Volume III - Issue II / 2020

The Development paradigm that is accepted in India stands on the model of economic development. It needs infrastructure in the form of roadways, railways, airports, industrial corporations, dams, mines etc. the state while achieving this object needs land as the main resource. It uses its power of Eminent Domain to acquire land compulsorily for a public purpose; development of the nation on the above lines being an established public purpose. Thus the inevitable result of such mega development projects is the mass displacement of the people, who are the inhabitants of the land under compulsory acquisition, or who depend on such land for their livelihood. The contemporary society because of the ongoing impoverishment of displaced and project affected persons, during the last two decades development induced displacement has become a major issue on the human rights agenda and among socially conscious scholars. A major reason for it is the marginalization of the Displaced Person’s Development Induced Displaced persons, a substantial number of whom are dependent on Natural Resources. Faultiness in the act and the burning topics like Compensation, Rehabilitation Resettlement has created a furore in the country against the government. In states like Chhattisgarh where it has experienced violent protests and internal disturbance from the red wing and the Government against the private project which has displaced population in lakhs. The Tribals had emotional attachment to their Jal,jungle and zameen and basically this a question of their identity and self-determination.

The focus of this paper is to unravel the concept of fair trial. The initial chapters of the paper shall introduce the concept of trial and fair trial. The edifice of fair trial cemented by natural justice principles is the succeeding part. Explanation of fair trial as a human right is also given in nutshell. This is followed by the multifaceted dimensions of fair trial and the barriers in its way. A glimpse at the international instruments germane to the aforementioned right to fair trial and an analysis of a few cases across the globe occupies the next segment. The Indian position accompanied by the scrutiny of the quintessence of seven recent judgments (2016 verdicts) relevant to the topic at hand is unveiled in the chapter that trails by. Finally, the authors view on the topic gives the concluding remarks.

Parody, now a day is one of the hot topics in copyright issues. Parody is a form of art which is used since ages as a comic and satirical version of some other works but the problem arises when it comes to the imitation of copyrighted work because when a parodist by way of imitation put forward a comical and satirical version of any copyrighted work, he deems to infringe upon the copyright of the author of original work. In such cases the provisions of Copyright Law is required to be very clear in order to establish a balance between the rights of a parodist and an author, which is unclear in the laws of many countries. There are several issues which requires critical appraisal like the conflict between the rights of parodist and author vis-à-vis commercial as well as moral rights, the amount of material to be copied in parody. These are all the issues which require a definite conclusion to it

The Constitution of India is a legal as well as a moral document. While the word ‘morality’ has been mentioned only four times in the Constitution, twice in Article 19, also more commonly known as right to freedom of expression and once in Article 25 and Article 26 under right to freedom of religion. The literal meaning of the term constitutional morality is adherence of the constitutional democracy Its scope is not limited only to following the constitutional provisions but a commitment to inclusive and democratic political process in which both individual and collective interests are satisfied. It encompasses ensuring the constitutional values like rule of law, social justice, individual freedom, judicial independence, sovereignty etc. Till now many laws have been made by the Judiciary and Parliament that shows commitment to Constitutional morality. Some of them are: - 1. Decriminalising of Section 377 of the Indian Penal Code (1860) 2. Striking down of Section 66 of the Information Technology Act (2000) (Shreya Singhal case, 2015) 3. Medical Termination of Pregnancy Act 4. Criminal Law Amendment Act 5. Opening of Sabarimala temple to women of all age 6. Ban on triple talaq

The field of international arbitration has been the heart of new challenges and arguments in the recent times. It is crucial for the forerunners to keep amending the rules so as to maintain the adaptability of the process. An area to be pondered upon is the exclusion of counsel from the arbitral proceedings if they pose a threat to the credibility of the process. A conflict of interest is sparked by the addition of a counsel that jeopardizes the neutrality of an arbitrator. Even though there are no explicit provisions that deal with the issue of counsel exclusion, the majority of arbitration rules and statues grant the arbitrators an unmistakable power to conduct the arbitral proceedings as they see fit and appropriate, thereby vesting wide discretionary powers in the hands of an arbitrator which should be exercised in order to preserve the efficacy of the proceedings by the exclusion of a counsel that causes a conflict of interest. On the contrary, it has also been argued that such an order violates a party’s right to choose their own counsel as well as the right to present one’s case. This paper explores the role of an arbitrator in an international arbitration and analyses how an arbitrators’ powers should be broad enough to influence the course of the arbitral proceedings, so as to give an impartial result to the parties’ dispute.

This article examines the journey undertaken by the Indian courts before declaring the right to privacy as a fundamental right under the Constitution of India, in the judgment of Justice K.S. Puttaswami v. Union of India. For a simpliciter understanding, the substance of the article is divided into three phases covering the crux of several relevant judgments. The purpose of this article is to elucidate the thought process of our courts over a period of time and also to indicate the difficulties faced by them in declaring the right to privacy as a fundamental right. This article also discusses several exceptions carved out by the courts when the right to privacy was pit against other fundamental rights. It is hoped that this article will be helpful in understanding the interesting evolution of this right which has become rather crucial in this modern age of internet and technology.

The main objective of the industrialization program is to raise the stand of living of the people. This means industrialization to be sound at a balance development of agriculture and manufacturing industry. The industries are classified in to two categories 1) Resource based industries, are started around the location of the available natural resources like agro based, forest product, livestock products (fish, marine, poultry and leather, mineral products) 2) Demand based industries are those industries which can be developed in any place or region like metal and metallurgical, chemical and allied industries, textile products, electrical and electronic products and miscellaneous Andhra Pradesh is a state in the south-east region of India, bordering Telengana in the north, Tamilnadu in the south, Karnataka in the west and Odissa to the north east. Hyderabad is used to be the capital of Andhra Pradesh till state bifurcation of Telengana in the year 2014. Now, Amaravathi is the new formed capital of Andhra Pradesh, the population of the state in 2011 is 4.93 crores. With a geographical area of 1,60,205 sq kms. During the period of last five decades before the bifurcation of the state the performance of large and medium scale industries mainly resource based (cement industries) has grown impressively. Further demand based industries (textile, cotton, chemical and fertilizers industries) turned out as important industries in our state

In this technological era, though man-made many things which are highly compatible in all aspects for human life, conversely today’s scenario is completely reversed. The fast ever roaming lives of human beings have been clogged. Everyone is fighting with an invisible, unseen and hidden enemy (Biological Agents) from their four walls under lock down. Such Biological agents are organisms or toxins that can kill or incapacitate people, livestock and crops. A biological attack is the deliberate release of germs or other biological substances that can make human beings into severe ill health conditions. A biological attack may or may not be immediately obvious. In most cases local health care workers will report a pattern of unusual illness or there will be a wave of sick people seeking emergency medical attention. After the Second World War, in this technological era completely the entire world is being terrorised by this biological agent and has a severe impact on political, social, economic, religious and cultural rights of human individuals. This paper aims to examine bioterrorism and its impact on the society and to identify international law governing bioterrorism and provide suitable remedies.

