Volume II - Issue II / 2019

Since the beginning of the 1990s, there had a global boom in environmental law. Environmental Jurisprudence has developed to a considerable extent since then. The Supreme Court had suggested the institution of environmental courts in a number of judgments. The National Green Tribunal was brought into existence on the 18th of October in the year 2010.It was meant to be a specialized body to deal with matters which were multi-disciplinary in character. At present, the tribunals have developed into mechanisms that have surpassed their initial defects. This paper seeks to analyse the formation of the National Green Tribunal as well as the jurisprudence and reforms it has brought to light since its inception. This paper will cover the analysis of several orders passed by the tribunal and also delve into the limitations which have restricted the objective of the Tribunal. There are currently over twelve hundred environmental courts worldwide concentrated on resolving environmental matters. Good governance and enforcement are essential to achieving the 2030 Agenda for Sustainable Development and India too has taken a step forward towards the same.

The present paper discusses in details the historical background and inception of Foreign Banks in India and also the evolution of the Regulatory Framework of Foreign in India. The development of Regulatory Framework of Foreign Banks in India could be broadly divided into 3 Phases. The paper discusses in great detail about the Banking Reforms in India and also how Reserve Bank of India regulates the entry and functioning of Foreign Banks in India. The paper also elaborates about the modes of existence of Foreign Banks in India and the procedure for opening and operating of Foreign Banks in a particular mode in India. The Paper discusses what are the reasons for limited presence of Foreign Banks in India and what factors are discouraging Foreign Banks from entering Indian Banking Sector. The Paper also discuss the regulatory compliance which Foreign Banks have to comply for operating in India and also how emergence of Foreign Bank has led to improvised customer services, competitive efficiency, provided cheaper banking services and better banking products in India

Twenty first century is known for remarkable change in society. Today science and technology is at its zenith. Science is surprising everyone through ever new innovative inventions at the same time technology is becoming a medium for women empowerment, when women are striving with full strength for their rights, women constitute half of the population and are stakeholder of development and technology but unfortunately they are not able to avail the same. Empowerment means having power to change the position and circumstances. India is a patriarchal society, men has acquired possession in every structure and institute of society. In India women have struggled a lot for their rights and dues in society. To know the actual position of women a field study was conducted. Rural and urban area data has been collected. The field study shows that women are not able to access the basic amenities. Their family have resources but mostly they are unable to access e.g. having vehicle is normal but very few women 18.20% know driving the majority do not know driving. In the era of digitalisation computer and laptop are demand of daily life. Right from getting information to other digital need laptop and computer are required. It was surprising to know that large numbers 59.20 % women are not acquainted with only 40.20% are familiar to these gadgets. The empowerment in reality right from family, community to state level is required. Empowerment of women is not possible until and unless they are not able to access their basic rights. Socially, economically, politically and legally strong women can contribute to strong and stable society

The case dealt by me is Nandini Sundar and Ors vs. the State of Chattisgarh (hereafter the ‘Salwa Judum’ judgment).This is one the important case to understand how Indian Judiciary has analysed the legality to use special police officers (SPOs) during armed conflicts between Indian government and a Maoist/Naxalite in Chhattisgarh. Instant case was brought to the Supreme Court through writ petition in 2007. This case was decided by Hon’ble Division Bench of a Supreme Court (Hon’ble Justice B. Sudershan Reddy and Justice Surinder Singh Nijjar).The primary concern of the Court in this case was to analyze the Constitutional validity of the appointment of tribal people as special police officers (SPOs) by State of the Chhattisgarh Government to counter the insurgency.

The adoption of predictable, market-determined exchange rate policies is critical for the wellbeing of national and global economies. Orderly exchange rate policies facilitate cross-border trade and investments in a sustained manner. However, many nations adopt myopic, self-serving exchange rate policies that give immediate gains to the said nations but disrupt the international objective of achieving market efficiency. To elaborate, administered undervaluation of a country’s currency tends to improve its trade balance by boosting exports and reducing imports, increase foreign exchange reserves, and attract foreign investment. However, this “beggar thy neighbour” attitude is contrary to the primary goal of achieving international market efficiency for general welfare. It also runs the risk of nudging other countries to manipulate their own currencies in self-defence. From that point on, there is a high possibility of the global economy plunging into pervasive economic stagnation and worse. For instance, immediately after the World War I, major economic players of that age, competitively devalued their currencies in the hope that the boost in exports would provide the necessary stimulus for economic growth. Unfortunately, the said devaluation, combined with protectionist trade policies, contributed significantly to the intensity and duration of the Great Depression. In fact, the Great Depression served as a catalyst for efforts to create international institutions and compacts that would guard against administered pricing of currency. These efforts culminated into the formation of the IMF and the conclusion of the GATT- both involved ceding of a part national sovereignty over monetary and trade affairs in the interest of boosting standards of living around the world. However, this international legal framework has not been strong enough to tackle the problem of currency manipulation. The practice of administered devaluation of currencies continues unabated and this is more worrying- given the interconnectedness and interdependence of economies, currency wars between two economies could impact the world economy. It precludes the value of currency from being determined by market fundamentals of demand and supply and thereby causes imbalances on cross-border flow of goods, services, and investments. Prudence indicates that remedial steps are warranted. As the drafters of the IMF's Articles and the GATT recognized, currency manipulation and the resultant skewed exchange rates have extensive and undesirable repercussions for international trade and investment. With so much at stake, and in the hope that study of the past can encourage a constructive course of action for the future, the research paper initially reviews the economic rationale behind currency manipulation and studies the difficulties that arise with competitive currency manipulation. It and then focuses upon the international legal framework created in response to currency manipulation- both the IMF’s Articles of Agreement and various WTO Agreements. It concludes by suggesting that, short of any amendments to their constitutional charters, the WTO and the IMF, in tandem, could apply their resources in a coordinated fashion to deter and hold any resurgence of competitive currency manipulation. KEYWORDS: Currency manipulation, devaluation, trade equilibrium, inflation, growth, The Great Depression, Unemployment, aggregate demand, import substitution, Jamaica Agreement, Most-Favoured Nation, National Treatment, Agreement on Subsidies and Countervailing Measures. MATERIALS AND METHODS: Doctrinal study with reliance placed on Books, Articles, Caselaws..

