some individuals who engage in animal rape may lack empathy and the ability to understand or care about the suffering of animals.
  5. Power and control: Some individuals may engage in animal rape as a way to exert power and control over another living being.
  6. Cultural or religious beliefs: In some cultures or religions, sexual activity with animals may be seen as acceptable or even encouraged.

It is pertinent to see that regardless of the reasons behind animal rape, it is a criminal offense and a form of animal abuse that causes significant harm to animals. It is essential to prevent and punish such acts to ensure the safety and well-being of animals.

  1. How a lawyer should see these type of cases ?

Cases of animal cruelty are seen by a lawyer as a violation of animal welfare laws and a serious legal offense. Animal cruelty is considered a social problem that affects not only animals but also human society. As such, a lawyer would view animal cruelty as a breach of ethical and moral standards and a violation of the law.

A lawyer’s role in cases of animal cruelty would be to ensure that the offender is held accountable for their actions and that justice is served. This may involve representing the victim animal or advocating for their rights and interests. The lawyer may also work with animal welfare organizations and law enforcement agencies to investigate and prosecute cases of animal cruelty.

In some cases, a lawyer may also work to prevent animal cruelty from occurring in the first place by advocating for stronger animal welfare laws and promoting education and awareness about animal welfare issues.

Overall, a lawyer would view cases of animal cruelty as a serious legal issue that requires a strong legal response and a commitment to protecting the welfare of animals with the help of either existing laws and by making suggestions for the same.

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The term “forced eviction” refers to “the removal against the will of people, families, and/or communities from the homes and/or land which they inhabit, without the provision of, and access to, adequate forms of legal or other protection.” This removal might be permanent or temporary.

Even though it is unlawful behavior, the authorities continue to engage in it because of the unchecked authority they possess. When authorities determine that a structure that has been built on land that is owned by the government is occupied in an unauthorized or unlawful manner, they either destroy the structure or force the occupants to vacate the premises. Evictions may take place on either privately owned or publicly owned property. On the other hand, the primary emphasis of this article is on evictions carried out by the state from public property or to convert land for use by the public or the state. The state has forced several people who are already disadvantaged to become homeless by claiming that their homes were illegally built or occupied without their permission.

According to the Public Premises (Eviction of Unauthorised Occupants) Act of 1971, “Unauthorised Occupation” refers to any person occupying public property without having been granted permission to do so, as well as any person continuing to occupy the public property after the authority (whether granted or transferred in another manner) he was granted, has expired or been determined for any reason.

Additionally, “Unauthorised Occupation” refers to any person continuing to occupy public property after the authority (Recent occurrences, such as the 2022 demolitions in Delhi, Madhya Pradesh, Gujarat, and Uttar Pradesh, as well as other recent happenings, have unprecedentedly exceeded all bounds. These incidents owe their unprecedented frequency to the arbitrary grounds that were employed by the authorities, as well as how they evaded the law to carry out evictions in a seamless manner.

The state fails to take into account the fact that they are destroying not just a house but also a source of safety and income for the family that will be impacted by this decision. Since we continue to see severe violations of the right to shelter and sufficient housing, it is becoming more urgent that legislation against forced evictions be put into place. The court is obligated to make full use of its authority to not only halt the execution of the order to evict but also to grant remedy to the party that has been wronged.


The highest court in India issued an order in February 2019 mandating the forcible removal of one million tribal people from the territories they traditionally inhabited.[i] The order was halted after receiving feedback from members of the public, and its implementation is temporarily on hold. If the order had been carried out, not only would lakhs of Adivasis have been uprooted, but they also would have been prevented from earning a living on their traditional lands. In their results published in 2020, the Home and Land Rights Network revealed that more than 36812 households had been threatened with destruction, which had resulted in the forced displacement of a minimum of 173333 individuals.

When it comes to eviction, no individual of any background has ever been discriminated against, regardless of whether they live in an urban or rural area. Nonetheless, the people who have been denied their right to housing are always those who are low-income or otherwise disadvantaged. The state has provided several subjective justifications for its decision to carry out the destruction of property and evict the occupants of the buildings.

‘Environmental’ reasons such as disaster management and the conservation of flora and fauna have been reported the most, contributing to the eviction of 49% of the total population removed in 2020 according to the record. These reasons have been listed as the most common cause of eviction. Additional justifications include programs referred to as “smart cities” and “development,” as well as “beautification” initiatives and the elimination of “encroachers.”[ii]

Daily wage laborers in Khori-Gaon faced the possibility of being evicted in July 2021 due to the demolition of around 12,000 homes by the Faridabad Municipal Council. They were living without access to any source of water or power for many months before being evicted. There were perhaps 10,000 to 15,000 households who lost their homes. Infants, children, women who were pregnant or nursing, senior citizens, and those with impairments were among those who were upset. The highest court in the land gave the order for the eviction campaign, much to the dismay of everyone involved.

In all of India, there are around 15.5 million individuals who are terrified that the state would destroy their houses and other assets. Since the courts are giving legal support for the operations of the state, it seems unlikely that there will be any relief very soon. Listen to what a lady has to say after she has been kicked out of her home:

“We have been living in Krishnappa Garden for more than 30 years. On January 21, 2021, our houses were razed without any previous warning or warning at all. We have not gotten any help from the state even though the administration has been repeating the same thing over and over again for the last two years: corona, the corona. We are called by officials to get vaccinations, but they do not provide us with food to satisfy our rumbling bellies. We often have the urge to take our own life; what should we do?”

Her complaints are illustrative of the farce of justice that currently exists in our nation.


In the case Olga Tellis vs. Bombay Municipal Corporation, a seven-judge bench of the Supreme Court held that the right to life guaranteed by Article 21 of the Constitution included the right to livelihood. The court then ordered that alternative land be provided to the illegal squatters (also known as JJ dwellers) in Bombay. This case involved the Bombay JJ dwellers.[iii]

In most cases, these unauthorized encroachments or structures may be made legal with the payment of a nominal charge by wealthy individuals. When low-income individuals encroach on property owned by the government, they are regularly evicted and have their homes and communities destroyed as if they are not even human.

These people, for the most part, come from more impoverished socioeconomic backgrounds. They are mostly impoverished peasants from rural areas who went to cities to earn a living working as manual laborers, hawkers, and street peddlers, and many of them remained there to have easy access to their places of employment. People from impoverished rural areas who migrate to India’s major cities in the hope of bettering their economic situations end up in appalling living conditions in Delhi, Mumbai, Kolkata, and other cities throughout the country. It is accurate to say that the vast majority of them are occupants of public property.

