Volume II - Issue I / 2019

With the growth of internet, the trade mark law met with the issue of new type of trade mark infringement that are committed on the internet by way of ‘cyber- squatting’ or ‘domain grabbing’; key word advertising and the problems that the omnipresence of the internet poses to the principle of ‘territoriality’ of the trade mark law. [1] The trade marks are distinctive signs whose pivotal function is not only to identify the product but it also serves as an indication of the source for the consumers. The trade mark law protects the interest of the traders and the consumers’ altogether. It is generally seen in the sphere of E-commerce that unfair trading of trade mark usually takes place whereby the cyber- squatters who has no legitimate interests in the domain name and usually in bad faith, registers the domain name which is identical or somewhat similar to the trade mark of the proprietor, [2] for example, where some unrelated party registered www. penneys.ie. Hence, the online consumers have no assurance as regards to the reliability to the source from which they are buying and what actually they are purchasing except for the domain name. [3] The problem of cyber- squatting arose in late nineties in which the traditional trade mark action involved the use of the trade mark in the course of the trade. [1] Jeremy Philips & IIanah Simon, Trade Mark Use (Oxford University Press 2005) 263 [2] James Plotkin, ‘The Model for a path forward. A proposal for a model law dealing with cyber- squatting and other abusive domain name practices’ [2015] 27 Denning Law Journal accessed 1 January 2015 [3] Jessica Sganga, ‘Trademark owner’s strategy: Litigation v the UDRP’ [2013] 13 Pepperdine Dispute Resolution Law Journal accessed 2013 (301)

This paper showed a picture of the future globalization, how the globalization in future will be applied. The study explained the role of technology in the surge development of globalization. Furthermore, it illustrated the concept of future globalization and the concept of modern Globalization. Also it gave a close look at the impact of globalization on the international trade system. Moreover, in this paper the relations between international, state law and globalization were part of this work. The scope, types, and sources of International law were illustrated in details.

It is estimated 187,000 suicide deaths in India in 2010, and almost half of all suicides (92,000) were due to pesticide self-poisoning. Addressing the problem of suicide is hindered by the underreporting due to stigma and fear of negative consequences on the part of survivors and affected families. Status of attempted suicide in India is ambiguous. Section 309 of the Indian Penal Code (IPC) states: “whoever attempts to commit suicide and does any act towards the commission of such offense shall be punished with simple imprisonment or with fine. The Mental Healthcare Act of 2017 introduced a public health approach in India and was heralded as decriminalization of attempted suicide. The Act states, “Notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code. Government has a duty to “provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to suicide. Despite the passage of this act, there is no evidence that approach to treating suicide survivors in India has changed. As in cases of suicide and attempted suicide, if a person is admitted to hospital, still staff needs to open medical-legal case (MLC) and report it to the police. Even though Section 309 of IPC is rarely enforced (ref), there is a widely shared perception in the community and among government officials that suicide and attempted suicide is a punishable offence leading to negative consequences and persecution for survivors and affected families. This perception increases stigma associated with suicide, pushes the problem underground by discouraging suicide reporting and help - seeking behaviour.

The expression ‘Social and Economic Justice’ involves the concept of ‘Distributive Justice’ which connotes the removal of economic inequalities and rectifying the injustice resulting from dealing or transaction between unequal in society. It comprehends more than lessening of inequalities by different taxation, giving debt relief or regulation of contractual relation; it also means the restoration of properties to those who have been deprived of them by unconscionable bargains; it may also take the form of forced redistribution of wealth as a means of achieving a fair division of material resources among the members of society. Social justice is concerned with the distribution of benefits and burdens. The basis of distribution is the area of conflict between rights, needs and means. The Constitution of India has solemnly promised to all its citizens justices-social, economic and political; liberty of thought expression, belief, faith and worship; equality of status and of opportunity; and to promote among the all fraternity assuring the dignity of the individual and the unity of the nation in three parts, one is Preamble as I mentioned before, second Fundamental Rights and thirdly through Directive Principles. In this paper, an analysis has been made as to how the social and economic justice removes inequalities and provides for proper distribution of benefits through the provisions of The Indian Constitution.

This research has examined the problem related to the child sexual abuse and the victimization of the innocent child. A child sexual abuse represents the threat to the safety and well-being of our children. Child Sexual Abuse is a devastating crime, with long-term negative impact. The paper mainly tries to focus the areas on which child can get justice. The paper tries to cover the new law in context as well as the suggestions regarding to the upliftment of the child to give them a secure future.

Joint family is a fundamental aspect of Hindu Law in which the concept of joint family is where their common ancestor and his male lineal descendants along with other members such as wives, daughters, unmarried persons who stay together under one roof sharing everything in common. In both the school i.e. Mitakshara and Dayabhaga. The concept of joint family property is the area which makes each of them different from one other. For every Hindu there will be no escape from the Joint Family, may be in one generation or other the Hindu will come into the existence of Joint Family automatically. Therefore it is mentioned under the Hindu Laws that there is a presumption that each family will be considered as a Joint Family. So under this article would be focusing more on the concept of Hindu Joint Family involved and the major roles played by of Karta, Coparcenary in handling with the Joint Family Property. Apart from all the above will come into the major difference between Mitakshara and Dayabhaga.

The concept and canon of Principles of Natural Justice along with is applicability is not new to our Justice delivery system. Not to defy, it is as old as the system of dispensation of justice itself. It has by now assumed the importance of being, so to say, "an essential inbuilt component" of the mechanism, through which decision-making process passes, in the matters stirring the rights and liberty of the people. Without any doubt, the principles are encompassed in the procedural requirement under variety of laws but it also ensures a strong safeguard against any Judicial or administrative order or action, which might adversely affect the substantive rights of the individuals. The present case comment relates to the Competition Appellate Tribunal which came down heavily upon a Competition Commission of India’s final order which was pronounced on 10th of June 2015 in the presence of Chairman and four other members including Mr. Sudhir Mital who did not take part in the hearing of the case held on 8th of January 2015. Competition Appellate Tribunal without any doubt regards this move of the commission as a “grave miscarriage of justice”

In India there has been rapid environmental degradation due to the over exploitation of natural resources triggered by urbanization, industrialization and population explosion. There is therefore, a great need for protecting the environment and ensuring development in a sustainable manner. To resolve the problem of environmental degradation, the experts worldwide have come up with a doctrine and principles like sustainable development and precautionary, polluter pay principle which essentially advocates harmony between development and environment protection. It is to be emphasized that with the help of these environmental principles and standards that an effective environmental law could be evolved in India. There are various laws, principles, statues, rules and regulations are enacted for protection of environment. Still there is rapid environmental degradation therefore this paper specifically examines precautionary principle and polluter pays. Precautionary Principle and Polluter pays are important approaches in environmental law for protection of environment and to achieve sustainable development it is necessary to emphasize on the need to follow certain framework principles of environmental law. This paper explores the concept and development of the principles through judiciary. The paper examines application of precautionary and polluter pays principles. Finally, the paper concludes that the principle plays an important role in protection of environment and to achieve sustainable development.