We are the inhabitants of the 21st Century, an era full of skyscrapers, global warming, and a generation endorsing the ‘Netflix and chill’ phenomenon. Trade incentivizes development and innovation. Intellectual property rights provide an impetus for innovation. Thus trade indirectly and constantly demands innovation so as to reach out to consumers in various forms. Audio- visual industry is one such form of trade facilitated innovation which has gathered importance in the recent past. With the advancement of technology, subject matters of copyright do not remain restrained in their country of origin. It is attributed to the development in the field of trade and commerce which has facilitated access to such audio-visual work around the globe. The audiovisual service sector has experienced drastic increase in the last few years. Technological developments have permitted greater quantities of content to be delivered and have given allowed customers to exercise more control over what they want to consume and when. Thus the confluence of trade and innovation creates a dynamic industry with worldwide consumers. The boom in consumers of Netflix, Amazon prime videos, Hotstar etc are to name a few. With rights come responsibilities and thus spring the issues of copyright while the audio-visual work travels trans-boundary. Up until today, practically every strategy that has been deployed to try to thwart unauthorized copying of digital audiovisual work has been unsuccessful or defeated by readily available applications that are developed almost as quickly as new methods of copy protection come online. The audio-visual sector of trade is a recent phenomena and thus requires all the more attention given its susceptibility to IP issues. This paper seeks to dwell into the concept, meaning and analysis of the issues with respect to copyright in the audio-visual industry.

In this comprehensive article, we will look into several aspects of homosexuality oppression across the world and we will take deeper look into the homosexuality oppression in India, particularly. This article explains the background and the present scenario of acceptance of adultery and homosexuality in military and society, as well. First, we will see how the laws in India have changed and how adultery and Homosexuality have been decriminalised by the Supreme Court of India. Then we will look at the countries that have anti-homosexuality laws and how the things have changed in the last decade. Lastly, we will see how military is affected by the New laws in India on homosexuality and adultery. Kindly note that it is based on the recent changes made by the Supreme Court of India.

An indispensible part of the criminal justice system is witness, as he is the one whose stand determines the backbone of the decision of the case. It is universally accepted that witness are considered to be the most essential element to reach to the light of justice. From the times immemorial witnesses are serving as a key agent in the justice delivery system for finding truth. Therefore, the truthfulness of the witness’s testimony becomes the cornerstone of justice and therefore the witness is made to offer statement under oath. One should not exercise fear, force and pressure on a witness, also the witness must depose out of his or her own free will and consent. The quality of the statements given by a witness also determines the pace of a particular case. Black’s Law Dictionary gives the following definition: “ In the primary sense of the word, a witness is a person who has knowledge of an event. As the most direct mode of acquiring knowledge of an event is by seeing it, “witness” has acquired the sense of a person who is present at and observes a transaction .” [1] [1] Black’s Law Dictionary, available at http://thelawdictionary.org/witness-n/#ixzz2cm686Dz8(last visited on September 19, 2013)

“Every newborn baby is God’s opinion that the WORLD should go on” – Carl Sandburg Women are facing atrocities all over the world. But one of the most brutal of them al is female foeticide where the fetus is killed in the mothers’ womb only for being a females, even before they have the opportunity to be born. Female feticide in general means the selective abortion of female fetuses in a patriarchal form of society, Females not only faces inequality in all the male dominant cultures but now they are even denied the right to be born . “Earlier it was difficult to determine the sex of the fetus in the womb so after the birth of the child when found it to be a girl child then she was drowned in the milk mixed with opium but with the innovation Prenatal sex detection technologies have made it easier to determine the sex in the womb of the mother itself and now this technique has been completely misused, allowing the selective abortions of female and letting offspring to flourish through male children. Legally, however, female feticide is a penal offence. Although female infanticide has long been committed in India, feticide is a relatively new practice, emerging concurrently with the advent of technological advancements in prenatal sex determination on a large scale in the 1990s” . Why do so many families selectively abort baby daughters? This can be answered in one word – it is economical . Female feticide is stirred by many factors which will be discussed in detail further in the paper, but predominantlybecause the families of the girl have to pay dowry to the future bridegroom of a daughter. Whereasthe son offers security to their families in old age and can perform the rites for the souls of deceased parents and ancestors, daughters are alleged to be a social and economic burden . “While abortion is legal in India, it is a crime to abort a pregnancy solely because the fetus is female. Strict laws and penalties are in place for violators. These laws, however, have not stemmed the tide of this abhorrent practice. This article will discuss the socio-legal enigma female feticide presents, as well as the consequences of having too few women in Indian society” .

