Volume I - Issue IV / 2018

'Transgenders' are referred as individuals of any age or sex whose appearance, personal traits, or behaviours dissent from stereotypes. Their identity or behavior falls outside the purview of stereotypical gender norms. In this manner, it can be derived that it is community generated. The Constitution of India mandates right to equality as a fundamental right and any form of discrimination is considered as an anti thesis of the same. The Constitution also ensures right to privacy and personal dignity. In spite of the constitutional affirmation of fundamental rights and equality in all spheres, it is to be noted that the third gender continues to be ostracized. Different facets of such deprival refers to infringement of right to marry, right to claim an identity, right to education, employment, and so on. This leads to their seclusion from the very fabric of civilized society and are subjected to many forms of harassment. Major scenario of discrimination faced by the community is in the matter of employment. This paper explores the different facets of discrimination faced by the transgender community in India.

The prominent English legal scholar Salmond has properly seen that law looks to direct the lead of people in the society. It is in this manner, the consequence of advancement and improvement of the general public. The advancement of law can be truly followed back from the birthplace of common society. With the steady advancement of society, individuals began living and cooperating, framing bunches which in the end prompted the arrangement of the State. There was requirement for controlling the direct of people bury se; along these lines, State shaped the tenets of administration which later came to known as “law”. Hence, improvement of law is a procedure which proceeded with the progressions and headway in the societal conditions. Law is for the most part made to address the issues of the general public and subsequently, it is a dynamic idea which experiences changes with the changing needs of the general public. The advanced innovative development has empowered human culture to succeed and advance and yet has offered ascend to new issues which were up to this point not known to humankind and digital criminally is one such hazy area which rose just a couple of decades back. The colossal advancement made by PC innovation amid the last quarter of the twentieth century has now made it workable for the general population to outwardly visit, send messages, and transmit data and direct business with a man in any piece of the world through web. The PC as an inventive component has expanded our ability to store, look, recover and impart information as additionally availability to data which has made it workable for us to speak with any individual, anyplace, whenever on the planet.

This paper discusses the relevant provisions of the Indian statute, highlighting the protection offered to Well-Known Trade Mark’s proprietors from passing off and infringement of well-known trademarks. It provides for what acts constitute passing off and infringement of well-known trademarks, what are the remedies available, who can sue and be sued and the defenses available in case of well-known trademark violation. The paper also discusses the factors to be considered in case of passing off and infringement action along with different judicial pronouncements given by Indian Courts.

If murder destroys body of an individual, Rape degrades sole of the helpless female. As defined by Lowie, “Marriage is relatively a permanent bond between permissible mates.” Marriage, often known as a wedlock is a relationship of trust and that of affection. A husband exercising sexual superiority by getting it on demand and through any possible way, is not a part of the institution of marriage. On emotional and religious grounds, the role of a wife has traditionally been understood as submissive and docile and that of a homemaker. Sexual intercourse is treated as a ‘Taboo’ and this often gives rise to highly disputed issue called “Marital Rape” or “Spousal rape”. The offence of Rape is one of the most gruesome and barbarous crimes perpetrated against women. Marital Rape, though not defined as a crime, in India is one of the most debatable and divergent issue. Women are moreover treated as an object of pleasure and a property of the husband since time immemorial. They have been victims of crimes like rape, sodomy, sexual harassment, female infanticide etc. In recent times, where the general public is fighting for equal rights for both men and women, the rate of crime against women is proliferating. Many a times people misunderstand that an institution of marriage where two souls tie a wedding knot to be companions for lifetime, gives the husband a liscence or the right to have sex with his wife forcefully or in other words, marriage takes away the right of a lady to refuse to have sex with her husband. This paper basically points out the flaw in Exception 2 of Section 375 of the Indian Penal Code 1860 and is the wife an object or property of the husband ? Is she not given any right to protect herself form the lust of her husband and prevalence of the problem of marital rape and the factors for why men rape their own wives in order to ensure gender justice.