For a warrior, nothing is higher than a war against evil. The warrior confronted with such a war should be pleased, Arjuna, for it comes as an open gate to heaven. But if you do not participate in this battle against evil, you will incur sin, violating your Dharma and your honour. - Bhagavad-Gita 2.31 The word cyber and its relative dot.com are probably the most commonly used terminologies of the modern era. In the information age the rapid development of computers, telecommunications and other technologies has led to the evolution of new forms of trans-national crimes known as “cyber crimes”. Cyber crimes have virtually no boundaries and may affect every country in the world. They may be defined as “any crime with the help of computer and telecommunication technology”, with the purpose of influencing the functioning of computer or the computer systems. The extent of loss involved worldwide of cyber crimes is tremendous as it is estimated that about 500 million people who use the Internet can be affected by the emergence of cyber crimes. Cyber crimes are a very serious threat for the times to come and pose one of the most difficult challenges before the law enforcement machinery.

The role and approach of United Nation Organization has been questionable at global level. Due to the action of terrorism had created hue and cry at international level, all countries bother about sanctity of U N. The organs of U N has working for creating and maintain peace and security at the global level specifically Security Council and General Assembly. the UN has taken a leading role in the task of combating and eliminating international terrorism. The global integrated response to terrorism undoubtedly demands participation from this organisation and this requires the adoption of normative measures with universal scope and content. The UN has been occupied with terrorism-related matters for a long time now, but this ongoing activity has intensified in recent years. Of course all the organs of the UN in one way or another participate in the adoption of different types of counter-terrorism measures or they make statements about terrorism.

Cryptocurrency is a digital coin money of a country which is established electronically in which methods are accepted for encoding and are recycled to manage the whole of created money and it is also beneficial to check the transaction of cash which are performing its function freely and without any restrictions of a central bank. One of the most ordinary instances of cryptocurrency is Bitcoin which is gaining popularity in India every now and then even with restrictions upon it to use in India. The main difficulty to use these cryptocurrencies is its safety controversy. These digital coins are not as much protected as the people think they are. The second difficulty faced by many people is the variation problem of the currency is not known to anybody as it is uncertain. Anything which varies so much is the most ineffective thing to use. There are many things which India needs to learn from this digital era are that some are for their benefit but some of them are to create tension and to worry about. Even though we all know that India is moving fast towards the era of Digital age and that day is not far away that India will also be considered as one of the most developed nation in the world. These virtual digital coins will be more popular in the coming future. However, there is no confirm institution to determine the number of bitcoins and to decide about the number for the production, keeping the document about how many are there and to interrogate in case of any issue. It can be considered as association of connections. They are controlled by the non-centralized network. Their actions are guarded by their owners and the highly strict codes are developed to safeguard their boundaries in which they work accordingly.

As the field of personal Law could be an immense field therefore we actually have restricted the scope of this research paper to the fault ground theory of divorce under Indian personal law. With about 27 million Divorce cases are pending in various courts across the country, Indian judiciary is struggling to clear a Huge backlog and at least over 90 million people are waiting for Justice. Under all the Indian Personal laws, dissolution of marriage relies on guilt or fault theory of divorce. In the whole research paper, we have discussed about pendency of divorce cases, Res Judicata and somewhat about irretrievable breakdown of Marriage. As irretrievable breakdown of marriage also play a significant role in pendency of divorce case due to absence in ground under section 13 of Hindu Marriage Act, 1955. The main thing focused on applicability of Res Judicata, that is matrimonial cases is not applicable to this rule on a subsequent suit. According to judgement given by Justice of Uttarakhand High court, proceedings for judicial separation under section 13 of Hindu Marriage Act, 1955 will not be barred by principle of Res Judicata, due to prior proceedings for restitution of conjugal rights under section 9 of the Act. The research paper analyzes the common aspects between the provisions of the varied personal law statutes.

A chain of brutal rape cases in India has shattered the nation to its core. In our country where on daily basis nearly or approximately 106 rape crimes committed per day , what are the steps taken or the laws made to stop these crimes? And whether the laws made are seriously implemented? In this paper basically we are talking about the role of the judiciary in providing better justice to the rape victims. This paper will consist of the committing of the heinous crimes like rape, the independency of judiciary which many times go beyond its powers to provide justice to the rape victims, another thing is how forensic science or forensic evidences helps or assists in favour of the survivors or victims of the rape, how judiciary has changed from the past, what are the differences between its past judgements and the decisions in current scenario. Here many cases have been cited with their judgements to show the judicial trials or efforts to provide justice. The very popularly known as Nirbhaya case has been discussed in this paper, which shattered the whole nation. And because of this incident many amendments were introduced to the laws of the country whether it is in constitution or in the statute (Indian Penal Code). These amendments are also have been discussed in this paper and the verdict of the verma committee set up immediately after the Nirbhaya Case. Mentioning of magnifying of punishments given to the accused of the offences so that such crimes can be stopped in the nation.

E-commerce is growing at a fast speed in India as India is seen as a producing a sizeable and profitable market for e-commerce business. However, e-commerce laws in India are still not clear to most of the e-commerce entrepreneurs. As a result most of the e-commerce websites are not following the laws of India and are inadvertently (without knowledge) violating the laws of India. Regulatory authorities of India have started questioning the operations of e-commerce websites of India and many of them are facing potential legal actions. The tussle is not merely between the regulatory authorities and e-commerce website owners but it also extends to disputes between e-commerce websites and their consumers. Most of the consumers are not aware about their digital rights while dealing with such e-commerce companies and websites. At the same time there is lack of forums and dispute resolutions platforms for digital consumers in India where they can agitate their claims. In short, e-commerce dispute resolution in India is still to be managed by Indian Government. With the rapid development of the Internet and electronic commerce, dispute resolution mechanisms are needed to help resolve disputes between parties located anywhere in the world in a manner that is fair, expeditious and cost effective. ADRs are evolving with new technologies, making it possible to solve a dispute through electronic mechanisms of which Online dispute resolution (ODR) has been labelled “a logical and natural step” for the resolution of disputes that arise on the Internet without the physical presence of the parties involved. This paper presents the ODR phenomenon with a specific focus on policy-making and regulatory problems in India. It argues that the current regulatory framework for online dispute resolution is, to a large extent, defective. Existing deficiencies result not only from a lack of comprehensive ODR law, but also from the weaknesses of the other modalities of regulation: market, norms and technology. Arguably, the current “hands-off” approach to regulating ODR has been unsuccessful, and it is time to re-examine that position. Key-Words: E-commerce, Consumer, Dispute, Online.

Due to growth and development in technology there has been enormous change in day to day life. It is very easy to communicate through technology which increasing reliance on electronic means of communication, e-commerce and storage of information in digital form. This rise and development of technology has intense effect on legal rules in legal system especially in the field of evidence. This modern technology has generated and created materials that are considered evidence in courts. It caused a need to transform the law relating to information technology and rules of admissibility of electronic evidence both in civil and criminal matters. This paper is an effort to relook the laws of digital evidence & its admissibility and relevancy while appreciating various issues involved with help of case laws & interpretations in India, USA and UK.