Even if they don’t have a legal claim to it, where are they going to go? Hundreds of thousands of people are now living in poor conditions. That is a problem that goes beyond the realm of the law. If the local authorities, after compiling the directives of the Supreme court, did the planning and organized the spaces for people who are poor as a preventative step, then there will be no violation of the right to housing that takes place. The court is the sole institution that can safeguard people’s right to the city.[iv]


The term ‘life’ in Article 21 refers to a life with dignity, and not only ‘animal life,’ as the Supreme Court has recognized in several prior instances, such as Francis Coralie Mullin vs. Administrator of the Union Territory of Delhi. In the case of Uttar Pradesh Avas Evam Vikas Parishad vs. Friends Co-operative Housing Society Ltd., it was decided that the “right to shelter” is a basic right that is protected by the Constitution under Articles 19(1)(e) and 21.[v]

It was decided by the apex court in the case Ahmedabad Municipal Corporation vs. Nawab Khan Gulab Khan that, in light of the continuous migration of the rural populace into urban areas and the expansion of encroachments that this migration causes, the municipalities and panchayats are required to produce plans for the resettlement of these people following “Articles 243G and 243W of the Constitution.

This decision was made in response to the fact that encroach The right to a place of abode is recognized by the court as one of the basic human rights and a minimum human right. The right to residency and settlement is an illusion for those who live in rural and urban poverty because they lack the facilities and opportunities necessary.

It is the responsibility of the state, as mandated by Articles 38, 39, and 46, to reduce disparities in terms of income, opportunity, and status. To make socioeconomic justice a reality that is meaningful and productive to make life worth living with dignity, it positively charges the State to distribute its largess to the poorer portions of the community envisioned in Article 46.

Within the context of any society that can be considered civilized, the phrase “right to life” refers to the entitlement to “food, a decent environment, medical treatment, water, shelter, and education.

In the case of Chameli Singh vs. the State of Uttar Pradesh, the Supreme Court made this observation and added, These are fundamental human rights recognized to every civilized community. Without these fundamental civil, political, social, and cultural rights, it is impossible to enjoy the rights guaranteed by the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Racial Discrimination or by the Constitution of India. As a result, sheltering a human person is about more than just protecting his life and limbs. It is a place where he may nurture all aspects of his development—physically, cognitively, intellectually, and spiritually—making it a home.

The right to shelter consequently comprises appropriate living space, a safe and decent building, clean and decent surroundings, sufficient light, clean air and water, power, sanitation, and other municipal utilities such as roads, etc. to have easy access to his daily avocation. If the right to shelter is exercised in the context of being an indispensable precondition for the right to life, then it should be considered to have been guaranteed as a basic right. [vi]

In the case of Shantistar Builders v. Narayan Khimalal Totame, a three-judge panel opined that historically, there are three necessities of a man, and those are food, clothes, and shelter. In other words, a man must have these things to survive. It is essential to be aware of the differences in the need for shelter that an animal and a person have. For animals, it is just the most fundamental kind of protection; but, for a human, it is required to be an appropriate shelter that assists in the development of all aspects of his person, including “physical, mental, and intellectual.”

In a nutshell, the Supreme Court has decided that Article 21 of the Constitution protects an individual’s right to life, which in turn protects an individual’s right to maintain their standard of living. And if a person is forced out of his house, regardless of whether or not legal action is taken or his jhuggi is destroyed, he would be unable to maintain his standard of living since he would be unable to find a new location to work.

As a consequence of this, in the case of Olga Tellis, the court ruled that slum residents should be provided with alternative land sites that are placed within a reasonable distance of their places of work. The land that they are now occupying shouldn’t be taken until other housing options have been provided for them.


According to the United Nations Committee on Economic, Social, and Cultural Rights, poor urban settlements occur as a result of migration, hardship, tragedies, and hopeful projects in cities. This information comes from the committee. It was declared by the United Nations in General Comment 4 of the Resolution against Forced Evictions that “Shelter should be recognized as the right to live anywhere in security, peace, and dignity.

Everyone, regardless of their financial standing, ought to be able to have access to suitable housing. For the “United Nations International Covenant of Economic, Social, and Cultural Rights” to be enforced in Indian courts, it must be interpreted in conjunction with Article 21. This is because India has accepted the treaty. Recently, the Supreme Court and other courts issued orders calling for the demolition of illegal constructions. These constructions include large buildings, hotels, and other structures; as a result of their existence, the environment is polluted, and the money that was spent on those structures was wasted.

In our nation, no regulation can be considered to be as strict as one that would forbid these illegal constructions by either the rich or the poor. Despite however, there is no mention of sanctions or preventative actions that may be taken by the local authorities to put a stop to unlawful evictions (which mostly affect the poor). The “Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 ,” which provided for the prohibition of unlawful eviction and procedures for the eviction of unlawful occupiers, is an exemplary law for India to follow up and enact a law against forced eviction. The “Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 of India,” provided for the prohibition of unlawful eviction and procedures for the Before an eviction may take place, the legislation needs to include provisions for conducting an effect assessment following the UN Guidelines.

This would provide a better understanding of the actual condition of the circumstances. A statute will be a preventative measure to defend the right to shelter and decent housing, as well as a triumph for all of those disgruntled individuals who have lost their rights.

This article has been written by Jay Kumar Gupta, a second year BBA LL.B.(Hons.) student from School of Law, Narsee Monsee Institute of Management Studies, Bengaluru


[i] Radhika Chitkara & Khushboo Pareek, The Right to Land: A Study on Legality of Forced Evictions, 2 NLUD J. LEGAL Stud. 69 (2020).


[iii] Olga Tellis v. Bombay Municipal Corporation, 1985 SCC (3) 545

[iv] Mathew Idiculla, A Right to the Indian City? Legal and Political Claims over Housing and Urban Space in India, 16 Socio-LEGAL REV. 1,5 (2020).

[v]  Vineet Bhalla, Why the trend of summarily demolishing properties of alleged criminals is patently illegal Whither due process? The Leaflet(Apr. 23, 2022) https://theleaflet.in/why-the-trend-of-summarily-demolishingproperties-of-alleged-criminals-is-patently-illegal-an-explainer/.

[vi] Chameli Singh vs. State of U.P., Appeal (civil) 12122 of 1995.

