Volume II - Issue IV / 2019

Begi nning in the late 1960s, the question of whether or not insider dealing [1] should be regulated has been a controversial issue. The crux of the matter is generally agreed to be Henry Manne’s arguments in his 1966 publication Insider Trading and the Stock Market. [2] This book stunned “the corporate law school of thought by arguing that insider dealing should be deregulated” and ranks among the “truly seminal events in the economic analysis of law”. [3] Whether or not one agrees with Professor Manne’s views on insider dealing, one must give him credit for studying the effects of insider dealing from an economics point of view and daring to conclude that rather than it being prohibited, insider dealing should be encouraged as the practice was beneficial to both the securities’ markets and the corporations using them. However, at the policy level, there is general consensus that insider dealing should be prohibited as regulating insider trading became the central element of modern well-regulated capital markets and this resulted in a wave of insider dealing regulation during the 1990s. [1] In chapter one, Manne’s crucial arguments are deconstructed and compared to the counter-arguments and policy justifications put forward by both, Manne’s critics and supporters, when discussing the regulation or deregulation of insider trading. It concludes by questioning the feasibility of (empirically-backed)economic arguments that are devoid of ethical considerations in the broad sphere of policy-making. [1] The expressions “insider trading” and “insider dealing” have been used interchangeably throughout this dissertation [2] H.G. Manne: 1966, Insider Trading and the Stock Market, New York, The Free Press. [3] Bainbridge & S. Mark: 2008, Manne on Insider Trading, UCLA School of Law , Law-Econ Research Paper No. 4 at 3. [4] P.J. Engelen, & L. Liedekerke: 2007, The Ethics of Insider Trading Revisited, Journal of Business Ethics, 74 at 497.

This paper proposes for a first-hand document of Intellectual Property (IP) Due diligence prepared by each department dealing with the management of IP assets. This document aims to ensure efficient management of the IP asset that creates a safe haven for the seller, buyer and growing market of IP assets. This paper identifies the role of IP audit and the problems of asymmetry information faced by the external expert auditor. This paper applies the theory of Information asymmetry in the economics literature to address the problems during the process of IP Audit. This paper further increases the scope of the IP audit and due diligence study under the theory of economics

Since the last decade organic market has been growing. Many of the people were understood the importance and need of gripping the organic products. Using natural fertilizers organic products are generated. Consumers started to select organic food health concern and environmental concern and also due to attributes like nutrition value, taste, freshness. This study aims to analyze the factor influencing the consumers to buy the organic products. The main goals are to examine the attitude, preference of the respondents and their valuable suggestions. This study is based on the purely original collected data. The data were collected on the basis of questionnaire method from 50 respondents. SPSS statistical tools like percentage, ANNOVA, T-Test were used the check the reliability of data which was collected. Thus, this study analyzed the consumer’s preference towards organic products in Coimbatore District

Indian banking system can go cashless with the aid of Internet banking. Internet banking is also known as e-banking or online banking or virtual banking. It is an electronic payment system that enables customers of a bank or other financial institutions to conduct a range of financial transactions through the financial institutions websites. There are different types of online financial transactions famously called as core banking such as Nation Electronic Fund Transfer (NEFT),Real time gross settlement (RTGS),Electronic clearing system (ECS),Immediate Payment Service (IMPS),Automated teller machine, Smart cards, Tele banking etc. Through Internet banking we can check our transactions at any time of the day and as many times as want to. The online banking frauds in India have increased tremendously. In India there are no sufficient Internet banking laws but the Reserve bank of India has issued some guidelines at the latest in this regard though it is not sufficient to make the banks follow robust and required cyber security procedures. The paper highlights the new trends in the Internet banking addressing the cyber issues, its advantages and disadvantages with special reference to legal framework that is prevalent in India to protect the customer against the menace of it

The telecom industry is considered as having the highest potential for investment in India. Recognizing that the telecom sector is one of the prime movers of the economy, the government's regulatory and policy initiatives have also been directed towards establishing a world-class telecommunication infrastructure in India. Recently, customers are focusing high quality services. The requirements and expectations of the customer are increasing very fast. There is also an increase in the expectations of the product and service in terms of confirming to certain standards, reliability, dependability, durability, performance, features, appearance, safety and user-friendliness. This study has been undertaken by the researcher to examine the behavioural profile of users of this service taking into consideration the socio economic characteristics and the market policies and practices of the services providers.

In the process of delivering justice if the Judiciary merely restricts its role to that of an interpreter, there would be an evident failure of justice which will lead to compromise of the concept of “rule of law”. The law makers being merely human beings are in no position to foresee the needs, wants and aspirations of the future. Hence laws which were made in accordance to the then existent needs of the society, should be interpreted by the judiciary in such a manner as to satisfy the wants of the present. India being a democracy is always at a threat of a brutal majority exercise of power by the political executive over the “law of the land”. Political dissenters and vocal critics are witnessed being hunted down by political parties, who acquire the power to form the government. While an active judiciary merely applies the existing laws to the facts, an activist judiciary surges a step ahead to interpret the laws according to the existing circumstances, to deliver justice to the aggrieved who stand at a vulnerable position of being harmed by simple application of the law. Here emanates the significance of an activist judiciary, which performs the role of a “philosophic advisor”, whose advice is of great significance for the democracy. The activist Indian judiciary maintains the living nature of the Indian Constitution which in turn maintains the hope of the citizens in the system