“While the King indulges in war, the civilians die.” -Bengali proverb Oxford dictionary defines ‘War’ as “A state of armed conflict between different countries or different groups within a country”. War leads to the path of destruction. War not only takes away the life of millions of people but also left a disastrous effect on future generation for long time. Some suggests that war is a weapon to eliminate evil. Some warmongers also gave excuses in the favour of war as it is an instrument to wipe out evil. It is also opined that by some group that war is the ultimate choice to establish peace. That’s why question lies that if humanity and basic human rights breathed its last by the way of violence at war then how peace will be established. To restore human right if war is the need of the time then that should not be at the cost of innocent civilian’s mortem. This research will analyse present protective measures available for civilians trapped in the war and will try to provide better solutions.

Decency varies from place to place, person to person. With the progress of the society and change in the lifestyle of the people, standard of propriety etc. keep on changing. So with the passage of time, the meaning of decency kept on changing, the degree of morality and decency also took a new look. The 21st century is known as the age of the information and scientific development. In the traditional society exposure of women through advertising, painting, publications or otherwise was not accepted but today it has become a fashion. In the present era, Women, instead of being portrayed as sex objects or glam dolls should be projected in a proactive and empowered manner, which can have maximum impact on the society and bring about an attitudinal/ behavioral change among people towards women. The Indian Constitution in its Preamble, not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women. Within the framework of a democratic polity, our laws, development policies, plans and programmers have aimed at women’s advancement in different spheres. India has also enacted various laws to secure equal rights of women. The Indian Penal Code in Section 292, 293, and 294 IPC mentions laws to curb obscenity. In spite of all these provisions, there is growing indecent representation of women or references to women publications, particularly in advertisements which have the effect of denigrating women and are derogatory to women. Therefore the Indecent Representation of Women (Prohibition) Act 1986 was legislated to effectively prohibit indecent representation of women through any publication, media or advertisement. This paper attempts to discuss laws relating to obscenity & indecent representation of women. The research paper concludes with suggestions through with the problem can be dealt with in an efficient way. My paper would emphasize on the following point.

This Paper provides a concise summary of patent damages in US and India. Any person who invent something which is new as well as unique, which can help in reduction of cost that every class of people get the benefit of the invention, and also, improvement of technologies. On this invention he/she can get a patent for a period of twenty years, and during this period if any person is using, selling the invention, he shall be liable for infringement and patentee or patent holder has right to claim damage from infringer, patent can be extremely important for the patentee as well as world. The general question is that damages will depend on the country where you infringe. Different countries have different laws. In US law, provides Damages in section 35 U.S.C. 284 and the Indian Patent Act 1970, no express provision has been provided, but section 108(1) talks about Damages.

Marine Scientific Research has as noted under the UNCLOS has a limited application. It only covers the international waters and not the territorial sea. However the fact that marine scientific research has a wide scope when states undertake cross boundary research. The developed countries on most occasions choose the waters of the developing country as it is believed to have less stringent regulations. This many a times lead to dumping at the cost of affecting the natural resources on the name of fair use as a part of marine scientific research. This article articulates the thin line between the two terms and its application in the international law especially the concerned treaties like CBD and London Convention. The article emphasizes the same by demonstrating the current popular scientific research i.e. Ocean fertilization and the London protocol brought in to regulate the concerns.

The case of Binani Industries Ltd v. Bank of Baroda and others proved to be a landmark decision by the supreme court of India. The insolvency resolution process is aimed at extracting the maximum value from the auctions of stressed assets. India’s bankruptcy appeals court ruled that the UltraTech Cement Ltd’s revised ₹ 7,900 crore bid to acquire debt-laden Binani Cement Ltd. Going with the order of the NCLAT, it reasoned that the insolvency law’s aim was to provide a resolution process rather than preferring liquidation, in a time-bound manner for maximisation of the value of assets to promote entrepreneurship, credit availability and to balance the interest of various stakeholders. It, therefore, okayed UltraTech’s offer of Rs 79.5 billion, dismissing Rajputana Properties’ Rs 69.32 billion offer. After the resolution plans were invited for bid for the insolvent company of Binani Industries ltd., the premier offer was from UltraTech cement (which is a limb of Aditya Birla Group) was for a sum of 65 billion, which was very low in comparison to Dalmia’s Bharat. The former company had then amended and revised it’s offer to outbid the latter. The revised bid was rejected by the Committee of Creditors (CoC) and the consortium of Dalmia Bharat was duly selected. However, the same was starkly opposed by the operational creditors and other stakeholders like UltraTech, Binani, SBI Hong Kong, EXIM Bank. The NCLAT’s order also ruled out that an insolvency application once filed cannot be withdrawn at a date later merely because the promoter of the financially stressed company has offered to pay all outstanding dues.

Kerala’s Sabarimala Temple issue is about the conflict between women rights and tradition. The situation revolves around the age-old customs and SC’s verdict which gave supremacy to constitutional morality over these customs. The Rule 3(b) of the Kerala Hindu Places of Public Worship [Authorization of Entry Rules, 1965 (Rules 1965)] which states that “Women at such time during which they are not by custom and usage allowed to enter a place of worship” was the basis of the practice of excluding women from the age group ten to fifty years to enter the temple. These Rules were framed under Section 4 of the Kerala Hindu Places of Public Worship (Authorization of Entry) Act, 1965. In 1993, a division Bench of the Kerala High Court had upheld the entry ban saying it is usage prevalent from time immemorial. The HC had further held that only the chief priest was empowered to decide on traditions. A five-judge Constitutional bench of Hon’ble SC ruled 4:1 in favour of allowing women of all ages to enter the temple. It found the practice discriminatory in nature and that it violates Hindu women’s right to pray and practice religion. It also ruled that devotees of Lord Ayyappa do not constitute a separate religious denomination as they do not have common religious tenets peculiar to themselves other than those which are common to the Hindu religion.

When an organisation globalises during Mergers and Acquisitions, it has a bearing upon the efficiency of employees of organisation which are the essential assets of an organisation. The Human Resource Department plays an imperative role at this juncture. This paper analyses the efficiency aspects of human resource management during the mergers and acquisitions. Additionally, it is analysed that how transformation takes place in Human Resource Department by virtue of talent acquisition, talent management, and employee engagement. Further, how Human Resource Department converts itself from being a transactional department to a strategic one amidst the influence of internal and external environment and under the circumstances where employees experience expatriation and estrangement during globalisation This paper follows the doctrinal approach, focusing on the secondary resources which facilitate in examining global issues in three mergers viz. Vodafone and Idea merger, and Walmart-Flipkart Merger from the Human resource perspective.. Further this paper analyses Multinational enterprise issues from Human Resource perspective to bring about the factors responsible for the success and failure in an organisation.

Over the past few years, India has seen a rise in the number of banking frauds. The reason behind the fraud can be attributed to various factors such as negligence of the authorities, absence of due diligence while giving out loans as well as rampant corruption among the hierarchy of the employees of the banks. Though, the government identified that the cause behind the rise of frauds could be due to the absence of a strict enforcement mechanism in the legal system of the country. Hence, they brought an ordinance before the President and introduced the Fugitive Economic Offenders Bill, which was later passed by the Lok Sabha in the monsoon session of 2018. This paper delves into the background of legislating this law with specific reference to the loan defaults and absconding of Mr. Vijay Mallya. Further, it states the chief highlights of this new piece of legislation followed by the analysis of the same.