Attorney balance advocate antique beautiful blind



The legal profession is an important limb of the machinery for the administration of justice. Without a well-organized profession of law, the courts wouldn’t be in a position to administer justice effectively. The profession of law is one of the oldest and noblest professions. The person in the legal profession is called an advocate or lawyer. An advocate is an officer of justice and a friend of the court. The central function that the legal profession must perform is nothing less than the administration of justice. An advocate assists the parties in drafting economic transactions like contracts, agreements, deeds, wills, etc. An advocate should provide free legal aid to the poor and deserving people on compassionate grounds.


Development of the legal profession In India can be divided into the following phases:

  • Legal profession in Ancient India
  • Legal Profession in Medieval India
  • Legal profession in British India
  • Legal profession in India after Independence.

Legal Profession in Ancient India:

In India during the earlier period, people live in small groups. The head of these groups or tribes delivered justice under the open sky before all the members. There was no specialist like a lawyer during those days. When kingship was established, the king delivered justice. King was advised by his councilors. The law of those days was rooted in Hindu religion and custom. From the stories of Maryada Ramayana and Vikramaditya, we are well aware of the wise men who solved the critical cases of those days. During those days, the sufferer presented complaints before the king and the king with the help of his religious heads and wise courtier delivered the judgment.

Legal Profession in Medieval India:

During the Muslim period, there was the existence of the Legal profession, as the party of the litigation appoints their vakils. This body decides the case and they were paid a percentage of the amount in the suit. However, in this period the legal profession was not so organized. Vakils performed their work as an agent for the principal but not as lawyers.

Legal Profession in British India:

During the British period, the model legal system was developed in India. Before 1726, the courts derived their power, not from the British Crown but the East India Company.

As the Mughal Empire was weakened by emerge of the British East India Company, they strengthen their economic power by external trade. The impact started with the advent of the British, Portuguese, and French at the beginning of the 17th century. The major impact was from Britishers whose company reigned from 1757 to 1857 before the sepoy mutiny spark given by Mangal Pandey. In 1754, As the Royal troops arrived in India, the terms of the Mutiny Act and the Articles of War made applicable to Company’s military forces5.

The result of Plassey, in 1757, paved the way for the British conquest of Bengal and eventually the whole of India. The need for the law authority in the three jurisdictions which were presidencies at that time (Calcutta, Bombay, and Madras). In 1772 Warren Hasting laid the foundation for two types of judicial administration: 1) Mofussil or District Court 2) Sadar or Provincial court. The company established its own provincial and appellate courts for resolving the civil as well as criminal courts.

In 1773, Regulating Act established for the first time, the Supreme Court of Fort Williams in Calcutta 1774, consisting of the Chief Justice and three judges (later reduced to two) appointed by the Crown acting as King’s court7. Sir Elija Impey was appointed as the first chief justice of the court of Calcutta. Coming to the litigation at that time, As written in Introduction about the development of two pleaders: vakils and British Barristers, this was still prevalent in forms of administrative institutions by Mughal empire and was continued by British. For the first time, the regular legal profession of vakils and other native pleaders was created in (Schmitthener 1968-1969).

A large population of vakils and attorneys were involved in trial courts or adjudications. Before the 1857 revolt the Bengal regulations, 1793 and 1833, The Legal Practitioners Act, 1846 was passed. In former (Bengal regulations) as written earlier which was evolved in work of S.W. Schmitthener later in 1968. The Bengal Regulation VII of 1793 was given by Lord Cornwallis. It gave the power to create Sadr Diwani Adalat to enroll advocates for the first time.

This also ensured the quality of the practicing advocates which became more respectable. In the Legal Practitioners Act, 1846 the pleading power was given to the person of whatever nationality or religion and were registered by Sadr Courts. Moreover, the 1846 act permitted barristers and attorneys to be admitted as pleaders in a court of East India Company.

Legal Profession in India After Independence:

All India Bar Committee was constituted under the chairmanship of Justice S.R. Das. The committee in its report recommended the establishment of an All India Bar Council and State bar Council. It recommended the powers of enrollment, suspension, or the removal of advocates to the Bar Council. Further recommended that there should be no further recruitment of non-graduated pleaders or Mukhtars.

The central government enacted the Advocates Act in 1961. This act has been in force in entire India. It brought revolutionary changes in the legal profession in India. It sets out to achieve the utility and dignity of the profession of law on an All-India basis. The preamble of the act says that the act amends as well as consolidates the law relating to legal practitioners.


In the case of Dhanraj Singh Choudahry Vs Nathulal Vishwakarma SC 2011 where it has been seen that the Disciplinary Committee of the State Bar Council has considered the entire material, including the evidence of the complainant and the advocate appellant and arrived at the finding that the advocate appellant was guilty of professional mis-conduct for having attested the sale deed dated November 3, 1999 containing a statement that the shop on the western side of the saleable property in occupation of the complainant has already been transferred to the advocate appellant by giving him ownership right. The attestation of the sale deed containing the above statement, which was apparently false to the knowledge of advocate appellant, amounted to professional mis- conduct. The vendor- Jitender Singh Bakna and his father Sardar Desh Singh Bakna were the clients of the advocate appellant. As a matter of fact, the advocate appellant had filed a suit on behalf of the vendor against the complainant seeking his eviction from the premises for which the statement was made in the sale deed dated November 3, 1999 that the said premises in occupation of the complainant has been transferred by the vendor to the advocate appellant.

From the material on record the professional mis-conduct of the advocate appellant is clearly established and the Disciplinary Committee of the State Bar Council, Madhya Pradesh, cannot be said to have committed any error in holding him guilty of the professional mis-conduct. Having held that, the Disciplinary Committee of the State Bar Council awarded him punishment of reprimand. Against the inadequate punishment awarded to the advocate appellant for the proved professional mis-conduct, the complainant preferred appeal. In that appeal, notice was issued to the advocate appellant and in response thereto, he did appear before the Disciplinary Committee of the Bar Council of India on October 30, 2004 and was fully heard. The requirement of the proviso appended to Section 37(2) of the 1961 is, thus, fully met.

The legal profession is a noble profession. It is not a business or a trade. A person practicing law has to practice in the spirit of honesty and not in the spirit of mischief-making or money-getting. An advocate’s attitude towards and dealings with his client has to be scrupulously honest and fair.

In V.C. Rangadurai Vs. D. Gopalan and others Krishna Iyer, J. stated :- “Law’s nobility as a profession lasts only so long as the members maintain their commitment to integrity and service to the community.”

Any compromise with the law’s nobility as a profession is bound to affect the faith of the people in the rule of law and, therefore, unprofessional conduct by an advocate has to be viewed seriously. A person practising law has an obligation to maintain probity and high standard of professional ethics and morality.