The current article is based on Triple Talaq, cantered on the Shayara Bano and Bill which presented on the floor of Loksabha which is known as Muslim Women (Protection of Rights on Marriage) Bill, 2019. The whole triple talaq debate has become a battleground for the culture versus modernity. Triple Talaq is based on certain aspects of Islamic laws which amount to gender discrimination and hence violates the constitution misses the point of inter-sectionality. As per the liberal interpretation of rights for empowerment of women we need to subordinate the category of religion and customs. However, constitutional rights would a dead book if we do not implement the manner in which identity politics unfolds especially in case of women. There is an already existing legal precedent established by the apex court with respect to Triple Talaq which should be followed. The identity of Muslim women must be understood at the intersection of gender and religion. The journey of Triple Talaq can be seen from the case of shah Bano to shayara Bano. These two leading cases are the basic of the verdict given in Triple Talaq. Shah Bano laid down the foundation for the illegality of Triple Talaq and shayara Bano took it to the end. The journey has faced many hurdles but has settled now. The Supreme Court said that Triple Talaq is very worst and unacceptable form of dissolution’. The right to religious freedom applies on men and women equally. This case of Triple Talaq verdict was a historic verdict as it maintains the truth and faith of the people in the judiciary system of India as in this case, “justice and equality has overcome religion”. This lawsuit was a milestone in judiciary as it was courageous, bold, impartial and unique decision. This judgement has marked the value of maintenance which should be provided to the divorced Muslim women who are not able to earn and maintain themselves. Codification of this judgement in a form of legislation is very important for the right implementation of the judgement passed on Triple Talaq, it is necessary to codify the Muslim law. The status of Muslim women improved as compared to earlier.

Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures, and there are major disagreements as to what is or isn’t obscene and what role the government should play in enforcing social or cultural morals. The best diet for infants and toddler is the best milk it is highly recommended by the paediatrician to exclusively breastfeed infants at least or 6 months. With regards to breastfeeding a baby, a mother has to face the situation about the places where to fed a child whether it is indoor or outdoor. Cultural, legal, social, and religious plays a very important role in creating a safe and comfortable environment for a mother to breastfeed in public. The acceptance for breastfeeding in public is not always the same. It can be stated as the cruel truth that breastfeeding in public places may imply that breastfeeding is unnatural, undesirable or even illegal due to the controversy arising out of it. Breastfeeding in public as an obscene act has been a dreadful misconception in all over the world. The research paper has been written with to analyze the explicit meaning of obscene and indecency on the subject matter of Breastfeeding in Public. The research is purely based on secondary source like journals, book, legislation, articles,etc. The conflict between the concept of breast milk being pure (like tears), and contaminated or “dirty” (like genital secretions or vomit) is raising in many cultures at present. In these settings, the female breast might be considered fundamentally a sexual organ, and in this manner a private part of the body, which should be undetectable in general society field. Thein convenience with breastfeeding in broad daylight brings down breastfeeding rates, which thus adversely influences ladies' and youngsters' short-and long-haul health

The term international migrant has been defined numerous times by numerous organizations. It has become clear over the years that there is no clear, universally agreed definition of migrant. This has led to numerous counts of human rights violations against migrants. Rising fear and xenophobia have also played major roles in changing migration policy across borders by first world countries. In some cases this has led to imprisonment in detention centres. Hence there is a need to understand who international migrants are and how these hard line policies affect them

Time changes the day, now days everyone is too busy in their own profession that they had no concern about the surroundings they stay, the environment scenario they live in except making themselves healthy and wealthy. Earlier the people’s surrounding and environment were free from all types of pollution. Ages ago people only wanted their basic needs that is food, cloth and shelter. They didn’t need what the today’s generation kids demand. But as the time changes, demand increases. So, to fulfil new generations demand, numbers of industries, factories and machinery setups had been installed all-over the country. Due to which the impact of industrialization on environment had led the way with certain positive and large negative outcomes. The formation of industrialization leads to creation of massive pollution and exhausting the earth’s resources. Global warming and greenhouse effects are the result, of industrialization on the environment. Rapid growth of industries is leaving harmful effect on the human life by polluting air and water. This article is particularly going to deal with the industry situated mainly in Kanpur, Uttar Pradesh which are the foremost reason of creation of massive pollution due to which India’s holiest river, the Ganga turns black.

A novel based on a riot in India which happened in 1989- about love-hate, religious fanaticism, cultural collision and ownership of history . The questions that bounces in the mind of the readers are like why would someone want to murder such an idealistic, highly motivated American student who came to India for a noble cause of volunteering in womens health program ? Was it a xenophobic attack by the mob ? Was it a revenge by the locals on the district magistrate, Lakshman? Was that illegitimate affair had spun out of her control? Or was she one of the many innocent victims of a riot in that particular fateful year of 1989 between the two religions i.e hindus and muslims ? The acclaimed author of best selling novels including The Great Indian Novel, The era of darkness, Why i am a Hindu? and many others, Tharoor has been a favourite of Indian readers throughout the decade. Masterfully experimenting with the narrative form he has chronicled the death mystery of Priscilla Hart through a dozen or more contradictory characters. The novel point out the issues which need to be addressed more seriously than they are right now. It touches upon the issues which are sensitive to both Hindu and Muslim communities and he also balances the viewpoints tactfully and is clever not to write in a manner as if he is taking side of one religion.