Right to privacy is a right which has now been recognized as a fundamental right under the Indian Constitution by the Indian judiciary in a recent judgment. Right to privacy came to be an important issue after the Aadhaar controversy which dealt with the collection of intimate data of the citizens of India. This right has evolved over judicial history and it was until now that it was ignored. Activities infringing privacy have time and again been justified in the name of law maintenance. Article 21 provides for Right to life and liberty and it is not only the Indian Constitution that recognizes it, and it has also been the view of various jurists from Aristotle to Bentham who have discussed the concept of privacy of Individual in their philosophies.

Traditionally, in India environmental problems used to be addressed through private law doctrines such as trespass, nuisance, strict liability or negligence in India or remedies available under Indian Penal Code or Criminal Procedure Code.As per section 268 of the Indian Penal Code, 1860, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. The object and purpose behind section 133 CrPC is essentially to prevent public nuisance which involves a sense of urgency in the sense that if the magistrate fails to take course immediately irreparable danger would be done to the public. The provisions of chapter X CrPC should be so worked as not to become themselves a nuisance to the community at large. Although, every person is bound to so use his property that it may not work legal damage or harm to his neighbor, yet on the other hand, no one has a right to interfere with the free and full enjoyment by such person of his property, except on clear and absolute proof that such use of it by him is producing legal damage or harm.

Intellectual property can comprise of various zones, from logos and corporate identity through to products, administrations and procedures that separate your business advertising. It's the point at which these thoughts are utilized without authorization that an organization can suffer. All organizations have without a doubt profited from the internet, where products, administrations and marketing communications can contact tremendous audiences at relatively low expenses yet this has additionally expanded the chances of intellectual property theft . IP protection applies to organizations of all sizes even tremendous companies have had their thoughts infringed upon and have made multi-million pound claims simply look at the on-going question amongst Apple and Samsung over their smart phones.

There is something touching about a girl manufacturing a volume of essays in memory of her father, whether or not (some would say, notably when) the providing is created posthumously. This assortment of speeches, delivered by an eclectic group of personalities – comprising of practicing and educational lawyers, serving and retired judges and a social scientist – between 2004 and 2017, stands testimony to the love and regard during which Sujata Manohar, a member of the Mumbai Bar (who went on to become a judge of the Supreme Court of India), held her late father, Kantilal Thakordas Desai. Popularly called 'K.T.' in legal circles, Desai was himself a outstanding attorney and judge of the Mumbai state supreme court during the last century.

Confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed the crime. The Criminal Justice System in India is adversarial in nature and requires the prosecution to investigate prove the guilt of the accused person. Self-incrimination is a situation whereby the accused either by compulsion or force is made to provide a statement against himself by the prosecution. Article 20 (3) protects the accused person from self-incrimination. Right to remain silent is an essential of fair trial and every accused has the right to fair, just and equitable procedures to be followed in each stages of the trial. The Indian Evidence Act renders inadmissible any statement which amount to confession made by the accused when under the custody of Police. A confession made when under the influence of any inducement, threat or promise is also inadmissible. Section 161, 313 and 315 of the Code of Criminal procedure, 1973 provides a presumption which provides a conducive situation in favour of the innocence of the accused. The adequacy of the present legislative measure in preventing the abuse of power by the police and self-incrimination is analysed

This paper aims to look at the use of rape as a weapon of war in conflict areas around the world. The paper not only looks at why the perpetrators believe this is an effective way of torture and intimidation of the general public but also the result of the same on the survivors and their families. The case of Kunan-Poshpora is a specific sub-topic that traces the history of the issue and the struggle of the people against impunity provided to the state armed forces.

Medical malpractice is a serious issue in India and is globally deteriorating millions of lives daily. Medical Malpractice is a legal cause of action that arises when a medical professional deviates from standard professional practices and injures the patient. In common law jurisdictions, medical malpractice liability are normally based on the laws of negligence. A recent survey carried out by National Law School of India University (NLSIU), Bangalore, has pointed out that medical negligence in India has gone up by 400% in the last decade. Every individual deserves the best possible healthcare facilities and if one pays for the best services, he or she deserves faultless treatments. In a world that is health-conscious, people rush to the doctors and place unwavering faith on them. Now the question is whether these people are getting the care they deserve and whether their life is valued as it should be? This article legally analyses one of the most common medical malpractice in India- medical negligence.

The development in technology results in the growth of the nation. But when this development in technology is used as tool against growth, violence prevails. Social media plays a very significant role in influencing the lives of people. The choices that an individual makes, is deeply influenced by the social media tools. Not just this but the publication of fake news have profoundly impacted the brain of an individual to such an extent that even before circulating any such fake news or misinformation, the validity of the same is not even questioned. The right to choose and the right to informed choice both have been threatened by the growing trend of Fake news. Since every individual has the right to freedom of speech and expression, the regulation of fake news is one of the most difficult task before the state. The creation of fake news and the absence of regulatory mechanism in controlling such menace have led to its tremendous growth in last three decades. This rising trend have manipulated various arena’s including the rights of the individuals, the communication and political structure of the country. The unexpected political scenarios, increasing threat to public peace and the disturbance in the social environment are the result of the growing trend of Fake news. The vagueness in the law is also a reason as to why this menace is difficult to control.

Pornography is not only a morally problematic issue in India but also in every corner of the world. A worst and unfavourable impact of the technology can be seen in this era where pornography’s composition is 33% in the world-wide net. The word pornography is defined as “anything written, any photograph, any movie etc. intended to arouse sexual excitement.” The main problem regarding pornography is that there are various technically specialised issues while banning those sites which exhibit pornographic items and how it violates the fundamental rights of speech and expression and to access to the free use of internet which causes a very ill impact on the upcoming generation. Under Section 67 of Information Technology Act 2000, pornography is held as a punishable offence. Therefore, there is an ongoing controversy between the rights of users to access the internet content and legal provisions regarding that particular content. In this article the researchers have tried their level best to discuss various issues and challenges of pornography in India, through various articles, online data, case laws and books. One third of the internet is covered by pornographic content which is resulting in men trying exploiting and suppressing women and children and committing various offences of unnatural sex. To stop this exploitation of women and children, a strong control of law is needed. Through this article researcher highlights pornography, its legal provisions and judicial control over it. Researcher sheds a light upon the adverse impact of porn on society, children and women and recommends strong control of law over it.

The research paper revolved around the socio-economic and political situation of the Asian Countries, the prime focus of the project is to convey the reader that how the situation get modernized in prime countries like Japan India and China who has developed themselves from the conservative mindset to become modernized countries of the present era. The projects also conveyed about inter regional and intra regional political system with special emphasis on the nationalism of different Asian countries. The project also revolves around the foreign policies of India and how they are interconnected for the growth of Asian countries. India has a very great impact on the development of the Asian Countries but there are some problems that we faced regarding the Kashmir Issue and some problem in Indo-china relations which is also a obstacle of the development. The project also discussed the imperialism and communism in Asian countries.