The Land of Goa has a uniqueness envied by many. One of its most endearing features, its uniform civil code has received praise both from academicians as well as the judiciary. However, the various provisions of the Civil Code remain a mystery for most people, be it academicians or legal fraternity in the rest of the country. The Supreme Court in a plethora of judgments has called upon the legislature to enact a uniform civil code for the country. The Constitution also exhorts the State to enact a uniform civil code for its citizens. This provision is however a directive principle of state policy and as such it is not perceived as mandatory thereby justifying the State inaction. The tiny State of Goa has an unparallel opportunity to lead by example and fill this lacuna. The Research Paper summarizes the law of divorce applicable to all Goans irrespective of religion or domicile. The Research Paper incorporates legislative provisions as well as judicial precedents. It is an attempt to present, clarify and analyze the law.

In this paper, the author is focusing on the new stance taken by the government on water conservation and critically analysing the role of Jal Shakti Ministry. While doing so the author outlines the history of water conservation and related bodies, authorities and ministries in our country. In doing so, the reader would be able to understand the vast history of such ministries in our country and how we reached to the point of the Jal Shakti Ministry. The reader would be able to see how the objectives and ways to tackle problems related to water have evolved over the years. The author would deal with issues regarding the functions, plans and vision of the ministry alongside the new dimension which has been given to issues related to water conservation. The authors would analyse how effective the change in approach has been, the issues which are left unanswered. While doing so, the author would point out the flaws in the Ministry and why they can prove to be an impediment to the ministry being able to achieve its goals

The administration of criminal justice remained generally unsatisfactory from the point of view of the victims of crime. The basic object of the Criminal Justice is to protect the society against crime and to punish the offender. However, Criminal Justice System does not show equal concern to the victims of crime, who have suffered loss or injury. It is flaw of our criminal law jurisprudence that victims of crime and the distress of their dependents of the victim do not attract the attention of law. In fact, the victim compensation is still the vanishing point of our criminal law. The remedies currently available under the law are limited, fragmented, uncoordinated and reactive. This is the lacunae in the system, which must be remedied by the legislature. The present paper attempts to examine and evaluate the law governing victim compensation in India and the criminal justice system. The paper also accentuates the need for inclusive law to provide assistance to crime victims

The researcher in the present project aims to analyze the present position on the access to medicine after the introduction of product patent regime in TRIPS agreement, an outcome of globalization, especially in context with the situation in developing and least developed countries. The provisions of TRIPS agreement had changed the whole intellectual property regime by setting the minimum standards of IPR protection. Under the TRIPS agreement, it introduced the product patent regime which grants the monopoly right to the holder of IPR on the product itself which significantly affected and raised the price of medicines in the pharmaceutical industry. It created a big obstacle for the accessibility of medicine in developing and least developed countries. Although various flexibilities are mentioned under TRIPS agreement which can be used in case of non-working of patent or non-availability or accessibility of patented product in the market but there are still many developing and least developed countries which don’t have access to essential medicines. Also, under Doha Declaration it obligates the member countries to take measures to ensure public health but the situation is still not pleasant in most of the developing and least developed countries. Some of these flexibilities are Compulsory licensing under Article 31, Article 31bis of TRIPS absorbed under Section 84-92A of the Patents Act, 1970 of India and Principle of Exhaustion under Article 6 of TRIPS allowing for parallel importation of medicines in case of regional and international exhaustion. Under the light of the above discussion the researcher will study the implications of the issue of access to medicine and imparting of justice to not only the patent holder but also to the general public not having access to it despite of the entire world being a global village because of which transfer of knowhow and medicines from one jurisdiction to other has become immensely smooth and easy. The researcher will also try to propose how harmoniously a balance can be adopted to resolve this issue thus ensuring justice to all the stakeholders. Key terms – Patent, Access to medicine, TRIPS.

Major milestone in providing right to speech and expression was achieved on 10th December 1948, when in Paris the United Nations proclaimed the Universal Declaration of Human Rights and whose Article 19 provides for, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers “ In India, there was no right to speech and expression up until the departure of British and birth of Constitution of India in 1949, the provision Article 19(1)(a) provides for, “All citizens shall have the right to freedom of speech and expression”. Freedom of speech and expression comes under purview of rule of law and works as a hallmark for the democracy. Without having the power to criticize the government or their policies, the main objective of democracy is violated. To ensure the survival of democracy and for the sake of all human beings to live a life worth living, each country in this world needs to provide its citizen with basic right to speech and expression. In this paper, the researcher’s main focus would be on the provisions provided under national and international law on implementation of Right to speech and expression

Crime and delinquency are not mere legal or moral problems, they are the manifestations of domestic neglect and social apathy. Modern psychological studies have provided new insights into the cause of aberrant behaviour and involved new ways of treating mental illness. The present research paper is based on empirical work. In this study the behaviour of delinquent juvenile is observed and studied by observational techniques, the interview and case-study method. The main object of this research paper is not only to explain the nature and concept of ‘Juvenile in Conflict with Law’ in theoretical aspect but also in practical aspect. As children are the future of any Country therefore, society expects them to grow as responsible citizens. The future well-being of the Nation depends upon the fact how the children grow and develop. The children require the protective umbrella of the society for better growth and development. Therefore, it the paramount obligation of the State to attend to the children to make them appropriate citizens of tomorrow. It is hoped that this research paper will be welcomed by all those for whom it is meant.

Marriage is a social institution which is always guided by religion. India is a land where there is unity without homogeneity and diversity without disintegration. The Constitution of India protects freedom of religious belief of the citizens. This protection is not unregulated. If any religious practice is not an essential and integral part of the religion, then judiciary can securitize whether it is violating any fundamental rights. This paper tries to analyse the nature of practice of polygamy by Muslim Community and tries to analyse whether such practice can be protected under the ambit of essential religious practice. The paper attempts to state international conventions on women rights which addresses the issue of polygamy.

In Vietnam today, the issue of transgender is gaining a lot of attention from society in large part because of movements, activities for the rights of homosexual, bisexual and transgender people. In particular, the fact that Vietnam's Civil Law 2015 regulates transgender in Article 37 has created a need to build and complete the legal basis for this activity. Determining the approach when formulating the law on transgender is an important issue especially in the context of a right-based approach (right-based approach) is a mainstream trend in the world. This article tries to clarify the current situation of gender change in Vietnam and propose some recommendations and solutions to improve the law on transgender in Vietnam today

The evolution of the Juvenile law in India can be traced back to the early 18th century. Over the years the journey to strengthen the juvenile justice has been positive though their outcomes and result has not been so encouraging. Crime by and against juveniles shows an increasing trend every year as evident from the yearly data of National Crime Record Bureau. The recently re-enacted Juvenile Justice (Care and Protection of Children) Act, 2015, which is a comprehensive legislation inter alia to provide for general principles of care and protection of children, procedures in case of children in need of care and protection and children in conflict with law intends to ensure proper care, protection, development, treatment and social re-integration of children in difficult circumstances by adopting a child-friendly approach keeping in view the best interest of the child in mind. From the earlier 70 sections, the JJ Act 2015 now has 112 sections. The Act seeks to provide greater clarity in the definition of Child Care Institutions and Children's Court. The Child Care Institutions in respect of children in conflict with law are the Observation Home, Special Home, Place of Safety and fit facility. For children in need of care and protection, Open Shelters, Children Home and Special Adoption Agencies have specific roles to play. The major task hence to strengthen the legislative and institutional capacity for juveniles ranges from developing a general understanding of adolescent development, the needs of juvenile, and the fundamental nature of these programs, to critically examining the research, evaluation, and data instruments they use

