Volume II - Issue V / 2019

As the number keeps adding to the age, so as the struggles to live a dignified life also keeps adding. The paper explains how the aged people are facing hardships that threatens their rights and dignity in the current Indian Society. It will take into account the role of family in providing security to their ageing family members and how the event of global processes such as industrialisation and globalisation has impacted the structure of Indian society and its effect on the lives of the aged. The paper will thoroughly discuss the reasons for the unfavourable treatment towards the aged people and the government response to this issue

The evolution of limitations appended to a copyright monopoly was also designed to serve some vested and solid social, economic and political aspirations of the contemporary sovereign heads. Consequently, it was really interesting that the scope and span of these innate and instinct attributes underwent gradual and enduring changes with the changing aspirations of the sovereign.

The Criminal Justice System in India is based on age-old institutions such as archaic and colonial police laws passed in 1861. Though in the present context, we have seen inordinate delays, corruption, oppression and political influence has been a major hindrance and it influenced both police system and society at large. In the present paper, the author investigated about the reforms in police investigation and what are the steps need to be taken currently to make it more effective. In the era of high-definition technology, the strategy of both crime and investigation has been changed dramatically. To improve the police system, there are numerous committees and commissions were constituted in the past but still we are lacking in implementation with increasing crime rate. Here, the question arises, that do we need better police system, robust investigation teams flooded with technology and with all kinds of experts or we need a transparency first, at the grass root level. This paper highlights the prosecution aspects as in the case of Jaipal Singh Naresh v. State of Uttar Pradesh, it was decided by Allahabad High Court that the intention of the parliament to keep separate prosecution from police is to investigate the offence and indentify the guilt. The paper also analyse the modernization of police system and need to establish a tracking mechanism for expeditious results in criminal cases to render justice. As said by William E. Gladstone that “Justice delayed, Justice denied”.

Freedom of Speech and freedom of Expression are indispensable conditions for the full development of the person. They constitute the foundation stone for every free and democratic society. The freedom of speech and expression is the first and foremost human right, the first condition of liberty, mother of all liberties, as it makes the life meaningful. However freedom of speech often poses difficult questions, like the extent to which State can regulate individual conduct. Since, individual‘s autonomy is the foundation of this freedom; any restriction on it is subject to great scrutiny. Although reasonable restrictions can always be imposed on this right in order to ensure its responsible exercise and to ensure that it is equally available to all citizens. The offence of sedition is provided under section 124A of the Indian Penal Code, 1860.The relevance of this section in an independent and democratic nation is the subject of continuous debate. There is an apprehension that this provision might be misused by the Government to suppress dissent and fair criticism. The paper deals with the history of sedition to its evolving during the pre and post constitutional era to what it is today. Also the paper suggests the questions that still need thorough discussions and debates taking into consideration the fact that India is the largest democracy in the world and freedom of speech and expression is the most celebrated fundamental right.

The Bharatiya Janata Party (BJP) has been raising the issue of illegal immigration from Bangladesh for a long time now, identifying itself with the “anti-foreigners agitation” in Assam in the 1980s. The party has recently amplified its position, twin-tagging the issue of illegal immigration from Bangladesh with a promise to update the National Register of Citizens, and amend the Citizenship Act to grant citizenship to Hindus, Buddhists, Sikhs, Jains and Christians fleeing religious persecution in India’s neighbourhood while excluding any mention of Muslims as beneficiaries of the proposed law. Is the BJP’s increased tenor on illegal immigration mere poll rhetoric, or does the party have a plan?

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

What this essay presents is two opposing sets of arguments that have dominated this discourse of the right to property. On one hand, it is deemed as an inviolable right that should be protected at all costs. However, the state must reserve the right to intervene and acquire the right for the large public benefit that is sought to be achieved in this utilitarian interference. Hence, the big debate is regarding the struggle for power and consequent supremacy between the legislature and the judiciary. Why this is important is because it helps delineate the relationship between the legislature and the judiciary and shows how the judiciary has succumbed to political pressures and has ended up significantly reducing the value of a Part III right. This is sought to be achieved through an array of case laws and a string of amendments which portray how the legislature became a supervening force in disrupting the regime of the right to property from its status as a fundamental right to an ordinary legal right. The goal of this essay, in the result it seeks to achieve, goes into the larger constitutional question of how far the legislature can go in altering these so called ‘inalienable rights’

This article focuses on the climatic change which is happening across the globe which has been caused by the manufacturing industries such as Vedanta Ltd. with specific reference to India. A case study has been conducted through empirical research in the regions of Tuticorin where mining and copper smelter plant has been shut due to the environmental and climatic threats they were posing. The article starts off with the conventions relating to climatic changes at the global platform and the obligations they impose on the signatory parties. The article also focuses on the need of a sustainable development in a way that it does not hamper the development of the nation in parallel to the current needs. The article then specifically addresses the issue of climatic change in Tuticorin caused by Vedanta Ltd. and how it is affecting the local residents. The researcher has given a few recommendations as to what can be a feasible way to curb this issue and ensure that the balance of the nature is not disturbed

Justice is one of the most important moral and political concepts with no agreed definition. Various philosophers interpret the meaning of justice differently. The concept of justice without law perhaps is not incoherent, but it is unavoidably vacuous. This paper analyses the concept of justice as defined by various philosophers and the difficulties in defining justice. The idea of justice depends upon the specific situation and the prevailing laws.