According to a study conducted by Mahendra Kumar Bajpai advocate of Supreme Court, who specialises in Medical Law in 2016 has stated that there is 110% rise in the number of medical negligence cases in India every year and the study also revealed that 90% cases of medical negligence in hospitals . Whenever the medical practitioner’s act falls below the standards of a reasonably competent practitioner in his field or without reasonable care, skill and knowledge or willfully acting negligently in treating the patients, there arises the Medical Negligent. In this article, an attempt is made to point out the medical negligence vis-à-vis its consequences on the public and the failure of the public and the private hospital in fulfilling its object in providing better medical services to the patients while pointing out the concept of the right to health. So also, an enduring is put to trace out the practical predicament the people face amid his pathetic conditions in medical facilities in government hospitals. The higher compensation and effective implementation of the Charter of Patients’ Rights may help in curbing medical negligence.

In a legal sense, the term gift refers to a certain and voluntary transfer of property from one person to another. Under Islamic Laws, a gift or hiba is “transfer of property, made immediately, and without any exchange, by one person to another, and accepted by or on behalf of the latter. It is, the transfer of movable or immovable property with immediate effect and without consideration by one person called donor, to another person called donee. Hindu law defines gift as “the creation of another person’s proprietary right after the extinction of one’s own proprietary right in the subject matter of the gift. Gift has been defined in The Transfer of Property Act, 1882 under section 122 as, “ the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee. In this paper, the author has made an attempt to draw a comparative study between the provisions of gift under Islamic Personal laws and the Transfer of Property Act, 1882 – the legal statute that deals with gifts amongst Hindus.

Corporate Crime is also known as Organisational or Occupational crimes, in White collar crimes. Corporate as a separate legal entity differ from natural person its crime committed by the Corporation and they are liable and guilty for the act. An employee of the corporation held liable for the crime committed? In the preview of the question, under the concept of vicarious liability Corporation held liable and not the employee. Corporations have currently became an integral a part of our society, and with development of firms they need become vital actor in our economy, our society runs within the risk of obtaining exploited by these corporation, and so they must be deterred too. The problem of company crime is exclusive and complicated attributable to many reasons, the first one being the character of company form. The extension of the vicarious liability to offences of mens rea led to the event of company criminal liability. The present paper discuss about the History, nature and type of corporate crime, Liabilities, Doctrine, developing on capital Markets.

The history of India with respect to economic offences is sufficient enough to show the helplessness of government in tackling situations wherein the offender leaves the country for avoiding his confrontation with the prosecution for the same. Fugitive Economic Offenders Act, 2018 is a newly promulgated Act that aims to assist the government in effective mechanism of confiscation and attachment of property belonging to such fugitive economic offender who is avoiding Indian legal system. The past of economic offences where accused turns out to be an escapee is not archaic and offences for the same includes fraud, counterfeiting, tax-evasion, money-laundering, benami transactions, transactions defrauding creditors and other such offences. The law has attempted to cure the paralysis which prosecuting agencies were inevitably compelled to suffer because of absence of offender, however the Act goes much beyond the principles of natural justice and basics of criminology. The paper attempts to discuss such transgression of the Act against Article 21 of Indian Constitution and its silence on crucial facets that it intended to accommodate and serve but being overlooked.

It can be very much seen that ‘these people – depressed class’ exists in all the parts of India. They are not only prevailing in India. They are prevailing in every part of the world but majorly can be seen in India. Depressed class? Why they got a new name like the depressed class? They too are human’s rights? And they too have absolute rights to live in their own country. They too have the rights (both constitutional as well as other rights) like other citizens. But we and the other so-called upper-class status people are neglecting these people to a greater extent. We the citizens of India are also not giving a damn to these issues. Yes, the citizens are not giving due consideration to these issues and blaming the Government to a greater extent. Most of them are not even considering them as humans and also not giving them the respect which they deserve. Can’t we people give proper respect and protection to them? Is the Government is the only body to protect them? We citizens are not responsible for their status in our country even in recent times? Even we are responsible for their status in our country because we are the one who is neglecting them the most. When you ask how in the sense the neglecting is through many ways, we are not even ready to give them the other rights and respect which they deserve. Even when they face any problems we are not ready to give our voice for them and we are thinking that it’s their problem and hence they should strive and not us and also we blame government is responsible for this and not us. Like on all these things either we blame a third party or a Government, but what about us? So we too are neglecting them right?

This paper intends to provide an overview of the crime of genocide through drawing special attention on the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The paper highlights the exigency of a more comprehensive approach to the prevention of genocide globally, by addressing the existing lacunae of the present Convention. The paper interprets the meaning of genocide through a closer look at the various provisions of the Convention.

The basic principle or the objective of the competition laws all over the world is to protect the consumers and to prevention such “practices that harm the normal routine market practices between the independent parties who aim or who are competing for a larger slice of the market. The Single Economic Doctrine lays down that irrespective of the legal status of two or more enterprises can be said to form a single entity for the purposes of competition law”. “The concept of the Single Economic Doctrine was enumerated by the European Commission in 1960s and now it has been accepted in India also. The main reason behind the evolution of the Doctrine is that a subsidiary does not take a decision independently, and when its parent company is involved in a particular business it is a normal course of business that they would decide together,” in fact it is the parent company that decides and the subsidiary follows and thus when they both agree together, they should not be treated differently but rather they should be treated as a single economic entity, as such an agreement cannot be said to be anticompetitive. In the present paper, the researcher will discuss upon how the SEE Doctrine has evolved all over the world especially by referring to European cases and the US cases. Further the paper will discuss upon how the SEE Doctrine evolved in India and it will also state as to the present scenario of the applicability of the Doctrine in various situations. Lastly the paper will try to critically analyse that whether the current applicability of the Doctrine is adequate or not. For the preparation of research paper, the author has mostly referred to the secondary resources like online journals, books etc. to which the author has access. Child abuse is harmful for the children as well as for society. Child abuse occurs in all cultural and ethnic groups. Child abuse can be classified as physical, emotional and sexual or through neglect. In some cases through child abuse can cause serious injury or may result in death. Gender violence – rape, sexual abuse, sexual harassment is a serious issue which should be resolved as soon as possible. There is very small scrutiny done in this vast topic in India and not many volume have been written on it. Providentially, the child sexual abuse issue is becoming more identifying issue, and because of it, this paper will centred around on child sexual abuse: the laws, victims, and perpetrators.

The cyberspace is being taken up by a new form of crime that includes repetitive attempt by one person to contact another thereby causing a sense of threat in the mind of such other person. This emerging crime is popularly known as “cyber stalking”. The authors have made an attempt to deal with the issue of cyber stalking which is a newly coined phenomenon. In first chapter, there is discussion on cyber stalking and then, the types of cyber stalking are mentioned. It is followed by differences between physical and cyber stalking. The authors have focused on the legislative provisions as are mentioned in the Information Technology Act, 2000; and Indian Penal Code, 1860. Lastly, the authors will give a few prevention measures to be followed on everyday basis against cyber stalking and the concluding remarks.