In light of the recent Supreme Court ruling on Section 377 of IPC [1] , this article explores the concept of homosexuality and gives an idea about the arbitrary, irrational colonial era law, the penal punishment given and the numerous constitutional rights that have been encroached. It highlights the observations of the five judge bench of the Supreme Court and also traces the legal battle regarding this particular section from the first attempt made to question the constitutional validity and takes the judgments by the Supreme Court judges in the case of Navtej Singh Johar and Ors. v. Union of India [2] as its base and explores the legal, moral, ethical and social restrictions posed on the LGBT community. It further explores the history of homosexuality in India before the British colonization and mainly concentrates on the attitude of the Indian society towards the LGBT community after the judgment and their preconceived notions and rigid stereotypes. It talks about the acceptance from the society, peers and more prominently from the family. It highlights the representation of the LGBT community or lack thereof in the Indian films and television. It talks at length about how the judgment though gives a spark of hope for the better treatment of the LGBT community; we as a society still have a long way to go to make it a safe place for them where they are not discriminated or prejudiced against. [1] Indian Penal Code 1860. [2] W.P. (Crl.) No. 76 of 2016.

Exhaustion of trade mark rights mean when the owner/proprietor of a trade mark sold or transfers its rights to any other persons that moment only the owner/proprietor losses its rights to that certain product or good. And that right which he holds is transferred and started to being exercised with the new owner/proprietor. There are certain rights that an owner of registered trademark holder holds which make him/her different from the others people who poses to be owner of trademark but they are not registered. The rights which a trademark holder/owner enjoys are rights provided by the registrar of trademark. Parallel Imports is also known as grey market goods. Parallel imports referred as when the registered product is sold in other country market without the consent of the owner of that product those products are original product they are not counterfeit product. This is occurring because of the higher price of that product in the other country. The seller/exporter will sell that product relatively cheaper than the price of the owner if he is selling in that country. The seller or exporter will purchase good from the home country of the owner and will sell it in other country where the price of that good is much more higher or whether that product is not available in other country.

Separation of power to an extent that all democratic machineries function with utmost efficiency is a utopian dream. Where there is power, there is struggle for it. Power binds and breaks, and when the struggle of power is between the organs of government, namely, legislature, executive, and judiciary, it becomes a threat to democracy. Absolute separation of power is impossible and difference of opinion among the three pillars is natural. However, these differences must not turn into fights. Such conflicts or latency of such conflicts are often explicitly visible between the legislature and the judiciary. An example of such a fight or struggle for supremacy is the Kesavananda Bharati v. State of Kerala (1973, Supreme Court of India). This case not only overruled or nullified several judgements and provisions of Constitutional Amendments but also changed the course of Indian Judiciary. Thus, this case is of paramount importance not just for lawyers but also for students and scholars in the social sciences. This papers along with legal aspects of the cases also explores the political angle of the case. The paper also elucidates the conflict both inside and outside court. The paper mentions how Indira Gandhi government tried to influence the judiciary and made several changes in the structure and functioning the apex court.

This paper explores the different ingredients that constitute the elements of crime. The object of the paper is to study and analyze the various principles laid down regarding elements of crime and it also aims at studying the historical development of these elements of crime. The paper aims to have a detailed study and analysis of the judicial interpretation of elements. It deals with the significance of elements of crime in holding an individual criminally liable. This research paper also critically analyzes the legal jurisprudence developed on the elements of law and why elements of crime are required to hold an individual liable for an offence.

In this article we think about United States and European Union help for two-sided and multilateral global exchange law. We survey the help for universal law of both exchanging alliances by concentrating on the accompanying four measurements: administration, assent, consistence and disguise. In spite of the fact that we find solid help for worldwide exchange law from both the US and the EU all in all, we likewise witness some variety, most remarkably in connection to the structure of special exchange understandings (PTAs) and consistence with World Trade Organization (WTO) law. Swinging to clarifying these (moderate) contrasts, we contend that results in US exchange strategy can best be clarified by a local political factor, specifically the immediate impact of intrigue gatherings. Despite the fact that the association of societal interests likewise goes far in clarifying EU conduct, it doesn't recount the whole story. We set that, in EU exchange strategy, organizations are a specific molding factor that should be focused. In addition, we recommend that outside approach contemplations in overseeing exchange relations have described EU's help for universal exchange law.

