Volume I - Issue II / 2018

“Falsus in uno, falsus in omnibus” is a Latin term which means "false in one thing, false in everything." It in fact is a legal principle in common law that a witness who testifies falsely about one matter is not at all credible to testify about any other matter. Though this doctrine has been rejected by many common law jurisdictions, but it has survived in some American Courts. The reason behind abandonment of the said doctrine as a formal rule of evidence is that it has no relevance. It is now applied as a rule of permissible inference which is basically dependent upon the jury to decide. But many Courts still apply this doctrine. Therefore, a witness who willfully gives false statements or testimony, then he or she cannot be credible in any other matter

In India, the essence of judicial review is the supremacy of law. It is the power of the court to review the actions of legislative, executive and judiciary. It is the great weapon in the hands of the court to hold unconstitutional and unenforceable any law and order which is in conflict with the basic law of the land. This paper will deal with the various doctrines formulated by the Apex Court on the basis of judicial review, for e.g., Doctrine of Severability, Doctrine of Eclipse, Doctrine of Prospective Over-ruling etc. The paper will also focus on Judicial Review of Constitutional Amendments, Judicial Review of Legislative Actions and Judicial Review of Administrative Actions. The paper will further look into the stand of judicial review in USA and UK. Judicial review had mainly originated in USA from the notable landmark case of Marbury vs. Madison. But originally Lord Coke’s decision in, Dr. Bonham vs. Cambridge University had rooted the scope of judicial review first time in 1610 in England. This paper will discuss as to how the U.S. Constitution does not provide power of judicial review expressly but Articles III and VI of the U.S. Constitution touch down this concept. There being no written Constitution in UK, the paper will also deal with the principle of “Parliamentary Sovereignty” which dominated the Constitutional democracy. Parliament Supremacy in UK incorporates the will of the people and the Courts cannot scrutinize the actions of Parliament. Parliament prevents the scope of judicial review to primary legislation except in few cases related to human rights and individual freedom. But secondary legislations are subject to judicial review. Court can review the administrative and executive actions in UK. Through this paper the author has made an attempt to present a comparative analysis of judicial review in India, U.S.A and UK

A video conference is a set of interactive telecommunication technologies which allow two or more locations to interact via two way video and audio transmission simultaneously. It has also been called visual collaboration and is a type of groupware [1] .It was only in the 1980s that digital telephony transmission networks became possible, such as ISDN, assuring minimum bite rate (usually 128 kilobit/s0 for compressed video and audio transmission. The first dedicated system, such as those manufactured by pioneering VTC firms, like Picture Tel, started to appear in the world. Video teleconference system throughout the 1990s rapidly evolved from highly expensive proprietary equipment, software and network requirements to the general public at a reasonable cost [2] . Finally, in the 1990s IP 9 internet protocol) based video conferencing became possible, and more efficient video compression technologies were developed, permitted desktop, or personal computer based video conferencing. In 1992 CU-See Me was developed at Cornell by Tim Dorcey et al., IVS was designated at INRIA, VTC arrived to the masses and free services, web plugins and software, such as Net Meeting,MSN Messenger, Yahoo Messenger, Sight Speed ,Skype and other brought cheap, albeit low-qulity, VTC. [1] Fabio Giacomini and Mohd. Hasan Zaidi, Electronic Evidence (Lucknow: Alia Law Agency.), 107. [2] Ibid.

The Indian economy has been plagued with bad debts for many years. The Insolvency and Bankruptcy Code, 2016 (“ Code ”) is one of the most landmark reforms introduced by the Modi Government as a respite to the frailing economy. The Code remains under constant scrutiny and progress and has witnessed several amendments over the last two years. One of the most iconic amendments to the Code is the Insolvency and Bankruptcy (Amendment) Act, 2018 (“ Amendment Act ”) which was enacted with the primary objective of streamlining the corporate insolvency resolution process prescribed under the Code. In this paper, the author has made an attempt to shed some light on the key changes introduced by the Amendment Act and critically analyze their impact on the ever-evolving Indian insolvency and bankruptcy regime.