This essay seeks to embark on a brief comparative analysis of amendments of constitutions amongst common law legal systems of the world. In the millennial generation, recognition of personal rights and liberties has reached a high and in this nexus, it is imperative to study and understand the rights and liabilities afforded to individuals and the power of polity to amend these rights. This essay aims to reconcile efforts of various constitutions of upholding or disregarding rights that are often argued to be inalienable through the ideals of natural law. The essay will examine the constitution of the United Kingdom, United States, Canada and New Zealand amongst references to other states. Indian courts have recognized that amendments to the Indian constitution are subject only to the doctrine of ‘basic structure’, this essay aims to examine comparatively ‘to what extent are governments limited in their power to amend the constitution?’ . Judicial construction of constitutional amendments has also been extremely controversial in India, exemplified in the cases of Keshavananda Bharti and Minerva Mills. This essay also aims to analyse the extent of judicial intervention in constitutional amendments and differing status of judicial power in amendments. In India, it has been noticed that the Judiciary plays an extremely vital role in its interpretation of amendments, and has created constitutional law in this sense. However, in the British constitutional mandate, such power is not afforded to the judiciary. This essay will aim to explore the effect of the lack of judicial intervention in constitutional amendments . Yet another pressing issue of controversy which may arise in the course of this research is the question of ‘what is the role of fundamental rights in the amendment of constitution?’ . In India, there has been no judicial authority which has stated that fundamental rights are part of the ‘basic structure’ doctrine, and therefore amendments are not expected to adhere to the fundamental rights of citizens and persons. However in world polity this may differ, and such comparison is crucial to the understanding of the 21 st century world. This essay hopes to understand infirmities and advantages of amending laws in amongst common law constitutions and to reconcile an ideal structure of balance between Legislative and Judicial power in respect of constitutional amendments. It hopes to conclude in anti-Austinian fashion that the lack of judicial understanding of amendments may be largely detrimental to general polity despite questioning the supremacy of the sovereign. The role of fundamental rights has been seen as inessential to the Indian constitution, however this essay aims to compare and understand the relative importance of fundamental rights and its infallibility with respect to amendments. This essay will rely largely on analytical papers on world constitutions, specific case law analysis and statutory interpretation to understand and reflect upon the proposed research questions. The sources will be largely secondary. The sources of initial research are cited below. It is sincerely hoped that this essay may provide a fruitful and in-depth understanding to comparative constitutional law, and deal with pressing ideals of liberalism and the constitution in the 21 st century.

Intellectual property contains various types such as trademark, patent, copyright, geographical indication, industrial design etc. Intellectual properties which are tangible can only be protected through IP rights. These properties like any other properties can be sold, mortgaged, licensed, exchanged or gifted. Patent is one of the major type used in the pharmaceutical market. Patent is a contract between the applicant/inventor and the government, where the government provides full protection to the invention of the inventor for a specific period of time, which means that without the permission or consent of the inventor nobody can use his creation. The usage of drugs and medicines has never gone out of business and people are also present who are willing to pay high amount of money for it. In India large part of the population are unable to afford medicines for themselves as the poverty ratio is very high in compared to other developed countries. India has always tried to improve its pharmaceutical law by implementing and amending the Patent Act time by time. With the rapid growth of industrialization it is very difficult to maintain a healthy completion between the pharmaceutical markets. India being a member of Trade Related Aspects of International Trade (TRIPS) since 1994 has mandate the protection and need of drugs and medicines needed for the poor. Major changes through 2005 amendment has been introduced in Indian Patent Act 1970, such as section 3(d), compulsory licensing, transfer of patent rights etc. In this article we will see how amendment has been done for restricting the big companies in abusing their dominant position, with special reference to the Novartis case.

The concept dealt with in the article is relatively new and an evolving notion. The subject matter of the article was in the media spot light for a good number of days recently. It is much discussed yet mysterious topic. The discussion on the concerned subject matter was quite limited by the news agencies of our country. It was limited to only a hand-full of learned and scholarly people. All the debates and discussions held were beyond the understanding abilities of semi-educated and uneducated masses of our country. Hence, it becomes crucial to explain the topic in detail. The theme of the article has deep connections with prestige and national security of our nation. The article aims at bringing out the meaning and nature of eco-terrorism. It discovers the ways through which terrorism can be spread using natural environment. It also takes into consideration missuse of the concept in current world scnerio.

With The main object of arrest and detention of the denounced individual is principally to verify his appearance at the time of trail and to guarantee that on the off chance that he is discovered blameworthy he should be available to get the sentence. If the presence at the trial reasonably guaranteed otherwise than by the arrest and detention, than it will be unjust and unfair to deprive the accused of his liberty during the pendency of the criminal proceedings against him. The provisions in regards to the arrival of the charged individual on safeguard are gone for guaranteeing the nearness of blamed at his preliminary however without irrationally and outlandishly meddling with his freedom. There is no definition of bail in this code, but yes the bailable offence and non bailable offence is defined under sec 2a [1] . [1] Geet Jain, Bail Bond , Indian Legal Solution, (March 14, 2019, 10:00 AM) https://indianlegalsolution.com/bail-bond/

Sexual harassment of women at workplace is neither new nor a rare issue, yet it is not reported or even talked about enough. By looking at present scenario women at their workplace are more prone to this violence because of the nature of their jobs which involves high interaction with their colleagues. India, on this issue, is a late entrant in formalising sexual harassment as a penal punishable offence. In 1997 S.C. through Vishaka V. State of Rajasthan held that sexual harassment of women is violation of two utmost fundamental rights guaranteed by Articles 14, 19 and 21 of the Indian Constitution. Later on India finally enacted its laws on prevention of such harassment as “The Protection of Women Against Sexual Harassment at Workplace Bill, 2010”and“Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 by which government intended to put a break on such sexual harassment of women and Criminal Law (Amendment)Act,2013”which included section 354A IPC, 1860 that define sexual harassment and prescribed a penalty of 3 years imprisonment with or without fine. But recent data generated by government indicates that there has been a raise in sexual harassment and a number of complaints relating to it at work place have seen an upsurge. This paper is therefore an attempt to explain the sexual harassment in current scenario with its legal status and how organizations can help in maintaining the dignity of a woman.

We live in a country like India which is one of the fastest growing economies of the world and aims to become an economic superpower. However, we forget to take into account the fact that it is not possible for India to become an economic superpower unless we are able to achieve ‘equal pay for equal work’. After all, a recent McKinsey study found that advancing women's equality can add US$12 trillion (S$16.8 trillion) to global growth. The problem of unequal pay for equal work can be studied under various heads like how the constitution guarantees it, where can discrimination be allowed and where it can’t be and most importantly in terms of gender pay gap. Also, various industries, including entertainment industry, which is considered to be a progressive one faces the problem of gender pay gap as actresses, even in many women centric films earn much less than the male actors in the film. This fact holds true for various other industries too. This paper thus attempts to give importance to these issues along with finding various legislations that are there to solve the problem at hand. Certain case laws, articles, statistics and other data including interviews would be collected and analyzed to enhance the research and come up with a meaningful research paper.