It is notably said that things which looks similar from distance, may not be similar on observing it from close. Applying the same principle on the relations between United States of America ( United States ) and India in the light of Right to Equality, observation says that besides having similarity in the words expressing the provision related to ‘Right to Equality’ both countries share difference in the application of the right. Besides both being ethnically and culturally pluralistic societies which have a democratic form of government and similar judicial systems they have different interpretation of the same right. Scope of the right is not similar in both the countries [1] . [1] P. C. Alexander, Equality As A Fundamental Right In India, Indian political science publication, 1948

The General Data Protection Regulation (GDPR) is the new and upcoming privacy law governing the personal data of individuals within EU. GDPR in application is widely in use, is still bereft of well-founded criticism. The authors herein seek to diagnose the territorial jurisdiction or scope of GDPR and to which businesses does it apply. While it was the required step in terms of governing privacy laws, it is far from being a perfect method in terms of scope of the territorial jurisdiction. The major scope of the article is the territorial scope of GDPR, and how does it apply to businesses established within EU and how its reach has been extended to non-EU businesses. The article primarily focusses on Article 3 of the GDPR and has special focus in relation to the applicability of GDPR to the Indian organisations and businesses. The author herein focusses on different tests established under GDPR for an institution to come under the ambit of GDPR including the “establishment test”, “goods or services test” and “monitoring test”. The authors have extensively relied upon research papers published in reputed contemporary journals, and have gone through compliance policies of different organisations. Cases laws from European jurisdictions have been taken into account and the guidelines of the European Data Privacy Board have been dealt with, too.

Correct identification of accused and victims of a crime is always been a legal problem for the criminal investigation. DNA is the genetic blueprint of life which is unique for everyoneand the identification through DNA profiling has brought a sea change in the identification scenario.Since the discovery of DNA technology it has been used extensively as evidence in the court of law world-wide to establish the individual identity both in civil and criminal matters. But there are no special legislation/ provision under Indian Evidence Act, 1872 or Code of Criminal Procedure, 1973 to manage Forensic science issues. Section 45 of the IEA provides for expert opinion which includes medical examination but it was only after the amendment of CrPC in 2005, DNA profiling is been recognized to an extent in Section 53, 53A and 164A of CrPC for using DNA by medical practitioner for examination. Further the admissibility of DNA Evidence before the court is debatable and unsettled as the Judiciary having different interpretations for their admissibility due to constitutional and legal validity of such tests being conducted in human beings. The Challenges also include proper handling procedures during selection, collection, packaging, labeling, storing, and transportation of evidence to the laboratory to achieve final valid and reliable results. The researcher would suggest on a statutory recognition of DNA evidence in India, to regulate usage of DNA forensic laboratories and to establish national DNA database as recommended in Malimath committee to increase its appreciation value. This project will be a doctrinal method of research which would be divided into 2 Parts. Part I will deal with the introductory part of what is DNA profiling and its procedure of doing it, Provisions in law which deals with DNA profiling, accuracy, reliability and their admissibility in court of law. Part II will deal with the challenges and issues regarding DNA profiling and conclusion part with suggestions to the issues and challenges.

Finance Act, 2017 brought major changes in Income Tax Act, 1961 for the purpose of creating new ways through which government can tax the assessees to overcome demonetization drive. Point worth noting is government has followed a very consultative approach by asking for opinions from public regarding implementation of new provisions. For this purpose, Section 50CA & 56(2)(x) was inserted in the Act. In this paper we have examined and analyzed these Sections and the loopholes which existed before the amendment and why there was a need to bring the amendment. As there were various ambiguities resided regarding the computational formulas of Fair Market Value (FMV) of certain assets, for this we have studied problem subsisted in erstwhile laws and examined the solution given by the government to encounter those problems and to tackle the void which still remains we have given some suggestive measures. We have also analyzed that the new approach of the legislature is focused to enhance the revenue of the government as it tax both buyer and seller in a single transaction and thus results in the double taxation. This approach of the government hurts the property transfer and immediate amendments are needed to address this problem. This paper delves into impact created difference for minorities, capital assets, and discuses the retrospective application of new provisions. We have also tried to explain the broad meaning of words in the bare provisions of the income tax act through leading judgements related to them.

In the 21st century, development in the scientific arena has been manifold. As jurist Roscoe pound once Propounded that law must evolve with the changes of the society. With The introduction of technology in the society it has led to more complex crimes being committed which are more difficult to trace, so in today's scenario it is of paramount importance that law must cope with the technological advancements. It is a well acknowledged fact that India has one of the lowest police to population ratios in the world. In addition to this, the poor conviction rates of serious crimes which solicits for more corroborative evidences, better coordination among the law enforcement agencies and preserving the sanctity of evidences, so lack of manpower coupled with adoption of obsolete techniques during investigation puts the entire criminal investigation process in a serious jeopardy. Therefore, the need of the hour is for a holistic integration of forensic and technological inputs in the course of an investigation of a criminal offence. In furtherance to this, the concept of DNA finger printing or profiling has gained unprecedented significance. With the lower house of the parliament passing the DNA Technology (Use and Application) Regulation Bill, which provides for regulated use of DNA for establishing the identity of persons in criminal investigations and specified civil matters it is equally important to put emphasis on various statutory and constitutional safeguards which are being guaranteed to an accused of an offence, irrespective of the nature of his act. Critics of this concept have always flagged the privacy aspect of the accused. Moreover, ways need to find out how to converge two seemingly divergent concepts i.e. protecting the privacy of a potential Criminal and at the same time ensuring a fair and effective investigation on the part of the victim.