India is known for its ethnic and cultural diversity since time immemorial. It has been accommodative of people belonging to different religions, cultural backgrounds, and locale. This paper tries to locate how the recent trend undertaken by various state governments across the country’s landscape to rename cities, iconic places and the practice of erecting statues of stalwarts with political mileage has been perceived by people across the country. The paper also tries to find out how these changes have had an impact or consequence on the lives of people residing in a particular place where the change has taken place. On analyzing the responses collected through an online questionnaire the paper concludes that most of the respondents perceive these measures as ineffective in reviving India’s past glory but rather as a potential source of harm to the society

The separation of the United Kingdom (UK) from the European Union (EU) famously known as the ‘BEXIT’ is very possibly going to have a significant impact on the environmental situation in the UK mostly because most of the UK governance w.r.t the environment stem from the EU treaties and policies. This research paper aims to study the Impact Brexit can and will possibly have on the Environment and how the UK may potentially deal with the issues related to environment protection the law of which stem from the EU which UK is a member of till Brexit actually happens. In conclusion the researcher finds that leaving the EU will not do away with the need for pooling its’ sovereignty at an international level to ensure that Brexit does not end up having an adverse effect on environment. I.e. UK will have to seek of international assistance in order to maintain the standards of environment protection as is held by it now.

The online trading is growing broadly day by day, which makes safety the biggest concern while carrying out trading by electronic means. As many other operations can be done with digital environment and internet, operation that provides identity confirmation should also be added to the digital environment. When data are transferred, the user should make sure that there are no alterations in the original data while transferring them from sender to receiver. And it has also become necessary to authenticate the users often to ensure safety and to avoid fraud. There are lot of divergent ways of online identification, in which digital signature is considered to be one of the powerful way of authentication. So, the online user use digital signature to authenticate the sender and to maintain the morality of the document sent. In this paper, a study is carried out to identify the usage of digital signature and the view of people towards it in developed and developing countries and a survey is taken to support the theory.

The world health organization (WHO) has observed that over 70 percent of all human ailments are influenced by environment deterioration. The industries are the sources of hazardous emissions and effluents. The use of chemicals insecticides and pesticides in agriculture also leaves dangerous residues. Transport, whether by land or water or air contaminate the environment. Public health infrastructure- sewage, garbage and drainage- has a detrimental impact on the environment. The food we eat, the water we drink, and the house we live in are not free from contaminants, affecting our health and causing a spectrum of ailments. The judiciary to fulfill its constitutional obligations was and is always prepared to issue ‘appropriate’ orders, directions and writs against those people who cause environmental pollution and ecological imbalance. This is evident from a plethora of cases decided by it starting from the Ratlam municipality case [1] . This paper aims to bring attention to the evolution of Environmental laws through judicial activism and precedents since then through various case laws which raised questions of laws pertaining to the same. When the duty of court has been invoked to uphold the resources of the state as part of their functioning, various interpretation and implementation of environmental laws have come into picture. This paper emphasizes on the Principles and Doctrine propounded by Indian Judiciary. Few of them are Principle of absolute liability evolves in the case of M.C. Mehta v. Union of India [2] , Polluter pays principle in the case of Indian council for enviro-Legal Action v. Union of India [3] , and many more. The method of research is doctrinal in nature as it deals with pre-existing documents and from recent resources including various landmark judgments. [1] Ratlam Municipality V. Vardhichand, AIR 1980 SC 1622. [2] AIR 1996 SC 1466. [3] (1996) 3 SCC 212.