Biopiracy is playing a crucial role in the maintenance of biodiversity as biopiracy is a complex issue which consensus in the international community. The growing expansion of technology was pushed by developed countries to protect their technological knowledge and culminated in the adoption of minimum standards for patent law in the WTO TRIP'S Agreement. Efforts of the much weaker developing nations to address negative effects if IPR'S on developing countries and their biodiversity have been much less effective. The growing concern for the disappearance has resulted in adopting various legal instruments such as Convention on Biological Diversity, TRIP'S, Nagoya protocol, WTO, and so, but a mandatory disclosure could be used to monitor compliance with the CBD and remedy biopiracy .In this article a legal perspective has been gone through for an effective remedy to biopiracy from database genetic resources, traditional knowledge and private agreements

Access to information, like most other rights, is not an absolute right and it can be restricted in variety of instances such as for the purposes of protection of public interest. Beside the fact that Tanzanian access to information law limits certain information from public access for the purpose of protecting public interest, it is very important to know defects of this limitation and challenges posed by it. Thus, this paper examines provision(s) which provide public interest as a ground for disclosure or non-disclosure of information in Tanzania in order to see their effectiveness in promoting right to access information. The paper finds that, while public interest is a ground for refusal of disclosure of information, there is no definition of what is considered to be or not to be in the public interest in Tanzanian access to information law, leaving that to the discretion of the information holders approached. Consequently, the paper reveals that the Access to Information Act, 2016, lack important provision regarding public interest override which can guarantee disclosure of information if public interest so demands. The author concludes that there is the need for the parliament to amends the Access to Information Act, 2016, to include provision(s) which, among other things, will eliminate the aforementioned challenges

For a long time, the Indian judiciary has debated as to which rights should be included within the ambit of fundamental rights, particularly within the scope of Article 21, the right to life. It has already been established by previous judgments that life does not mean merely an animal existence – it should be a quality human life. In this paper, the inclusion of right to sleep within the ambit of right to life has been discussed, with special reference to the 2011 case of Re-Ramlila Maidan Incident Dt. 4/5.06.2011 vs Home Secretary and Ors. In this case, the police force brutally drove away the sleeping followers of Baba Ramdev at 1 a.m., which necessitated the discussion about sleep as a part and parcel of life. After the incident, the question arose as to whether the state should consider the sleep schedule of people as an important factor while administering justice, and to what extent. The police attempted to defend their actions by a number of legislations, such as, the Criminal Procedure Code and the Constitution of India itself, which imposes reasonable restrictions on the exercise of a person’s fundamental rights. The Supreme Court of India, in this case, embarked to decide upon the balance between the right to sleep of the people and the maintenance of peace by the state, and provided a landmark judgment. This research provides a thorough analysis of the facts and arguments of the case, along with the Court’s rationale behind the judgment. It also comprehensively discusses the various important features of the fundamental rights, with special reference to the right to sleep.

India is currently engaged in an unexpected and massive health crisis, battling potential economic and social risks as the country remains in lockdown due to the Covid-19 virus. At this juncture, the Apex Court’s role in supplementing government’s policies and acting in furtherance of reducing risk and exposure becomes pivotal. However, the same was recently made subject to a debate with respect to the court’s decision to make testing for the virus free of cost in the approved private laboratories. The decision comes under scrutiny, as it becomes another example of judicial overreach wherein the court occupied the executive’s domain as it re-created policy. In addition to violating the doctrine of separation of powers, the court’s directions to oblige private entities with the object of enforcing fundamental rights was blatantly contrary to the well-established rule that fundamental rights stand to be enforced only against the state. The article aims at analyzing the shortcomings of this decision including the impact it would have had economically as well as in terms of its effect on the fight against the novel virus had this order been allowed to sustain. The researcher shall also discuss the subsequent modification made in the order and how the same reflects poorly on the Supreme Court as it acknowledges with disconcert its own transgression. The article attempts to bring to light the pattern of unfortunate judicial supremacy in India and the impression it tends to create in the minds of the general public to the tune that every policy decision is accountable to the judiciary’s modification of the same even if it does not involve any legal question whatsoever

In India, the huge amount of the population is living below the poverty line, and the costs towards health protection are excessive which simply shows that there is a serious wellbeing emergency with inadequacy as for human services and the convenience, sensibleness, and availability of the medicines in India. Section 3(d) is an exclusive provision under the Indian Patent Law. It attains unbelievable stability between The Agreement on Trade Related Aspects of Intellectual Rights (TRIPS) command and obtains access to medicine for poor people. This has made India a leader in the pharmaceutical industry. The condition has without a doubt encountered a change after the TRIPS. The pharmaceutical patenting in India is of exclusive importance to the present issues of public wellbeing since the Indian market and the pharmaceutical firms are significant providers of the low-priced pharmaceutical items as conventional medicines. The issue of access to drugs has acknowledged worldwide measurements for a thousand years on account of India being a part of the Doha Declaration on the TRIPS Agreement and Public Health, 2001. With it’s established and increasingly export arranged pharmaceutical industry being acclaimed by common society awareness. India has been at the focal point of the worldwide access to medications campaign. The Indian business gave the campaign a financial spine by demonstrating that an elective pharmaceutical industry was attainable. The ongoing patent law decisions including that of the Supreme Court in the Novartis case, demonstrates that India keeps on placing a quality on public wellbeing in connection to pharmaceutical patent law judgments. Therefore we see that the pharmaceutical patents curb the conventional challenges and therefore increment costs, and are believed to be a noteworthy obstacle to access to medications in evolving nations.

The human cost of terrorism has been felt in virtually every corner of the globe. The United Nations family has itself suffered tragic human loss as a result of violent terrorist acts. This research paperwill specifically deals with various aspects about ‘Human Right and Terrorism’, which will include its meaning and scope of the topic underlined with various sub topics that include impact in the world and specifically in India due to the increasing fear within people around the world. Security of the individual is a basic human right and the protection of individuals is, accordingly, a fundamental obligation of Government. The paper will attempt to make a comprehensive study on the impact of Terrorism on culture and religion, how Modernisation and other factors are also affecting Quality of Human Right laws, how film industry is influencing thoughts of people globally on Human Right and increasing awareness and how media and Politics influence it. We will limit the time zone from 20thto 21st century with citing incidents from past that is reflected in current scenario too. The authors will make an ideology about morality and public behaviour and present a survey which would depict people’s perspective on “what are the effects of Human Rights on Terrorism.” With an aid of the relevant literature, scholarly articles and case laws pertinent to the topic of the research project, an in-depth understanding shall be cultivated. Any, conclusion arrived at shall be further by applicable cases, as the interpretation of various international organisations is also very essential to better understand the laws in play. The relevant facts and figures shall also give weight-age for the better understanding about this socio-legal nuisance. This research paper is a mixed research paper, with suggestions from author’s side and also includes the doctrinal and empirical research methodology on the given topic

Every Right around 27 years after the destruction of Ayodhya's Babri Masjid, and 69 years after the title suit regarding the contested land was first recorded, the Supreme Court at long last carried conclusion to, seemingly, Independent India's generally disputable and strictly polarizing case. In its consistent judgment, a five-judge Bench drove by the then CJI Ranjan Gogoi administered Nirmohi Akhada was not a shebait of Ram Lalla. It likewise decided that the 2.77-section of land contested land package had been involved in the sixteenth century to fabricate the mosque wrecked in 1992. In the wake of having inspected and expelled the proof of the post-free period, the ASI discoveries, travelogs, land and income records, the five-part seat of the Supreme Court takes a gander at some other proof to show up at a decision. The contested land was granted to the god Ram Lalla, one of the three prosecutors for the situation. The court guided the focal government to assign 5 sections of land of elective land to the Sunni Waqf Board in Ayodhya to construct a mosque.