War and Laws have been walking hand in hand since its very existence .For every new war that has happened , a new provision seeks residence in the covenant , which is somehow accepted by all the states but the question here is , how consistently or rightfully its is being applied or is it being applied at all? Inspite of having the strongest and bulkiest rules governing states from wildly shooting down each other, we still hear the news of armed people attacking the commoners. Through this paper, the author would try and solve the tiny loopholes that are ratted into huge blunders like the leaked tap that drowns the house. While the international humanitarian covenant covers and governs international armed rebellion, it has minimal rules over the internal conflicts that happen in individual states that tear apart the basic rules against armed violence .There is a very basic word gi-en to it, its called terrorism but this is the complex armed violence that has restricted rules applied due to not being defined as an armed conflict. While the very elementary act to strengthen the enforcement of humanitarian law would begin from the states of every nation which are the cells of human body. We need systems and rules that strengthen the primary building blocks of the nations and steadily grow and target the larger objectives. Through this paper I would also try to list the potential ways in which the humanitarian organisations can strategically curb the petrifying violence of armed conflicts with the most primary teaching which we all learned at some point , by attacking the roots because once the roots are not strong enough , the structure wouldn’t take much time to collapse and once the structure collapses , the bodies of humanitarian law can alter and change basic elements of the covenants to be more specific in targeting the wrongdoers.

The impact of changes in the form of amendments in The Hindu Succession Act 1956 that grants the daughters equal coparcenary birth rights in joint family property to which they were denied in the past, can be assessed over the three generations of individuals. There has been a significant increase in the likelihood of daughters to inherit land through such amendment which was brought in 2005, but even after this a substantial bias persists in the society. The Hindu Succession Act, 1956 was enacted to amend and codify the laws relating to those unwilled, also called intestate succession for the Hindus which includes Buddhists, Jains, and Sikhs and the preference was being given to women by abolishing the Hindu women’s limited estate and thereby laying down a uniform and comprehensive system of succession into the said Act. India being a developing country has land markets which are scarce and generally acquired through inheritance and that is why women remain to be asset-poor and in conditions where they rely on men. This makes the inheritance laws significant in our country. The equalization of inheritance rights can be expected to be a powerful instrument regarding the empowerment of women. Hence this research paper indicates a strong increase in the attainment inheritance rights of daughters and thereby suggesting an alternative for wealth transfer. Further the paper even gives an analysis on the impact of women’s empowerment through improved intergenerational transfers of physical human capital as well as inheritance rights in India

“More and more of the decision-making in public corporations is in the hands of independent directors. And that’s only going to work if those independent directors have the information that they need.” [1] The role of Independent directors in synchronising the interests of various parties and evaluating their performance can be barely be disregarded, in today’s system of corporate governance in India. As per the Companies Act, 2013, an Independent Director is a director other than managing director, whole time director or nominee director. In the opinion of the Board, he is a person of integrity and possesses relevant expertise and experience. [2] [1] Wayne Guay, Independent Researcher and Expert at Wharton University of Pennyslvania, Lecture on Can Independent Directors Remain Independent , http://knowledge.wharton.upenn.edu/article/how-independent-directors-bridge-the-information-gap/(Jun 16, 2015) [2] Section 149(6) and 2(47), Companies Act, 2013

The question that we must ask is- Could the modern state be anything else but all-encompassing in nature? The answer to this and other similar questions lies in the experiences of the American Independence movement as compared to various independence movements in the global South. In the global South, independence struggles, especially in India, have come to acquire central importance as a matter of choice. Such movements across the global South have not only faced an external enemy in the form of colonial power but at the same time, they have also fought internal enemies, of much bigger proportions, in the form of extreme poverty, socio-economic inequality, hierarchies of caste, race, gender and much more. A state that actively takes up the task of eradicating internal inequalities has been of primary consideration for the constitution framers. In achieving this, the constitution has also been the tool with which we the people have fought these internal enemies.