From the village of naxalbari in west Bengal the term naxalism is derived. Naxalisim is an informal name given to radical, often violent, revolutionary communist groups that were born out of the Sino-soviet in Indian Communist Movement. It was initially started with a rebel by a group of people against the local landlords, as a peasant was bashed by the local landlords over land dispute.. The objective of the rebellion was, “Rightful redistribution of land to the working peasants.” The Naxalite movement is not principally a rural, agrarian problem as the doctrine of the Naxalites argues, but is a problem of the leading edge of the urban intelligentsia. Now naxalisim is one of the biggest security problem faced by India. Naxalisim not only affects the internal security but it also affects the external security. This paper aims to study the Naxalite movement in India and the problems faced by the Naxalites. The object of this research paper is to identify the root causes of the Naxalite movement in India and mode of operation identified to tackle its existence. The government of India had made certain provisions to stop the entry of large number of people and to rehabilitate the affected population but the main problem lies in the implementation of these provisions so in this study we try to focus on the solutions and how these provisions can be conveyed to the isolated mass in a substantiated way. This paper also focuses on the the naxal tactics and strategies and the suitable measures that should be taken by the government to abolish the existence of naxalism in India. It also speaks about the naxal’s as well as government’s point of view. It furthermore emphasizes on the evolution of the naxalism in India for the purpose of understanding the reason of its present domain and to tackle the problem faced by the Naxalites. A few keywords in this paper can be seen as ‘naxalism’, ‘rightful redistribution’, ‘ideology’, ‘revolution’, ‘urban intelligentsia’, ‘India’.

To deal with the problem of shortage of food for the ever-rising population, the scientists manipulated the genes of plants, giving birth to the concept of genetically modified (GM) crops and seeds and the transgenic method of farming, which was seen as the saviour to meet the requirements of time. This technological advancement was soon encashed by the eagled-eyed MNCs, well anticipating the amount of profit the GM crops and seeds can earn them. Transgenic farming saw a full-fledged growth since 1982 with the production of antibiotic- resistant tobacco plant. The issue of rising corpocracy in relation to GM crops has become debatable both at national and international fora. The ‘depicted charisma’ of transgenic farming by the MNCs has made competent authorities turn blind eye of its impact on environment. This paper analyses the implications that flows from the rise of GM food. Taking a brief look into the history of GMOs in Chapter I, this paper proceeds to give a glimpse of a number of international rules/regulation/codex attempting to regulate the GMOs in the absence of a specific international instrument dedicated to GMOs under Chapter II, whereas Chapter III discusses how the Indian government has tried to tackle with the issue of GMOs by providing rules, further drawing the comparison of how much India has tried to incorporate the international standards with respect to the same. The role of MNCs and effect of GM seeds on farmers is dealt in Chapter IV. Discussing the environmental impacts of transgenic farming under Chapter V, the authors have summed up the paper while quickly looking into the comparison between transgenic and traditional methods of farming under Chapter VI which is Conclusion.

The Cybercrimes are in charge of the intrusion of typical PC works and have been known to cause the defeat of numerous organizations and individual elements. This examination paper plans to talk about after parts of Cybercrimes: the definition, why they happen, laws overseeing them, techniques for carrying out cybercrimes, who they influence, and cybercrime counteractive action methodology. All the more particularly, this paper will dive into one fundamental case of cybercrime "hacking". The report will demonstrate the use and movement of innovation has enhanced distinctive sorts of wrongdoings, for example, robbery violations and psychological warfare. Additionally, this report will show factual information which will give a thought of how far cybercrimes has increment over the time of ten years or more.

Under the Constitution, police is a subject governed by states. [1] Therefore, each of the 29 states have their own police forces. The Centre is also allowed to maintain its own police forces to assist the states with ensuring law and order. [2] Therefore, it maintains seven central police forces and some other police organizations for specialized tasks such as intelligence gathering, investigation, research and record-keeping, and training. [1] Entry 2, List II, Schedule 7, Constitution of India, 1950. [2] Entry 2 and 2A, List I, Schedule 7, Constitution of India, 1950.