“ The safest way to double your money is to fold it in over once and put it in your pocket .” - Frank McKinney Hubbard The overall aim of this research paper is to focus on restructuring of banks by way of mergers and acquisitions. Indian Banks are observing growing NPA’s (Non-Performing Assets) due to the slowdown in the Indian economy and high interest costs. The term, merger or acquisitions, is characterized, assessed and utilized diversely in various controls. For example, financial researchers suggest that merger is the type of market for corporate control that emerges because of financial, administrative, or innovation. Similarly, financial experts showed that acquisition is a decision of accounting experts whereas merger is a mix or amalgamation of at least two asset reports. Various factors are involved with mergers and acquisitions and they frequently require the inclusion of different consultants, for example, investment lawyers, legal advisors, accountants, and deal managers. Mergers and acquisitions can have extensive effects on the business group, the companies engaged, and the organizations' workers, financial specialists, and customers. While, strategy analysts states that (M&A) is an inorganic development and fundamental option, which helps a business venture in accomplishing fast development than that of achieving usual progress. Truly, M&A idea is initially developed in the western part and from there on, eventually expanded in rest of the world because of innovation, economic integration and globalization. The Indian Commercial Banking Sector, which has assumed a crucial part in the country’s monetary advancement, is now going through an energizing and challenging stage. With the commencement of economic modifications, the banking sector in India has set out upon mergers and acquisitions to catch the synergistic advantages like economies of scale and degree, even with increasing competition from local and also remote players and quick innovative improvements. A few research contemplates merger related review in keeping money and these investigations have received one of the two methodologies, in view of either book-keeping data or market costs. The main phase of the exploration assesses the effect of merger on money related execution of consolidating business banks in India by examining the bookkeeping construct data, for example, Return on Assets (ROA), operational costs and efficiency and productivity gains. A merger is required to improve execution of the amalgamation elements, if the following change in accounting based measures is superior to the change in the execution of similar banks that were not engaged with mergers. The findings demonstrate that while there is noteworthy distinction in a largest part of business and efficiency parameters before and after merger, the outcomes additionally point to the way that there is no huge contrast in a significant number operational and benefit factors. The outcomes are, best case scenario blended. The second phase of the exploration analyzes the post-merger efficiencies of the select business banks utilizing the non-parametric Data Envelopment Approach (DEA). It is better for the country to have less but healthier banks

As a UN organization, the WHO has a constitutional mandate to initiate the development and facilitate the adoption of international treaties, such as a framework convention. The WHO has been encouraging the adoption of national laws and regulations for tobacco control for a long time but this was the first time it used its constitutional mandate to facilitate the creation of an international framework convention specifically focusing on the global public health issue of tobacco control. The WHO FCTC is the first ever international public health treaty of any kind. The Indian Act, whose enactment preceded the adoption of the WHO FCTC by the World Health Assembly, goes beyond the obligations set out in the WHO FCTC in many respects. It provides clearly prescribed requirements in key areas such as on prohibition of smoking in public places, ban on advertising of tobacco products, packaging and labeling and sale to minors. The article highlights the importance of the WHO FCTC and discusses its key provisions to control the use of tobacco and also enlightens about the obligations on the part of member countries of WHO

The construct of law, in any society, is solely dependent on the rudimentary traits of human behavior. Hobbes identified law as that of public conscience. This definition pinpoints to the idea that law is just, only when it combines coherent social behavior, adhering to a collective consciousness that is contrived upon shared beliefs, ideas and moral attitudes. This correspondence between the law and human behavior is propounded by the Natural school of Jurisprudence, wherein it is identifiable that there are certain innate human qualities that dictate the composition of law. Therefore, diagnosing deviant behavior patterns is crucial for the classification of crime. Nevertheless, it is safe to assume that India lacks a standardized profiling study on crime. Central Forensic Science Laboratory (CFSL) under the Central Investigation Bureau (CBI) is the only authority to such criminal behavior studies, but however a uniform method of classification is absent. According to an article published by the Press Trust of India (PTI), the A total of 9635 cases are pending with CFSL as on October 31, 2016. ­­­­This is a case study aiming to gather reports on several infamous criminals and to formulate similar models of behavioral profiling, with respect to the international studies on criminal behavior. Through this quantitative analysis, this research paper aims to ascertain that law and human behavior are co-existential and that it is a domain that associates the disciplines of sociology, psychology and criminology. The theory of social strain typology proposed by Robert K. Merton sheds light on the concepts of deviant behavior and is complemented by the theories of conflict and structural functionalism. The main objective of this study is to analyze certain behavior patterns which can be determinants for criminal profiling, under the guidance of the studies conducted by several behavioral science investigation units. The penology of these crimes and their characteristics is also extensively discussed based on the legal provisions available to the containment of crime, in the light of the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC)

The cyber or the virtual world is evolving tremendously since the past and is continuing, so is the faith of consumer in this complex atmosphere is becoming important question. The cyber world in now becoming a huge platform for trade and commerce (for selling and buying of goods and services). Ecommerce can be defined as this buying and selling of good and services over the internet. There is a dramatic advancement in the networking facilities all over the world, now the consumers are offered several advantages of competitive prices, various choices, easier delivery services etc. there are various lucrative great opportunities that are offered on the online platform (example e-banking and online payments). Thanks to this growth of internet for the competition and convenience of the consumer that they are able to enter easily into any commercial transaction sitting inside home. There are concerns such as online identity theft, phishing, data privacy, salami attacks etc. and many times small but reoccurring problems such as product not delivered or the product does not confirm to the actual description are the usual affair. In such situations the buyer is often left without any remedy because of various loopholes in our laws that are concerned with these issues. In a vast country like ours it is generally not that easy for our legislators to make laws protecting the rights of the consumer in e commerce or otherwise in the virtual world as it is apprehended that such a legislation may hinder the development of trade and commerce through the cyber platform due to hasty legislation. This essay analyses the environment and tries to suggest how to accustom to the current situation and enforce fair practices, information disclosures, privacy and payment protection, consumer education and dispute resolution.

