Submission of Assignment I (Group Assignment)

to the
Panel of Examiners

1. PM 1 JEFFY JOHNSON
2. PM 2 SHIVANI DUTTA

in July_25/07/2022, 2022 at Room No. _______

for

Semester 6TH, Course- B.A.LLB, Section- “B”, AY- 2021 - 22

prepared by

Group ID 6B1
Assignment Option BLOG PAPER

Group Members

1. Abhinav Kaushik.
2. Ajay M Patil.

tutored by

M.S JEFFY JOHNSON.

Bengaluru 2022
 Christ Nagar, Hullahalli

Dated _20/07/2022_

TO WHOMSOEVER IT MAY CONCERN

This is to certify that this Group Assignment is a bona fide work of 1. Abhinav Kaushik,
2.Ajay M Patil, pursuing B.A.LLB, Section “B” in Semester 6th at Christ Academy Institute of
Law, Bengaluru.

This Assignment was completed under my supervision and guidance.

(M.S JEFFY JOHNSON)

Tutor
(Asst. Professor)
Christ Academy Institute of Law, Bengaluru
Email ID- jeffy.johnson@calaw.in
 Women and law in the Muslim world
(BLOG POST)

INTRODUCTION
Today, the problems of lady's rights in Muslim personal Law are very controversial. Specially,
Muslim women's rights referring to marriage, triple talaq divorce, inheritance, and maintenance
possess much consideration nowadays. Some authors have supported that, Muslim personal laws
have given diverse rights to Muslim women like preference in marriage, inheritance etc. The
thought presented during this chapter is divided, starting with an entire summary which pertains
to marriage, right to property, inheritance, and divorce. during this line, this research paper
attempts to investigate the ongoing dispute on the implications of Muslim Personal Law in India
and suggests various solutions to empower Muslim women.

Marriage Under Personal Law

Marriage is defined to be a contract which has for its object the breeding and therefore the
legalizing of kids. of course marriage is a sign of the gift of Allah. In India, Marriage among all
sets of Muslims is sometimes solemnized by persons accustomed to the necessity of law and they
are chosen as Kazis or Mullas. Women’s trouble within the perspective of marriage is rooted
within the icon of her as a dependent passing from the charge of her father to it of her husband,
but in keeping with Islam, women enjoy equal rights of selection or choice. The Muslim woman
has the freedom of marital choice, her assent is important for the validity of the wedding
contract. The Islamic laws have accepted women as free and responsible members of society,
and have assigned them an expedient position. Muslim wife maintains their distinct individuality
even after marriage and he or she never assumes their husband’s name. Islam has treated women
with a great sense of pride.

Divorce (Talaq) Under Personal Law

Muslim intellectuals are to initiate measures for drafting a comprehensive law duly codified
which can embody the Quran spirit. Triple Divorce and unregulated polygamy have often been
the explanation for attacks on otherwise quite progressive Islamic personal law. Polygamy might
not be abolished completely but is strictly regulated as directed by the Quran. The other major
trouble is that of triple divorce in one session. If the wedding was consummated, a wife may
marry an extra person after the completion of iddat, if the wedding wasn't consummated; she is
liberal to marry immediately. If the matrimony was consummated, the wife was unrestricted to
payment of the full of the unpaid dower, both on time and overdue. Khula means to release and
Mubarak means mutual separation, which are two types of divorces by the wife with the assent
of her husband. The Muslim Personal Law Application Act 1937 also recognized the rights of
the wife to accumulate divorce on two further grounds, i.e. Ila & Zohar. The divorced wife is
entitled to urge maintenance from her ex-husband till she observes iddat which varies during
different periods in numerous cases.

Property Rights Of Muslim Women

Much just like those of ladies of any longer country, property rights of Indian Muslim women
have evolved out of abiding struggle linking the grade quoits and also the progressive forces.
Indian Muslim women always want to get fewer rights in terms of a right to property in contrast
to male. As we all know Muslim law hasn't codified the property rights of Muslim women
neither the Shias nor the Sunnis. However, Ma-hr could be a key concept in sharia law which is
unswervingly connected with the correct property of the Muslim women and empowerment of
the ladies. 1Ma-hr is largely named as a gift which becomes due from a Muslim husband to his
wife on marriage as a token of admiration symbolizing his honesty and love for her. Maintenance
And Inheritance For Muslim Women Under Personal Law 2The personal law statutes governing
a Muslim woman’s right to maintenance are the Dissolution of Muslim Marriage act, 1939, and
also the Muslim women Act, 1986. The Muslim law of Maintenance differs from the law of
maintenance in most other systems of law, except for the wife, in most cases the duty of a
Muslim to keep up with another arises as long as the claimant has no means or assets out of
which he or she will maintain herself or himself. Reasonable and fair provision and maintenance
to be made and paid to her within the iddat period by her former husband A Muslim include a
personal obligation to take care of his children but it's not an absolute obligation. A father is
absolute to maintain his female children until they're married. A Muslim widow has no right to