Child sexual abuse is a grave issue in India. Sexual abuse is a trauma which can contribute to arrested development and emotional disorders that some children may never overcome. Sexual abuse is the widespread issue which should be taken into consideration. When sexual abuse is not reported and children may not given the protection and assistance which they need, they left to suffer in silence. This article discusses causes and consequences of the sexual abuse of children in India. Socio-cultural and familial risk factors involved in CSA are discussed. Child abuse is harmful for the children as well as for society. Child abuse occurs in all cultural and ethnic groups. Child abuse can be classified as physical, emotional and sexual or through neglect. In some cases through child abuse can cause serious injury or may result in death. Gender violence – rape, sexual abuse, sexual harassment is a serious issue which should be resolved as soon as possible. There is very small scrutiny done in this vast topic in India and not many volume have been written on it. Providentially, the child sexual abuse issue is becoming more identifying issue, and because of it, this paper will centred around on child sexual abuse: the laws, victims, and perpetrators.

LGBT community includes lesbian, gay, bisexual and transgender and Section 377 introduced in 1861 criminalises sexual activities against the order of the nature including gay sex. This ban has been challenged by five high profile petitioners who says that they have been living in the fear of being punished and that section 377 is against Article 14 which is equality before law, Article 15 which outlaws discrimination and Article 19 which gives freedom to form associations. The Supreme court while hearing the case has observed that we cannot wait for majoritarian government to decide on law if it violates Fundamental rights. The petition has come from various members of LGBT community including Sangeet Natak Academy Award winner Navtej Johar, journalist Sunil Mehra, Restaurateur Ritu Dalmia, Neemrana Hotel chain co- founder/ chairman Aman Nath and business woman Ayesha Kapoor. This verdict lay the foundation for future battles as to how people are affected and not being able to report the crimes. section 377 of Indian Penal code was refers to unnatural offences under law i.e., intercourse against the nature and it was said to be unscientific in nature. Act committed under section 377 shall be punished with imprisonment for life or imprisonment which may be extend to 10 years, or shall also be liable to pay a fine. This section infringes the right to equality, dignity, fraternity, life liberty and non- discrimination of the people of LGBT community. The core values of constitution of India consists of these basic rights and since the times are changing so it’s the responsibility of judiciary and legislature to change or modify the old laws, after all it’s a British law and it is over 150 years old. India is one of the most religiously and ethically diverse nations in the world and there are diverse religion, age, sex and other backgrounds so decriminalising section 377 is the foundation of democracy. It preserves the right of equality, right to dignity and privacy of LGBT community. The court decriminalises and read down the section 377 of Indian Penal code and said it is illegal and unconstitutional in nature.

Order XXXIII of CPC deals with the suits by indigent person. An indigent person is one who does not possess sufficient means to pay court fees and unable to proceed with any suit. Every application for permission to sue as indigent person must contain the report of his moveable and immoveable property, with the estimated value annexed with the application. When the application is in proper form and duly presented, the court, may think fit, examine the applicants or his agents and the application must be duly verified and signed by the applicants. The court has the power to reject or withdraw the application under order 33 even in the middle of the proceedings, if the court finds suitable grounds under Rule 5 & 9. If the application is duly admitted and accepted by the court the suit will be treated as any other normal suit and court may also provide the applicant a lawyer to represent him. If the applicant wins the suit the court will then decide who has to pay the court fees but if the respondent wins the case the court fees is payable by the applicants. If the application under Order XXXIII is rejected by any subordinate court the, the same is appealable. In landmark judgement by Supreme Court in 2011 'Union Bank of India vrs. Khader International Construction and Ors' , it was stated the Order XXXIII may also include any juristic person i.e. any corporate firm etc.

Justice is imperative as being able to stand up against injustice is important in maintaining our human dignity and strengthening the belief that our legal system isn’t stacked in favour of the rich and powerful. In India, the vast majority of population find it difficult to get access to courts and in turn, to justice. The Constitution of India has provided for Constitutional articles (Article 39A, Article 14, and Article 21) that guarantee the citizens the right to access to justice. However, in practice, injustice is unbridled across the country and the marginalized sectors of the society find it impossible to seek justice. This paper, essentially investigates the reasons due to which access to justice is not being delivered to many. Popular reasons include the country’s low level of awareness about the functioning of the legal system, high costs quoted by lawyers and delays in passing judgements that make it heavily inaccessible. The paper also seeks to find a methodological relation between the Constitutional provisions and the practical application of these provisions. The paper further discusses a few landmark judgements that have upheld the right to access to justice and precedents which have emphasized on the need for legal aid and the State’s undeniable obligation to provide all its citizens with the right to free trial. To conclude, the researchers have tried to unpack strategic cornerstones which when implemented can ensure high quality, affordable legal aid to ensure that individuals have a strong chance at a fair trial.

Drug discovery and access to generic drugs at affordable prices are so tightly inter woven that neither could exist without the other. Health has always been a concern in India since the time of Independence and even after the advent of the Trade Related aspects of Intellectual Property Rights it continues to act as a hindrance in the development of the economy. The pharmaceutical sector in India plays an important role in the society and can have an adverse effect on the economy as well. This legal writing is accordingly geared towards gaining and understanding as to what exactly patents and its evolution are internationally and how the product patents gradually emerged in India, the focus will be on the patents in the pharmaceutical sector and its relevance in the society and the economy. India is a developing country and therefore, it has to balance the needs of its citizens of granting easy access to patented drugs especially the ones which are sold at exorbitant prices. The two major problems in the Indian Pharmaceutical sector which need to be critically analysed: Firstly, there exists a tussle between concept of granting patents especially in the pharmaceutical sector and the right to health. Right to health, guaranteed under Article 21 of the Indian Constitution is considered to be one of the most essential and basic Fundamental Right and in the present scenario we hardly get to witness the justice being done to it, since monopoly is conferred on the lifesaving drugs as a result they became inaccessible to the common people due to the exorbitant prices at which they are sold and this fact always proves to be a major setback in accessing these drugs. Secondly, the amount of money involved in Research & Development for inventing a drug is so high that there exists a dilemma of choosing between the protection of rights and interests of the public at large and the protection of rights and interest of the private sector and how the existing patent regime proves to be more fruitful in resolving the present dilemma in order to keep the public interest and the private interest at the same pedestal. The question that remains is whether India should bring about a change in its Patent Policy for Pharma practices in the global market or it should continue with the same perspective that is favourable to a greater number of people who can have access to life saving drugs, at much reasonable and affordable price, which in my opinion is a much larger issue.