Oxford dictionary defines Minister as head of the Government department. Merriam Webster says Minister is a high officer of state entrusted with the management of a division of governmental activities. Wikipedia’s view is- “A minister is a politician who holds public office in a national or regional government, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the "prime minister", "premier", "chief minister", "Chancellor", “President” or other title.” “A person appointed by or under the authority of a sovereign or head of a government to some high office of state, especially to that of head of an administrative department. The term minister comes from Middle English, deriving from the Old French word ministre , originally minister in Latin, meaning "servant, attendant", which itself was derived from the word 'minus' meaning ‘less’ ”. Constitution of India did not define Minister but in Article 74(1) of our constitution says:-“There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice”. Section 9 of Government of India Act,1935 is the synonymous provision to Article 74(1) of our Constitution. I traced to the history to elaborate more what may be or have the missing link since incorporation of Constitution of India. Though Minister was there in ancient India; Chanakya was the Prime Minister of Chandragupta Maurya. Minister had to play a significant role for the development of the kingdom. Britishers captured two third of the world and implemented common law system in their colony. This research tries to analyse qualification of Minister- does it has any significance to build a great nation?

“Trans people deserve something vital. They deserve your respect and from that respect comes a more compassionate community, a more empathetic society and a better world for all of us.” - Caitlyn Jenner Homosexuality as the word itself defines is making of love within the same sexual orientation or having a romantic interest in the person of the same gender. It is a type of sexual orientation which together makes a LGBT group which stands for Lesbian (referring to female homosexuality), Gay (referring to male homosexuality), Bisexual and Transgender confining homosexuals, bisexuals and transgender. As biologists say, it occurs in people not out of choice but by the interplay of hormones and genes which becomes the sole reason of its prevention from being condemned. As society has an age old practice of not accepting changes easily, be it modernisation, acculturation or a new type of sexual orientation, it has not yet accepted the emergence of the transgender or homosexuals in the society. Such people are still the victims of humiliation and condemnation. They do not possess liberty to make out their love to the one they want. The world had a long battle of transforming the society which includes the general acceptance of homosexuals all over the world. Many countries like France, Australia and Germany etc. have survived the battle but some countries like India and Pakistan are still struggling hard. The major issue of discussion is the country called India where even after so many years of Independence, people are finding difficult to open up their minds, to accept Trans people as normal human beings in the society. Even the Supreme Court in the case of Naz Foundation v. Govt. of NCT, New Delhi held the view in negative and states that the Indian Society has not yet grown up to accept same sex marriage in their periphery. The decision was highly criticised by the LGBT community and as of now they have understood that still they have a long battle to fight in order to get their rights.

It is a well-known fact that discrimination either racially or based on ethnicity is a moral wrong and also it is violating the right to equality. The Justice system we have in every country differs. It’s all about ensuring safe environment and solving disputes in an orderly manner. Further, even in today’s world there is racism’s existence. In every society at least one person is being racially discriminated. According to the Indian Constitution, Article 14 of the Constitutions says that “The state shall not deny to any person equality before the law or the equal protection of laws within the territory of India Prohibition of discrimination on the basis on grounds of religion, race, caste, sex or place of birth”. In India, the laws related to discrimination is the Anti-Discrimination and equality bill, 2016. The Australian Human Rights Commission have got in the laws that operate at the federal level and these laws help safeguard their citizens from being racially discriminated: Age discrimination Act 2004, Racial discrimination act 1975 . In the US, the laws related to racial discrimination are The Civil Rights Act of 1964, The Equal credit opportunity act, Voting Rights act of 1965. In UK, we have the Race relations act of 1965, International convention on the elimination of all forms of Racial Discrimination 1965

Make in India is an initiative of the Government of India to encourage multi-national, as well as domestic, companies to manufacture their products in India. It was launched by Prime Minister Narendra Modi on 25 September 2014. When you import goods from another country, the lead time for you to order and bring goods to India is much higher, while if you manufacture in India, the lead time gets reduced, say from four to five weeks to two to three weeks. That was a key reason for the decision to "make in India”. It is a challenging area to try to maintain the business and make it successful within the constraints of an economy like India, because for producing export quality goods for both domestic consumption and exports manufactures should be supported by a wide enough consumer base for good quality products. Therefore manufacturer are encouraged to keep costs down, thereby limiting their ability to move up the quality index. In the circumstances, India's manufacturers have two choices - 'Make for India' or 'Make in India' for export markets. “Make in India” and “Make for India” are qualitatively different choices. The former leaves the manufacturers entrapped in a low-level equilibrium, exit from which is very difficult. The latter choice - 'make in India' for external markets - requires technological and professional expertise, which only a handful possesses, and an enabling infrastructure and policy environment, which is sorely deficient. A lot of reforms are needed to make foreign direct investment (FDI) into India more attractive to doing business, India isn't quite ready for the big time. Therefore any campaign to 'make in India' by 'making for India' is unlikely to achieve intended results, at least in the medium-run

