Volume I - Issue III / 2018

The duty of supporting the infant children is necessary to be enforced for the preservation of our race and the duty of maintaining aged persons is equally necessary to be enforced for his happiness. Growing old is a natural process that every human undergoes in one’s lifetime. It basically refers to the decline in the functional capacity that occurs due to physiological transformation. Senior citizens are an asset to a society with their pool of varied experiences, ideas, knowledge and expertise. The moral duty to maintain parents is recognized by all people. However, so far as law is concerned, the position and extent of such liability varies from community to community. Most senior citizens are unaware of their rights, either because of illiteracy or lack of awareness. Various international attempts have been made by the UN General Assembly 1991 to address the concerns of senior citizens [1] . United Nations have also declared 1 st of October as International Day for older persons. Various national efforts have also been made to protect the interests of the old aged. In India at present there are very few legislative measures to protect the elderly people’s rights. But there are various schemes and policies introduced by the Central Government from time to time for protecting the interests of the aged persons and that could be reached only by the minimum population of the concerned category. The reason might be lack of implementation on one side and lack of awareness on the other side. Hence, this paper is an attempt to analyze the legal and constitutional rights of aged persons, policies and schemes introduced for the benefit of senior citizens in India and also highlight some information about its working and implementation. [1] Eighteen principles have been adopted, which have been grouped into five clusters namely, independence, participation, care, self-fulfillment, and dignity of the older person.

This paper discusses the legal discourse and Communication as a research device. It also investigates theoretical, descriptive and applied issues of legal discourse and communication manifested in different languages, cultures, systems and societies. Given the central role played by language in the creation of socio-legal reality, learning in this series will focus on synchronic and diachronic forms of linguistics and structures of written and spoken discourse as a system of communication and action within and across the academic, professional and institutional boundaries of law. This paper also focuses on original, high-quality work in legal discourse and communication as well as extending to other social categories where the extensive logical areas are involved. It therefore, also promotes theories and methods taken from, but not restricted to, text and (critical) communication analysis, genre analysis, discussion analysis, corpus-based analysis, socio-linguistics, ethnographic, arbitration discourse analysis. These ‘multi-modal’ approaches to discursive accounts of legal language and communication in social and cultural formations expand to include rhetoric/argumentation analysis, multilingualism and translation/explanation and provide a medium for analysis across a broad spectrum of humanities and social science disciplines.

In this Article an attempt has been made to analyse Section 84 Indian Penal Code which deals with the defense of insanity in criminal law. ‘Insanity’ is a word that does not have any precise definition, however , broadly it refers to the varying degrees of mental disorder. In Section 84 instead of the word ‘insanity’ the term ‘unsoundness of mind ‘ is used to broaden the scope of the word. This Section is mainly based on the famous Rule of M’Naghten evolved by the English Courts and hence in this Article brief mention of the M’Naghtens rule is made. To provide an accused the benefit of Section 84 it must be proved that at the time of commission of the offence his cognitive faculties were so impaired that he was not capable of knowing the nature of the act . Section 84 was subject to a number of interpretations in the various decisions of the Courts which throw important light on the various words used in this section. In this Article those case laws are being dealt with.

With the recent enactment of Micro, Small and Medium Enterprises and Development (MSMED) Act, 2006 Small and Medium Enterprises (smes) sector has emerged. Like in any other developing countries, in India also, smes play a very significant role in terms of their balanced and sustainable growth, employment generation, development of entrepreneurial skills and contribution to export earnings. The present research paper aims to analyse one of the most indispensable instrument to strengthen the SME sector in India, namely, the financing of the smes through the Banking Industry in India. The paper starts with an introduction briefly highlighting the importance of the SME sector in the Indian economy. The author then points out the various problems plaguing the smes in India and goes further to elaborate and discusses in detail the problem of lack of credit supply to smes through the Banking Industry in India. The paper discusses the major issues which are the reasons for the reduced credit supply by banks to smes. The paper then proceeds to give an account of the measures taken by the government to enhance credit supply to smes and also highlights the major initiatives taken by the Reserve Bank of India for the same. The author then provides various suggestions to improve the credit supply to smes through banks. After providing the limitations of the study the paper finally ends with the conclusion providing a summary of the entire paper and briefly discussing the role of banks in strengthening the SME sector in India.

Compulsory license is the authorization given by the government (Patent Authority) to the third party to make, use or sell a particular product or use a particular process which has been patented. It is to be done without the need of the permission of the patent owner. While thoroughly analyzing the surroundings of this research, it outlines a possible approach for the Competition Commission of India (CCI) to adopt if it should play a role in issuing compulsory licenses.