Most women around the world have experienced sexual harassment, assault, and violence, or have at times been driven right into a zone where they knew it did not feel right. They have skilled the “same” moment, and yet for every of them it has been a exceptional second. For a few it become an “aha” moment; for a few the pain, emotional and physical, may additionally have been unbearable, lasting for days, months, or years. For others still, this moment needed to be deeply buried. It could not be spoken about due to its cultural and political context; it became identifiable but stripped of the strength that comes from naming. This moment of articulation and recognition can be shaped via girls’ age, sexual orientation, trans status, race, ethnicity, socioeconomic position, religion, by way of broader cultural practices, and by means of a remarkable many different formative experiences, gift and past. Me too has been in the news for many days in the world and that me too is lead to ism in which sexual assault allegation has been made against the accused to provide justice to survivors and this movement brings all injustice out from every working field or its also called out everyone who had gone to cross the limit of humanity. So, here I discuss what are the impacts of me too movement in India is it good or bad? So, yes its good as well as badly implemented and there is urgent need for gender justice for such issues of harassment at work place or anywhere in the world and most of the people think that this problem or crime is just stick to the film industry but this is not just limited to film industry but this has spread to various other industries as well and people also stated that the only women are suffering from this cause but the truth which cannot be denied i.e. men are also facing the same. This movement is not all about women needs change but this movement is all about we (includes men and women) which means men as well as needs change in the society and me to

The legislation which deals with Arbitration in India is the Arbitration and Conciliation Act, 1996, which has been amended by the Arbitration and Conciliation (Amendment) Act, 2015 and the Arbitration and Conciliation (Amendment) Act, 2019. The laws which governed arbitration in India before the Arbitration and Conciliation Act, 1996 were the Arbitration (Protocol and Convention) Act, 1937, the Indian Arbitration Act, 1940, and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration and Conciliation Act, 1996, has brought a watershed to streamline the Indian Arbitration Law and to permeate it with unrivalled global modus operandi. For the last ten years, a chain of judicial pronouncements and a number of amendments, have given a whirl to metamorphose our country into a robust hub for international as well as domestic arbitration. Our country has observed some productive legal reforms in the landscape of arbitration in the recent years. The amendments have tried to orient the arbitration regime of India with the significant arbitration regimes of other realms. Our country’s future as far as arbitration is concerned depends upon a number of factors, which include availability of arbitrators possessing profuse competence, quality, integrity and independence. Our country has been blessed with a great number of legal leading lights who can deal with labyrinthine matters concerned with arbitration, therefore, proper training and orientation will help us to produce masterly arbitrators which will prove substantial for the further development of the arbitration mechanism as far as India is concerned. The matters which are submitted to arbitration are usually numerous and diverse in nature, hence, it is in the fitness of things to have a bar which is specialised in arbitration and has not relocated from the conventional bar so that it can work effectively with the arbitral institutions in order to strengthen institutional arbitration in India which is yet not so popular in our country. Institutional arbitration has not been able to spread its wings in our country because the parties still prefer adhoc arbitration. The report by the High-Level Committee to Review the Institutionalisation of Arbitration Mechanism in India, constituted on 13th January, 2017, headed by Justice B.N. Srikrishna, Retired Judge, Supreme Court of India, had identified a number of factors for the limited success of institutional arbitration in India which are - lack of credible arbitral institutions, misconceptions relating to institutional arbitration, lack of governmental support for institutional arbitration, lack of legislative support for institutional arbitration, and judicial attitudes towards arbitration in general. Therefore, institutional arbitration in our country needs to propelled and evolved so that our country becomes a global hub of arbitration.

Since time immemorial, the idea of Legal Aid has been bolstered by recorded content substances wherein we have seen Empress of the antiquated Indian system Like Chandragupta Maurya and Akbar the incredible assimilate the idea of free lawful guide among their subjects during their standard. In Kautaliya’s Arthashastra we see the relevance of Legal Aid to be a prime impetus that the ruler accommodates its subjects particularly from me in reverse class that would incorporate ladies, youngsters and senior natives who are subjects in the kingdom. Legal Aid is only the apparatus to give no cost lawful administrations to the underestimated and abused society who can't bear the cost of the administrations of a backer for the direction of a lawful continuing in any court, council or before a judicial power. The preamble of the Indian Constitution secures all citizens the right which has been enshrined through the living document as social, economic and political justice. This par shall analyze the various intricacies of Legal Aid and especially the role that has been adopted by the judiciary in order to secure and provide free Legal Aid to all the citizens of India irrespective of any discrimination. The paper also shows the evolution of the concept of Legal Aid especially in Pre independent and Post independent era. This, in turn, helps us to understand the concept better and also help us point out the loopholes of its implementation.

Corporate social responsibility is a management concept whereby companies integrate social and environmental concerns in their business operations and interactions with their stakeholders. Even though the term CSR may be relatively new to India, but India has the world’s richest tradition of Corporate Social Responsibility (CSR). India has a deep-rooted culture of sharing and caring. This concept dates back to Mauryan history, wherein philosophers such as Kautilya stressed on ethical practices and principles while operating business and has travelled a chromatic journey and has now come down to become a statutory mandate for certain companies. This paper traces the journey of Corporate Social Responsibility from ancient medieval times to the Companies Act, 2013 along with the current status of CSR and the need for mandatory statutory provisions

International humanitarian law is a niche area, it is that branch of international law that is underdeveloped and is still under construction. This essay tries to focus the attention of its audience towards the meaning and importance of this emerging branch of law. International humanitarian law is contradictory in its subject matter; it is an oxymoron because a situation of war can never be humanitarian. The essay also explains the objectives and principles of International humanitarian law. The essay opens up with the origin and development of IHL, how it has opened doors for humanization of warfare followed by the history and birth of international committee of the Red Cross and the Red Crescent. Further the role of ICRC as the protector and guardian of international humanitarian law is also presented. The legal aspects of the Hague conventions and the Geneva conventions are discussed focusing on the rules framed and agreed upon by the states during warfare. The main aim of this piece of writing is to sensitize the readers towards the need of such law that governs the acts and conduct of sovereign states and the parties to the conflict in the worst situations like a battlefield. In the end it is left open to the audience to ponder upon how to make IHL a more effective branch of law