The Advocates Act, 1961 contains rules and laws pertaining to advocates. The major goal of the Act is to create a single class of legal practitioners known as “advocates.” Advocates are permitted to represent clients before all courts and tribunals in all states of Indian territory. The advocates can only join one state Bar Council [vide Section 17(4) of the Act], although they are free to move to another State Bar Council. The Indian Bar Councils Act has been replaced by the Advocates Act, 1961. The Advocate Act of 1961 was created in order to carry out the recommendations of the All India Bar Committee, which were supported by the Law Commission’s fourteenth report in 1955. This Act’s primary goal is to unite and create a single class of attorneys called “advocates.” Their major goals are to establish an All India Bar Council and State Bar Councils, as well as a common qualification for the bar. It also outlines an advocate’s obligations and rights.

India’s legal profession was managed under the Advocates Act, of 1961, which was set up by Parliament after Independence. The All India Bar Committee was established in 1953 by the government to oversee and control the Indian judiciary after Independence in 1947. The Advocates Act and the Bar Council of India were formed in 1961 as a result of a recommendation submitted to Parliament by the All-India Bar Committee. Legal practitioners were divided into various classes under the Legal Practitioners Act of 1879 until the Advocates Act, 1961 came into effect. They were classified as Advocates, Lawyers, Vakils, Barristers, etc. After the Act came into effect, several classes of legal practitioners were abolished and combined into one class of advocates. These advocates were categorised as Senior Advocates and other subdivision advocates based on their qualifications for expertise and experience. Senior Advocates are given the title with the Supreme Court’s or the High Court’s confirmation.

The Bill was drafted in order to carry out the recommendations of the All India Bar Committee, which were issued in 1953. After considering the Law Commission’s proposals on Judicial Administration Reform, as well as the suggestions relating to the Bar and legal education. The Bill was amended to recognise the dual system in operation in the High Courts of Calcutta and Bombay by including the necessary provisions, according to the recommendations provided to the All India Bar Committee and the Law Commission. If they intend to abolish the dual system at any moment, it will only be open to two Courts. The Indian Bar Councils Act, 1926, as well as any other legislation on the subject, may be repealed by this bill because it is a comprehensive measure. This was published on November 19, 1959, in Section 2 of Part II of the Extraordinary Gazette of India.

Features of the Advocate Act, 1961

The Advocates Act, 1961 had the following features: It established the Bar Council of India and State Bar Councils and paved the way for their formation.

  • Even though advocates may be transferred from one state to another, advocates are not permitted to enrol in more than one State-Bar Council.
  • A self-governing authority has been given to the Bar Council.
  • Additionally, the Act has made it possible for advocates to work in positions that are similar all across the world.
  • It also included provisions that allowed for the consolidation of all legal system legislation into a single class or document.
  • A single title called ‘advocate’ replaced the several titles that were previously granted to advocates such as legal practitioners, vakils, attorneys, etc.
  • On the basis of their qualifications, experience, and level of expertise, there are senior advocates and other advocates as legal practitioners.
  • The act primarily focuses on the consolidation of existing legal laws for the legal profession.
  • The Bar Council was given control over an autonomous body that has been assigned certain duties.
  • Additionally, there are several state Bar Councils that are under the control of the All-India Bar Council.
  • They also have the same responsibilities as the All-India Bar Council, but they solely look after their particular states. The Bar Council was granted an autonomous entity that is entrusted with these responsibilities.
  • According to the Act, State Bar Councils must exist in every state.

Rights of an advocate under the Advocate Act, 1961

In India, an advocate has the following rights:

  • Right to practice (Section 30) and freedom of expression and speech-
  • Pre-audience rights
  • Right of opposition to arrest
  • Right to appear in any court
  • Right to see an accused person in jail
  • Right to professional communication
  • The right to protect the secrecy of communications
  • Right to pay a fee
  • Right with respect to vakalatnama
  • Right to refuse a case

Role of Bar Council

The following are the functions of the Bar Council of India under Section 7 of the Act:

  • It must establish standards of professional conduct and etiquette for advocates;
  • It must establish specific procedures to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;
  • Their primary function is to prepare and maintain a common roll of advocates and to exercise general supervision and control over State Bar Councils;
  • Its duties include general supervision of and control over state Bar Councils.
  • It has to promote legal education.
  • It has to set standards for that education in consultation with state Bar Councils and universities in India that deal with higher education.
  • They also have the responsibility of identifying the universities where a law degree qualifies a graduate for enrolment as an advocate, and to that end, they either visit and inspect those universities or give State Bar Councils specific directions to visit and inspect.
  • They also recognise a reciprocal basis for foreign legal qualifications gained outside of India for the purpose of admission as an advocate under the Act.
  • Other duties exist that are similar to those of the Indian State Bar Council. The Bar Council of India carries out such activities as setting up one or more funds for the organisation of welfare programmes for poor and disabled advocates providing legal assistance and advice, as well as for establishing law libraries. Additionally, they receive gifts, donations, and benefaction.


For the administration of Justice, the judicial system is composed of the judges and the advocates who assist the judiciary in dispensing justice through discharging their duties. The Bar and the Bench are two elements of the same system, and without them, justice cannot be efficiently administered in the courts.

The Bar and the Bench are considered as the two wheels of a chariot that play a role in administering the law. Both are subordinate to and interrelated to one another in their respective roles. In law, the term “Bar-Bench relationship” pertains to the friendly relationship that advocates have with judges. The Bar (advocates) and the Bench (judges) both play critical roles in the administration of justice. Maintaining cordial relations between the Bench and the Bar requires respect and understanding on both sides of the bench and bar.

Role of bar-bench in the administration of justice

The practice of law and the administration of justice is vitally important to each other. There is no other office in the state that possesses the same level of authority as that of the judge. Judges carry enormous power, far exceeding that of any other official in the government or military. The common people’s lives and liberty, individual domestic happiness, property, and public image are subordinate to the judges’ wisdom, and citizens are held accountable for their judgments. If judicial power is corrupted, there is no longer any assurance of life, liberty is forfeited, and there is no longer any guarantee of personal or domestic happiness. A strong judiciary that is active, unbiased, and competent is the most important thing a state can have. Judges must carry out their responsibilities due to the importance of judges in the maintenance of civil and orderly society.

The administration of justice is not limited to the courtroom. It also has significance for the Bar. The preservation of cordial relations between the Bar and the Bench necessitates respect and understanding on both sides of the bar. The roles of attorneys and judges are supplementary to one another. The primary source of judges’ recruitment is the legal profession. As a result, they are both members of the same community. The Bar and bench need to sustain cordial relations with one another. However, because of the nature of the responsibilities that attorneys and judges must fulfill, they may engage in dialogues that are sometimes amusing, sometimes heated, and sometimes tough.