1
Bare Act of Muslim law in India
2
Shairat act 1937
maintain out of her husband’s estate additionally to what she got by inheritance as his wife. In
1986, The Muslim Women Act 3was passed.

Inheritance
According to the law of inheritance, the person’s sex, age, order of birth or marital position
doesn't comprise an obstacle to inheritance. during this organization, no division was made
between father and mother, first-born child and last-born sons. Whatever disparity in share there
was amid the hires, it was proposed to correspond with their particular responsibility and
obligations, in line with the lineal immediacy. An example of- a case where a male inheritor gets
more share than the feminine 4 is the one mentioned above, that's when the decedent is survived
by sons and daughters. In this case, the son for eternity gets the maximum amount because of the
two daughters’ share of the estate. The mother of the decedent is additionally one of all the
connections that are specific within the Quran5. His wife gets one-eighth of the estate, the
daughter gets one-half, and therefore the father gets 9/24th of the decedent’s estate. Here, both
the wife and also the daughter got extra than the family. The first female Quran hires is the wife.
A wife inherits one-fourth of her husband’s chattels if they don’t have children and one-eighth of
her husband’s property if they had children or children’s sons.

3
1986
4
having qualities or an appearance traditionally associated with women.
5
The Quran, also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a
revelation from God.
Bibliography
Case Citied
• Shayara Bano v UOI AIR 2017 9 SCC 1(SC)
• Bai Tahira v Ali Hussain AIR 1979 SC 362
• Mohd Ahmad Khan v Shah Bano Begum AIR 1985 SC 943
 CSR & GOVERNANCE ISSUES UNDER COMPANY LAW
Introduction: -
An increasingly important aspect of CSR is that the popularity that sound practices are often
based on good standards of corporate governance. Good corporate governance provides the
foundations of fantastic CSR by creating value-creating relationships with all stakeholders.

Need for CSR: -

• Better public image
• Conversion of resistances Into Resources
• Long term Business interest
• Avoiding Government intervention
Is CSR mandatory for each company in India?
Section 135 applies to each company registered under the Indian Companies Act that (1) is a
private or public company or a subsidiary of a foreign company and (2) has a net worth of 5
billion Indian rupees (approximately $69,887,550) or more, a turnover of 10 billion rupees
(approximately $139,775,100) or more, or a net income of 50 million rupees (approximately
$698,850) or more during the preceding fiscal year.
Schedule VII of the Indian Companies Act 2013 provides an illustrative list of CSR activities,
which opens a good range of possible activities. The Ministry of Corporate Affairs has clarified
that this is often “an illustrative list and must be interpreted liberally.”

Corporate Governance: -
6
Corporate Governance is that the new golden term coined in the corporate sector in the late
1990’s by the Industry Association On Confederation of Indian Institute which was the first
initiative in India as a voluntary measure to be adopted by Indian companies. The second major
initiative was taken by Securities and Exchange Board of India (SEBI) as Clause 49 of the
Listing Agreement. The third key initiative to effectively introduce Corporate Governance was
taken by Naresh Chandra Committee and Narayana Murthy Committee who previewed
Corporate Governance model working in companies from the point of view of shareholders,
investors and other stakeholders of the corporate . Corporate governance guidelines both

6
Official website of Ministry of Corporate Affairs, GOI
mandated and voluntary have evolved since 1998, thanks to the sincere efforts of several
committees appointed by the Ministry of Corporate Affairs (MCA) and the SEBI. the
important change in the corporate sector could be felt with the introduction of 2009 Mandatory
Corporate Governance Voluntary Guidelines which has to be complying by companies listed on
stock exchange by Clause 49 of Listing Agreement. the ultimate assent to Corporate Governance
practices in the effective management of the company can be seen as introduction to new
significant provisions introduced in the Companies Act, 2013 in sort of independent directors,
women directors on the board, corporate social responsibility and mandatory compliance of
Secretarial Standards issued by Institute of Company Secretaries of India as per Section 118 of
Companies Act, 2013.
Corporate governance is that the system by which companies are directed and controlled. Boards
of directors are responsible for the governance of their companies. The shareholders' role in
governance is to appoint the administrators and therefore the auditors and to satisfy themselves
that an appropriate governance structure is in place.