In recent years, the use of virtual economies has skyrocketed. There are an estimated 16.7 million bitcoins in use today, valued at up to $17,000 per bitcoin in 2017. Because these bitcoins can, in some circumstances, be used to purchase goods or services with a monetary value or where they can be converted to legal tender, the proper income tax treatment of bitcoin transactions presents both compliance and substantive questions for regulatory bodies across the world. To date, there remains little legal or academic guidance on the use of bitcoins, or the taxation of bitcoin transactions. This research paper explores the current state of the law as it relates to bitcoins in the various economies of the world. The virtual universe and electronic commerce will only grow—and where income exists, taxation should follow.Various countries have laid down guidelines and many other are in the process of initiating taxation of cryptocurrencies, India being one among them. Keeping in mind the unfavourable regulatory regime and uncertain tax treatment of cryptocurrencies in India, initiatives that hurt genuine customers and incentivize shifting business outside India would also affect the government in the longer run, as it would be a huge revenue loss to the tax department if trades simply move abroad. With any new technology, the risk of abuse is always existent. However, keeping in mind the tremendous technology of block chain in the longer run, which can form the backbone of a secure digital infrastructure, it is worth endeavouring to find appropriate means of regulating this ecosystem, rather than out rightly banning it.

In the recent times the Indian Society has witnessed significant changes in moral ethos and social stigma. In these series of event the recent amendment in Criminal law relating to section 377 has its own importance. In this research project the researcher wants to analyze the importance of criminal law amendment Act 2018 on section 377 Of I.P.C. The author further wants to analysis the impact of changes in section 377 and its effect to the criminal justice system, social ethos, morals and on Indian Society at large.

Religion and human beings share an extremely important relationship with each other and this relationship have several perspectives to be considered- political, social, legal, etc. In this research paper, we are very much keen to evaluate this nexus between religion and women. Women are the most important part of human society but since time immemorial their religious rights and freedoms are curtailed indiscriminately. We have examples of wise and learned women in different religions – Gargi and Maitreyi in Hinduism, The Wise Woman of Tekoa , Abagail and others in Christianity. But these examples are very limited. In this paper we are focussing to understand about the religious rights that women got and the rights which women were deprived off in religions specifically in Buddhism, Christianity, Hinduism, Islam, Sikhism and Jainism. We are also very keen to understand about the recent Triple Talaq case (ShayaraBano v Union of India & others). The issues related to Sabrimala Case (Indian Young Lawyers Association & Ors v The State of Kerala & Ors) are also neatly explained. The Indian stance on marital rape is also highlighted in the following research paper. This research paper explains the role of Indian Judiciary with respect to religious rights of women.

In India, the exhibition of films is governed by the Cinematograph Act, 1952. This Act, preceded by an Act of 1918, provides for the process of certification of films for public exhibition. It also provides for the licensing and regulation of cinemas. The Cinematograph Act, 1952 provides for the constitution of the Central Board of Film Certification (CBFC), consisting of a Chairman and other members for the purpose of sanctioning films for public exhibition. The number of members may range between 12 and 25. The Chairman and members are appointed by the Central Government and enjoy office at the pleasure of the Central Government. Neither do they have security of tenure, nor are qualifications for their appointment specified. Advisory panels may be established at regional centres consisting of “persons qualified in the opinion of the Central Government to judge the effect of films on the public.” This is rather a nebulous qualification. A person desiring to exhibit a film is required to make an application to the Board in the manner prescribed under the rules.

This research focuses to evaluate the gap loopholes in the forensic field in proving cases dealing with child sexual abuse. It emphasises the challenges created by the systematic and cultural issues. From the systematic point of view, it explains the technical difficulties posed by our existing systems. on the other hand, it focuses on the issues posed by the much patriarchal and conservative society of India which makes reporting of these cases very difficult. CSA is more rampant than any of us would like to believe. Studies indicate 34 percent of offenders are family members, 59 percent acquaintances. According to a population based study from 19 countries, only about half of victims had disclosed their abuse to anyone In a review of sexual practices and offences in India, it was reported that during trials, alleged sexual offenders often say they were not aware that they committed an offence. Cultural norms affect the likelihood that CSA will be discovered by an adult or disclosed by a child. Cultural norms also affect whether abused children's families will report child sexual abuse to authorities. Cultural practices are no longer restricted to one geographical collection of people due to migratory influence, as these practices may also spread to different groups who intermingle. Understanding the concept of CSA continues to be a challenge in many cultures. Thus approaching a psychologist would be extremely difficult for many people and building rapture with the child would be evidently difficult due to the diversification and intensity of the case.

Although related to stalking and other forms of harassment, cyber stalking is a new form of deviant behavior about which comparatively little is known. Its is argued that cyber stalking has arisen as a result of increased access to information communication technology, in particular the Internet. Legislation from the UK, US, Canada and Australia fails to define cyber stalking. However, it is recognized that victims are offered limited protection from this form of harassment. Legal definitions of stalking and harassment fail to take into account many of the behavior associated with cyber stalking, such as electronic surveillance. Existing definitions of stalking and cyber stalking have a number of deficiencies, such as the fact that an incidence of cyber stalking may involve more than one victim. In attempting to define cyber stalking as a form of behavior associated with harassment and stalking, the experience of victims are marginalized. In addition it becomes difficult to offer protection to member of the public.the main targets of cyber stalking are the females due to the patriarchal mindset that still exists and the ratio between men and women. This paper proposes a formal definition of cyber stalking in an attempt to encourage discussion and stimulate further research. The proposed definition encompasses many of the behavior associated with cyber stalking and seeks to overcome many of the difficulties identifies within the discussion and also discussing about how women are the main targets of cyber stalking and how the problem can be resolved.