The right to internet usage has now become a human right, as declared by the United Nations Human Rights Council in June 2016. The number of internet users are rapidly growing in India as well and the idea of a modern India has had a strong focus on science and technology for its all-inclusive development. In this research paper, the authors shall analyze the role of the increase in technology, thereby, easier access to internet and social media platforms as a major cause of increasing cyber-crimes against women in the Indian society. The netizens, women in particle, are more susceptible to the criminal activities carried out by means of internet, which is also referred to as cyber-crimes. The judiciary along with the police department and the investigative agencies should be boosted up with the modern web-based applications in order to be a step ahead from such perpetrators. The legal remedies available under various piece of legislations dealing with the menace of cyber-crime have been focused upon. The role of government in the current legal scenario and the accountability of the government is also discussed in detail. The focus will also be on the various factors resulting in the increase of cyber-crimes against women and the effects of such crimes on the victim. The paper concludes by considering the loopholes in the system, that neither the provisions of the Indian Penal Code, 1860 nor the Information Technology Act, 2000 satisfactorily deal with such offences and fail to provide adequate safety measures to curb the same. Lastly, the author(s) recommends certain necessary measures that need to be taken in order to address the issue of cyber-crimes against women in a holistic and effective manner.

The present democracy is witnessing a major shift in terms of the fundamental structure of the Constitution of India and the doctrine of separation of powers. The Indian Constitution has surpassed the test of time, however, the tussle between the three organs namely, the Legislature, executive and Judiciary is slowly growing due to various issues emerging in the fast developing country. This article intends to throw light on different times when Judiciary has been criticized for taking a leap greater than its own Jurisdiction, attempting to draw more clarity on the concept of Judicial overreach from the perspective of all the three organs. Without getting into details of the intricate matters pertaining to Judicial interpretation and Judicial Activism, it attempts to analyze and estimate the judiciary’s take on such claims made about it by the two organs.

The concept of Artificial Intelligence (AI) is a complex issue and affects almost every sphere of modern world. The basic idea behind artificial intelligence was the concept of creating machines which can think and act like humans. The concept of AI has gained such momentum in the recent years that it has become a topic of discussion not only for the students but also for, academicians, lawyers and policy-makers. With the topic being of so much relevance, it is bound to affect several laws once it is actually implemented. In light of the above development, the research in the research paper attempts to discuss: Overview of the AI technology Historical evolution and definition of AI The manner in which global AI revolution is taking place The patent eligibility jurisprudence involving AI technology and a comparative study concerning the patent eligibility of AI under United States Patent law and the Indian IP laws. The substantive requirements in light of judicial decisions on AI technology to be patent-eligible. The future ahead of AI by examining the potential for legal systems to adapt to technological change.

The State of Jammu and Kashmir occupies a unique position in India by way of it being the only State to negotiate its terms of accession to the Indian Territory. This special status has also been conferred on the State Constitutionally by way of Art. 370, and has to a wide extent been responsible for mounting contentions between the Centre and the State. In recent times, the debate around the special status of the State has garnered swelling public attention in light of the various petitions filed in the Supreme Court, regarding the constitutional validity of Art. 370 and Art. 35A of the Indian Constitution. The question that formed the mainstay of this article was the question of permanency or transitional nature of Art. 370 and whether Art. 35A violates rights of citizens of India as enshrined in the Indian Constitution. The conclusion that has been reached with respect to both these aspects is regrettably, in the affirmative. To appreciate the question of constitutional validity of both these provisions, it is essential to understand the historical events that led to the introduction of these articles in the first instance, along with legal arguments that provide explanations as to the wisdom and irrationality of their inclusion. This research article provides an outline for the same and attempts at providing a clearer presentation of the legality of the provisions themselves.

Rule of Law in simple words refers to the supremacy of law of the land over any other thing or person. There has been no concrete definition of rule of law but one of the most known definition was given was A.V. Dicey who based his definition on three pillars namely, Supremacy of Law, Equality before Law and Predominance of Legal Spirit. India adopted the Rule of law from the common law system of justice which had its roots to the British Jurisprudence. The judiciary in India has played a leading role in giving a proper shape to the Rule of Law in India. Through its various judgments the court has taken a positive approach and by taking a dynamic view of the provisions of the constitution, it has ensured that the Rule of Law is enforced in its true spirit. The very idea of Rule of Law is enshrined in the constitution of India. It can be inferred from the preamble and the very fact that it declares India as a sovereign state. Over many years, courts have taken help of Judicial activism to increase the scope of the rule of law through various provisions in the constitution. Even after so many efforts of the framers of the constitution and the judiciary, the implementation of the Rule of Law is not full proof in India. Things like outdated legislature and overburdened courts are some of the problems which hamper the smooth enforcement of the same. Therefore, the concerned authorities like the parliament, the judiciary, the law commission and various other authorities need to take the required steps to ensure smooth implementation of the Rule of Law to ensure it is enforced in its true sense.