Issues and challenges of corporate governance: -

Corporate Governance is actually all about how corporations are directed, managed, controlled
and held accountable to their shareholders. In India, the question of Corporate Governance has
come up mainly within the wake of economic liberalization and de-regularization of industry and
business.
With the rapid pace of globalization many companies are forced to tap international financial
markets and subsequently to face greater competition than before. Both policymakers and
business managers became increasingly conscious of the importance of improved standards of
Corporate Governance.

Aims of Corporate governance: -

Good governance is an integral to the very existence of an organization. It's nothing quite how an
organization is administered or controlled. Good governance inspires and strengthens investors'
confidence by assuring company's commitment to high growth and earnings. the need for the
growth of corporate governance concept is of course and basically deals with to achieve objects
of corporate governance.
The system of corporate governance is to understand the specific goals to fulfilling long- term
strategic pretensions of owners. To taking care of the interests of employees. To consideration
for the atmosphere and regional community to maintaining excellent relations with guests and
suppliers. To fulfil all the applicable legal and regulatory conditions.

CSR and company Governance: Two Sides of the Same Coin:

The role of the board of directors and therefore the management is especially critical since they
are the final arbiters of the actions of the companies. The buck stops with them and hence they
need to ensure that the companies that they represent are run effectively and at the same time
take into account the social and the environmental concerns. it's not without basis that companies
like Dow Chemicals and Pfizer are routinely accused of malfeasance and unethical behavior
since they have outstanding liabilities as a result of their past actions. On the opposite hand,
companies like Unilever and Infosys are often delayed as examples of the way in which effective
corporate governance can be practiced. the selection for other companies is clear: either they set
their own house in order and comply with social and environmental norms or they run the risk of
a sullied image among the investors and the consumers at large.
The next aspect is that the employees and the stakeholders including the shareholders have an
important function to perform as far as the twin objectives of good corporate governance and the
practice of CSR are concerned. Since effective corporate governance means internal democracy
and external responsibility go hand in hand, all the stakeholders have a requirement towards the
company to persuade the management to follow ethical and social norms of doing business. this
is often a manifestation of what has been called shareholder activism and stakeholder
involvement which means that the entire stakeholder and the shareholders can exercise power
over the actions of the board and the management to steer them towards the practice of good
corporate governance and CSR.
Finally, the pressure groups and therefore the consumers at large can vote with their wallets and
their unrelenting focus on the actions of the corporates to bring about effective corporate
governance. because the cliché goes, charity begins reception and hence corporates need to
ensure that their internal governance models are robust before they embark on
CSR. last, there's a mass awakening of sorts that is happening with society at large waking up to
the need for corporates to be ethical and socially responsible and conscious. Hence, no corporate
can afford to ignore the tell-tale signs of consumer and stakeholder specialise in these aspects
 RIGHTS & LIABILITIES OF A MORTGAGEE
(BLOG POST)
Introduction: -
It is an agreement between the borrower and the money lender/financier/banker, where the lender
is empowered to seize the mortgaged property of the borrower in default of repayment of the
debt with interest. In other words, a mortgage is the conditional conveyance of immovable
property devised to serve as a security for payment of money (loans) or fulfilment or
performance of specific contractual duties.
Who is a Mortgagee?
7
A mortgagee is a person on whose favour the interest of the immovable property is transferred.
For example, S loans G, S wants her amount to be secured. For that, G has transferred an interest
in his immovable property to S. G authorizes S to sell his property in case of loan default. Here,
S is the Mortgagee, and G is the Mortgagor.
Rights of mortgagee: -
The Mortgagee is the person to whom the property is transferred. He holds catena of rights
against the property and the Mortgagor as well.
Following are the rights of Mortgagee in a contract of mortgage
Right of Foreclosure: -
8
Section 67 of the Transfer of Property Act, 1882 vested the Mortgagee with the right of