Most of the offenses against the body involve physical violence. But one of the most prevailing and growing offenses with the same gravity is cybercrime. In the digital era, information and communication technology is helping billions to build the gap between people. But we do not realize that the gap is becoming so thin that every person is becoming capable of stepping into another's shoe, infringing their privacy and even lowering the dignity of another. In such a case, women are most affected. Though they fall prey with various other offenses, "Violence online" affects them traumatically. This paper provides the study on cybercrime against women and laws governing them in the US, INDIA, and UK. The advancements in technology are intended to provide better living, but the same technology is being misused in various walks of life without any physical bounds. When this became a burning issue in India, various provisions were established in Penal provisions, Information Technology Act, 2000 and Privacy laws seeking protection to the victims. But these laws fail to meet the growing cybercrime rate. In a country like India, where the society looks down upon women, the laws prevailing does not sufficiently recognize these online crimes. This paper provides a descriptive case study in India to introspect the gaps between cybercrime against women and laws relating to the same. This paper aims to bring out the various types of cybercrimes and the reasons for the commissioning of these crimes are researched. Various cases are analysed to conclude. Suggestions as to the reforms required in the legal system to curb the rising criminals and changes in the attitude of the society towards the victim are discussed in the conclusion.

A well-known trademark is a popular mark, logo or a symbol that signifies a particular brand and it is the hard earned goodwill and reputation of a brand. A trademark becomes well-known based on the degree and duration of recognition which it receives in the market, the geographical area of recognition and the value associated with it. Registration and unauthorized usage of such a trademark leads to infringement of the trademark. Well-known trademarks are protected in most countries against marks which are considered to be a reproduction, imitation or translation of that mark only if they are likely to create confusion in the relevant market. “Protection of Well-Known Trademarks” is an emerging area and it was introduced only in the year 1999. A trademark is a unique sign or indicator used by an individual or a business to distinguish its goods or services from those of other goods or services. The provisions of well-known trademarks are incorporated in the Trade Marks Act, 1999. The main problem of the research is to find out how the court determines whether a brand has a well-known trademark or not, as the owners of such marks spend huge sum of money to build their reputation and maintain popularity in the market. This paper will find out when the dilution of trademarks occur. The aim of the research is also to examine about the protection of well-known trademarks in the jurisdiction of US and UK.

It is a historical fact that since the beginning of time women have been discriminated against in all the religions, however, there isn’t any logical basis for it. It was Manu Smriti, the first lawgiver, in India which allowed to beat women if she didn’t take consent of husband for doing certain things. Therefore, the concept of abuse of women has started from ancient India itself. The shocking point is that because of violence at home children are affected to a great extent, they become violent themselves in the future mimicking their factor when getting angry, further, destroying their families. Women must be encouraged to fight, not ignore the violence. Moreover, most important factor is that even after Government has enacted Domestic Violence Act, 2005, because of its poor implementation women aren’t able to avail justice or get away from such situations. The research article gives literature review, theoretical framework about domestic violence and then discusses child marriages & domestic violence, tries to give critical analysis of the Domestic Violence Act, 2005 which was enacted in order to curb the abuse, further, the paper tries to examine its implementation process in India and does data analysis of National Health and Family Survey reports on the Domestic Violence and provides summary of key findings and suggestions.

Since time immemorial, the idea of Legal Aid has been bolstered by recorded content substances wherein we have seen Empress of the antiquated Indian system Like Chandragupta Maurya and Akbar the incredible assimilate the idea of free lawful guide among their subjects during their standard. In Kautaliya’s Arthashastra we see the relevance of Legal Aid to be a prime impetus that the ruler accommodates its subjects particularly from me in reverse class that would incorporate ladies, youngsters and senior natives who are subjects in the kingdom. Legal Aid is only the apparatus to give no cost lawful administrations to the underestimated and abused society who can't bear the cost of the administrations of a backer for the direction of a lawful continuing in any court, council or before a judicial power. The preamble of the Indian Constitution secures all citizens the right which has been enshrined through the living document as social, economic and political justice. This par shall analyze the various intricacies of Legal Aid and especially the role that has been adopted by the judiciary in order to secure and provide free Legal Aid to all the citizens of India irrespective of any discrimination. The paper also shows the evolution of the concept of Legal Aid especially in Pre independent and Post independent era. This, in turn, helps us to understand the concept better and also help us point out the loopholes of its implementation.

The development of crime is as old as the dawn of human life, and some criminals are as brilliant as intellectuals. Advances in science and technology have long been used and abused. The investigative procedures of the past are hence no longer as effective, and there is a need for the inclusion of advanced procedures in the investigative pathway. Laws should change according to changes in society; so should their procedure and regulation when it comes to dealing with criminals. Justice cannot be rendered without proper evidence; there is an urgent need to obtain relevant information from an arrogant, aggressive, and uncooperative source to be used as evidence in a Court of Law. Police investigations often result in physical torture and coercion. Such inquiry becomes painful and inhumane; it can even develop into third-degree torture. Such techniques are only used for quick results but are examples of bad investigation. Any suspect will confess to almost anything to escape the pain of such torturous conditions. While every judicial system’s motive is to punish culprits without harming their dignity, older investigative techniques not only harm dignity but also result in the punishment of potentially innocent people as they sign off on whatever the investigating authorities may ask them to in a bid to escape the pain of torture. The Narco-Analysis test is one of the latest scientific development in the investigative procedure. It involves the recording of statements from suspects put into a sub-conscious stage by the administration of certain chemicals. They are rendered incapable of manipulating information and reveal what they know; this is a painless yet effective procedure. That said, it is often criticized by specialists in Constitutional Law; the Evidence Act of 1872 is also silent about this sort of investigative procedure. The objective of this research work is to learn how this procedure contradicts Article 20(3) of the Constitution of India, detail its effectiveness to act as evidence in a Court of Law, and present an analysis of its usefulness. Case laws will be used to better understand the concept and its viability and how it is viewed by the Indian Judiciary

Our whole system of conduct is based on our constitution and everything is supposed to work according to the guidelines and laws laid down by the constitution for its citizens. Therefore, the purpose of having a Constitution is to transform the society for the better and this objective is the fundamental pillar of transformative constitutionalism. It's evident that the Constitution transformed the relationship between an individual and a state, it laid down several codes and conduct to be followed by its citizens for the smooth running of a country. But the question is, is the constitution stagnant by nature? The article answers the question with reference to the recent landmark case of Indian Young Lawyers Assn. v. State of Kerala. The Article further explains what constitutional transformation actually means, its relevance in the present time and how it was referred to in many aspects of decision making. The concept of transformative constitutionalism, which is an actuality with regard to all Constitutions and particularly so with regard to the Indian Constitution, is, as a matter of fact, the ability of the Constitution to adapt and transform with the changing needs of the times. We can also see that in the post-independence India, many of the practices, rituals, taboos and gender-based inequalities have been variously brought down by progressive social reform movements, legislative developments, etc. Constitutional transformation as an ever evolving aspect and an unavoidable principle in the present scenario. It also critically analyses the Sabarimala Judgment, how the war of religion and prevalence of gender inequality in the society ended up creating a stir in the legal system of the country. Towards the end of the article, it would like to positively end by suggesting some outlook towards the aspect of Constitutional Transformation and how prominent is its role in the Indian legal system