Dying declaration has been a crucial evidence which cannot be neglected as at times the deceased is the sole witness hence the dying declaration is an important piece of evidence which cannot be ignored. This research extensively highlights the main aspect of a dying declaration i.e., the scope, the forms and the admissibility of such statements in the court of law and also the exceptions to the dying declaration. It argues that the veracity and trustworthiness of the dying declaration varies from fact to fact. In addition, lack of consistency makes a dying declaration vulnerable to the situation of inadmissibility

A “tort” is “[a] private or civil wrong or injury, including an action for bad faith breach of contract, for which the court will provide a remedy in the form of an action for damages.” The pages of the history unveil the inevitability of the common law system for ages that has been based on judicial precedents that tackled problems on case to case basis. There are codified laws for most of the offenses but it is impractical to foresee all the wrongdoings and create laws for the same in advance. This paper deals with the emerging and evolutionary form of law that came into existence with the increasing toll of unpredictable cases. There has been a shift towards a relatively new form of law, ‘The Law of Torts’ as a means to protect the public. The well-being of humanity is gaining its pace, making way for the Law of Torts which focuses on bringing forth harmony in every sphere. This paper explains the significance of this required harmony and thereby of the Law of Torts. The paper also seeks to highlight the nature and essential prerequisites of the Law of Torts. The objective of the paper is to trace the historical evolution of the Law of torts and its current status and importance in the Indian Society. Furthermore, it establishes on the growth of this law in India. Lastly, the paper delves into analyzing the need for codified legislation in India and concludes by suggesting the necessary reforms and an international comparative study with the way Law of Torts is founded in other countries.

In this paper the author would like to emphasis on the status of women in society and sacred place. There are many places where the condition of women is not good and they are being still discriminated and denied from using their right to worship at the sacred places. The Paper also lays due emphasis on the fundamental rights that is being violated by the concerned religious organization under the garb of customs and traditions, as the author believes that everyone irrespective of his gender, caste and creed are equal before constitution and therefore God. The Paper also touches upon this affirmation of values of equality, justice and human rights that has been reinforced by the Supreme Court by allowing the women to worship in religious places which were earlier prohibited. Every class of society is not equal. Biggest reason for inequality is the deep inequality in the society.

This article deals in the understanding of the concept of right to privacy in India. This article focuses on analysing right to privacy of India as well as other countries. Many jurists have asked the question whether right to life include right to privacy, author has used various cases and quotes for better understanding of the same and how countries evolved through the same. For many years now, right to privacy has served as a constitutional limit on governmental power. Despite being the most integral part of the human being and dignity it have received very less attention so much so that it was very difficult to arrive at a conclusion with respect to scope and limitation. The article focuses primarily on the development India went through while accepting right to privacy as a part of right to life under Article 21 of the Indian Constitution. India has gone through various stages from Aadhaar to Section 377 of Indian Penal Code (Unnatural Offence). The countries like U.S.A, U.K and Canada have been used to study

The ceaseless debate about legalisation of marijuana have raised moral, legal, economic concerns in the country. From being tagged as a potential cash crop with tremendous medicinal value, it has also been termed as being poisonous for both soul and mind. Marijuana has been closely integrated with the history of the most ancient civilizations known to have existed. Documented texts with reference to cannabis date back to 2000-1400 BC, which describe cannabis as sacred grass. The debate regarding marijuana has been a controversial issue. The Government of India issued the first ever license to grow medicinal cannabis for research purposes. The official license holder is the Council of Scientific and Medical Research. CSIR work in collaboration with the Mumbai based firm, the Bombay Hemp Company (BOHECO). The aim is to develop medicine from cannabis in the form of extracts, pills and patches. The medicinal cannabis is stated as the most important medical need in the country which is unmet. Another considerable issue is the legalization of marijuana in India. Ministers like Maneka Gandhi, Dr. Dharamvir Gandhi, Tathagata Satpathy have voiced their support of legalising marijuana a number of times. However the possessions, trade, transport and consumption of marijuana is banned under the Narcotic Drugs and Psychotropic Substances Act of 1985. Thus, the intent of legalisation of marijuana is not in consonance with the NDPS Act,1985. The author has made an attempt to understand various religion and its stance regarding marijuana, effect of marijuana and Indian legislation related to Marijuana