Often the concept of freedom and justice is misinterpreted and misjudged. The outcome of such interpretations has been suffered quite a few times. From time and again, it has been observed that discrimination stands in the way of imparting justice and enjoyment of the sense of freedom. Recognition of human rights is an innovative initiative guaranteeing reservation of rights and freedom to an individual. As rightly pointed out by Jonathan Sacks, “True freedom requires the rule of law and justice, and the judicial system in which the rights are not secured by the denial of rights to others.” Since decades, the refugees all over the world have been facing discrimination and are denied of their fundamental rights and freedoms, and also, humane behaviour towards them is being bargained. Rohingya refugees, since the 12th century, have been the targets of such discrimination and have been longing for human rights since. The objective of this article to study and analyze the problems faced by these refugees. The article further focuses on the stand taken by the government of India in defining the nationality of these refugees and provides suggestions for the same.

For a considerable length of time women in our society have needed to battle for an equivalent portrayal out in the public spaces. The battle has not exclusively been about portrayal however an ideological fight with the profound established standards and traditions in male centric culture that see women in a position of subordination. Regardless of whether it is the Shah Bano case, a case that negated the act of moment triple talaq and laid the ground for assurance of privileges of muslim ladies, or the passage of ladies inside Haji Ali Dargah in Mumbai, we have seen that the battle has been a progressing one and reformatory in its methodology. The ongoing hearing by the constitution seat of the Supreme Court on July 27, 2018 on the entry of ladies to the Sabarimala Temple in Kerala is another long standing battle against the male centric doctrine of the religious request which does not permit the entry of women into the temple. The Ayyappa temple in Sabarimala district in Kerala has been in the news for its dubious arrangement of restricting entry to women of menstruating age (ten to fifty years). This temple is situated in the Periyar Tiger Reserve in the Western Ghats mountain scopes of Pathanamthitta area of Kerala, which happens to be a standout amongst the most celebrated journey locales for Hindus. The preclusion to temple passage for women can be followed in the legend that the god of the temple Lord Ayyappa was a 'Naishtika Brahmachari' (who pursued abstinence), and according to the supporters of the temple boycott, women of menstruating age are viewed as "not unadulterated" to enter the temple as that would bother the chastity of the divinity. In the previous three decades, this issue has drawn opposition and challenges from different areas of society and has offered ascend to a legitimate question. The sequence of the long-standing appeal in the Supreme Court on the boycott of women entering temple can be followed back to 1991

The practice of having more than one female spouse at a time is known as Polygamy. This practice has an intense history and also created a great impact among the statutory laws in India. Polygamy is an offence in India. However, Muslims in India are allowed to practice polygamy, thus bringing in a conflict among other groups. The authors herein, will reflect upon the history of polygamy in Muslim law as well as in ancient India. Subsequently, we would be discussing the constitutional validity of Polygamy in Muslim Law with respect to the Indian Constitution. In the course of discussing the constitutional validity, the authors will be deliberating on the issues regarding the fundamental rights.

Freedom of speech is one of the most important aspect of a democracy. The law of sedition under section 124 of Indian Penal Code violates this very fundamental freedom. This section has been used by British administration for stifling freedom fighters’ voices and one would hope that it would not make its way into the independent India. However it still found its way through Indian Legal system. Indian judiciary has tried to limit its ambit and interpret it in a constitutional manner. Regardless, the government has launched unnecessary proceedings against innocent individuals due to political vendetta. The suffering of these individuals caused by harassment under this section is blatant violation of human rights and is testimony why this law needs to be repealed. Furthermore, Indian laws provide sufficient safeguards for maintaining security and sovereignty of the state.

Crimes which takes place and are carried on by the people for not following the set of practices or feeling of hatred among individuals based on religion is called a Religious Crime. These crimes may also be done by observing some strange beliefs and practices. The authors have put forth the concept violence in the name of god and the concept of totalitarianism. The different crimes that take place in different countries in the name of religion are also dealt in a narrow manner by the authors in this article. The authors have also briefly discussed about the protection of rights for humans and concluded the same with ways to reduce such crimes that takes place in the name of religion.

Fashion is one of the industries which is leading the style and progress among all age groups in the world, whereas the technology and designs are concerned, they are made up with damn hard work and it needs a protection. Development in the time line of relationship between Intellectual Property Rights and the Fashion Industry is a flexible on going one amid the advancements in the other sectors which help to promote the Fashion across the globe. Enormous economic growth and revenue generated shows that this industry needs a hardcore protection of it‟s techniques and methods used to generate such a huge amount of fund to sustain, which is only possible when the Designs and Patents are to get designers their absolute rights. These are used to grab attention of its target audience helping the fashion industry to sustain and keep on evolving. Considering the present scenario, it is debatable whether or not fashion designs should get copyright protections or not. The reason being fast fashion, meaning low end designers copy high end designs and produce what we call as “first copy” is the market, which not only infringes the rights of the designer but also hampers the goodwill and the target of the person concerned. So, overally, IP is a primer which fortifies the innovative artistic creations of mind on graphical forms. Although, the degree and gravity of safeguarding is different in US, Europe and India which shows that the initial point was in France, Europe and was followed up by USA and India. The methodology used to create and protect the levels of fashion is too widely described as per the three regions which will show the global distinction and variance.