Section Thirty of the Negotiable Instruments Act, 1881 defines the liability of the drawer wherein the drawer is required to compensate the holder of cheque in case of dishonour by the drawee. In this case, it is the drawer’s but not the drawee’s fault. Section Thirty-One of the Negotiable Instruments Act, 1881 defines the liability of the drawee wherein drawee is required to pay the obligated amount of money to the holder of cheque when there are sufficient funds in the drawer’s account applicable to the payment of the cheque. If the drawee fails to pay the requisite amount without any lawful justification, in this case, it is the drawee’s but not the drawer’s fault. The Supreme Court of India held that: “[I]n construing a statutory provision the first and foremost rule of construction is the literal construction. All that the Court has to see at the very outset is what does the provision say…The other rules of interpretation, for example, the mischief rule, purposive interpretation etc. can only be resorted to when the plain words of a statute are ambiguous or lead to no intelligible results or if read literally would nullify the very object of the statute. ” In other words, laws cannot be read literally because they are open to judicial interpretation due to the subjectivity of the cases that are brought before the Judiciary. Similarly, Section Thirty and Thirty-One of the Negotiable Instruments Act, 1881 is linked to various provisions majorly being Section Six, Seven, Eight, Thirty-Five, Eighty-Seven, Ninety-One, Ninety-Two, One Hundred Thirty-Eight and One Hundred Forty-One of the Negotiable Instruments Act, 1881. Liability of the drawer is subject to dishonor of cheque. Dishonor of cheques as mentioned in Section 138 of the Negotiable Instruments Act, 1881 is due to insufficient funds in the drawer’s account or due to the amount mentioned in the cheque exceeds the amount that can be paid by the bank under an arrangement between the bank and the drawer of the cheque. However, there are also other reasons for dishonor of cheques - Account Closed, Stop Payment Instructions, Refer to Drawer and Not A Clearing Member - that are not explicitly mentioned. The need for the present study is the fact that these intricacies of the Negotiable Instruments Act, 1881 are not widely available in academia, and the author aims to consolidate such interpretations clubbed along with his interpretation and make it available to the wider mass.

Aim: To bring more awareness about marital rape in the society in order to make women more vocal about it, exposing the extent of damage that a marital rape can do on a woman’s physical and mental health at last why new laws should be made regarding marital rape. All over the history there is prevalent ideology that man own women, women can’t revoke man’s will and there is an “implied consent” once they are married. it’s a shame that women were treated as objects with no individuality. Rape is just not an intercourse without consent, its stealing and rupturing a women’s dignity which might even leave an unhealable scar on her soul. rape is as gruesome as murder or even more, the amount of trauma the women has to go through after the rape is immeasurable, no man can put it in words. When such trauma, pain and agony is caused by a man she shares her life with is unspeakable evil. A rape is a rape no matter it is committed by whom. The worst part of the marital rape is the women are going to be raped again and again, most of the men use coercion, use force, for torment them for having sex, the thing called consent doesn’t exist to them, marital rape is not only limited to the vaginal rape, oral and anal are also a part of it. In the world scenario, New Zealand, Albania, Tunisia, china, Taiwan, united kingdom,Denmark, Hong Kong, united states, Algeria, Belgium, Ireland, Mauritania, Norway,Indonesia, turkey, Thailand, Mauritius, Africa, Scotland, Australia, France, south Africa, Italy, Philippines, Sweden, japan, Germany, Canada have criminalized marital rape and not only made special provisions for marital rape but also distinguished marital rape from rape. More than 100 countries recognized marital rape as an offence violating human rights. But sadly, India is not one of these countries. There are many legislations for protection of women, and safeguarding women’s rights but Indian judiciary and government is overlooking the most deep-rooted and complex issue of marital rape which is probably the most common crime committed and criminals are roaming free hence the “privileged crime”. Marital rape is still a taboo in Indian society, where it is linked with culture, prestige of family, society. Many people even refuse to speak about it. Marital rape is one most gruesome and traumatic experiences once can go through. Everyday many women go through this and are not able to do anything about it though it is proving detrimental to their mental and physical health. We as citizens of India have to bring awareness about marital rape and make women comfortable to speak openly it. We should try to educate women who are especially not aware of their rights. We as citizens should be vocal about what kind of true evil marital rape is and educate men that it’s not okay to force himself on his wife. It’s not just about women non criminalization of marital rape is promoting the toxic ideology that men are owners of women’s bodies, women’s consent doesn’t have any value, men are superior to women, they can be rapists to their wives and walk free. These are the ideologies we are going to pass on to our younger generations we don’t act on the issue of marital rape. Judiciary should make new laws and send a message that marital rape is not okay, it is as gruesome as rape and it will be punished in the same manner that rape is punished and a women’s consent is the priority, nothing should be detrimental either to her physical or mental health.

India currently is in its prime phase in terms of growth in the e- commerce sector and is a very crucial expansion market of the American e- commerce giant, Amazon. Hence, the author aims to examine the current regulations governing ecommerce in the country, specifically the newly introduced guidelines by the government in the Foreign Direct Investment policy, 2018 and how the new set of regulations have affected the online markets of massive businesses, such as Amazon and Flipkart. These two e- commerce giants are the two major variables taken into consideration as they encapsulate the issues and challenges faced by e- commerce businesses in conducting their business in compliance with current internet regulations. This circular by the Indian government placed an effective ban on Amazon and its local competitor, Flipkart from conducting the sale of products from companies in which they have an equity stake, such as in case of Amazon which has massive equity stake in Cloudtail. Therefore, it is pertinent to underline as to how these changes might affect the core business models of these e-commerce entities, this being the overall research goal of this paper. This paper is based on a doctrinal research methodology and is analytical as well because this is an extensive study on present day examples of businesses that have been benefited or have been affected by the current regulations on e- commerce in India. The author also underlines the various challenges that may arise through electronic data interchange, disputes that cover B2C segment and Copyright and data protection issues and gives solutions for the same. The lacunae of this paper is that it only deals with the relevant challenges faced by only two e commerce businesses i.e., Amazon and Flipkart in the Indian Scenario and its scope is limited to the new rules and regulations introduced by the FDA on e- commerce in India. References have been made to the old laws governing the framework in order to measure and compare the actual outputs, difficulties and challenges of the e- commerce sector

The paper is an attempt to trace and analyze the practice of submitting evidence and documents by way of a sealed cover. The paper also puts forth the effects that the said practice has had on the rights of the accused and also sheds light on the effect of the said practice on the public faith in the judicial system, through the lens of decided cases both recent and old.