As human rights are equally applicable to all the human being on this planet, irrespective of religion, sex, caste, race, place of birth etc., it is the duty to all human beings to protect the rights of each other. Here, this Article is focused on the countries of SAARC region and their vulnerable groups, as the numbers of cases of violation of human rights are highest in this region. There are various reasons behind these violations in different countries. Relations between and among the nations, social, economic, political and religious conditions and cultures or customs are responsible for this. Besides this, victims of war also fall under this category and sometimes State laws are also responsible for violation of human rights. As the weaker sections of societies are the prime victims, almost every State has adopted some International laws, Declarations, Treaties along with their own laws to protect the vulnerable sections of the society. In addition to all the foregoing, it is the duty of all to protect the rights of others who are not able to protect their own right and not to violate the rights of other people. For this purpose, proper education, wide knowledge and total awareness is needed to promote the human rights and in this regard the governments and NGOs should take initiatives to regulate, monitor and proper implementation of human rights. Until an individual gives a full scope to another person to enjoy his or her right as a human being, that very person cannot claim his rights as a human being.

This paper was written with the objective of making a comprehensive project which will highlight and bring into light, the human and labor law violations that take place in China. China has various labor laws and regulations which guarantee labors certain basic human rights. However, at the ground level, there are various violations of the same in order to push the economy and industries of the country forward only to become the second world largest economy in the world. However, everything comes at a price and the same is being paid by the citizens of the country. This paper offers an insight into the atrocious violations that take place behind the façade of China being a probable superpower.

Migration is taken up as an international agenda and given recognition under article 1 of GATS 1995. The history of human existence was based on this particular idea and there was a time because of industrialization, there were measures taken to increase migration. However, the preceding phase saw regulations and restrictions being imposed as this created a burden on the economy of the countries. The General Agreement of Trade and Tariff was set up by WTO for the smooth functioning of trade. However, this paper argues that the issue of migration is not limited to the economic opportunities, rather it can be based on a number of events like natural calamities, war, better quality of life, higher income. Therefore, the question comes down to whether WTO id the right organization who can regulate laws relating to international migration? The Mode 4 application is based on the same principle of MFN and each country has to commit their service sector through schedule of commitments. So, in reality the countries do not open certain service sector and use methods like VISA rejection without any valid reasons. Also Mode 4 is tilt towards high-skilled educationalist and not the labour force. The purpose of this paper is to show that WTO has expanded and exceeded its power regarding this particular issue. The reasons behind this is the hoax idea of development and the power play that is still persistent in the world through international organizations. The scope for negotiations and creating a different platform of migration would definitely help.

The inception of administration of justice is largely centered upon witnesses coming forward and deposing without pressure or enticement before a Court of law. The very institution of the criminal justice system gets annihilated if witnesses are threatened and incapacitated from tendering substantive evidence to the Court. The criminal justice system must endeavor to accomplish the intricate balance of conflicting interests of the accused, the victim and the society. The necessity of fairness permeates in every practice and process of law. It is beyond the bounds of possibility to pursue truth and preserve the operating principles of a fair and just trial without credible and valuable evidence. The prevailing state of affairs in India with respect to conduct of legal proceedings is not very assuring. In the absence of any statutory protection, the witnesses are debilitated in every which way from giving a truthful testimony, leading to the derailment of the entire trial. This paper aims to study the significance of the role of a witness in a criminal trial, the inadequacy of current laws in India for protection of witnesses and its implications along with a comparative study with the laws and witness protection programs across the world. This paper follows the approach of secondary research and seeks to add to the existing literature with respect to criminal justice system and the need to protect the witnesses while exploring the measures undertaken in this regard globally. The author concludes with highlighting the imperative need for an independent legislation for witness protection in order to vindicate and uphold the concept of fair trial.

The historical case of Indira Gandhi v Raj Narain gave rise to unprecedented happenings and ultimately led to declaration of emergency. The bare reading of the case makes it is very evident that the series of events which led to emergency was driven by thirst for power. The case dealt with lot of issues dealing with the violation of provisions of Representation of People Act, 1951. This article does not deal with the issues dealt by the Supreme Court but instead narrows the scope of the article to one of the issues dealt by J Sinha when the case was before the High Court. Thus, this article seeks to go in depth and analyse the issue of whether the procurement of Air Force Planes by her to reach election meetings in furtherance of her election prospects amounted to corrupt practice u/s 123(7) of the Representation of People Act, 1951.