Role of the bar in strengthening the bar-bench relation

Advocates are court officers, and they are required to aid the court in the administration of justice on behalf of the court. Advocates gather resources relevant to the case to aid the court in reaching an (outcome) in the case. An advocate works in collaboration with the judiciary to ensure that justice is administered properly. Advocates, like judges, play a significant role in the administration of justice. An advocate has to practice the following steps to preserve and strengthen the relation between Bar and Bench

  • They should show reverence to the judges and refrain from disparaging the judges or the judiciary in any way whatsoever.
  • They should assist the judges in the court hearing of the cases by conveying the relevant law accurately and understandably during the trial. They should never behave in a way that would displease the judges.
  • If the judges make a mistake in their decision, they should not be criticized. They should attempt to correct the error in the order by filing an appeal.
  • If the judge’s conduct is annoying and disrespectful to the advocates, they should refrain from engaging in violent talks with the judge in question. The issue should be addressed with the judge in his chambers, and the Bar Association should make a formal request that such misbehavior not be repeated.
  • It is the responsibility of an advocate to make every effort to constrain and avert his or her client from engaging in unfair practices with the court.

Role of the bench in strengthening the bar-bench relation

A judge is a public official who hears and decides cases in the court of law, thereby resolving a legal dispute. Judges wield enormous power, far exceeding that of any other official in the government or military.  A judge has to practice the following steps to preserve and strengthen the relation between Bar and Bench:

  • In the same way that the advocates respect the judges, the judges should respect the advocates as well.
  • It is important for judges to approach the case with an open mind and to do so without bias or prejudice, as appropriate. They will act in a manner that is beneficial to the interests of justice. They will give the advocates sufficient time to present their case in its entirety.
  • Judges are expected to act in a fair and unbiased manner. They are not permitted to act in the interests of any prosecutor or party to the dispute.
  • In the course of administering justice, the courts are frequently called upon to decipher the law’s rules, directives, regulations, codes, bylaws, circulars, notices, and other documents to determine the true significance of the statutes or to clear up confusion or incoherence in the legislation. In these instances, a proper explanation should be provided to provide full justice to the parties involved in the situation.
  • Adjournments are granted to allow the parties a reasonable amount of time to present their arguments. Cases will not be adjourned where possible unless there are reasonable and appropriate grounds to do so. Excessive postponement of cases, which causes the parties to suffer financial difficulties is the most common cause of mounting backlogs in the court system.
  • The case of ‘justice deferred is justice denied’ will also be resolved as soon as possible as well. When older cases are given priority over new cases, new cases should not fall behind in their disposition.
  • Judges should refrain from making unjustified public remarks about a lawyer’s lack of legal insight in open court. They should not ask any lawyer to leave the trial unless they have a compelling reason to do so. Likewise, they should not request that any advocate not appear in his or her court in the future.
  • Judges will have a thorough understanding of the law. They should be able to apply the appropriate legislation to the evidence available and come to the best possible conclusion on the matter.
  • A judge’s moral responsibility and honesty should be unquestionable. He should be treated with respect, both personally and intellectually. There should be something to commend about the character and the action.


The result of a large population and a never-ending profession is what legal education in India looks like today. There are over 1,500 law schools and law colleges across the country, with over 1.5 lakh graduates every year. The number of law colleges doesn’t include branches of the institutes. With these many institutes, laws relating to them remain complex and multi-layered. This affiliation system seems to be a major problem to regulate law institutes in the country.  A rapid growth leads to declining efficiency and quality. Thus, having many institutes become a problem, as a lack of standards can be seen in many. This leads to incompetent law graduates who eventually lead to dilution in the profession as well as education.

Another problem seems to be that of entry to these institutes. As a student entering into the field of law, the number of entrance tests is vast. For those schools under a university or affiliated to them, a student may give the State Common Entrance Test. Others include CLAT, AILET, LSAT, and private entrance tests for private colleges. While a Student may prepare and appear for many, the standards for these tests aren’t uniform. This creates a status-quo amongst colleges and their students, and may act as a judgement factor when it comes time for employment.

Another reform seems to be needed in the syllabi and infrastructure of these Institutes. Many still have outdated syllabi and lack basic infrastructure. These do not take into account the changing role of law in society and also lack teaching basic social engineering skills needed in any practicing lawyer. Due to various lacunas in these institutes, many students lack the opportunities of competitions and activities that fuel in developing many skills. Even though it is agreed that Internships are a great medium to learn hands-on, an institute cannot declare its work to be ended after teaching the laws.


The sector has been a fast-growing and flourishing Industry, in a fast-growing economy and a developing country. Naturally with the population load, the cases under Indian Courts are always overflowing. The “pending cases in courts” is an issue that seems no end. The Central Government is the single largest litigant in the country in terms of initiating cases and responsible directly for a significantly large number of cases as a respondent. This increases government costs and burdens the judiciary. This may be resolved by taking a normative approach along with technological impact.

Normatively, the National Litigation Policy should be made binding and enforceable against officers of the Government. A lower monetary threshold should be introduced for appeals in matters that form the bulk of government litigation, and alternative dispute resolution methods should be made an option. Additionally, there should be greater monitoring of the number of pending cases where the Government is a litigant.

Further, legal in-awareness can be seen in the common man. Efforts can be taken to make the common man more aware of their rights and duties, helping them to contribute to the betterment of the sector.


Over the last five decades, the legal industry has undergone a significant transformation.

What is Legal Tech – Legal technology (usually called Legal tech) refers to technologies and software that substantially changes the way we use legal services in our daily lives. In broader terms, it represents the set of technologies that –

Eases the practice of law for attorneys and legal professionals, and enables customers access legal competence or justice. With the terminology clearly defined, let’s take a closer look at the set of advantages of technology in law industry.

Role of Technology in Legal Sector – Technology has been playing a vital role in the legal industry. It has increased the efficiency of legal offices and productivity of clerical workers. With the advent of legal tech, there is greater transparency between legal firms and clients. Clients know how much fees they have to pay and can keep track of day-to-day progress of the lawyer on their case. Also, there is no doubt that technology, if used correctly, is fast and efficient – more than any human individual. This can prove to be of great assistance to any law firm.