“Electronic-Commerce “means buying or selling of goods and services over an electronic or a digital network. The digital revolution has provided access to a large variety of products at competitive prices and India has also been a significant part of this digital revolution. In recent years India is witnessing consistent growth in the E-Commerce market. With large increasing digital literacy and mobile use across India, the Indian e-commerce sector has seen a boom which no industry has ever witnessed. Electronic commerce technologies have changed the structure and environment of business worldwide. E commerce is gaining popularity over traditional commerce because it offers versatility and advantages of business and customers. For an E commerce merchant world’s online population is its potential market. It creates boundary less virtual market place without any geographical limitations. The e-commerce growth has not only affected the businesses by giving a virtual space for selling products online and create more avenues for revenue but also led to the creation of a number of job opportunities and eased out lives of modern day consumers. This paper deals with privacy and protection issues of E commerce. The government of India enacted Information and Technology Act in year 2000 to give legal recognition to digital records, digital signature and other electronic transaction. This paper explains the laws governing Ecommerce in India and what are the drawbacks in these laws while providing some suggestions for the same

The builders of Indian Republic and founding fathers of our Constitution had considered it necessary to provide specific safeguards in the constitution for the uplift of Scheduled Castes (SC) and Scheduled Tribes (ST) communities in India. The Central and State Governments have also launched several welfare and developmental programs to fulfill the constitutional obligations in free India in order to make SC/ST communities catch up other sections of Indian society in the race for social, economic, political and cultural progress. It is distressing to note that the gains of development have not yet reached the intended classes to the desired extent. Despite various measures to improve the socio-economic conditions of Scheduled Castes and Scheduled Tribes communities remain weak and vulnerable in all spheres of human life in India. The relevance and utility of constitutional provisions for SCs/STs in India is examined in this article which is based on an extensive review of literature.

Media is a tool for spreading positive propagandas and morale as an awareness outreach to a large population but what it is, is a communication which has the power of persuasiveness. Terrorism is wide spread and is used a mechanism for the rebels to threaten the security of the opposition, to this concerning issue media also aids in different forms such as social media. The followers are able to read and understand the motive and propaganda of the terrorists through any posts or a blog in social media: training and recruitment occurs mainly through the communication that media grants. The study and the objective of this project is to understand how to reduce the impact of terrorism through social media, whether it would violate the Freedom of speech under Art.19(1) of Constitution of India, Whether other Countries like US, UK and Europe have opted for a policy or a procedure to curtail the communication of terrorism through social media. The purpose of this paper is to emphasize that media also contributes to the fear, risk and uncertain future of the peers of social media and is influential to the non-users. This article would be a doctrinal based research. There are various methodologies used in this article including Content Analysis Method with secondary data collection from books and articles. The methodology that is being adopted in the said project is purely doctrinal in nature. The research is completely relying on primary resources such as statutes and also secondary resources such as notices, commentaries and various books of eminent authors have been referred and cited. The said research paper also has a high reliance on the study articles and other works of eminent universities/colleges and also websites have also been referred

Judiciary is the key organ of modern State. One of the chief functions of the Judiciary is to interpret the Law. In the area of Constitutional Interpretation courts have always playing a law-creative function. When many Nations in the modern era having their written Constitutions. Then there has been a great emphasis on the Judicial Law making through constitutional interpretation to equip the decades old or in some instances centuries old Nations’ Fundamental Law with the rapidly changing-socio-economic, political, scientific and technical-needs of the people. In the process of judicial interpretation the courts have evolved numerous constitutional principles. For instance Judicial Review, Immunity of instrumentalities, separation of powers, judicial independency, territorial nexus, police powers etc., are really the judicial inventions. there are new paradigms in the Constitution of India that the Supreme Court has propounded a few innovative constitutional theories in some of its landmark judicial decisions such as Collegiums system for appointment of Judges to the higher Judiciary [1] , basic structure theory [2] , the most recent conceptions of Right to Privacy [3] , and constitutional morality [4] In this article the writer is intended to focus on the questions that, what the judicial review basically is? What for the judiciary intervenes if already powers are separated? Is the judiciary by exercising power of judicial review trespasses into the legislative and executive domain? [1] The apex Court, in Supreme Court Advocates on Record Association (SCAORA) vs.Union of India, decided on 16-10-2015, held that the constitution 99th Amendment Act and the National Judicial Appointments Commission Act, 2014(No40 of 2014) as void and restored the Collegium system for appointment of Judges to the higher Judiciary( the Constitution of India, p. 61, Published by Gogia Law Agency, Hyderabad [2] Golak Nath AIR 1967SC 1643, Keshavananda, AIR 1973 SC 1461, 1973(4)SCC225, Indira Nehru Gandhi, AIR 1975, SC 2299. [3] The Supreme Court in its sensational case, Justice Puttaswamy(retd) and Anr. vs Union of India, 26-9-2018, A nine- Judge bench of the Supreme Court of India unanimously held that right to Privacy is Constitutionally protected right in India, as well as being incidental to other freedoms guarantee by the Indian Constitution. This landmark judgment later has lot of legal implications on the centuries old Indian legislations which criminalizing same-sex relationship as well as bans on beef and alcohol consumption in many Indian States are brought before the court for judicial scrutiny The right to Privacy is an integral part of right to life , https://globalfexpression.columbia.edu. [4] Navtej Singh Johar vs Union of India, https:// ohrh.law.ox.ac.uk, the five- judge Constitutional bench of the Supreme court unanimously decriminalizes all kinds of consensual sexual behaviour between adults and there by read down that part of Section 377 of I P C which criminalizes homosexuality by restoring 2009 Delhi High Court Judgment, and reviewed its own decision in Suresh Kumar Koushal vs. Naz foundation, dated 11th December 2013, https://en.m.wikipedia.org, which held that the power to repeal or amend legislation is vested with the legislative body but not to the Court.. In a landmark ruling ie., NGO – Independent thought case the Supreme Court read down exception 2 to S.375(which defines rape) of I.P.C as amended by Criminal Amendment Act, 2013 which allows such a sexual act. The age of consent has been made 18 now it permits intrusive sexual intercourse with a girl child aged between 15 to 18 years only on the ground that she has been married. This clause(exception 2 to S.375 of I.P.C)contradicts the POCSO Act 2012..The five-Judge bench of the supreme Court in its another sensational ruling scraps S.497of I.P.C a colonial era legislation that made the woman as chattel and treats the husband as her Master.www-indiatoday-in.cdn.ampproject