“Corporate crime is a conduct of a corporation or of its employees acting on behalf of corporation, which is prescribed and punished by law” - J. Braithwaite. In the present era of economization, corporations play an omni-facet role in the society. Due to the emergence of large industrial corporations, the occurrence of criminal activities in the garb of corporate shield has increased many folds. The same has given rise to the need of lifting the corporate veil and pulling out the culprits who intend to harm not only the economy but also have serious intentions to damage the growth. The challenge in this scenario for the law makers and enactors is to pace up with the crimes occurring in the digital era and analyze the problem that there is still no settled rule when it comes to CCI. With the change in times it is necessary to appreciate that the traditional view of the corporation not being guilty of crime has been proven wrong as in the modern era the corporation and the cunning brains behind it can certainly have the intention and complete the commission of crime too. In this paper, the researchers aim to bring out how have the changes evolved from the traditional times to the modern frauds. The challenges and solutions regarding the same shall be highlighted. The researchers will also lay emphasis on the traditional and modern cases decided and evaluate as to whether past precedents are enough to address the modern technological corporate crimes.

Alternative dispute resolution mechanisms have long been poorly implemented in India. The 2015 Amendment to the Arbitration and Conciliation Act left much to be desired. In order to redress the problems in the Indian arbitration culture and elevate India as a desirable hub for International commercial arbitration, the Parliament passed another amendment Bill in 2018. This Bill has its roots in the report of the Srikrishna Committee which was released in the preceding year. The Bill proposes key changes in the existing arbitration regime in relation to appointment of arbitrators, time period for arbitration and confidentiality of proceedings. It also suggests the creation of an independent body called the ACI to regulate the arbitration machinery in India. The Bill has so far elicited a mixed reaction from the arbitration fraternity. This is an article which analyses the various hits, misses and missed opportunities of the Bill and its potential impact on the arbitration culture in India.

Elementary schooling forms the basis of mental development in a child, and equips him/her with the analytical skills, self assurance and potential which assist pave the way for a successful future for him/her. Hence, it is crucial for countries to focus their interest on supplying exceptional basic schooling to their youngsters and people, in particular to the underprivileged sections of the society and empower and furnish the masses with a first-rate and better schooling that can enable them to smash the shackles of poverty. With the formation of a free India, it was the vision of the then leaders of the kingdom to set up a policy which would grant free and compulsory education to teens between six to 14 years, and attain the mentioned goals within 10 years of the graduation of the Indian constitution. However, we have embarked on the sixty-eighth 12 months and there’s still a long way to go in phrases of gratifying the actual imaginative and prescient of an skilled and able India, where a fantastic schooling is not a privilege supplied solely to the elite class, but the proper of each and every infant born in this nation.

India, a pluralistic society and a country of religions, which are considered to be the backbone for the foundation of many traditional societies in large, the word secular has been stated in the preamble given to us by the constitution assures that there is no religion preferred in a particular state, and hence all religions enjoys the equal protection in the constitution. The term RELIGION has no consensus in its definition, etymologically the word religion is the amalgamation of the two latin phrases re meaning back and ‘ligare’ meaning is to bind or to addressed it in a simple manner it’s a belief that helps in binding the spiritual nature of an individual to a supernatural being as it includes the gyst of responsibility and also of dependency. Religion undoubtedly has its basis in belief as well as doctrines, but any how it is fallacious to say that religion is nothing but a kind of belief or doctrine, religion been a volatile subject in our secular country in every moment whether its related to any debate or any issue relating to any cause. The emerging issue of CONVERSION which tends to convert ones particular religion to another coupled before us in this present scenario in the form of religion tolerance , which anyhow leads to conflict among many inters religious groups and followers of it, to solve this problem of conversion many states have enacted various anti-conversion laws. In the present approach , the article tries to elucidate the problem of conversion and would briefly emphasis on those laws which are in consonance with those provision stated under article 25 of the constitution of India.

The historical judgment of partially decriminalizing section 377 was highly acclaimed by the people of India in 2018. The prolonged legal battle of social activists made the Supreme Court to give a verdict in the favour of LGBT community, whose rights were violated by this section. This rule was the inkling of centuries old British tradition which was prevailing in India since the advent of final court verdict. This section was discriminating homosexuals from heterosexual on the basis of their identity for doing the same conduct. After prosecuting thousands of people under this section, the Supreme Court finally came up with a verdict to partially decriminalize it whereas legislative had failed to perform its duties, as mentioned in my paper. Abolishing section 377 is a huge thumbs up for humanity and equal rights because after all love is genderless, it never sees who gonna do and with whom you gonna do.

The maxim that the ‘King can do no wrong’ and the resulting rule of the common law that the ‘Crown was not answerable for the torts committed by its servants’ have never been applied in India. India, as a State, is a mixed economy of vast population. Also, by virtue of being a semi-socialistic economy, the government still plays a major role in almost all aspects of the economy. This means that there is a lot of interaction between the State and the citizens of India, may it be in the form of trading with government companies, or interacting with the State officers such as the police, or the bureaucrats, etc. It is hence of utmost importance that the State should be made liable for all those acts of its officers which cause harm to any of the citizens. The stance of the Indian Judiciary on the liability of the State for the acts of omission or commission committed by its servants has never been the same, and has kept on changing over the years with varied judgments. The Common Law maxim “Rex Non Potest Peccare”(The King can do no wrong) provided absolute immunity to the Crown in that neither the Crown, nor could its employees or servants ever be held liable for any wrong committed by them. This was, however, never followed in India. The East India Company initially came to India as a trading firm. However, later on it started to rule a large part of the country and the scope of its powers and authority was defined by legislations passed by the British Parliament. After the 1857 uprising the company was dissolved and the rule passed over directly to the British Crown. During this period the liability of the Crown depended upon the powers and authority of the Head of the state. In pre-independence period the liability of the State was a major question which confounded all the courts. At this time a distinction was made between sovereign and non-sovereign functions, with complete immunity being given to the former. However, the scope of sovereign or non-sovereign functions was never clearly defined, and hence depended on judicial interpretation.