This Research paper throws light on the dematerialisation of shares prior to an IPO and its purpose is to eliminate the benami system, tax evasion, black money transfer and etc. from the market by bringing more transparency in the transaction of shares. When we say prior to an IPO or pre IPO that means it is about the companies which are not available to the public on the stock exchange market i.e Unlisted Companies. Decision to implement dematerialisation system in listed companies was enacted in the year 2011 itself so as to make the stock exchange transaction transparent whereas on the other hand unlisted companies were exempted from the implemented act concerning dematerialisation, in the year 2011. However, on March 2017, it was observed that India consists of 1.17 million active companies in which about 80,000 to 90,000 such companies are recognised as unlisted companies and on noticing such large number of active companies falling in the category of unlisted companies, government (MCA and SEBI) in the month of June, 2018, decided to make it compulsory for all the unlisted public and private companies to convert their physical shares into dematerialised form before 5th December 2018 with the purpose of eliminating benami holding, tax evasion, black money transfer and etc.

Wartime sexual exploitation has been a concerning issue since time immemorial, whereby the victimisation of women is pervasive and extremely atrocious. The psychology of treating rape as a ‘tactic of war’ highly impacts the physical and mental state of the victims. The psychological warfare of sexual violence is a technique to humiliate the enemy nation who are unable to protect their women and children, which results into the exploitation of women’s body and soul and in turn, ruptures their very existence. Not only rape but women are also subjected to genital mutilation, forced prostitution and sexual slavery during the times of social unrest. This research paper contemplates the recognition of the sexual violence as an international crime and deals with the far-reaching consequences of the same. Furthermore, it also makes an attempt to prescribe various reformative and preventive measures to eradicate this prevalent evil. Sexual Violence is not an inevitable part of the conflict. --Elizabeth Wood .

The State of Jammu and Kashmir occupies a unique position in India by way of it being the only State to negotiate its terms of accession to the Indian Territory. This special status has also been conferred on the State Constitutionally by way of Art. 370, and has to a wide extent been responsible for mounting contentions between the Centre and the State. In recent times, the debate around the special status of the State has garnered swelling public attention in light of the various petitions filed in the Supreme Court, regarding the constitutional validity of Art. 370 and Art. 35A of the Indian Constitution. The question that formed the mainstay of this article was the question of permanency or transitional nature of Art. 370 and whether Art. 35A violates rights of citizens of India as enshrined in the Indian Constitution. The conclusion that has been reached with respect to both these aspects is regrettably, in the affirmative. To appreciate the question of constitutional validity of both these provisions, it is essential to understand the historical events that led to the introduction of these articles in the first instance, along with legal arguments that provide explanations as to the wisdom and irrationality of their inclusion. This research article provides an outline for the same and attempts at providing a clearer presentation of the legality of the provisions themselves.

This project focuses on whether proximate cause has a clear definition or is it interpretation of Courts. The detailed study indicates that the court decides and interprets what proximate cause is in each case and the court has full discretion to decide the matter in each case and thus there does not exist any clear definition of this doctrine . this has been analyzed with the help of different case laws and illustrations.

This research paper relates to the understanding of the term trafficking in the context of displacement of humans and the consequences that follow with regard to such trafficking in case of women and also to see and find out what the international legal instruments provide for as protection to the victims. In this paper, the authors intend to indulge into a completely analytical discussion about the various international covenants and reports applicable to the topic of trafficking of women. At the very onset, the researchers decline to give a very clear understanding of trafficking, for the instruments which will be analyzed, are limited to that extent. The paper will go into the historical backdrop of anti-trafficking regulations and their racial basis and then trace their development and evolution to the current international legal regimes. In connection with such instruments, it will be shown how they fall far short of providing any kind of effective check to trafficking activities or any remedy to the victims because of their inherent weak composition. Such weaknesses of the international legal regime and its instruments will be pointed out and its connection with the expanding problem of trafficking will be highlighted too. The paper will also seek to give certain inputs in its conclusion as to how the loop holes which are present can be remedied or how the entire system of operation of the instruments can be revamped and changed.