In this the researcher has tried to discuss about concept, nature of LGBT people, discrimination on the ground of sex in the society it results in violation of their rights including fundamental rights and human rights. The researcher also tried to give focus on legal definition and its scope, lacunas, issues and challenges before LGBT minority people in India. The whole aura and entirety of the conditions and the trials faced by this community. The way it has evolved and treated. By the olden society it is controlled into the minds of those who still believe it to be some sort of mental illness or a crime. Bringing the notion that how India is working on it and how the citizens are dealing with the openness of this. People around the world face violence and inequality on the basis of how they look or who they love. This barriers and socially unwanted stigmas be removed and this place be made a safe haven for all types of people and also rights be equally distributed amongst all here. The constant pressure and eyes upon the activities and the idea of LGBT makes some small minded people to put up more force upon them and make their living a hell out on earth. What else one wants is to be understood and to live freely with head held high and to get the love they deserve. Human beings are human beings they should be treated the same and like. “I do not consider myself just an ally to the LGBT community. I consider myself your family. And so I am doing what we should all do with our families: I am loving you. I support you, I completely accept who you are.” – Anne Hathaway

Drug is defined to mean a chemical which is given to a person in order to treat or prevent an illness or disease. Although today, a major portion of the consumers of drugs use it for the pleasant effect it provides the user. The issue of drug abuse has tremendously increased in the recent years proving it to be danger to the society. There have been instances of eminent personalities suggesting to legalize drugs in the recent past. There have been studies that have revealed the advantages and disadvantages of using drugs. It is a well-known fact that drugs like marijuana and ketamine are very useful for medicinal purposes and age old and finds its place in the Vedas as well. Likewise, legalizing drugs may also help curb the unethical or illegal production and selling of drugs at exorbitant prices in the black-market. Thus, legalizing certain useful drugs with restrictions of usage and trade of the same would be productive. Although the other side of the coin does have enough drawbacks of the usage of drugs to quote, such as overburdening the society which is already dealing with the problems of alcoholism and tobacco addicts.But these can be kept under control by a sound and well-placed legislation to that effect. To be precise, decriminalizing the use of medicinal drugs and the restricted use of it for the treatment should be done along with restricted and controlled production, distribution and use of these medicinal drugs. The rest shall be kept illegal and criminalized. Such a legislation if comes into effect would prove to be useful to the public at large.

Marriage is a basic portion of society, a wellspring of bliss and merriments and also of fresh starts. However, one of the longest standing shades of malice related with marriage from a lady's perspective in the Indian culture is the Dowry framework. In spite of a great deal being said and done against the custom, it is as yet pervasive in the 21st century, in both unobtrusive and clear ways. The foundation of a large group of social outrages against ladies, the custom of introducing endowment is the crudest articulation of the male-predominance in the general public. It is regularly the compulsory custom of a young lady's folks providing a lot of money, gold as gems, electronic gear, portable or ardent properties, to the prepare and his family, at the season of marriage. In spite of the fact that the starting point of the custom lies with guardians attempting to guarantee budgetary soundness for their little girls, in current viewpoint it has converted into guardians paying up for the affirmation of prosperity of their girls. The adornments and money that a lady of the hour carries with her from her folks' home is frequently alluded to as "Streedhan" and in principle is the property of the young lady, yet truly usually regarded as their legitimate due by the boys family. The total to be paid as share has no set standard, the measuring stick incredibly relies upon the boys calling/social standing and is frequently seen as the prep's family as the remuneration they have made to instruct their kid. The settlement framework spread unabated to disturbing extents taking toll of numerous youthful ladies. Due to the Frankenstein in an approach of the general public the nation saw the development of the shades of malice of this framework in amore intense and serious shape. The bigger segment of the nation requesting and anticipating the spouse cost is in vogue.

“ Any law which violates the inalienable rights of man is essentially unjust and tyrannical; it is not law a law at all”. - Maximilien Robespierre Human rights are extremely important because they provide fairness and equality in our society. Without human rights, society would go back to ancient times in terms of morality.

According to Wex Legal Dictionary, marriage is defined as the legal union of a couple as spouses. The word marriage comes from the French word ‘marier’ which means ‘marry’. In India, a relation between husband and wife is regarded as pure, sacred and eternal, but this statement doesn’t inculcate the gist of what the actual scenario is. Marital rape, domestic violence, violence or emotional abuse for dowry, cruelty are some of the unseen aspects of the so-called sacred bond of a marriage. All these actions have an adverse effect on the well-being of the bride, often resulting in deteriorating health, insanity and even death. Since the ascent of The Hindu Marriage Act, 1955, the remedy of divorce has been included for both men and women to dissolve a troubled marriage, and has been a tool for administering justice in case of abusive or dysfunctional marriages. This case study is being done to figure out whether the provisions of The Hindu Marriage Act, 1955 are feasible enough and if there are any loopholes through which the eyes of the justice can be impaired.

In this article we will study about restitution of conjugal rights. Conjugal Rights refers to those rights which are accrued upon the persons by status of being married. There has been a constant debate relating to constitutionality of restitution of conjugal rights, for this it is necessary to understand the topic in detail. There are certain elements which need to be proved that the rights of the person have been truly violated; these are that there should be actual withdrawal by either the husband or the wife, from the society of other partner, it should be without a reasonable cause. This decree ensures that the person can force his partner to live with him or her against that partners will. Thus, this act of forcing the person to live with the person against the will was challenged in the court of law. It was first observed in the case of T. Sareetha Vs T Subbaiha, in which the court held that the decree was unconstitutional as it is violative of certain rights of the person guaranteed under the Indian constitution, and it was immoral to force any person to live with a person against will. It was after some time that the High Court of Delhi in case of Harjinder Singh Vs Harvinder Kaur held that the decree was constitutional as it is a positive relief which aims to protect the marriage rather than end it on a small matter. This view of the High court was supported by the Supreme Court in the case of Saroj Rani vs Sudarshan Kumar Chadha, and it also declared the decree as constitutional and overruling judgement of the lower court given in the case of T. Sareetha Vs T. Subbaiha. In this article we will also study about decree for restitution of conjugal rights from an international perspective and also try to analyse the same from judicial as well as societal point of view to finally decide whether the same is still relevant in today’s time or not.

This paper will focuses on electorate system; the modern democracy is also called representative democracy. The voters caste their votes to elect their representative, the candidate who gets the larger number of votes is declared to be successful. There are 2 methods of election 1. Direct method of election 2. Indirect method of election about their merits and demerits. We shall study about the different elections system and basis of franchise like – franchise on the basis of property, Franchise on the basis of Education and Franchise on the basis of gender and UNIVERSAL ADULT FRANCHISE. Before, making election the study of different electoral systems we shall make used in this context –The people who caste votes are called voters or Electors and discuss universal adult franchise arguments in the favour and in against. Minority Representation- According to the present electoral system everybody did not get proper representation and so many votes to go waste also and there is Proportional representation system and this system had two methods and they are –Single transferable system and List system. There are some methods to give representation to minorities –Limited Vote system, Cumulative vote system, Communal representation system, Second ballot system, reservation of seats and Nomination will discuss in research paper in detail.

The term “intellectual property” has come to be globally recognised as covering patents, industrial design, copyright, trade mark, and confident information. Patent, design and trade mark considered as different kind of industrial property. But copyright and confidential information were included in the term “intellectual property”. The scope of intellectual property is expanding rapidly. The laws relating to intellectual property are based on certain basic concept 1. The patent laws centers round the concepts of lack of anticipation and lack of obviousness 2. Design laws based on originality of design not previously published in any country 3. Substantives laws and trade mark is based on the concept of distinctiveness and similarly of marks and similarity of goods 4, copyright is based on the concept of originality and reproduction of work in any material form. These all concept has significance in intellectual property law. These rights protect creations or work from unfair use by others. These laws help in protection of all inventions, literacy, or artistic work.