Here are a few pointers that show how technology is revolutionizing the legal sector:

  1. Automated processes
  2. Ease of research
  3. Better resource management
  4. Decline in risk of errors
  5. Increased transparency
  6. Introduction of new legal products/services
  7. Higher convenience
  8. Enhanced customer experience
  9. More collaboration among lawyers:
  10. Faster processing of information:



Law has a limitation in India depends on politics and socio-economic pressure. Social engineering, as well as economic, politics is a prerequisite.

  • For legal practice as written in developments, the license of a lawyer should be renewed every year rather than every five years to maintain the quality as well as the authenticity of the legal profession. The curriculum should be updated according to the need of the current legal issues which is prevalent in Indian Society.
  • Private and Public legal institutions should be recognized globally and give facilities equally so that from the bottom, the middle and upper sections can study together with no social and economic burden.
  • New Law must be created which is the need of the dynamic science and technology and growth of the day-to-day routine and futuristic approach for overall development.
  • In India, there is a scarcity of in-depth and analytical research that should be promoted at a local and large scale.

Suggestions on the relation between bar and bench

  • A reputed and unbiased judiciary, as well as a powerful bar, are required to maintain the system of democracy and independence under the rule of law in the country. Furthermore, the lawyers must have the impression that they were given a fair court hearing and that their issues would be addressed by an unbiased and credible attorney, among other things.
  • It is critical for the productive discharge of the court’s duties that the high level of optimism, prestige, and dignity that they have admired throughout their careers be sustained and not weakened in any manner. Whether it is judges or lawyers, they bear the main duty of administering and maintaining the public’s trust in the courts.

The adoption of technology in legal sector and agencies can go a long way in improving their efficiency and also helps in attracting a lot more clients. It creates flexible legal services, increases transparency, and reduces the chance of errors in documentation.

The Indian Legal Sector is open for a lot more reform. Its problems can be seen even by the common man. However, the faith and hope from the Legal World is never lost. Understanding and bettering the legal scenario will likely lead to better social and legal outcomes, allowing us as a nation to develop laws needed for the society. It will also help in making a system robust to new and upcoming challenges in the ever changing world.

Law is the only profession dealing with society and all its problems. There is no doubt that the legal scenario has come a long way, but there is also no denying that it needs to move forward too.


This article is writen by Abhinav Chaturvedi, a penultimate law student, IP university, Delhi.




Online gambling has become a popular form of entertainment for many people, offering the convenience of playing from the comfort of their own homes. While there are certainly benefits to online gambling, such as the convenience and the wide variety of games available, there are also significant risks to consider.One of the biggest risks associated with online gambling is the potential for addiction. Because online gambling is so convenient and accessible, it can be easy for individuals to become hooked and spend more time and money than they intended. This can have serious consequences on their finances, relationships, and overall well-being.Another riskis the potential for fraud and scams. Because online gambling sites are often located in different countries and operate in a largely unregulated market, there is a risk of dishonest operators taking advantage of players. This can include rigged games,


The first online gambling site was launched in 1994 by Microgaming, a software development company based in the Isle of Man. The site offered a small selection of casino games, including blackjack and roulette, and quickly gained popularity among early internet users. Within a few years, several other companies had entered the online gambling market, offering a wider variety of games and betting options.

Despite the rapid growth of online gambling, it took several years for governments around the world to take notice. In 2006, the United States passed the Unlawful Internet Gambling Enforcement Act (UIGEA), [1]which made it illegal for financial institutions to process transactions related to online gambling. This effectively ended the US online gambling industry, which had been a significant source of revenue for many companies.

Since then, several states have passed laws legalizing online gambling within their borders, including New Jersey, Pennsylvania, and Michigan. In other parts of the world, online gambling is legal and regulated, including in the United Kingdom, Australia, and many European countries.


There are several forms that online gambling takes, each with its own unique characteristics and risks.

  • Online casinos offer a wide variety of games, including slots, blackjack, roulette, and other popular casino games. These games are typically designed to mimic the experience of playing in a physical casino, with realistic graphics and sound effects. Some online casinos also offer live dealer games, where players can interact with a real dealer through video streaming technology.One of the biggest risks associated with online casino games is the potential for addiction. Because these games are so accessible and can be played 24/7, it can be easy for individuals to become hooked and spend more time and money than they intended. This can have serious consequences on their finances, relationships, and overall well-being.
  • Sports betting is another popular form of online gambling, where players can bet on the outcome of various sporting events. This includes traditional sports like football, basketball, and baseball, as well as niche sports like darts, cycling, and esports.One of the risks associated with sports betting is the potential for fraud and scams. Because online sportsbooks are often located in different countries and operate in a largely unregulated market, there is a risk of dishonest operators taking advantage of players. This can include rigged games, unfair payouts, and identity theft.
  • Online poker is a popular form of online gambling that has its own unique set of risks and benefits. Players can participate in a wide variety of games, including Texas Hold’em, Omaha, and Seven-Card Stud. Many online poker sites also offer tournaments and other special events, with large prizes for the winners.One of the benefits of online poker is the ability to play against a wide range of opponents, from beginners to professional players. This can provide a challenging and engaging experience for players of all skill levels. However, there are also risks associated with online poker, including the potential for collusion and cheating.
  • Online lotteries are another form of online gambling, where players can purchase tickets for various lotteries from around the world. This includes traditional lotteries like Powerball and Mega Millions, as well as smaller, niche lotteries.[2]

The legal status of online gambling varies widely around the world, with some countries fully embracing it and others banning it outright. In this article, we will provide an overview of the legal aspects of online gambling internationally.

There are several countries where online gambling is fully legal and regulated, including:

The United Kingdom: Online gambling is fully legal and regulated in the UK, with a robust regulatory framework overseen by the UK Gambling Commission. This includes all forms of online gambling, including casino games, sports betting, and poker.

Malta: Malta is home to many online gambling companies, with a regulatory framework overseen by the Malta Gaming Authority. Online gambling is fully legal and regulated in Malta, with strict licensing requirements and player protections in place.

Australia: Online gambling is fully legal and regulated in Australia, with a regulatory framework overseen by the Australian Communications and Media Authority (ACMA). This includes all forms of online gambling, including casino games and sports betting.

Other countries where online gambling is legal to varying degrees include Canada, Sweden, Denmark, and several European countries.

There are also many countries where online gambling is illegal or heavily restricted, including:

The United States: While several states have passed laws legalizing online gambling within their borders, it is still illegal at the federal level in the US. The Department of Justice has taken a hardline stance against online gambling, with several high-profile crackdowns on offshore gambling sites in recent years.

China: Online gambling is illegal in China, with the government actively blocking access to gambling sites and punishing those caught participating in online gambling activities.

