by IJLMH | Sep 15, 2020
Cybercrimes use the computers, internet, human behaviour and other technology based mediums for the criminal misconduct. In the contemporary era, the technology-based devices help to increase the computer perpetrated crimes in the society; these crimes exist more stringently as it is difficult to apprehend the criminals. It becomes easy for the perpetrators to commit such crimes in today’s era as globalization has gifted us the fastest internet infrastructure facility at very low cost. Social media has become the part and parcel of everyone’s life, irrespective of the age group which is affecting the lives of the individuals, as these people share a lot of their personal and social life in the media through Facebook, Instagram and WhatsApp. It becomes a challenge for the intelligence bureau to catch the cyber criminals because, firstly, these criminals use the internet very cleverly commit the crimes and secondly, due to the ongoing technological developments which provides them platform for committing such crimes. These people are using internet as a tool and getting the information which is available in the pool of social media as well as other internet sources for committing the crime which in turn are violating the right to privacy of an individual. The criminals by using the digital communication channel hack the user and company profiles, and then they sell the stolen identities for their illegal gains. The RSA Anti-Fraud Command Center reported that, 43 percent fraud attacks were increased in the 2018 as the cyber criminals are finding new ways to exploit the social media. The researcher in this paper discussed the various ongoing cybercrimes on social media and need to harmonise the legal aspects of cyber security. The researcher also tried to discuss the measures for protection of individual’s rights from social networking sites and how they need to protect their data in the social media platform.
Keywords: Cybercrime, Social Media, Technological Advancement, Cyber Security, Privacy.
by IJLMH | Sep 14, 2020
The concept of Privacy is a widely accepted legal and moral notion all over the world except for some nations where it has uncertain legal and philosophical foundations and legal backing. In India itself, the much-awaited Personal Data Protection Bill is pending and the Present legal frameworks, such as the IT Act, The Telegraph Act, other Statutes and rules related to this issue are inadequate, in this modernized environment traditional moral concepts such as no intrusion theory and the freedom to act theory, are unable to protect the privacy of an individual. The control of information theory and the undocumented personal knowledge theory are philosophically better accounts but are open to counterexamples. A restricted access theory of privacy is developed and defended but it does not provide any assurance against the state or big players, we cannot say that present legal protections can provide full proof data security in this digital era. So, we need full proof security against all kinds of intrusion in our privacy.
KEYWORDS: Privacy, Monitoring, Data Protection, Personal Data, PDP Bill 2019.
by IJLMH | Sep 14, 2020
Marriage is a social institution and one of the important parts of Indian culture and tradition. Now, it is slowly opening its door for western culture which is totally different from Indian culture. One of the most critical incidents amongst it is the concept of live-in relationship that was not very clear in India until Hon’ble Supreme Court took a lead to fill the gap that was created in absence of any specific legislation. The idea behind cohabitation or conducting a live-in relationship is to test the compatibility of the partner, establish financial security before marrying, a way for polygamists to avoid breaking the law and couple consider their relation as being a personal and private matter which is not controlled by religious, political or patriarchal institution. This article attempts to highlight the present Indian Scenario related to live -in relationship which includes judicial and societal response towards it. It also deals with the international perspective of live in relationship by comparing it status in India with that of different countries in the world.
Keywords: Marriage, Live-in relationship, India, International, Succession rights, Legal status, Judiciary, Society.
by IJLMH | Sep 14, 2020
India has traditionally adopted the practice of raising funds from crowd through donations and other forms for various purposes. Crowdfunding is a similar model but with the use of web based platforms. Crowdfunding has gained popularity all over the world due to its benefits to the growth of small businesses. This paper aims to comprehensively understand what crowdfunding is and how it is regulated in India. The paper focusses on the nature of securities based crowdfunding to answer if it can be regulated within the existing regulatory regime i.e. under Companies law, securities laws and other regulations for angel investors. It also discusses SEBI’s apprehension and doubts regarding allowing securities crowdfunding without proper regulation. The paper further analyses the proposals of SEBI on regulating crowdfunding in India through its consultation paper. It provides a critical review of SEBI’s proposal to regulate crowdfunding and deals with the question of SEBI’s jurisdiction in dealing with crowdfunding regulation. It also analyses cross-border crowdfunding that is absent in the SEBI’s consultation paper on crowdfunding. The author concludes with the remark that SEBI’s proposal on regulation of securities based crowdfunding suffers from major loopholes which shall be addressed for its effective implementation and that crowdfunding should be regulated by a separate legislation which takes into account the very different nature of crowdfunding.
Keywords: Crowdfunding, SEBI, MCA, Crowdfunding Regulation, Securities based crowdfunding, Equity crowdfunding, public offer, private placement, Venture Capital Funds, Alternative Investment Funds, Angel Investors.
by IJLMH | Sep 14, 2020
The research attempts to review the existing law about Human Trafficking in India and the major concerns present in the act which are not addressed by the government. Since the Immoral Traffic (Prevention) Act was last amended in the year 1986, it lacks a lot of changes which are to be made for the act to fit in the present society. It also aims to highlight the problems in the act with the help of case laws as to ho the application of the act has somehow failed to grant the remedy. Some new techniques and measures are required in both short-term and long-term aspect to combat Human Trafficking. Like other countries where trafficking laws are much stricter than India, it must adopt such anti- trafficking laws to evade the Human Trafficking issue. The organs involved in the Criminal Justice system should work together to safeguard the country from Human Trafficking.
Keywords: Human Trafficking, Immoral Traffic, Prostitution, Brothel.
by IJLMH | Sep 14, 2020
The rising concern over the NPA and bad debt recovery of banks are making the banks weak. To reduce the number of Non-performing Assets in the banking sector, people started to prefer the way of mergers and acquisitions of banks. The weak banks can be merged/ acquired by the strong banks, so that the interest of the depositors can be protected. The restructuring of banks not only protect the interest of the depositors but also increase the synergy, growth, economy of scale and other benefits. There are some adverse effects of the mergers/acquisition of the merger/acquisition of banks. The RBI and central government have made strenuous efforts to make the mergers/acquisition in banking sector feasible but it did not attain complete feasibility and complexities are still exist in the framework. This paper seeks to study on the different procedures of mergers/acquisitions of banks available in the statue and the protection given to the employees during the merger/acquisition.