Consumers are an integral part of the society. But the importance of consumer was only recognized in primal societies but with the advent of time Consumer became a victim of exploitation. With the evolution of unfair trade practices, the introduction of consumer rights also became necessary. The Consumer Rights and the Responsibilities are intertwined together. So the rights & responsibilities are the two faces of the same coin. Consumer Rights were envisioned by the activists of the West. Consumer Rights tend to safeguard consumer interest. Some unfair trade practices like under-weighing & adulteration led to the birth of Consumer Rights. Consumer protection rules are built on the premise that consumers are the weaker party to the transaction, but consumer’s responsibilities are evident too. The second face of the coin lends a duty on the consumers also.”If you live for having it all, what you have is never enough.” –Vicki Robin. This quote leads to the fact that rights alone cannot guarantee Consumer Protection. Responsibilities ought to be considered a paramount parameter to check Consumer Protection. In a major case, State of U.P & Ors v. All U.P Consumer Protection bar Association, the S.C had asked Centre to frame rules for effective implementation of Consumer Protection Act. The Rulings like these are intended to empower the consumers.

The paper aims to highlight the status of women in Hindu and Muslim religious personal laws and providing the glimpses of the effects of such personal laws on the lives of women. To achieve the objective of the paper, extensive research has been done and the analysis has been so penned down. To begin with, origin of the concept of religious personal laws and their selective reform by the State has been covered and aptly described. Current status of women in Hindu and Muslim religious personal laws are illustrated which includes how the shape of religious personal laws has repercussions for the design and scope of other laws. Effects of such laws on the lives of women of every strata of the society are covered. This paper further puts forth and analyses the current situation of personal laws with respect to women in India and the same have been discussed in the light of existing statutes and case laws. Landmark judgments have been used to further understand the judicial aspect of the laws prevalent in the society. Dilemmas like why this disparity still exists and what impacts it will have on the future generations are critically analyzed. An argument for a re-conceptualization of categories that allow for pursuing differences and justice together is developed.

Evergreening generally refers to layering of same product with the help of various patents which is helpful for a company to obtain monopoly for a long period of time. Patent plays an very important role in pharmaceutical industry since innovation in this sector are quite costly, development of drugs is very lengthy and expensive process but patent provide full opportunity to the company to gain profit. But if company layers his same medicine with various patents it will lead to ‘evergreening’, which ultimately exclude the medicine for a long period of time from public domain and also restrict generic manufactures to come into play. A generic drug is a drug which is produced and distributed without patent protection. Brand names companies use various kinds of strategies such as ‘next generation drugs’, ‘strategic patenting’, ‘over the counter switch’ and continues application practice. Patenting system also build some kind of defence wall for tackling immoral situation in patent layering such as Section 3(d), judicial precedent, Bolar provision and scheme like orange book in U.S.A. Additional layer should only be granted if the proposed medicine had some additional therapeutic efficacy mere minor modification in the medicine should not be qualified for additional patent This paper will discuss about the patent ‘evergreening’ in pharmaceutical sector and its effect on production of generic drugs, and discuss various techniques and strategies practiced by the brand name company for expanding their patent, measures taken by government for restricting such practices for the emergence of generic drug manufactures. Basic question in this paper is to evaluate that how the libertarian approach in patent system will exploit the interest of poor customers of country where most of the person are not able to afford high cost medicine and various any kind of remedies are available against such kind of exploitation.

The need of regulation of the Real Estate Market arose from the increasing malpractices in the real estate market where the consumers had to bear a lot of risks such as delayed delivery, title of the property, quality of the facilities provided, and necessary changes etc. before they decide to purchase. The Real Estate Regulation (Development and Authority) Act, 2016 came up with a primary objective to restore the faith of consumers by regulating the business practices and transactions in real estate sector. This whole standardization procedure involved establishment of Real Estate Regulatory Authorities at state level for facilitating the development of the real estate sector and a customer oriented procedure wherein the interests of the customers cannot be harmed. Now the risk borne by the customers is transferred to the developer. Provision of an escrow account, no advertisements allowed without registration with RERA, punishments and compensations in case of delayed delivery, etc. left no room for developers to absorb the other costs incurred by them so they may be transferred on the customers by the way of price increase. Instead of increasing the sales, price hike of 40 per cent within a week of enforcement in some states, led to the decrease in total sales, which were already soaring due to Demonetization. There were other challenges faced by the States in establishing the Regulatory Authority as per the central Act and a lot of controversy occurred in respect of penalties, wherein some states did not enforce the penal provision in their subsequent Act and Rules for enforcement of RERA.

The following article talks about the various situations which describe the nature of constitutionalism in India. It traces the history of judicial review in the sphere of amendments and the various political scenarios surrounding them.