The women play a significant role in the life of every individual human being. Securing her better birthrights would mean giving better future to our own society, family and to every individual. Prior to commencement of the Act of 1956 the property held by a Hindu female was classified under two heads: (1) Stridhan and (2) Hindu Women’s estate.

The author will bring to light the practice of prostitution in India in the course of this research paper. Prostitution is considered as profession and it is partially legal in India as there are a few legislations which regulate it to some extent but not have fully control over it.Whoringis considered as a stereotype business for females but nowadays men are also getting trapped into this ridiculous situation about which the world is not as aware as it is required to be. So this can be said that it is illegal or illicit in the Indian society. Further the author will present the reasons as to why this profession is increasing swiftly and the reasons leading its escalation. Due to the corroboration of the activities of whoring in some territories the practice of human trafficking has increased more rapidly including the students and which is also raising the problem to HIV. The paper will also suggest the required rules and regulations to be made by the legislation in India regarding prostitution and moreover for the male prostitution.

Forgery in banking sector has been in existence from centuries and become a big business. Over the years, forgery in this sector has been known and increasing day by day due to increase in number of private and foreign banks i.e. increase in number of branches, increase in number of employees, increase in volume of business, increase in customers and spread of operation. Increase in banking sector has given rise to the white collar crime through forgery done by the employees of the bank or by the outsiders or by financial institution. There is a contractual relationship between banker and customer and bank is held liable for any fraudulent transaction. Bank must take remedial measure for prevention and detention of forgery. The fraud, forgery is generally found in exchange of services rely on information and technology and the absence of physical bank branches to provide these services to the customers. Forgery has been defined under section 463 of Indian Penal Code 1860, Section 464 of Indian Penal Code 1860 defines making of a false document and Section 465 of Indian Penal Code provides punishment for committing forgery. In this paper an attempt is made to understand the meaning of forgery, its punishment, their remedial measures and banker’s liability for the payment of forged cheques.

In this article Author critically analyze the citizenship amendment bill, 2019. Citizenship is legal relationship between a people with the state. This amendment is in issue because in this ‘religion’ is criteria for granting citizenship. Government is allowing the citizenship to illegal migrants of six communities (Hindu, Sikh, Christian, Jain, Parsi and Buddhist) from three neighboring countries (Afghanistan, Pakistan and Bangladesh). This bill has been criticized in the house and outside the house. Many claimed that this bill is brought by the government for alluring the majority vote-bank in near general election. The north east region especially state of Assam is going to be adversely affected by this bill, because it will significantly affect the demography, culture and social environment. Consequently there is great protest and uproar against this bill in Assam and North East region. When India is facing the problem of population explosion and the national recourses are not enough even for the citizens, this bill looks unreasonable because certainly it will increase the burden of the country.. The exclusion of Muslims is greatly crtitciszed, one parliamentarian during the discussion over this bill said that this government cannot run India like Israel. This bill is also against the basis structure of the constitution that is Secularism. One organization from Assam has filed writ petition against this bill in Supreme Court as it is unconstitutional. This particular bill is also against the ASSAM ACCORD, 1985, and even inside the government some members and the allies’ parties of government are against this bill. The author analyzed the social condition of Assam and the consequences of this bill over the state of Assam

Judicial review is the power of the courts of a country to scrutinize the actions of the legislative, executive, and administrative arms of the government and to find out whether such actions are constant with the constitution. Activities judged inconsistent are stated unconstitutional and, therefore, null and void. The organization of judicial review in this sense depends upon the presence of a written constitution. The usage of the term judicial review could be more accurately described as “constitutional review,” because there also exists a long practice of judicial review of the actions of administrative actions that require neither that courts have the power to declare those actions unconstitutional nor that the country have a written constitution. Such “administrative review” assesses the purportedly questionable actions of administrators against standards of reasonableness and abuse of decision. When Judges confronted administrative actions to be irrational or to involve abuses of discretion, those actions are declared null and void, as are actions that are judged erratic with constitutional necessities when courts exercise judicial review in the conventional or constitutional sense. Whether or not a court has the power to declare the acts of governing agencies unconstitutional, it can achieve the same effect by exercising “indirect” judicial review. In such cases the court articulates that a confronted rule or action could not have been envisioned by the legislature because it is inconsistent with some other laws or established legal principles. This paper basically deals with the question that whether there can be Judicial Review on the power of the President under Article 72 of the Constitution of India or to put it in other words whether the Pardoning power of the President of India can be subjected to Judicial Review or not.

India is a pluralistic population of various religious and ethnic groups with different languages and culture. Out of the eight major religions, four have their origin in India. India is the home state of the largest number of Hindus, and of the second largest of Muslims, in entire world. And also being home to millions of the followers of the four other religions. In the pluralistic and multi- religious society of India, religious tolerance and religious values have always had, and continue to have a strong influence. In this article, I will examine the sabarimala judgment in three parts. Part one will provide a brief overview of the historical background of sabarimala case .part two will examine the issues framed by the hon’ble supreme court and analysis of each judge observation to these issues. In part three will examine the dissenting opinion of Indu Malhotra J.