The right, which is now turned into an issue, to equivalent pay for equal work amongst men and women is subject of major distress to any economy concern globally and also at an individual level. Long perceived stereotype that women are physically weaker than men is yet persisting in Indian society and thereby regardless of criminalising the discriminatory practice, the mentality of paying less to women for the same work poses a huge economic hurdle. Only after modernization, women though in relatively small number have transpired from the era where they articulated and prepared to agree on lower pay for same employment as that of men. The persistent discrimination is not only limited to backward or developing nations, but they exist in most economically and socially developed nations who have marked a notable progress internationally.

E-commerce or e-commerce enables consumers to electronically exchange items and ventures with no time or distance limit. More and more customers have moved from standard commerce to e-commerce because it is often faster and cheaper. Moreover, e-commerce offers more convenience and flexibility for the choice of altering items and services. E-commerce is a business process by means of computer networks. A person sitting in his seat before a computer can access all Internet facilities to purchase or sell items. Unlike conventional commerce that is physically carried out with a person's efforts to fetch items, e-commerce enables the man to reduce physical work and save time. E-commerce, which began in the early 1990s, has taken a noteworthy step forward in the realm of computers, yet security has been a delay the development of e-commerce. Security is the challenge that e-commerce faces today, and a huge amount of progress has been made in the area of security. The principle advantage of e-commerce over conventional commerce is that the user can browse online shops, compare prices and order items at home on his PC. To increase the use of electronic commerce in developing countries, business-to-business e-commerce is being implemented to improve the access of developing country firms to worldwide markets. For a developing country, progress in e-commerce is essential. The research strategy demonstrates the importance of e-commerce in developing countries for commercial applications

Provisions under the ILO Conventions seek to fulfill the ends of labour welfare, to preserve the essence of social security and achieve a certain uniformity in respect to labour and laws regarding payment as well as fixation of wages i.e. wage security. Studies show that the wage regulations in India do not measure up to the standards adopted in peer countries and in some respect fall short of the recommendations in ILO Conventions. In this paper, we undertake an evaluation of the different laws governing wages in India, identify certain shortcomings and attempt to offer suggestions for improvement of the same. Along with other shortcomings, in the different enactments that are in force in India with respect to wages, definitions have been provided for ‘wages’ differently in each. This has led to widespread confusion and difficulty in adjudication of cases in Labour Courts. As part of labour reforms, the Government has undertaken the exercise of rationalization of the 38 Labour Acts by framing fourlabour codes viz. Code on Wages, Code on Industrial Relations, Code on Social Security and Code on Occupational Safety, Health and Working Conditions. With respect to the difficulties faced by Labor Courts because of the varying definitions of ‘wages’ in different enactments, the Code on Wages Bill 2017 has been introduced in Lok Sabha. This paper shall attempt to look further into the Bill and the effects of this Bill being passed. Upon enactment of the Code on Wages, the Minimum Wages Act, 1948; the Payment of Wages Act, 1936; the Payment of Bonus Act, 1965; and the Equal Remuneration Act, 1976 will get repealed. This would remove the multiplicity of definitions and authorities leading to ease of compliance without compromising the principles of wage and social security to the workers