Through ages, women in India have had to face atrocities at all stages of life in various forms. In a matrimonial relationship they have had to suffer mental and physical trauma and yet they were expected to stay loyal and obedient to their husbands. With the adoption of a rights-based Constitution, this lowly position of women has been sought to be changed. Many legislations have been enacted to protect the women and their rights from being infringed and thereby giving them freedom and power to oppose the atrocities being committed on them. Cruelty in a matrimonial relationship was recognized as a ground for divorce in as late as 1976 through an amendment in the Hindu Marriage Act, 1955. Cruelty against husbands by the wives surfaced up not very long ago and is an equally important issue of concern. This paper attempts to study cruelty as a ground of divorce in India in the present context especially pertaining to the Hindu personal laws.

Immigration plays a vital role in determining the flow of trade, ideas, information and people. Looking back at some historical events like the colonization of America, immigration of foreigners because of war or internal disturbance in their countries and other similar events, an inference can be drawn that they have helped in shaping the present United States. Hypothetically, if people stopped moving to other places it would result in a stagnant phase in the world’s economy, as the movement of people facilitates exchange of goods, services, information and also strengthens international relations. One prominent leader of United States who contributed to the nation’s economy as well as immigration policies is Barrack Obama. Termed as the nation’s first African-American President, Obama held the office of President from 2009 to 2017. Immigration Policies being an important matter of concern for United States was also a subject on which President Obama took action upon. President Obama implemented Deferred Action for Childhood Arrivals (DACA) policy to protect those immigrants who had migrated to United States below the age of sixteen years. Further, he also supported the bill for DREAM Act but the legislature refused to pass it. Even though he took several positive action for immigrants, the rate of deportations escalated during his first term of presidency. The present President of United States is critiqued for his rude remarks and spontaneous actions all over the world. In his one year of serving as the President of United States, Donald Trump has made more headlines than any other President of United States. After Donald trump became the President, the RAISE Act was passed that aims to raise job quality and opportunities for the Americans. Till now in his term the deportation of Somalis has increased by almost fifty percent and he has also imposed a travel ban from counties like Iran, Iraq et cetera. There are many differences that can be seen between Obama and Trump and their respective Immigration policies. Keeping in view the impact these political leaders have made in the Immigration Policies of United States this research project will critically study and highlight the differences between the Executive Orders and Policies undertaken by them.

How far can a minority community go for promoting and preserving their culture without being touched by the ideals of law? This question has given rise to most complex discourses since the beginning of emergence of states as nations. In addition to legal rights, an individual recognizes some moral rights as well, essential for one’s identity. Intellectuals today are wary of the state and the constitution not identifying those rights on one hand, on the other, it is also a concern that it might encroach upon the practices already established. This research article is an attempt to analyze one such issue of Sharia Courts. Being popularized as an organ of Alternate Dispute Resolution System, a deeper study reveals certain fundamental issues which might be viewed with criticism by enlightened member of civil society. These issues, however, can be worked upon to render an informal justice scheme complementary to our integrated judicial system. I believe, with coordinated action from state as well as religious actors, these courts can act as effective tools of adjudication.

“Let the sea set you free”, Ocean has been one of the earliest channels for transportation of goods and people. Even today it plays an important role in trading on an international level since ships are capable of carrying bulky which would not have been possible otherwise . The sea was used for commerce by people from a lot of countries which led to disputes and wars. This led to the emergence of maritime law. Maritime law is a body of law which consists of rules and regulations related to the shipping industry . Rhodian Sea Laws are considered to be the earliest maritime laws. The influence of Rhodian Sea Law was altered with the rise of Roman Empire . But a uniform code based on Rhodian Law remained and were later on leveled up by the Romans . . Three noted codes of oceanic law – whose standards were found in the Roman law, were figured in Europe amid the three centuries between A.D. 1000 and A.D. 1300. These were- Consolato del Mare ( Regulation of the Sea) , Laws of Wibsy and Laws of Oleron . Contemporary oceanic law is a blend of antiquated tenets and new at laws both national and universal . current sea law comprises of laws that are of memorable inception and of ongoing advancement. The soonest known sea laws were uniform . The authentic consistency of early oceanic laws declined with the development of sovereignity . The International Maritime Committee or CMI started consistency among national oceanic enactments of part nations . This association has likewise proceeded with the move towards uniform sea laws . Since 1958, a large number of CMI's capacities have been taken by the International Maritime Organization of the UNO.