As the human race is developing advanced levels of information and communication technologies and have considerably reduced the time and amount of data required to exchange the information from one point to another irrespective of time and space constraints, there is a negative aspect to this development that involves circulation of false information that is giving a force of jolt to a group of people who are ready to react without looking into the authenticity of such information leading to Mob lynching. And then there are elements in the society who, for their personal or political gains, give a boost to such behavior of the masses, compromising on the very fabric of the society of democracy shadowed by Mobocracy. Just as if a piece of information starting with the words, “The Scientists believe that” does not mean that it is a reliable information, same way the masses have to question every information on social media whether is authenticate or not. But some people due to a busy and a “slaves of technology” life style, read the social media headlines and believe with full faith that if it’s on social media, it has to be true. The situation has worsened in recent times due to circulation of false information on social media such as WhatsApp, which has led to incidents of Mob lynching. Triggering Mob Lynching is becoming a recent trend through WhatsApp messages. Nevertheless, such incidents can never hide from the gaze of judiciary, as recently the apex court has given directions to the government to curb the menace of Mob-Lynching through legislations on the same. As per the slew of directions given by the Hon’ble Supreme Court, says that it is the duty of the government, whether at Centre or the state, to ensure law and order and to provide "preventive, remedial and punitive measures" to deal with mob violence and cow vigilantism to name a few

This article elucidates the process of application of concept Social Protection to combat international terrorism for achieving and maintaining the goal of international peace and security For this, it focuses on illustrating the role and application of the international organisations in the international platform in combating terrorism. The various anti-terrorism legislations have been described in detail, and subsequently, an analysis has been made to determine their use as a tool of social protection for achieving the aforementioned goals.

The right to privacy is our right to keep a domain around us, which includes all those things that are part of us such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose. It is also considered as a right to be left alone. Earlier, the right to privacy was not included in the fundamental rights. Right to privacy was neither inclusively nor explicitly stated anywhere in the constitution and was completely subject to interpretation. It developed over a long period of time. The early two judgements denied from declaring right to privacy as a fundamental right and said that it is merely a statutory or a legal right but the landmark judgement on August, 2017, declared the right to privacy as the fundamental rights of the constitution. The nine judge constitution bench headed by CJI JS Khehar ruled that “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under article 21 and as a part of the freedom guaranteed by part III of the constitution”. The judgement concludes that privacy is a necessary condition for the meaningful exercise of other guaranteed freedoms. The right to privacy is not absolute in nature and has some reasonable restrictions. Under the article 19 of the constitution, it can be limited only by fair, just and reasonable procedure established by law. The article calls for constitutional amendment made by parliament, its evolution and its impact on other domain of law.

LGBTQ community has suffered a lot since time immemorial and even when we are in the 21st century, there is constant fight ongoing over their basic rights. The situation got much attention when leading NGO working for LGBTQs filed a petition to strike down section 377 IPC as it has discriminatory affects on LGBTQ persons. Moreover the mindset of highest authority also came into highlight when the high court’s decision was struck down and raised much hue and cry. In this paper, author tries to analyse this regressive judgement and its consequences

As This paper describes the nature of the conflict between large mammals and people, provides ecological explanations for the origins of such conflicts, examines their implications and discusses measures that can help in minimizing the impact of animals on people. It illustrates these conflicts by focusing on the Asian elephant which is an herbivore and the tiger which is a carnivore

In the online world, Intellectual Property Rights protected information music, computer programmes, databases can be easily copied and pirated using instantaneous means of reproduction, publication and dissemination causing serious financial loss to rightful owners. In most cases the impact of loss on the internet is greater because internet is borderless and infringing materials can travel across different geographical regions within few seconds. Detecting infringement of Intellectual Property Rights is fairly a complex task. Both online as well as offline world. In the Information Technology Age, the protection of Intellectual Property Rights (IPR) requires even greater attention and dedicated strategy for its protection. On the internet, protection of intellectual property has an important bearing on the growth of e-commerce. It may be easy to detect infringement of intellectual property rights on the internet, but effective law enforcement poses a challenge while combating infringements of intellectual property rights in digital space. As we know, with the growth of information technology age internet is used for transacting business. When more activities start to happen on internet, offences are bound to occur in the internet. For this suitable legislation needs to be drafted in order to curb the offences on the internet. A multi-prolonged approach is needed to encompass technical, social and legal measures will be required to adequately protect intellectual property rights in cyberspace.

This abstract seeks to bring out the procedure which the researchers have applied to review the present scenario regarding Legal Status of Pornography in India. The literal mining of the expression ‘Pornography’ is “relating or presentation sexual acts in arrange to cause sexual stimulation through books, films, etc.” This would comprise pornographic websites, pornographic matter produced using computers & use of the internet to download & transmit pornographic videos, writings, pictures, photos, etc. Adult entertainment is a major industry on the internet. There are additional than 420 million human being pornographic web pages today. The DoT order says that comfortable hosted on porn sites relay to morality & decency & is, therefore, subject to “reasonable restrictions” on the Fundamental Rights to freedom of speech & expression. The government’s July 31 organize directing Internet Service Providers (ISPs) to block 857 porn sites came after Additional Solicitor General Pinky Anand conveyed to the Department of Electronics & Information Technology the Supreme Court’s observation that “appropriate steps” were wanted against pornographic sites, especially those featuring child pornography. In the light of above stated research methods researchers would like to attain a conclusion that now is the high time for the concerned authorities, legal professionals, a jurists and general mass to discuss about it and come out with solutions which is most probably new legislation or better enforcement of existing provisions for ensuring the fact that the state is primarily responsible for taking care of and checking the status of pornography in India so as to stop the unwanted practices.