Analysing and the interpreting the famous case .This case has various points and matters to talk about and everybody’s point of view of commenting on a case can be different .This case has two major parties and different perspective from both the side .This case commentary module will focus on the famous Arushi Talwar case hereinafter named as Aruna and parents named as Dinesh couple. The commentary will raise several issues and comment on that particular subject. Focusing on the evidences and judicial proceedings on part of the parents and trying to throw light on the valid or invalid allegation’s raised on the dinesh couple. Validating the possible grounds for acquittal of the parents .And analysing whether The allegation‘s raised where correct or wrong .After having a study on the particular aspect of Circumstantial evidence and correlating it with That of the present case there are several questions that raised such as Whether a person can be made liable only on the grounds of circumstantial evidence? Whether without proper proof of sufficiency a person can be convicted? Whether without substantial evidence a person can be made liable? Whether case can be merely based on reasonable doubt? Whether without establishing mensrea a person can be made liable? Aim is to answer all questions raised related to circumstantial evidence.

“One awful night a starving traveller knocks the door, when its opened looks around.....he or she is warmly welcomed and then what now remains is a house held in silence” fear finds its dwelling in every heart when crimes fasten themselves, a criminal affecting the society has his own identification distinct of the society. An identification of a criminal personality is key to reroute the mind of a criminal which is enclosed by his own fantasies. Criminal psychology is a subject that revolves around mental faculties of crime and helps to curb the same. Long from the time we have lived murderers persist and when one successfully comprehends the reason for such murders they can be eradicated, among such perpetrators are serial killers who plan, attack and murder. To combat such dangerous killers one has to dig deep into their mind, which reveals all and provides settlement to the issue. Today thereby investigations are lead by forensic or criminal psychologists who aid and assist the public officers to track down the criminal by chalking out profiles of them; these are used in every stage to locate any future crimes. From its emergence psychology has categorized murderers on the basis of their actions which forms a lead every times its modified, the significance of psychology can be better inferred by the existence of man himself as one is what his/her mind reflects.

“To espouse an alliance between law and science is to advocate solution of a fundamental dilemma: Science cannot resolve the legal conflicts it engenders, and law cannot understand scientifically its own method.” – Thomas Crowen Today, virtually every crime has an electronic component in terms of computers and electronic technology being used to facilitate the crime. Computers used in crimes may contain a host of evidence related to the crime, whether it is a conventional crime or a terrorist act. In light of this, judicial officers should not become complacent with individuals or their environment simply because the crime may involve a computer. Judiciary should provide assurance to litigants, empowerment to law enforcement agencies and deterrence to criminals. The law should be stringent as its enforcement. The influence of electronic media has been spread over all branches of society including law and the judiciary. Maintaining the integrity of electronic evidence throughout the process of investigation and trial presents different problems (from the handling of traditional physical or documentary evidence), that are not posed by their physical counterparts. Electronic data is easy to create, copy, alter, destroy, and transfer from one medium to another. In short, by their very nature, electronic records can be easily manipulated. Consequently, their accuracy and reliability are frequently suspected. This creates a conflict between the relevancy and admissibility of electronic evidence, an issue that has been acknowledged by jurisdictions across the world." This article seeks to gauge the development in the attitude of the court to modernize Indian evidentiary practices and help our courts deal with the advances in technology by analysing and critiquing the landmark apex court judgement of Shafhi Mohammad v. The State of Himachal Pradesh, decided by a division bench comprising of Hon’ble Justice U.U Lalit and Hon’ble Justice A.K. Goel by stating the facts as it is in the first segment, followed by the relevant laws and rules used by the court to conclude the judgement in the succeeding segment and finally stating the judgement and author’s critical analysis along with the conclusion in the final segment

The recent outbreak of COVID-19 has a devastating impact on mankind and countries globally, its outreach has also affected the trade, business and commerce of the nations. The rapid spread of the pandemic has made the Governments take eminent and vital steps to save the community along with saving the economy of the country. Amidst such policies, India took a decisive move of complete lockdown of the country which has led to disruption and closure of industries and businesses. Consequently, it has impacted the performance of contracts and obligations entered by the parties. This has endeavored to demystify the concept of Force Majeure in the commercial contracts. The current Research Paper analyses the applicability of ‘Force majeure’ clause incorporated in commercial contracts during the current pandemic outbreak of COVID-19. It further evaluates the contracts which do not have such clause and the consequences on the business transactions thereof. Lastly, the extent of limitation period of a contract is also critically analyzed

Inconsistency, ambiguity or conflict between provisions of different statute creates an arena of confusion and opens the door for judicial interpretation on overlapping provisions. Sententia legis or logical interpretation calls for the comparison of the statute with other statutes and with the whole system of law in addition to the consideration of the terms and circumstances in which the statute was passed. In contemplation of the above-mentioned maxim, the intention of legislature acts as a benchmark for clarifying the inconsistency and differentiating between two statutes as a special statute/local statute and general statute. Firstly, the intention of legislature is reflected in its object which is based on historical facts and the need of immediate remedy; secondly, on the language used in its clauses. In the instant research, PMLA, 2002 is a statute which has a commonality of subject-matter with Cr.PC, 1973 and authorities under the act have been arbitrarily using the provisions of Cr.PC in the cases related to money-laundering. Thereof, I would like to analyse certain provisions of both the statues with various principles of interpretation of statutes in the light of judicial pronouncements as to conclude whether PMLA prevails over Cr.PC or not

The Online Curated Content Providers have transformed the Indian society and witnessed a shift from cable operators to these platforms to watch their desired content. However, these platforms are completely different from the existing platforms in numerous ways and thus, the existing the provisions regarding censorship in the country fail to full govern these online providers. This has led to multiple litigations with respect to regulating these platforms somehow due to the controversial content being uploaded by them. Hence, the lack of a specific legislation has created ambiguity with regulation of these platforms. This led to the adoption of a Self-Regulation model by the OCCP. However, there was still discontent after this and this led to the Supreme Court directing the Centre to issue guidelines for the regulations of these online platforms. This paper aims to address the loopholes within the Indian framework with respect to the laws regarding regulation of these online platforms and provide suitable suggestions to overcome this challenge by analyzing the policies and legislation of foreign countries

This article will provide a detailed understanding of the current scenario of the changing trends of competition in the Indian economy. The authors launch into the article by giving a brief introduction to the role of digitalization and updated technology and their effect on the competition in various markets. Competition is a dynamic concept and is subject to different interpretations. There is an emphasis placed on the Competition Laws of India and the OECD (Organisation for Economic Co-operation and Development) principles to provide for a better understanding of the reader. This article further dwells into the challenges that are faced in promoting healthy competition in a digital economy. This is followed by a brief on the method of regulating competition in market structures and other policy measures in casting a positive effect on competition in the digital economy. The authors have then outlined the challenges faced by developing countries and probable responses and remedies. Finally, the authors conclude by stating how the promotion of competition in developing countries such as Germany and the European Commission are already leading the way to it and the effectiveness of their administration.