Transgender community in India has a great history where they enjoyed dignity and privileges during one period and abolishment of the same in other. According to Hindu mythology and text there are three identified genders- Male, Female, and Trans but the laws provide protection to just male and female. Transgender people have their own struggle and fight for their rights as a human and a normal being. One such right is the right to inherit property from their parents or family. This paper will discuss the lacuna in the prevailing legislature which does not recognize transgender rights in the field of inheritance laws according to their gender identity as Trans. The paper further investigates the initiative taken by various international organization and countries for the upliftment of the transgender. The paper will also talk about the latest Supreme Court judgment for recognition of LGBTQ and the transgender bill introduced in the year 2016.

Rape is a crime committed by men against women, which hampers the dignity of the women in the society. Men in the world commit the crime of Rape in a very brutal way for which the victim has to suffer for long duration or lifetime. There are so many families in the Indian society who still considers that the life of a person is over if she is a rape victim. An act of Rape can have several and dangerous consequences such as physical & mental harm, mental distress, severe depression etc. The detailed analysis of various laws related to rape will be given in the final research paper. The concept of rape came into existence in IPC because it is against morality of the person. To be a good human we have to be moral first. Morality consider as one of the important principle of life. The paper will discuss the various amendments of Rape laws under Indian Penal Code, 1860 and different Indian and Foreign cases of Rape.

Over the years legal scholars have attempted to define privacy but it is only in the last century this word has been used as a legal concept to describe the state's duty to let its people alone in certain spheres of their lives. Later in the course of its academic and juristic evolution, the concept was described more succinctly as the claim of individuals, groups or institutions to determine for themselves when, how and to what extent information about themselves is communicated to others. The scheme of Aadhar card infringes on people’s privacy as there was misuse of power, trust, personal information and data. Biometric data and iris scan that was being collected for issuing AADHAR violated the citizen’s fundamental right to privacy as their personal data was not being protected and was vulnerable to exposure and misuse. Privacy is an essential aspect of dignity. Dignity cannot exist without privacy. Both reside within the inalienable values of life, liberty and freedom which the Constitution has recognized. Privacy is the ultimate expression of the sanctity of the individual. It is a constitutional value which straddles across the spectrum of fundamental rights and protects for the individual a zone of choice and self-determination. Expression ‘life’ under Article 21 means not merely the right to a person’s “animal existence” and that the expression ‘personal liberty’ is a guarantee against invasion into the sanctity of a person’s home or an intrusion into personal security.

The paper explores the idea of emotions in the legal realm. The shared relationship between the law and emotions and how they influence each other back and forth. The paper also focuses on role of collective and individual emotions in shaping the law and the reducing the punishment when it is done in the heat of some emotion. This paper evaluates with the help of certain Inidian cases and draws the relationship between law and emotion.The role of collective and individual emotions in shaping the law also reflects in the evolution of law. The role of stakeholders, the position they hold in the society and many other factors. Lastly, how the shared emotions spurred in the private realm, forces individuals to come together for a legal discourse also further intertwines the subject of law and emotion stronger.

"Necessitas non habet legem” Necessity knows no law, and hence, the inability to procreate and propagate one’s species has driven people the world over to explore the world of assisted reproductive technology; particularly, surrogacy. Every essential process in the world with the scope for human interference begs us to question the ethical, social and practical aspect of it all. Surrogacy, a practice which actually has so many benefits, is a topic that is under intense debate today, due to the simple fact that the room for exploitation and manipulation of parties involved in surrogacy is too much to leave to chance. Commercial Surrogacy, was recently banned in India, sparking a fire of protest and debate throughout the country. Although the Surrogacy (Regulations) Bill, 2016, was passed two years ago, it remains a subject of unresolved debate. The authors of this paper, in the entirety of the paper, address the issues surrounding the practice as well as point out that the demerits of a complete blanket ban on surrogacy are a whole lot worse than the demerits in the alternate scenario. The authors believe that the argument essentially boils down to the contravention of Article 23 and 24 of the Indian Constitution, in comparison to the contravention of Article 14 and 19; the best among the worst case scenarios. The authors believe that rather than imposing a blanket ban which seems draconian in itself, the government should seek to amend the Surrogacy (Regulations) Bill, 2016 to ensure that a strict legal framework is in place and all surrogacy matters are dealt with by competent individuals to ensure minimalistic, to no violations of Article 23 and 24, the right against exploitation. In conclusion, the authors believe that policies made with the fear of human intervention in mind are often in vain, and thus a stand should be taken with respect the issue of surrogacy.