Whenever a serious offender is sentenced for violating laws, a great amount of public interest is attracted during the sentence of the criminal. Even, when heavy sentencing is imposed on them through long term imprisonment or death penalty not much of the change in reduction of crime rate has been observed. The true picture depicts how the deterrent theory which is still prevalent in common countries fail to achieve its objective of setting an example so that the similar type of offence is not committed henceforth. One of such exemplary punishments is of ‘Life imprisonment’. This clearly does not reflect any changes in the offence pattern, despite being one of the highest forms of punishment. A Constitutional bench of the Apex Court has held that the life imprisonment lasts till last breath, and the remission earned by the prisoner can be claimed only if the remaining sentence is remitted by the government. A mandatory prison sentence without the certainty of being released or probation with the term which may extend up to the life time of the offender raises grave question in Indian Constitution, primarily being human dignity which has negative psychological effects associated with it as well. It is no hidden fact that how inhumane and degrading conditions are being prevailed in the prison cells which the offenders undergoing life imprisonment are subjected to, hence no purpose of being a mere severe punishment is served at its maximum. The paper would be discussing how life imprisonment violates the Constitutional value and basic human rights like dignity and right to clean and hygiene environment and others and how alternates to life imprisonment are a more promising source of reforming the society and bringing down the crime rates among many other benefits. The paper would also provide some suggestions which can be implemented for the benefit of the prisoners and the society at large

Grundnorm means a fundamental norm, rule or order that forms the elementary principle for a legal system. It is the foundational law laid down by those who were a part of the earliest legal systems. A grundnorm should be acceptable and applicable to everyone at every times. The purpose of grundnorm is to ensure the deep rooted values of righteousness and fairness are preserved among the society. Thus, this would result into maintenance of harmonious social arrangement. Grundnorm entails the idea of justice, thereby it earns the ability to decide the soundness of any legislation. Any legislation has to be put under the test of its conformity to the grundnorm in order to determine whether it is a capable of implementation upon the people. If it diverges from the fundamental law then it is open to be challenged for being illegal, unfair, oppressive, arbitrary etc. and hence may be declared unjust. This ultimately may repeal the legislation. Hence the concept of a grundnorm portrays it as the omnipotent law. This paper attempts to determine if constitution of a nation state can be called as its grundnorm. The comparative study of India and UK is done through research so as to find out what is grundnorm in the legal systems of these two nations. Also the paper discusses various instances which aim to check efficacy of the grundnorm in today’s advanced world. This paper tries to find out whether the grundnorm which was recognized in ancient times is effective enough in modern legal system as well. After passage of centuries and with changing times does the grundnorm lose their authority or get changed are some of the prime concerns addressed in this paper.

The article has a major role in dealing with polygraph and Narco analysis in collecting the evidence and to testify the constitutional validity. From centuries there is a rapid growth in science and technology development which include sophisticated methods in replacing the third-degree torture by police and help in lie detection. It carries the function in a smooth way. There are various scientific tools which help in the interrogation such as polygraph test, brain mapping, narco analysis and the truth serum. These tests have been recently developed to extract the information. These psychoanalytical tools are used by the investigating officers to find the truth and observe the behavior of the suspect and conclude on their observations. The main three tests such as polygraph, Narco analysis and brain mapping are called as deception detection tests. They have important role in ethical, scientific and legal implications. They are useful in revealing the information in grievous crime. Though sometimes it is crucial to detect the self-known information it can be clarified through the investigation. The study helps to arrive at the logical consequence and answering a large number of issues during the investigation. Forensic science has a vital role in detecting the crime. It is said according to Encarta world dictionary the word forensic means crime solving with application of science and to conclude on the issues arises from the crime or litigation. Forensic science is an important aspect of jurisprudence. It is a weapon in administration of justice. Forensic is the operation of the applications of science to conclude the analysis from the crime. However, sometimes they appear to be contrary to the fundamental rights of the examinees as they are subjected to pain and suffering in these tests. The procedure in which the information is extracted is also in question as they are not in their senses while divulging information in these tests. The aim of this paper is to analyze the validity of these tests through the lenses of the constitution and determine whether they are in loggerheads with our basic fundamental rights and principles of natural justice. black.

Surrogacy is an important discussion that needs to take place. It is often perceived as an ethical grey area. Often commercial surrogacy is related to prostitution. The surrogate mothers are stripped off their dignities and their morality are questioned. Through this paper the authors have tried to analyse the nature of surrogacy and how it plays in a role in our morality. The various statute governing surrogacy have also been analysed. Surrogacy has numerous advantages, from the medical point of view as well as from the social point of view. But it is very vulnerable to exploitation as well. The surrogate mothers are the most vulnerable. Thus, the Parliament of India promulgated the Surrogacy (Regulation) Bill, 2016 to protect such surrogate mothers. This paper provides an analysis of that Bill as well

Many methods are available to measure the performance of the brand. Brand equity is the most popular method to measure the brand performance. This paper presents an examination of the impact of brand equity of Redmi mobile on customer satisfaction. This study considered the brand equity and customer satisfaction of brand, to search out that how these influence the brand equity. This study was based on the Primary Data. The data collected from 200 respondents on the basis of Simple random sampling. The data were collected on the basis of questionnaire method. SPSS statistical tool was used the check the reliability of data which was collected. Customer satisfaction and attraction is the main goal of every business. This articles show all the dimensions have a significant association with customer satisfaction