Russia: Online gambling is illegal in Russia, with strict laws in place prohibiting all forms of online gambling. The government has taken a hardline stance against online gambling, with several high-profile crackdowns on offshore gambling sites in recent years.

Other countries where online gambling is illegal or heavily restricted include Saudi Arabia, North Korea, and several African countries.

There are also many countries where the legal status of online gambling is unclear or in a state of flux. This includes countries where online gambling is not explicitly legal, but where there is no clear legal framework in place to regulate it. In these countries, online gambling exists in a legal grey area, with players often able to access offshore gambling sites without fear of prosecution.

Grey market countries include many Asian and Middle Eastern countries, as well as some African and South American countries. the legal status of online gambling varies widely around the world, with some countries fully embracing it and others banning it outright. It is important for players to be aware of the legal status of online gambling in their country and to only participate in online gambling activities that are fully legal and regulated.


Online gambling in India is a complicated and controversial issue. The legality of online gambling in India is not explicitly clear, and it varies from state to state. In this article, we will provide an overview of the legal aspect of online gambling in India.

In India, gambling laws are determined by individual states, rather than by the federal government. The Public Gambling Act of 1867[3], which is a federal law, prohibits gambling in India. However, the Act only covers physical gambling activities and does not mention online gambling.As a result, the legality of online gambling in India is ambiguous. Some states have passed laws specifically allowing online gambling, while others have banned it outright. In some states, the law is unclear, leaving the legal status of online gambling in a grey area.

Currently, only two states in India, Sikkim and Goa, have legalized online gambling. In Sikkim, the state government issues licenses to online gambling operators who meet certain criteria, such as a requirement to have a physical presence in the state. The online gambling activities that are legal in Sikkim include online sports betting and online casino games.

In Goa[4], land-based casinos are legal, and the state government has also allowed these casinos to offer online gambling services. The online gambling activities that are legal in Goa include online sports betting, online casino games, and online poker.However, in most other states in India, online gambling is illegal, including popular forms of online gambling such as online sports betting and online casino games. Despite this, many offshore gambling sites still accept Indian players, leading to a grey market for online gambling in the country.


Online gambling has had a significant impact on society, both positive and negative. While it can provide economic benefits and entertainment to players, it can also lead to addiction, debt, and other social problems. In this section, we will discuss the impact of online gambling on society in more detail.

One of the main benefits of online gambling is its potential to generate economic benefits. Regulated online gambling can provide tax revenue for the government and create jobs in the industry. In countries like the UK, where online gambling is legal and regulated, the industry is estimated to be worth billions of pounds and employs thousands of people.In addition, online gambling can provide entertainment and enjoyment to players. For many people, online gambling is a fun and exciting way to pass the time and potentially win money. It can also provide access to a wider variety of games and betting options than physical gambling venues.[5]

One of the main concerns about online gambling is its potential to lead to addiction. Online gambling can be highly addictive, with players able to access games and betting options at any time of the day or night. This can lead to players spending more time and money on gambling than they can afford, leading to financial problems, debt, and even bankruptcy.In addition, online gambling can also be a particular risk for vulnerable populations, such as young people and those with low incomes. Online gambling sites can be particularly appealing to young people, who may be more likely to take risks and less aware of the potential consequences of their actions. Those with low incomes may also be more vulnerable to the lure of potentially winning large amounts of money, leading to further financial difficulties.

Furthermore, online gambling can also lead to social problems, such as relationship breakdowns, job loss, and mental health issues. Players who become addicted to online gambling may neglect other areas of their lives, leading to negative consequences for themselves and those around them.


The legal status of online gambling in India is a complex issue, with a patchwork of laws and regulations varying from state to state. While some states have legalized online gambling, many others have not, leaving the legal status of online gambling in a grey area. It is important for players to be aware of the legal status of online gambling in their state and to only participate in online gambling activities that are fully legal and regulated. Additionally, it is important for the government to carefully consider the potential social and economic impacts of online gambling before making any policy decisions. online gambling has had a significant impact on society, both positive and negative. While it can provide economic benefits and entertainment to players, it can also lead to addiction, debt, and other social problems. It is important for players to be aware of the potential risks of online gambling and to only participate in online gambling activities that are fully legal and regulated. Additionally, it is important for governments and regulators to carefully consider the potential social and economic impacts of online gambling before making any policy decisions.

[1] https://www.ftc.gov/legal-library/browse/statutes/unlawful-internet-gambling-enforcement-acts

[2] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2533814/


[4] https://blog.ipleaders.in/legal-status-gambling-goa/

[5] https://iclg.com/practice-areas/gambling-laws-and-regulations/india


This article has been written by Roshni S, a Penultimate law student, Kerala Law Academy Law College, Trivandrum.




Living in the 21st century, drug is becoming a word is used very casually. It is indeed a very commonly used product in the society as well. The laws of various countries in the world have made drugs illegal yet they seem to appear for sale in the underground markets. There is a certain rise of use of drugs mainly among students. Many developed countries are making the use of drugs legal nowadays for certain purposes. When a person says that he has not tried any drug then he deems to be previewed as a judgmental or old-fashioned person. Drugs have been used for multiple purposes including medical and psychological uses and were once legal no matter how hard the drug was. This article mainly focuses on the drug policies in the world in general as well as in India.


Drugs and its addiction is a huge problem that affects millions of people around the world. This harms not only drug addicts, but also their families and society as a whole. In this article, we’ll look at the different aspects of drug addiction and the steps you can take to prevent and treat it.
Drug addiction is a complex disease that affects an individual’s brain and behavior. It is characterized by the compulsive seeking and use of drugs without regard to the harmful consequences.Addiction is caused by a variety of factors, such as genetics, environment, and personal circumstances. Drug addiction can take different types, such as alcoholism, opioid addiction, cocaine addiction, and marijuana addiction. Drug addiction is a major social problem that affects people from all walks of life. This can lead to a host of negative consequences, including health problems, financial problems, legal problems, and social problems. It can also affect the addict’s family, causing emotional distress and financial burden.Drug prevention is essential to reduce the harm caused by drugs. Prevention efforts can focus on everything from education, community engagement and policy change. Education can help individuals understand the dangers of drug use and make informed decisions about drug use. Community engagement can help prevent drug use by providing a supportive environment and promoting healthy behaviors. Policy changes can help reduce drug use by limiting access to drugs and providing treatment and support for drug users.