A large number of political and defense analysis attribute instability in Jammu and Kashmir to India’s inability to fully integrate the state into the union. The challenges towards such integration have historical roots dating to the circumstances under which the state led by Maharaja Hari Singh acceded to India following Pakistan attempt to annex the state through the force. Historically Pakistan has consistently be provided support to terrorist and separatist movement in J&K and has also extended such support to promote terror in other parts of the country, in furtherance of its own interest. The third factor is the imposition of article 370 of Indian constitution and the addition of article 35A through the provisions of article 370. Article 35Aof the Indian constitution is an article that empowers the J&K state legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. It was put up in the constitution through a presidential order i.e. the constitution {of Jammu and Kashmir] order 1954, issued by the President of India on may 14, 1954 in exercise of the powers conferred by clause (1) of article 370 of the constitution with the concurrence of the government of the state of Jammu and Kashmir. The special status granted to state of Jammu and Kashmir is believed to be the prime inhibiting factor in the complete integration of the state with the union

With the fast technological advances of the computer and the Internet, multimedia information is winding up progressively boundless. Individuals of all foundations can make, adjust and appropriate multimedia information around the globe. Multimedia has basically introduced another time of correspondence and data stream, which has significantly affected society. Creators have more chances to make content, explicitly in the multimedia position. Furthermore, the licensed innovation law assumes a key job in securing the estimation of multimedia works. Be that as it may, in actuality, it is difficult for the legitimate framework to adapt to changes in regards to the organization and substance of multimedia works. In this paper we address the idea of multimedia, the job of copyright, and the advancements that can be utilized to secure the copyrights of multimedia work. We additionally examine current issues on multimedia copyrights on the Web and present our recommendations to multimedia copyright assurance on the Web.

The result of the British submission on the European Union (EU) membership sent shockwaves through Europe. While Britain is an anomaly when it comes to the quality of Euro scepticism, the counter migration and against establishment sentiments that created the choice result are picking up strength across Europe. Breaking down battle and study information, this paper demonstrates that the partition among champs and washouts of globalization was a key driver of the vote. Favouring British EU exit, or ‘Brexit’, was especially regular among less-taught, more unfortunate and more seasoned voters, and the individuals who communicated concerns about movement and multi-culturalism. While there is no proof of a short-term infection impact with comparable enrolment submissions in other countries, the Brexit vote, in any case, represents a genuine test to the political foundation crosswise over Europe.

The new era of recognition of mental-illness of prisoners has commenced with this judgment. With the Supreme Court allowing commutation of Death sentence to Life imprisonment of convicts suffering from mental-illness under exceptional circumstances. Seventeen years before the cognizance of court in this matter, the petitioner has suffered long incarceration as a death row convict, which resulted severe mental-illness such Schizophrenia or Some type of Psychosis. The judgment further issued guidelines to be followed in future cases. In addition to the immediate effect this judgment might have, it future holds interesting outcome of similar cases. Moreover in a country like India where 1 in 4 people suffer from mental health issues, the apex court does directly convey it's message regarding the importance of mental health and illnesses. Usually criminals are seen as cruel and a threat to society, however they’re humans at the end of the day who found themselves in unfortunate circumstances and couldn’t think beyond the temptation of the moment. It doesn’t call for life Time of cruelty. And in our staunch opinion, it is not unfair to victims as the person convicted is given what he deserves, death comes to all regardless of their activities and post conviction mental illnesses are due to several factors being afraid of death is just one of them Criminals are without a doubt threat to society, they’re harmful, but their activities do not exclude their families. A person who is already suffering for his deeds should not pay more for problems caused by circumstances. Even when their capital punishment is reversed, mental illnesses like schizophrenia, depression, PTSD last a lifetime if not treated well. Even with proper therapy the results cannot be guaranteed. Lastly The right to dignity of an accused does not dry out with the judges ink, rather it subsists well beyond the prison gates and operates until last breath. This classic judgment upholds right to dignified life, which is corner stone of our constitution.

As we know that violence against women is increasing day by day and it is becoming a burning problem. This is all because of gender inequality. Women are expected to indulge in household environment and play an important role as daughters, daughter-in-laws, wives and mothers. On one hand our society worships the goddess durga, laxmi and saraswati but on the other hand they are doing these types of cheap activities like rape, domestic violence, sexual harassment, dowry violence etc. They say that girls are laxmi of the house. But it is a big lie because of the thinking of the men of our society is becoming very cheap day by day. Women are considered weaker than men. This attitude has restricted the ability of women to move freely and they face lack of opportunity for the development of their personality. In this article author wants to highlight the types of violence and preventions. Author also wants to describe the meaning of violence against women. This article also highlights the status of women in India. A number of factors are responsible for violence against women. The psychological problems of the people force them to commit such violence. Violence against women is understood as a violation of human rights and a form of discrimination. It is an inequality between men and women. Violence against women is based on a word “gender”. Violence can take many forms. In this article author wants to describe the forms of violence. Violence against women is suffers by victim and their families. Due to the violence against women, parents of our society are scared to send their child outside alone. This all happens because of aggression of men which is hidden and no one can easily understand that. In this article author wants to discuss the causes, consequences of violence against women and specification of violence against women