Accomplice is dealt under Section 133 of the Indian Evidence Act. Though Accomplice has no where been defined in the Indian Evidence Act, therefore in ordinary sense it is viewed as a person who has taken part in the commission of crime along with other wrongdoers. This article talks about the authenticity as well as admissibility of the accomplice in the court of law. Most of the time, accomplice evidence might seem to be untrustworthy and unreliable but often it comes out as an invaluable evidence in solving the crime and delivering justice. Further it will talk about the accomplice being a competent witness and how it differs from the co-accused.

The problem of environmental degradation is a universal one. It cannot be resolved by one country alone. There are certain liability principles that are acceptable in every country. One such principle is the ‘Polluter Pay Principle’. In the following article the discussion of this principle is looked into in detail and goes into explore the Indian judiciary’s role in successfully adopting it to curb the problem. The Indian judiciary gave weight age to the polluter pay principle to the extent and beyond the Strict Liability Principle available under the common law. The paper further discusses the growth of the principle in India in relation to the Oleum Gas Leak case and other factors that forced the adoption of a strict policy in the name of absolute liability. The judgment of the case was ground breaking and set a new path in the way of the judiciary

The Research Paper deals with the challenges and achievements in the Muslim Women (Protection of Rights on Divorce) Act, 1986 this act has many legal implications in itself because this Act has faced many challenges in his enactments although it is a achievements in terms of maintenance claim by Muslim Women. The paper has taken especial emphasis on Shah Bano Case and Daniel latifi Case because in two cases we have seen bigotry in the democratic mechanism of the country because in former judgment they held that maintenance under criminal procedure would be the precedent over the personal laws but in later case they recognized this act as just and reasonable for the maintenance of the Muslim women under which the women will entitled for maintenance only within Iddat period [1] . The paper has covered the Critical analysis of each and every Section of the Act and its legal implication as well It has its scope in the protection of Muslim Womenand the primary question which revolves in and around the Research work is whether the claim of maintenance be governed by this particular act or the provisions of the Criminal procedure. This paper has included Bigotry in a democracy and arbitrary rule of legislature. This paper contains recommendation for the improvement in the provisions of the act regarding “Divorced Muslim wife is not entitled to get maintenance beyond Iddat Period” [2] and clarify the ambit of the maintenance by this act and the maintenance by the criminal procedure. [1] Section 2 (b) ”Iddat Period” means, in the case of a divorced woman,- (i) three menstrual courses after the date of divorce, if she is subject to menstruation; (ii) three lunar months after her divorce, if she is not subject to menstruation; (iii) if she is enceinte at the time of her divorce, the period between divorce and delivery of her child or the termination of her pregnancy whichever is earlier [2] Section-3{1} of Muslim women (protection of rights on divorce) Act, 1986 (25 of 1986).

Judges are not final because they are infallible. They are infallible because they are final.” -Jackson, J. As the quote makes it very clear, that the power of the judges is not supreme by virtue of it being “ the judge’s power” , but by the virtue of many different factors that give the judges and the judiciary the power it has. The topic of the essay, which is in the form of a question, is inclined to be answered in an affirmative, by any layman—or a layman law student, or maybe anyone who understands what the words judiciary and accountability mean. Importance of judiciary in the Indian democracy, without any supplied emphasis or exaggeration, is immense. This organ of paramount importance, if not accountable, would be something with only rights and powers and without duties and liabilities. Or will it? This question at all arises in the absence of numerous mechanisms and implications of accountability, as against the Parliament (for instance) that has to guard itself against no confidence motions and other measures of financial accountability. The only procedure and implication for the judiciary is of impeachment .

The increase in the earth’s atmospheric and oceanic temperatures due to increase in green house gases resulting from pollution is global warming. Carbon dioxide, methane, water vapor and certain other gases causes the green house effect. They are aggravated due to human activities such as burning fossil fuels, deforestation and so on. Climate change is a serious problem worldwide and the IPCC (Inter Governmental Panel on Climate Change) also made a statement that humans are mainly responsible. If such factors continue to operate climate change will result in severe problems and also in the death and extinction of humans. There has been a debate in recent times whether climate change has any relation to crimes. There appears to be a possible strong connection between climate change and crimes. This article discusses about how both climate and crime are interrelated and how they have increased. The need of the hour is to discuss why such crimes are taking place and the laws that govern such crimes.