With governments pursuing a variety of tactics to restrict drug use, distribution, and trafficking, drug policy has become an important concern for many nations throughout the world. Yet, there has been a lot of discussion and criticism around drug policies over the years. Criminalization and punishment are some of the most widely used drug policy strategies. In many nations, it is against the law to use or possess drugs, and those who do so face fines or even prison time. Punitive drug laws, however, have not been found to be successful in lowering drug use or the harms associated with it, according to research. Instead, they have increased the incidence of incarceration, having a disproportionately negative impact on underprivileged populations and sustaining racial and social inequality.Many nations have investigated alternate strategies in response to the shortcomings of conventional drug policy. Harm reduction is one strategy that seeks to lessen the harmful effects of drug usage. Providing access to clean needles, medications that prevent overdoses, and addiction treatment are a few examples of harm reduction measures. Harm reduction recognises that drug use is a complicated problem that cannot be resolved exclusively by prohibition and punishment.

Legalization is yet another alternate drug policy strategy. In order to make drugs legal, criminal sanctions for drug use and possession must be removed, and drug manufacturing, distribution, and sales must be governed. While several other nations have legalised cannabis for medical purposes, only Uruguay and Canada have made it legal for recreational use.By removing the criminal market and guaranteeing that drugs are produced and dispensed safely, legalisation has the potential to lower drug-related harms. Concerns exist, though, regarding the potential drawbacks of legalising, such as an increase in drug usage and addiction.The United Nations’ efforts to create a worldwide framework for drug policy have an impact on international drug policy as well. These agreements are made to encourage international collaboration in reducing drug supply and demand. However, the efficiency of these accords has been contested, with some contending that they continue harsh drug policies and give priority to the interests of strong nations. The criminalisation of drug consumption and possession for personal use has led to negative consequences for the health, security, and human rights of individuals and communities worldwide. It drives those most in need away from vital health interventions or places them in prison with significant implications for public health. Criminalisation fuels incarceration rates, overcrowded prisons and overtaxed criminal justice systems, placing individuals at increased risk of arbitrary detention and inhuman or degrading treatment while incarcerated. Treating drug possession for personal use as a crime intensifies discrimination. Individuals are in increased conflict with the law, which lowers their chances for employment, education and other opportunities for social inclusion.[1] The Commission on Narcotic Drugs (CND) reviews and analyzes the global drug situation, considering the interrelated issues of prevention of drug abuse, rehabilitation of drug users and supply and trafficking in illicit drugs. It takes action through resolutions and decisions.[2]

Moreover, it should be noted that drug policy is a complicated and dynamic topic that necessitates a thorough comprehension of the myriad problems related to drug usage. The effectiveness of traditional drug policies centred on criminalization and punishment has been demonstrated to be low, and they frequently contribute to inequality. Alternate strategies for minimising drug-related harms and treating drug use as a public health problem include harm reduction, decriminalisation, and legalization. The creation of drug policy necessitates an openness to novel approaches to this urgent societal issue.


A number of adjustments that have been made over the years have contributed to India’s evolving drug policy. Prior to independence, India’s drug policy was mostly unrestricted. The use of opium and cannabis, both for therapeutic and recreational purposes, was widespread in the nation. The Indian Hemp Medicines Committee Report, which advocated for regulating the cultivation and distribution of opium and cannabis, was adopted by the British government in 1857.

Upon its independence, India put in place a number of laws and rules to regulate the manufacture, sale, and distribution of pharmaceuticals. The 1940 passage of the Drugs and Cosmetics Act was intended to control the importation, production, distribution, and sale of medicines. The Act created rules for the labelling and packaging of pharmaceuticals as well as a system for the licencing of drug traffickers and producers.

India ratified the Single Convention on Narcotic Substances in 1961[3]. Opium, morphine, and cocaine were among the narcotic narcotics that the Convention sought to regulate in terms of manufacture, usage, and distribution. In order to control the cultivation, manufacture, and distribution of narcotic drugs, India had to enact a national drug control system as a signatory to the Convention.

The Opium Act of 1857 was replaced by the Narcotic Drugs and Psychotropic Substances Act (NDPS Act)[4], which was passed in 1985. The NDPS Act sought to offer a thorough framework for drug control throughout the nation. Drugs were divided into three categories under the Act: narcotics, psychotropic substances, and controlled substances. The Act also established strict rules for their production, distribution, and use.

The Medicines and Cosmetics Act[5], the NDPS Act, and several other laws and regulations currently govern India’s drug policy. The NDPS Act calls for the creation of a Narcotics Control Bureau to carry out the nation’s drug regulations. The Act also establishes rules for the rehabilitation and treatment of drug users.An increasingly widespread understanding of the necessity of a more comprehensive approach to drug policy in India has emerged in recent years. The construction of de-addiction facilities and the promotion of alternative livelihoods for drug farmers are only a couple of the actions the government has taken to combat the problem of drug misuse.

India’s drug policy has drawbacks. The government’s low funding has made it difficult for it to successfully administer drug legislation and offer sufficient treatment for drug addicts. Due to this, there is insufficient infrastructure, skilled employees, and funding to effectively combat the drug problem.The success of India’s drug strategy has been seriously hampered by corruption in law enforcement organizations. As a result, drug trafficking has been permitted to continue unabatedly because corrupt officials are turning a blind eye to the issue.By making drug users criminals, a large number of people have been imprisoned, which has led to social stigma and prejudice against them. Moreover, this has caused the overcrowding of prisons, which further makes the problem worse.


A number of adjustments that have been made over the years have contributed to India’s evolving drug policy. Although India’s drug policy has advanced significantly from the country’s pre-independence days, much more needs to be done to combat the problem of drug usage there. In the future, it will be crucial for the government to implement a more comprehensive drug strategy that emphasises the necessity of prevention, treatment, and rehabilitation. he government’s drug policy has contributed to a decrease in the availability of narcotics in India. The major law governing drug policy in India is the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which aims to reduce drug trafficking, possession, and usage.To inform the populace of the risks associated with drug usage, the government has launched awareness programmes. This has contributed to raising awareness of the negative consequences of medications and lowering the demand for them.For drug addicts, the government has set up treatment facilities. This has aided in the rehabilitation of drug users and the decline in drug-related crimes.


This article has been written by Roshni S, a Penultimate law student, Kerala Law Academy Law College, Trivandrum.

[1] https://www.ohchr.org/en/special-procedures/sr-health/drug-policy-and-drug-use

[2] https://www.unodc.org/unodc/en/commissions/CND/Mandate_Functions/policy-on-drugs.html

[3] https://www.unodc.org/pdf/convention_1961_en.pdf

[4] https://legislative.gov.in/sites/default/files/A1985-61.pdf

[5] https://legislative.gov.in/sites/default/files/A1940-23.pdf

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