foreclosure. This right emancipates the Mortgagee to take the collateral on loan when the loan
payments have defaulted. The two pivotal rights that terminate a mortgage are the right to
foreclosure and the right to redemption. Both the rights are co-extensive despite the fact that the
former is provided for the Mortgagee (who claims to recover his outstanding loan money that has
became due), whereas, the latter is for Mortgagor (who has paid the money back and is now
entitled to take back the mortgaged property).
Right to Sue: -
Pursuant to Section 68 of the Transfer of Property Act, the following are circumstances, under
which a Mortgagee can sue for mortgage money,
1. Default in repayment – The Mortgagor had failed to repay the mortgage money, which he
has to pay.
7
Snegapriya, Rights & liabilities of mortgagee, lawcorner.in
8
Transfer of property bare act 1882
2. Destruction of the mortgaged property – The immovable property has wholly or partially
been destroyed. But, it is not because of the wrongful acts of parties to the mortgage.
3. Insufficient security – The security is insufficient within the meaning of Section 66 of the
Act, as The Mortgagor had failed to provide sufficient security in spite of being given a
reasonable opportunity to do so.
4. Deprivation of security – The Mortgagee has dispossessed his security due to the
wrongful act of the Mortgagor.
5. Non-delivery of the possession – The Mortgagee is entitled to possess the mortgaged
property but deprived of the same as Mortgagor failed to deliver it.
Right to Sell: -
Unlike the aforesaid provisions, this Section 69 of the Act emancipated the Mortgagee to sell the
mortgaged property without the court intervention. As per this Section, the Mortgagee or his
representative is authorized to sell the mortgaged property after the repayment becomes due, but
this right is limited to the following three cases,
1. Where the mortgage is an English mortgage i.e. parties to the mortgage do not belong to
the community of Hindu, Muslim, or any other race or sect notified by the state government.
2. Where the Mortgagee is government, and such Mortgagee’s power of sale without the
intervention of the court has conferred by an express provision of the mortgage deed.
Right to appoint a receiver: -
Section 69A of the Transfer of Property Act dealt with the appointment of a receiver by the
Mortgagee. Clause (3) of the Section defines the receiver as the agent of the mortgagor. Withal,
he will be made liable for all the acts and defaults of the receiver, unless and until it is the
resultant of the Mortgagee’s intervention. Primarily, the mortgaged property belongs to the
Mortgagor. Therefore, he has the right to look after that mortgaged property through the
appointment of a receiver. In the first instance, the Mortgagor has to appoint a receiver, and his
name must be mentioned in the mortgage deed. But, this Section vests Mortgagee with the right
of appointment a receiver upon the dead or refusal of receiver nominated by the Mortgagor.
Right to accession: -
Section 70 of the Act provides that the mortgagee is entitled to avail the accession made to the
mortgaged property after the mortgage date. Again, this right will be shunned following the
prevalence of a contract to the contrary.
Right to a renewed lease: -
As per Section 71, if the Mortgagor obtains a renewal of the lease since the mortgaged property
is a leasehold property. The Mortgagee has entitled to take benefits of the new lease as the
property is still in his possession, and the Mortgagor has not redeemed it yet.
Right of the Mortgagee to spend money on mortgage-Property: -
If ever, Mortgagee happened to spent on the mortgaged property so as to preserve it from
destruction or for other reasons given under Section 72 of the Act, he may add such expenses to
the principal money at the same rate of interest. In the absence of a fixed rate of interest, it is
payable at the rate of 9% per annum
Liabilities of Mortgagee
9
Since the Mortgagee is the person, who loans Mortgagor against the security of the mortgaged
property, during the continuance of the mortgage he takes possession of the property, he must
look after the same till then the right of redemption is exercised by the Mortgagor. Thus, besides
the rights, the Mortgagee is bound to discharge certain duties until he relinquishes the possession
of the mortgaged property upon the settlement of the outstanding money.
Conclusion
The Transfer of the Property Act is one collective and codified law that espoused the concept of
conveyance of property. By the virtue of this Act, the transfer of immovable property from one
person to another has made more righteous and just devoid of deception. Thereby, the parties
taking part in the transaction have been provided with certain rights and liabilities, specifically in
a mortgage, both the parties i.e., Mortgagor and Mortgagee have to abide by the provisions of
mortgage deed and Transfer of Property Act as well. The legislative intent of this Act is to
proscribe the commission of fraud on transactions.