As per Duhaime's Law Dictionary, Muta Marriage is a temporary marriage for a fixed period of time. A marriage is perceived as a legal institution because of the number of 'pillars' (arkan) and 'statutes' (ahkam) it comprising of. Muta Marriage, being a branch of marriage also consists of such components. This paper endeavours to cull out the legitimacy of Muta Marriage by highlighting them. Though Muta Marriage a very rare form of marriage in India, it is quite common in various regions across the globe. Hence to further reiterate the legitimacy of the notions of such marriage, its practices in Britain and Iran will be studied. The Indian perspective pertaining to the same shall also to put forth. The legal impacts of marriage i.e. the right to divorce, right to inherit, legitimacy of child pertaining to Muta Marriage are also enumerated with reference to several case laws. Light has also been thrown on the link of such arrangement with prostitution and how Muta Marriage has been used across the globe as a shield to get away from the clutches of persecution and a tool to derive enjoyment and pleasure, especially for the men and added misery and disgrace to the lives of the female sector of the society.

Sexual harassment at workplace is a manifestation of deep-rooted patriarchy prevailing in the larger society encouraging power based discriminatory practices and in turn creating a hostile work environment where women are vulnerable to experience harassment and abuse. Harassment is any improper and unwelcome conduct that might reasonably be expected or be perceived to cause offences and humiliation to another person. A survey by the Indian National Bar Association (INBA) conducted earlier this year found that of the 6048 participant (both male and female) 69% of said they faced harassment at the workplace and there 38% did not complain about it because “fear of losing their jobs and also due to the lifelong stigma”. This paper talks about the various troubles related to sexual harassment of females at the workplace. The aims of this article are threefold: first, what was the position of the women before the establishment of the act (sexual harassment at workplace Act 2013). Sexual harassment is not only the problem of skilled areas but also a big issue of unskilled areas, and this is the second aim of this article that, workplace need to frame their own comprehensive policies on how they will deal with sexual harassment. Third, way out the from the lacunas of the Act which is proposed to pass in the year of 2013 and already been passed by the parliament. This article tries to give some suggestion “how we can regulate or improved this act and implement in all areas because this act does not fulfil the condition, which is devolved the skilled and unskilled sectors.

The main aim here is to show connectivity between human rights and Intellectual property rights in national as well as international law arena. These two subjects’ i.e. human rights and intellectual property are two separate areas and their relation is likely to examine for several reasons. First reason is the effect of intellectual property rights on human rights which are right to health, etc. Second reason is about the importance of intellectual property rights due to which scope of human rights are clarified. So the main aim of this article is to examine provisions of already existing knowledge which are given in treaties of human rights. Further, this article also analyzes the effect of already existing intellectual property rights on the human rights and vice-versa

Motherhood in women’s life is considered to be the fulfillment of her feminity. But in present days the impotency in women is cured through the process of surrogacy. The surrogacy is considered the gift in women life who are unable to bear child. The reality is that women are exploited in the name of surrogacy. This article mainly concentrates on the women rights and their exploitation through surrogacy and similar other issues relating to the rights of the child born out of surrogacy. This article also focuses on the suggestion of option to have adoption than to surrogacy. There are several children unparented who can be adopted which would reduce the risk of exploitation of women who are made to serve as surrogate mothers

Sexual Objectification can be defined as the practice of valuing or using a person as a thing or as an object whose worth is calculated primarily by his/ her sexual and physical attractiveness. Sexually objectifying experiences includes the pressure put forth by the society or the societal pressure to present or maintain an appealing or an attractive appearance. Such objectification can take place in various ranges and ways which results in lowering the dignity of women. Sexual objectification is nothing but the separation of sexual attributes and the physical attractiveness from their personality as an individual in specific. In today’s era “Objectification Of Women” has become a developing trend where if something is not sexual, alluring or prompting, then it’s off vogue( A fashion and lifestyle magazine). Objectifying and sexualizing is applicable to both the sexes, but this paper aims to address the pathetic condition of women being sexually objectified as objects all over the world being the victims eventually also, how the media and the Advertisements downplay the image of women. This paper addresses the laws available in India for protection, and the significant step taken by Britain and the United Kingdom implying that Women has every right to declare that “ the show of their sexuality as a commodity on sale” is a bigot. This paper also focuses on how this “Objectification Of Women” encourages women to objectify themselves which is a huge issue because of this sexed-up culture. This paper will try to explore the overall effects about the objectification in a general perspective and why the objectification has to be stopped so badly by concluding with the steps towards achieving a society that is free of misogyny.