The prominent English legal scholar Salmond has properly seen that law looks to direct the lead of people in the society. It is in this manner, the consequence of advancement and improvement of the general public. The advancement of law can be truly followed back from the birthplace of common society. With the steady advancement of society, individuals began living and cooperating, framing bunches which in the end prompted the arrangement of the State. There was requirement for controlling the direct of people bury se; along these lines, State shaped the tenets of administration which later came to known as “law”. Hence, improvement of law is a procedure which proceeded with the progressions and headway in the societal conditions. Law is for the most part made to address the issues of the general public and subsequently, it is a dynamic idea which experiences changes with the changing needs of the general public. The advanced innovative development has empowered human culture to succeed and advance and yet has offered ascend to new issues which were up to this point not known to humankind and digital criminally is one such hazy area which rose just a couple of decades back. The colossal advancement made by PC innovation amid the last quarter of the twentieth century has now made it workable for the general population to outwardly visit, send messages, and transmit data and direct business with a man in any piece of the world through web. The PC as an inventive component has expanded our ability to store, look, recover and impart information as additionally availability to data which has made it workable for us to speak with any individual, anyplace, whenever on the planet.

This paper takes a subjective perspective as how to hate crimes committed against a particular group terrifies the entire community. The fact that prejudice overpowers people to carry on belligerent acts of violence poses a threat to the society. Hate crimes occur when crimes are targeted against an entire community. It involves communal violence where religion plays a key role, ethnic violence, crimes against LGBTQ community, discrimination against scheduled castes and scheduled tribes, taboo violence, hate speeches etc. Hate crimes in India has risen by 41 percent, communal violence is on the rise, the hate speeches have become rampant in the name of free speech, riots and caste discrimination. An April 11 Pew Research Centre analyses of 198 countries listed India as fourth worst in the matter of religious intolerance. To avoid the same in the future and for bringing amelioration, several constitutional provisions were laid down, however, political parties in many instances, have portrayed malice, in order to gain votes from the entire community, just like in Babri Masjid case of Ayodhya. Not only have people become rigid and dogmatic with their stereotypes, they force it by violence others who they find inappropriate for the society. Physical harm is not the only threat faced but also mental assaults done as a part of hate speeches creating a sort of mindset for perpetrators affecting the victim at large and also terrifying the entire community. Creating awareness and well-versed laws is a necessary to stop such aberrant behaviour of people committing hate crimes. This research article aims to provide an overview on the different types of belligerent hate crimes is present in our society.

Aadhaar is a 12 digit unique identity number issued to all Indian residents based on their biometric and demographic data. The data is collected by the unique identification authority of India (UIDAI), a statutory authority, under the ministry of electronics and information technology. Aadhaar was drafted to take command over few internal problem of the system and to have a check over the person residing in India. To understand it more clearly we can imagine a scenario as if there is any welfare program of government, it does not reach the poor because of the leakage in the system. India being a welfare country has the motive to help the needy but they are not able to do so. The first and most criticized problem relating to Aadhaar is that it is introduced as a money bill which is against the article 110 of the constitution India. Secondly it is potentially possible that right of privacy may be infringed because of Aadhaar unique identification number and Section 33(2) permits disclosure of information under Aadhar act, including identity and authentication information, made in the interest of national security in pursuance of a direction of an officer not below the rank of Joint Secretary to the Government of India specially authorized in this behalf by an order of the Central Government. This paper focuses on brief history of Adadhar, its card utility, and most controversial question that is Aadhar bill is a money bill or not and whether it infringe right to privacy of individual.

“From the equality of rights springs identity of our highest interests; you cannot subvert your neighbour’s rights without striking a dangerous blow at your own.” – Carl Shurz Before venturing forth into the vast abyss of a topic that ‘equality as a normative value’ is and trying to comprehend the nitty gritty implications of this concept, let us first strive to understand what ‘equality’ actually means. Equality is a loaded, nuanced and highly contested concept. The idea of equality, identity and equivalence has been employed with various shades of meaning since man began to speculate. At least since the French Revolution, equality has served as one of the leading ideals of a nation. It is, at present, probably the most controversial of the great social ideals. There is debate concerning the precise notion of equality, the measure of the ideal of equality (equality of what) and the extension of equality (equality among whom)