Earlier, human beings enjoyed rights within families or communities they were part of, and not through state. Initially, Civil rights or fundamental rights was introduced in the Cyrus cylinder, it was a clay tablet written in 539 BC, Cyrus the great freed all the slave he took when he conquered the city of Babylon and gave right to his people to choose whichever religion they want. Cyrus cylinder was the world’s first human right declaration in the history. After the atrocities of World War II, around 85 million of the lives were lost and the need to establish a universal principle to avoid the recurrence of such a tragedy, hence United Nations was formed 24th Oct 1945, with a sole purpose of protecting human rights which further lead to Universal Declaration of Human Rights which came to existence on 10th December 1948, which safeguards the fundamental human rights which are to be protected universally. In this paper author focuses on Universal Declaration of Human Rights and its influence over domestic laws as our constitutional framework is vastly influenced by the provisions of UDHR. In India there was no scope of any humanitarian law until the departure of British and enactment of Constitution back in 1950 in whose Part III provides for Fundamental Rights which are to be given to every person or citizen. In excess to having constitutional guidelines, India is also signatory to UN’s declarations such UHDR or ICCPR. In this paper author further focuses on role of International Court of Justice to ensure the enforcement of the charters or declarations signed by the member countries and ensure the implementations of such charters on domestic level

The paper describes the recent statutory and judicial developments as regards the arbitrability of IPR agreements and particularly over Copyright licensing. It shows the thrust of the state judiciary has been to allow for the progressive growth of arbitration in the area of contractual obligations (as rights in personam) and so to give a fillip to the rights of the parties to invoke arbitral jurisdiction through the express provision of an arbitration clause in the agreements inter se. Similarly, in the realm of patent infringement, arbitration has emerged as a favored tool of the rights holder to protect his legitimate interest with a greater degree of confidentiality and expediency than expensive courtroom litigation. However, the Apex court has yet to render a definitive verdict on the matter

On August 05, Article 370 was revoked through a presidential order.Union Home Minister Amit Shah has announced the scrapping of Article 370 of the Constitution, which provides a special status to the state of Jammu and Kashmir. The bill was introduced in the Rajya Sabha (Upper House) to convert two separate union territories, namely Jammu and Kashmir, and Ladakh. The union territory of Jammu and Kashmir is proposed to have a legislature under the bill whereas the union territory of Ladakh is proposed to not have one. By the end, the bill was passed in both the houses of parliament, Rajya Sabha (upper house) with 125 votes in its favor and 61 against. Next day it was passed by Lok Sabha (lower house) with 370 votes in its favor and 70 against it. Though the former Prime Minister Manmohan Singh said that the outcome of revoking Article 370 from Jammu and Kashmir is not to the liking of many people of our country. “Its outcome is not to the liking of many people of our county and it's important that voices of all these people be heard and it is only by raising our voice that we can ensure that in the long run, the idea of India prevails

The 2013 Amendment to the Companies Act, 2013 brought with it a lot of landmark changes to the legislation. However, the most appreciated yet the most criticized amendment remains the change made to Section 149 of the Act which now lays down for a mandatory appointment of a woman director to the board of directors for certain companies. This was done to ensure the dual objectives of better governance in corporate law and social empowerment of woman, to help with the barriers of immovability in the hierarchy due to lack of social awareness. The mandate set by this amendment has however “ compelled ” certain companies with heavy internal issues and other such capable companies to abrogate them and atory provisions of the law and appoint someone from their own kit handkin or relations to the board as a woman director so as to continue to hold a firm grip on the functioning of the company while there still sits some lady acting as a nominal head, ensuring “ compliance ” with the law .There arises a need therefore to check whether the legislation in itself is foolproof to meet with the objectives set forth by the law and if not then what can be done otherwise in order to ensure the same. The question also arises as to whether appointment of an ‘independent woman director’ instead of a “woman director” would resolve the challenging issue cropping up with the amendment

The third gender better known as Transgender in India have existed in every culture, race, class and religion since, the inception of human life has been recorded and analyzed. But then why our society doesn’t consider them as humans? Why are they neglected by people? Just because they differ in some ways from all of us. If god has made them then who are we to neglect them. We should keep ourselves in their place and think to what all they have gone through and still are going and then think what the society do with them is correct ? Everyone comes into life for a purpose, not for their own but to fulfill purpose in some other’s life sometimes. Even transgender are humans like us and we must respect them and their feelings. After all, humanity is above all. But still it is sad to hear and see; we the people who are living in 21st century have all such disbelief which leads us to behave misappropriately with someone. Why we forget that we are also humans, we must know to care for others as well. Even transgender are humans but still they are shunned by family and society, they don’t have access to education and several other services, they don’t have their basic civil rights, which is against humanity. The change to this issue can only be bring back by the upcoming generation. We should make our people and society realize that transgender are also humans and we should behave with them as normally as we behave with those persons who are not transgender. Because each and every person in this universe is unique and an integral part of nature made by god. So, we must respect to this unique creation of god and make them as a part of our society too.