A contract is an agreement which is capable of being made enforceable in a Court of Law. The unique feature that sets the Law of Contracts apart from the rest, is the element of discretion exercised by the parties in forming the terms and conditions of the agreement within the legal framework. The construction of contracts gives scope to the parties, in terms of determining the rights and remedies that they can seek in case of a dispute. Contractual disputes between parties may often arise either due to a breach or misinterpretation of the conditions. A commercial dispute arises out of every kind of transaction that establishes a commercial relationship. Therefore, it can be stated that all contractual disputes are commercial disputes but not all commercial disputes are contractual disputes. Dispute resolution techniques are prescribed and governed by various legal provisions. Apart from the traditional dispute resolution method of litigation, a parallel known as Alternative Dispute Resolution (ADR) which is a wide spectrum of out-of-court forum is drawn. These include mediation, arbitration, conciliation and adjudication. Alternative Dispute Resolution (ADR) is a speedy, streamlined process that ensures procedural efficiency and confidentiality. It also eases the burden of the judiciary by reducing the backlogs, a major drawback of the judicial system. According to Section 12A of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Court’s Act, 2015 amended recently, pre institution mediation is a mandatory pre-requisite or any aggrieved party approaching the commercial court with a pecuniary jurisdiction of Rs.3 Lakhs. This Act was established to set up commercial courts at the district and state level and govern them in a manner that guarantees speedy commercial litigation. This article will discuss commercial dispute resolutions that are available, the legal provisions and institutions that govern it, both at the national as well as international level. In addition to this, the article will address and reevaluate the issue of whether the commercial aspect of the legal system in India is effective enough to provide justice in an impartial and a prompt manner, for justice delayed is justice denied

The Judgement has paved the way for Arcelor Mittal and Nippon Steel to take over debt-laden Essar Steel. The Ahmedabad Bench of the NCLT has admitted an application for the initiation of insolvency resolution proceedings filed by State Bank of India (“SBI”) and Standard Chartered Bank (“SCB”) ii against Essar Steel India Limited (“Essar”). The RBI vide its Press Note dated June 13, 2017 (“Press Note”) had identified Essar as one of the 12 accounts which had to be proceeded against in the NCLT. Following the Press Note, Essar approached the Gujarat High Court to challenge (i) the validity of the Press Note; (ii) the decision of the Consortium of Lenders to initiate action under the IBC; and (iii) the Consortium of Lender’s failure to implement the restructuring plan which had been approved by the Board of Directors of Essar. Although the Gujarat High Court stayed the proceedings in the NCLT during the pendency of the challenge proceedings, it was eventually held that the creditor-banks could proceed before the NCLT (“GHC Ruling”). Further details about the Press Note and the judgment of the Gujarat High Court can be found here. Consequently, SCB and SBI initiated a Corporate Insolvency Resolution Process (“CIRP”) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”) in respect of Essar’s outstanding debts.

White-collor crimes are also called the professional crime. These are property crimes, economic crimes, environmental and health safety laws violations etc. the White-collor crimes has various types that I will explain in detail in my article. In this article I want to throw light on various contents like meaning, origination, classification, types, implications, causes, factors affecting White-collor crimes. As we know that crimes in India is increasing day by day. Crimes are happening at every place. I will explain the White-collor crimes in India, measures to control White-collor crimes, penalties and punishment. I am also taking the help of leading cases to explain White-collor crimes. White-collor crimes have their criminal history including infractions of illegality but many do not indulge in that. An individual can commit a crime during employment or unemployment. Its two common forms are fraud and theft. In the era of modernization there are lots of nations which divide the crimes into some laws. One of the most common crimes is corporate crime which deals with the company as a whole. White-collor crimes and corporate crimes are similar because they take place within the business world. The difference between both of this is White-collor crimes benefit the company. White-collor crimes are done by employees with the criminal behavior. Let’s begin with the article.

It is learnt that Election Commission of India is built on Canadian model, following the Dominions Act of 1920. [1] The Election Commission of India (ECI) is an autonomous constitutional body with a power to administer the Union and State elections. Our Constitution confers three basic powers on the E C I i.e., 1) Advisory Powers,2) Administrative powers, 3) Quasi-Judicial Powers, under the first type it advises the President and the Governor regarding disqualification of Members of Parliament and State Assemblies In the Second type of powers it exercises Powers to mark areas of elections where requires, to prepare election rolls, to Control and superintendent elections etc., Under the quasi-judicial powers, the Commission also acts as a Court for settling disputes regarding recognition of political parties and their symbols .

NEED Legislative measures have been mad stringent enough to punish the offence of rape harshly and to increase the safety standards of women in the country. However if the problem is in the domestic front, no matter how much external protection is given to the woman, she will lie vulnerable. Marriage as a sacred institution definitely needs to be respected, but at the same time, any misconduct in the interpersonal relationship of marriage cannot evade the protection given by the Rule of Law provided in the legal system.

This article tries to throw light on emerging life style in India. A deep look into western style of relationship in Indian society .change is the law of nature .So it resulted everywhere. It is up to individual to decide whether to accept the changes or not This article about new life style in family set up. India has been known for well married family set for centuries. Now the time has come for a change, a time to experience a new paradigm of life style. We call it as ‘Live in relationship’. This style is going to be accepted by all short span time. In metropolitan cities it is already in practice .The advantage of this method of life will attract the new generation, this article brings a clear understanding of what is live in relationship and how it can be effective in our society .It addresses all merit and demerits and tries to give a solution to all such queries which can be raised by critics