9
Rhea Banerjee, Liabilities of a mortagagee, law gurus.in
 COMPETING VIEWS ON ABOLITION OF CHILD LABOUR
(BLOG POST)
Introduction: -
Child labour means the exploitation of youngsters through any form of work that deprives
children of their childhood, interferes with their ability to attend regular school and is mentally,
physically, socially and morally harmful. Such exploitation is prohibited by legislation
worldwide although these laws don't consider all work by children as child labour; exceptions
include work by child artists, family duties, supervised training, and a few forms of child work
practiced by Amish children
Problem of child labour: -
Child labour is especially necessitated by economic compulsions of the parents. the most reason
which gives rise to child labour is widespread unemployment and underemployment among the
adult poor strata of the population, inter alia, thanks to sharp growth of population. Large
families with low income and sometimes lack of educational facilities, illiteracy and ignorance of
oldsters about the importance of education as well as about the impact of labour on the health of
their children are some of the reasons which breed child labour.
 Abolition of child labour: -
10
The abolition of kid labour in underdeveloped countries is often held to be practically infeasible
because it would entail closure of the economic activities which exist only because of access to
such labour. Abolition, therefore, would scale back the earnings of poor households whose
survival strategies, within the context of adult unemployment, depend upon incomes derived
from the practice.
The Child Labour (Prohibition and Regulation) Act, 1986
11
A "Child" is defined as a person below the age of 14 and the CLPR Act prohibits employment
of a Child in any employment including as a domestic help (except helping own family in non-
hazardous occupations). it's a cognizable criminal offence to employ a Child for any work.
Children between age of 14 and 18 are defined as "Adolescent" and therefore the law allows
Adolescent to be employed except in the listed hazardous occupation and processes which

10
Vinay Oberoi, Scrapping of child labour, wikilinks
11
Bare act of child labour (Prohibition & Regulation) Act 1986
include mining, inflammable substance and explosives related work and the other hazardous
process as per the Factories Act, 1948
Causes of child labour in India
In India, the main causes of child labour are:
1. Poverty: Children are considered helping hands of their family. In developing
countries, it's almost impossible to control child labour as children not only have to support
themselves but their families also and provide them with a living. thanks to poverty, the speed of
unemployment and underemployment are also very high and so the parents have to send their
children to work on low wages.
2. Previous debts: thanks to their poor economic condition people take loans. But they don’t have
sufficient money to pay back the loans in order that they not only work day and night to pay off
the loans but they also drag their children to work so that the loan could be paid off before time
and easily.
3. Professional needs: Some industries require delicate and soft hands instead of rough hands that
are required in bangle industries. in order that they prefer children and not adults for such work.
4. Bonded labour: Children often work for long hours within the sun and they are deprived of
water, food. These children are seldom paid. Bonded labour further adds to the massive scale
increase in child labour.
Consequences of child labour
Children are susceptible to accidents and many other types of hazards at the workplace. Such
injuries cause them social and economic harm, the effect of which continues for his or her entire
lives. General injuries like cuts, burns, lacerations, fractures and dizziness are quite
common. sexual assault, STDs, HIV/AIDS, drugs, alcoholism, sexual exploitation of women,
rape, prostitution also are the consequences of child labour. They also face physical neglect in
food, clothing, shelter and medical treatment. due to this, they're not able to go to school which
deprive them of basic education due to which they have to live in poverty. Emotional neglect is
additionally the consequences of child labour. Children are susceptible to physical abuse
including beating which often leads to a physical deformity.
Consequences of child labour in India
Child labour affects the economic welfare of a rustic to a great extent. Children who
work aren't able to get an education and they are not able to develop themselves physically,
intellectually, emotionally, and psychologically. Children are neither adequate to adults nor do
they have the strength that the adults have and so they are not able to work for longer hours
because they totally become exhausted and this reduces their physical strength which makes
them more prone to diseases.
For India, child labour has future adverse effects. The economy of a rustic will only prosper
when the country will have an educated workforce, skills, technology and therefore the younger
generation will be a part of human capital in the future. If child labour at an enormous extent
continues then there will be a trade-off with human capital accumulation. 70% of kid labour is
employed in agriculture because it requires less skilled work whereas other children are
employed in heavy industries.

Conclusion
Child labour remains a problem before the nation. the varied measures have been taken by the
Government to deal with this problem of child labour actively. However, thanks to the socio-
economic problems like poverty, illiteracy which are the most cause of child labour, it can't
be solved unless and until there are collective efforts of all the members of the society. If every
individual takes the responsibility of kid labour, then this problem can be solved and we can
have a better and developed India. If the general public supports the functions of the
Government, then the problem of child labour can be controlled to a great extent. it's important
to spread the awareness about the evil of child labour and make people understand that it is
important for a child to grow and enjoy his/her childhood as they are future of our country.