The paper will be discussing whether colonization has any effect in family law development of a colonized country like Malaysia as compared to a non-colonized country like Iran. These two countries have a common factor of Islamic law having dominance in personal law sphere. It will showcase how the development of Iran had a different kind of revolution while Malaysia is still in a colonization hangover and is finding its own identity along with external and internal factors shaping its institutions. The main argument is that colonialism introduced a secular feature to colonized Malaysia whereas Iran underwent absolute Islamisation of country’s institutions. Colonialism was instrumental in institutionalizing laws and creating structures and courts but such creation can also be observed in Iran. It can be said that western influence was too strong a wave for any country to remain unaffected from as shadows of this influence can similarly be seen in Iran. Even though Islamic Ideology is commendable can it be that this can be seen as a polarized position with no space for diverse views as blindly following one ideology has its own repercussions.

This paper attempts to unravel the practicality of a scenario where the offences of Mob lynching will be governed by a special anti-lynching law. In the contemporary times, there have been a lot of incidents where the basic principles of law have been violated as a particular sect of society took law in their own hand to punish what according to them is wrong. This is an alarming situation. The increasing number of mob lynching offences is directly a threat to the peace and communal harmony of the nation. This paper deals with the enactment of a law by the parliament which will be in lines with the Supreme Court (‘the SC’) guidelines on mob lynching. The court wants to imbibe fear in the mind of would be lynchers and this essay explains how a special law will be very effective in such a scenario. This essay proves, though IPC covers all the theoretical aspects of mob lynching, still why we need a special law. This essay also deals with the incompetency of the administration and the police in dealing with such offences and explains how a new law might be a good start to end this horrendous culture plaguing the country.

“Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.” [1] Human beings are rational animals and hence every human being by the very virtue of his birth is entitled to certain basic, inalienable rights which are also known as ‘Human Rights’. They not only ensure to establish ones identity as a human being but also make sure that humans are treated in a right and dignified way by every element in their surroundings. Nature is no exception to this rule and so right to a clean, healthy environment holds a special place to be one of the rudimentary rights of human beings. Our Indian constitution not only takes pride in being a extensive document but also as the one having specific provisions with regard to environment and its protection. But in all these attempts to exercise his rights, man is not on the same page with nature. With the advantages of development and new innovations also come the disadvantages. But whether we are really using our intellect and conscience to keep the balance between nature and development is an aspect which needs introspection. This paper attempts to highlight the level of environmental degradation caused due to human interventions and to ameliorate human mindset through judicial decisions and doctrines for the sake of present and future generations. This paper tries to analyze the various rights available to humans in a plethora of documents and legislations with respect to natural environment and its use, misuse and violations by the right holders. [1] Declaration of the United Nations Conference on the Human Environment,1972, Principle 1

Human rights is such a field which is gradually gaining the attention of many, but when it comes to such rights of prisoners the whole concept somehow vanishes and what remains is just the term “prisoners”. Even in this 21 st century where we strive to grant equal rights to everyone and different nations giving eye catching statements about democracy and equal treatment, there is hardly any attention being diverted towards such basic human rights of prisoners. Everyone seems to have forgotten that these prisoners are still human beings like us and deserve to be treated equally. There are a number of laws and legislations emerging from both domestic and international organisations, yet why is that no one is actually getting any noticeable results from the same? In this paper we have critically analysed the conditions of these prisoners with reference to cases showing how their basic human rights are being violated. The information about the available provisions which are supposed to be followed are stated and the main focus of this paper is to somehow make people aware of the conditions these prisoners are living in and to educate people about why and how their rights must also be protected. We have adopted a structured approach stating what actually these rights mean, how they are violated and finally how these rights can be protected. The issue of human rights of prisoners is quite eye catching and is something which can attract different views from different people from all the spheres of life. Focus of this paper is to make every person whether a layman or an expert in this field aware of the importance of such rights.

“It may be true that the law cannot make a man love me, but it can stop him from lynching me, and I think that's pretty important.” ― Martin Luther King Jr. The Supreme Court’s recent guidance to the Parliament to draft a new law to punish offenders participating in lynching created a huge pandemonium in the Country. Many political groups showed resentment against this long-desired judgment. Various debates were reported to have occurred in the Rajya Sabha on the question, whether there is even a need to enact a separate law against lynching or are the existing laws enough to deal with the crime. But before beginning a pandora of discussions on it, it is important to first analyse the concept of lynching, its evolvement and the reasons for its “supposed sanction” both in the earlier and the current times. This article mainly discusses the recent judgment of the Supreme Court of India (Tehseen S. Poonawala vs. Union of India) directing the Parliament to draft a new law to stop lynching. The paper begins by analysing the concept and tracing the origin of lynching. The paper further examines the statistical data of the past mob killings in India and concludes by analysing the above-mentioned Judgement of the Supreme Court regarding lynching.