“ Just as medicine treats all patients and all diseases, just as criminology concern itself with all the criminals and all forms of crime, so victimology must concern itself with all the victims and all aspect of victim city in which society takes an interest .” - Nelson Mandela The criminal justice system throughout the world is in the hands of State and State being at the centre stage. Law and order is the foremost duty of the State. With this primary duty the state fosters peace, prosperity, maintains rule and order and provides access to Justice for all. Every citizen in the modern welfare state is expected to have the basic human rights. Whenever these rights are violated the judicial system provides mechanism for redressal of such violations. Whenever a citizen is harmed, injured, killed as a result of crime, he or she is referred as “victim”. Though there has been inbuilt mechanism to initiate criminal proceedings against the offender of such crime, however such victim may himself seeks justice by setting the criminal justice system in motion either by informing the police about the same or by complaint. Crime affects the individual victims, their families and causes financial losses to the victims. These crimes cause serious and psychological injuries to the families of victim of crime. Such an act needs to be well and properly redressed by the courts by providing the victims easy access to justice. It is only in the past few decades that the impacts of victimization on crime have affected the person and drew their attention towards the present system of criminal justice and asked to be treated with compassion and dignity so that their fundamental rights must be protected and preserved.

The human rights of women is relating to sexual and reproductive rights which include their right to have control over and their power to decide freely and responsibly on matters relating to their sexuality and reproducing of offspring’s. It must be without any type of coercion, discrimination, forcible act and violence. Sexual rights are those rights which are given to women where she must be able to take and give consent to decisions around their bodies and lives. Reproductive rights are those rights of women to decide whether to reproduce and not facing any type of obstacles in their reproductive health. The research paper examines women’s right to sexual and reproductive health especially to the district of jaisalmer in the state of Rajasthan. The people of jaisalmer district are under the perception of early marriages of a girl and the ultimate goal is to beget a child at a younger age. Though the mind and the body is not mature enough to have a better sexual life and carry a child without having proper knowledge, planning and facilities. This research paper gives a bird eye view to identify the nature of rights that suits the need of women in jaisalmer by providing free medical facilities, free doctor consultancy and a proper mindset among the people of jaisalmer by organising nukkad natak, legal awareness camp by legal aid central distribution of pamphlets, establishment of NGO’s, sex education in schools describing about the rights relating to sexual and reproductive system. Moreover, there is a need for proper legal framework to address and recognize the promotion and protection of reproductive and sexual rights of women in the district of jaisalmer.

The legal profession has long claimed that there are process-based differences between legal reasoning — that is, the thinking and reasoning of lawyers and judges — and the reasoning of those without legal training. Whether those claims are sound, however, is a subject of considerable debate. We describe the importance of using categorization and analogy, following rules and authority, and the odd task of “fact-finding”, in the legal system. This paper aims to find how legal reasoning plays a part in the legal system from the perspective of judges and lawyers. It also examines the difference in legal reasoning in Civil as well as common law.

Human rights are not just values deserving to be taught, but also principles that should be put into practice. In the context of the school, human rights can take the form of student rights. Human rights of students is the unchartered territory when it comes to the study of human rights and its violations. As obedience, discipline and sincerity is sought from students from their very childhood and they are made obsequious many of their human rights are infringed upon. Rights of students are not an isolated silo when it comes to the study of human rights but is a penumbral human right. Many of the human rights of students are enshrined in the Constitution of India in the form of fundamental rights like Right To Education, Right to Freedom of Speech & Expression, Right To Form Associations and Educational & Cultural Rights. The efficiency of Indian universities especially public universities being questioned due to various grievances from students, fall in international university rankings and increasing unemployment among university graduates there is a need to revisit education among students with a greater emphasis on secondary and higher education and to analyze whether various educational institutions in India are fulfilling the mandate of human rights. As many of the central universities are becoming sites of resistance, struggle, conflict and national politics this paper will try to analyze whether student politics is essential part of university education and is it genuine which tries to address the problems of students or it just acts as a recruitment ground for political parties. The paper tries to analyze the various human rights that are available to students and their prospective violation. With university education largely affecting the employment rate in India the efficiency of university education should be critically analyzed and its effects on career prospects of students should be revisited.

“The digital age has changed the notion about “self” in terms of both exemplifying the existing identities and creating new ones. With the increasing number of users availing digital technology, the data uploading and downloading data has become a part of the everyday life. However, the question about the inheritance of digital assets remains unresolved in terms its legal and social dimensions. The paper seeks to analyse the existing company mechanisms of ‘handling’ digital estate post death. Further, it seeks to examine the debate on digital inheritance in context of right to privacy in India in reference to two central questions- (1) Does a deceased have right to privacy; and (2) How the right (if any) of the deceased can be protected? It proposes a need for legislation and provides certain propositions to balance right to privacy and digital inheritance in such legislation.

This paper is titled ‘Artificial Intelligence and Intellectual Property Laws in India. Is it time for renaissance?’ In this paper I have endeavoured to correlate the aspects of artificial intelligence and IP laws to understand why works of robots/machines/AI systems are not considered to be eligible for protection under different IP laws in India. Specific focus is laid on the Copyright Act, 1957 and Patents Act, 1970 and certain provisions of these acts that act as a road-block in enabling such protection to AI systems. Also the need for amendments to these enactments is analyzed with reference to recent developments in AI systems. The paper concludes by suggesting the need for a reformation or renaissance in the field of IP laws as well as other legislations to accommodate new forms of technological developments.