Corporate governance refers to the accountability of the Board of Directors to all stakeholders of the corporation i.e. shareholders, employees, suppliers, customers and society in general; towards giving the corporation a fair, efficient and transparent administration. The need for corporate governance has arisen because of the increasing concern about the non-compliance of standards of financial reporting and accountability by boards of directors and management of corporate inflicting heavy losses on investors. Most listed companies and large corporate groups in India were born as family-owned businesses, with family members occupying managerial positions and making all the key business decisions. This also meant very little distinction between the company’s finances and that of the family owners. With the evolution of the equity markets though, many of these family-owned businesses listed themselves on the exchanges. Today, India’s corporate governance framework requires listed companies to have independent directors manning one-third of their Board, disclose all related party deals, disclose comparative metrics on managerial pay, appoint audit and nomination committees, and require the CEO and CFO to sign off on the governance norms being met in the financial statements. Minority shareholders with 10 per cent voting rights also have the right to drag companies to Court for ‘oppression and mismanagement’. By this paper, the authors intend to examine the concept of corporate governance in India with regard to the provisions of corporate governance under companies act, 2013. The paper will highlight the importance and need of corporate governance in India and Loopholes in the auditing process in the wake of the aftermath of the Satyam Fiasco. We will also discuss Implications of the satyam scam on Corporate Governance in India with important case laws

Internet has proved to be a boon in various ways but this also invites some issues of which one of the major ones is data protection and privacy. Privacy is not merely something which is to be traded upon, as if the data about us were currency and nothing else. It’s a social property relating to values, culture, power, social standing, dignity, and liberty. Privacy is nowhere defined in law but major laws relating to this has been seen in Information Technology Act, 2000 and Indian Contract Act, 1872. Despite laws, India lacks in a proper legislative framework for data protection and privacy unlike developed countries like U.S.A, Russia, England where there are specific laws and legislative framework for combating data protection and privacy. The Battle for this started in 1954 with M.P Sharma’s case and finally ended in Aadhar card’s case in 2017 where the court incorporated the right to privacy under article 21 of the Indian constitution and made it a fundamental right. India being the largest host of outsourced data processing must have its own legislative framework to protect it. In 2013, National Cybersecurity Policy was drafted particularly in view of India's position as an exponentially growing business process outsourcing destination but this policy was stymied and even reasons were not made public. Further in 2017 Data Privacy Bill, 2017 was introduced but unfortunately it has still not been enacted into law. It is a very high time for the country to wake up as without proper legislation and strong cyber laws, data breaches and privacy cannot be controlled. The Data Security Council of India(DSCI) and Department of Information Technology(DIT) should also join hands and come up with the strong framework and should also work to spread awareness amongst people about the framework.

Today almost all the countries of globe are working for the betterment and upliftment of their nationals. These nationals include the weaker sections of society like; minorities, children and women. Therefore, these countries have passed many legislations or sponsored various schemes for the welfare of these inferior parts of society. This Article is especially concerned with the common problem of women throughout the globe. Rape is such an offence, which had been criminalized since time immemorial. But forceful sexual intercourse by a husband with his wife is still exempted from the categories of offences in many countries. Although, there are many countries that have passed legislation for the protection of women’s rights and even some of them have also criminalized the forceful intercourse by a husband with his wife, but in India, we are still waiting for such legislation. India which is the largest Democracy of the world and which have the lengthiest Constitution in the world, which contains provisions providing authority to make special provisions for women, did not criminalize the Marital Rape. In this Article it has been discussed what provisions of Indian law are being violated and also the steps taken by the Indian Courts and the Legislature in this regard. This Article as a summarized research paper has discussed all relatable matters with Marital Rape and the position of women

“Adoption is not about finding children for families rather it’s about finding families for children” - Joyce Maguire Pavao Adoption as a development of a family has drawn overall research for three decades. India as one of the antiquated nations in the Asian mainland has experienced real changes in the field of adoption. From a casually embracing male child for performing last customs after the demise of the received guardians, India has demonstrated dynamic changes. Amid the social change in the 1950s, India is centered around discovering home for relinquished, dejected, ill-conceived and surrendered children. These children were regulated and in the long run, set for residential and between nation adoption. The residential adoption in India picked up its energy just in the late 1980s. From that point forward, vital changes have occurred in the field of adoption. In this phenomenological approach, there are utilized meetings in conjunction with an audit of writing what's more, books on adoption. After a short authentic viewpoint from the Indian and Western parts, it’s more concentrated on three territories in this field. Firstly the advancement of arrangements and lawful rules in India what's more, its effect on adoption as a composed division, Current difficulties and future patterns of household adoption

The Preamble of the Constitution of India guarantees to every citizen, liberty. The idea of liberty refers to the freedom on the activities of Indian nationals. The right to personal liberty is one of the most fundamental human rights as it affects the vital elements of an individual’s physical freedom. Life without liberty is unthinkable. Who wants to live at the end of another’s leash, fearing at every turn? The trinity i.e. liberty, equality and fraternity always blossoms and enlivens the flower of human dignity. One of the gifts of democracy to mankind is the right to personal liberty. Life and personal freedom are the prized jewels under Article 19 conjointly assured by Articles 20(3), 21 and 22 of the Constitution and Article 19 ensures freedom of movement. The concept of personal liberty is not a simple or isolated issue. Its protection through law inevitably conflicts with other important values. Thus, in this paper, the author tends to throw light on the current mentioning of personal liberty in the Constitution of India. Also, the author, through various judicial precedents, will talk about how far have we come, in the light of providing justice to every citizen of India

India being the largest democracy in the world is also believed to be one of the dilapidated Democracies in the world as well. My concern is, being aware of the fact that India is a Constitutional Democracy there is a strong persistence of consistent violations of the democratic principles at each tier by the Politicians and the system and what makes it worse is there is no accountability of people responsible for it. Democratic violations are a regular newspaper subjects, not just violations, series of lacuna have abrupted the entire system. Few ideas of strengthening Democracy won’t suffice the vast cramping’s of Democracy. It requires a head to toe review and restructuring specially in relation to electoral reforms. Electoral reforms are a sector which spread its roots in all the directions. Hence, watering them should result in a collective strengthening of the Democracy. The Ideas to strengthen the Democracy are infinite but my paper sticks to few ideas which will enlarge the scope of change in the Democracy. This paper covers the change we seek in judiciary, legislature, elections and social reforms on the grassroot level. l

Kashmir has always been an argumentative state as to decide the authority over it. Earlier the Union of India received the power to handle in matters of three core subjects i.e. defense, external affairs and communication which were mentioned in Instrument of Accession. Later the Article 35-A by The CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER], 1954 under Article 370 of Indian Constitution was introduced which defines the “permanent residents” of that state, but the issue raised were challenging the validity of insertion Article 35-A by the Constitutional Order, 1954. It is cleared under Article 370 that provisions made in respect of the State of Jammu and Kashmir were to be made applicable only by the presidential order and that order needs to be concurred by the government of that state and once the government of that state gives the permission then it needs to be ratified by the constituent assembly of that state, but the paradox is that under Article 368 of Indian Constitution it has been cleared that any amendment made in respect of Constitution of India can be done only under this Article. Many petitions were been filed in supreme court and many cases have decided in the matter of:- Validity of Article 35-A, How can the Article of permanent nature can be introduced by the Article of temporary nature, Insertion of Article 35-A by the Presidential order, 1954, It violates the basic structure of the constitution.

The safety of citizens is the bedrock of working of every democracy in the world. It includes protection at workplaces. In recent past, world witnessed a wide wave of me too which touched the Indian society too. It strenghtened the unheard voices of the people that went through trauma following such incident. It didn’t aim to bring out the whistleblower but provide resources to the needy women and console them that they don’t survive in solitude. There are other women also who underwent the same story and by letting the story out, they can help others too. This article focuses the history mandatorily to be carved out to understand the objective of movement and remedies available to individual victim. The truths and myths of gender neutrality of laws and the survival story of prostitutes too. the wave reflected out the outcomes that it proposed? The campaign covered all the unheard voices? Didn't it again stirred up the questions of trial by meia and the dreadful effect over the court by easily molding the opinions of the members of the Bar and BENCH? One side of the coin shows women being respected and worshipped as goddess but the other side of the same shows that there were instances of sexual abuse faced by them. This paper draws out the historical otline of the movement and the impact it left in the society.They together aim at bringing out an equalitarian society where people are paid reverence with a safe and sound working environment made available to all

Do we know our identity? Can we accept everyone’s identity regardless the existing prejudices? Can identity politics bring a sense of equality or will it break us into pieces of groups?.Through this short article , I want to explain the elementary concept of identity politics that has always been in the corner of roads of equality and justice and how has it changed the whole spectrum the fight for gender justice and equality .A lot of people have been staying in the closet and not come out from centuries due to fear , not of being judged but of being dead. In these times of extreme judgement and hatred , the movies, tv shows , books and every other source of mass communication has helped people to become more accepting and understanding about the different identities every human car-ry along with their personality and it is totally not justified to harm them for their mere identity . This article aims to create a sense of ease and acceptance for all those who have been quite judg-mental and prejudicial about the various identities of humans. It goes without saying that the whole concept of identity politics stands by the saying “live and let live” and we as mere humans should be more accepting and understanding if not then just mind our businesses and not create havoc and chaos because you don’t find the other human in lines of your understanding of identity. while movements still take and people yet again sacrifice their lives for the rights of their identity , it would make it easier for them if we as people support their decision to choose the path and make the world a euphoric state.

There is a quest for the development of sports law in our country. It is mainly created by a combination of various rules and policy decisions which is purely governed by the government of India. Some of the Indian sports enactments have been borrowed from the respective laws of other countries. The emergence of BCCI has put forwarded a staggering development in the field of sports in India. It is a massive society which governs the sport of cricket and it is a non-statutory body which do not enjoy any kind of financial assistance from the government. It acts as a private club and as such issuance of a writ against it would be completely beyond the scope of Article 226 of the Constitution of India. The emergence of men’s hockey federation also played prominent role in the development of the hockey in India. In order to protect the sanctity of the sports there was a need for the commencement of the national dope testing laboratory. The emanation of various federations like Sports Authority of India, Indian Olympic Corporation etc. have led to the dire need of revenue resources to erect basic organizational structure of various national sports teams. The remuneration guaranteed to the athletes are based solely on the competition law and various federations are striving to get monopoly rights to legitimize its own rules and regulations. The sports law and the welfare association of India is a dispute resolution body fabricated to untangle the problems arising in the sports sector. With the ratification of Prasar Bharati Act the main objective was to provide a free to air basis, of sporting events of national importance through mandatory sharing of sports broadcasting signals. Sexual harassment in the sports sector has turned out to be a cardinal issue in the present scenario. Various legislations has to be promulgated to ensure safe environment for the athlete.