Embodiment of sound life and development lies in concordance among man and condition. With the overall developing concerns in regards to our living condition, ISO 14001 is perceived increasingly more as an association's elevated level pledge to natural insurance. It was first given in 1996 to fulfil the market needs and give business an administration framework standard that requests top-level responsibility to authoritative consistence, contamination anticipation and constant improvement that can be freely confirmed through certify accreditation. The standard is generally perceived as a “non-exclusive ecological administration framework standard” which can be applied to any association, enormous or little, whatever its item or administration, in any division of movement, and whether it is a business endeavour, open organization or government office. A natural administration framework (EMS) in light of ISO 14000 benchmarks is an administration device empowering an association of any size or type to control the effects of its exercises, items or administrations on the earth. As per latest reports, there are 14,000 organizations overall ensured to ISO 14000. Of these, the dominant part are in Japan, trailed by Germany, UK, Sweden, Taiwan, USA, Netherlands, Korea, Switzerland and France. In modern division the most elevated quantities of authentications were in the electrical and optical hardware segments followed by the synthetic substances, compound items and fibre areas. As world market pressures are driving universally and locally contending organizations to comprehend the expenses and advantages of their items and administrations, the deliberate methodology of EMS can prompt advantages like diminished expense of waste administration; reserve funds in utilization of vitality and materials; lower conveyance costs; improved corporate picture controllers, clients and general society, and a system for nonstop improvement of ecological execution

Capital punishment or commonly known as ‘death penalty or death sentence’ is awarded for capital offences like murder or multiple murders, rape or for any other offence where there is provision of death sentence prescribed in the law. The basic argument for awarding death penalty is the theory of retributive justice. This theory embarks upon that the person who has committed such a grave offence he must also suffer the same fate. Death penalty is awarded to create a deterrent effect on society so that the people fear the consequences of the offence. In this research paper the author will discuss about the constitutional validity of death penalty and the recent trends about death penalty through various case laws and the opinions of eminent jurists and Hon’ble Judges and in the end would like to conclude with recommendations about constitutional validity of death penalty

Agriculture has been, and perhaps will remain one of the key issues in the world trading forum, and even more so in the Indian context. To understand these sensitivities fully, including India’s emphasis on self-sufficiency, it is important to keep in mind India’s past trends of extreme shortage of food that the country faced in the mid 1900s. It was only the success of the ‘Green Revolution’ that helped India overcome its dependence on food aid. India once again stands in the horizon of shortage of one such precious staple: the onion. This article critically analysis the current crisis in terms of causes and effects of scarcity of this particular resource. The information used includes both laws of International caliber and Indian legislatures along with their inter-relation to stop the crisis. The study further examines how the Indian government corroborated these laws in order to effectively put an end to the onion crisis of 2019.

The following article gives an insight to the concept of Divorce by Mutual Consent under Hindu Law with reference to a landmark judgment of Hitesh Bhatnagar v. Deepa Bahtnagar decided by the Apex Court. The author tries to highlight the sanctity of marriage under Hindu Law and how the court shall use its Power under Article 142 of the Constitution to allow complete justice departing from the strict interpretation of statutory provisions. However the author further identifies some grey areas in the law point and tries to fill the gaps by offering some recommendations which gives an opportunity to research on those specific points

Kelsen took this argument very seriously. He observed that the actions and events that constitute, say, the enactment of a law, are all within the sphere of what “is” the case, they are all within the sphere of actions and events that take place in the world. The law, or legal norms, are within the sphere of “ought”, they are norms that purport to guide conduct. Thus, to get an “ought” type of conclusion from a set of “is” premises, one must point to some “ought” premise in the background, an “ought” that confers the normative meaning on the relevant type of “is”. Since the actual, legal, chain of validity comes to an end, we inevitably reach a point where the “ought” has to be presupposed, and this is the presupposition of the basic norm. The author will discuss the applicability of the 'Grundnorm' of Kelsen in today's scenario.

As new technologies and innovations emerge, there has also been a shocking rise in crime around the world and cybercrime is now one of the most vulnerable crimes. The cyberspace is taken up by a new form of crime which involves repeated attempts by one person to reach another, causing that person a sensation of threat in his or her mind. This emerging crime is commonly referred to as cyber stalking. India too is no exception in this paradigm of cyber crime. This crime have created new issues and challenges for the detection, and prevention of such crimes as it is inadequate to just use the traditional methods such as identification by witnesses and enforcing restraining orders. In this crime of cyber stalking, cyber stalker disguise themselves using the internet without the fear of any consequence and target victims. This paper examines cyber stalking as an example of a crime that is simultaneously both amenable to, and resistant of, traditional forms of legislation, depending upon the way in which the possibilities of the Internet are exploited. The paper attempts to define cyber stalking first and then explains different manners of stalking. There is a distinction made between cyber stalking and offline stalking. The more focus has been laid down on Indian legislative framework regarding cyber stalking and drawbacks concerned to it. The constitutional framework with respect to cyber stalking has also been discussed. In the latter part, the paper attempts to suggest measures to prevent the crime and deal with cyber stalkers

Reservation to an international treaty means a unilateral statement made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. Human rights treaties do not regulate the relations between states, but guarantee the rights of individuals with regard to the state. A treaty of such a nature should be set out without the interventions or interruptions of the States. Use of reservation in human rights treaties are seen by human rights activists, as a disturbance to the actual purpose and motive of the treaties as the Vienna Convention on the Law of Treaties continues to govern the matters of reservations to human rights treaties and the fundamental rule remains that a reservation cannot be incompatible with the object and purpose of a treaty. Reservation also makes human rights treaties interdependent in nature as the states interpret the treaties with their own laws and create certain restrictions and modifications in the treaties which spoil the actual essence and purpose of the treaty and it remains without serving any much good to the people. This research paper will basically answer the question as to what extent states can validly make reservations to human rights treaties. This paper tries to address the following questions such as what is the reason for providing reservations in international conventions, how do these reservations make the treaties weak in the light of human rights treaties, how to protect the treaties from getting influenced by different states.

Freedom of speech and expression are natural rights and are the very first condition of liberty. Freedom of speech and expression are the most essential feature of a truly democratic country. The freedom of speech and expression form the basis of criticism as well as intermingling of ideas and beliefs. Therefore, in the modern times freedom of speech and expression is the very basis of free society and must be safeguarded at all times. But the freedom of speech and expression must be used with vigour so that it does not hurt the emotions of any other citizen and each and every citizen should be sensitive towards the emotions of other citizens in a democratic society. It is at this juncture of time that we need to strike a line between freedom of speech and expression and the hate speeches delivered by politicians and the media houses. Even at a time when a pandemic has hit the whole world politicians are busy making hate speeches, a hate speech is any way of communication in writing, speech or behaviour that attacks or uses discriminatory language against a person or a group of people on the basis of who they are, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor. Thus, there is an urgent need to strengthen hate speech laws so that there is a restriction on hate speeches and also there is a need for providing awareness among the people so that they don’t fall prey to these speeches

Through this article, the authors propose the idea of excluding the “creamy layer” among the Schedule Caste/Schedule Tribes (SC/ST) from reservation in education, employment and promotion. Backwardness, though equated only with caste, the authors have rationalized it to be a much bigger concept inclusive of economic status. The creamy layer, that we propose in this article, needs to be adequately determined on the basis of economic indicators which can be achieved through a detailed survey given the abysmal lack of data on caste and socio-economic backwardness. In the light of Jarnail Singh v. Lachhmi Narain Gupta, the Hon’ble Supreme Court of India has extended the applicability of creamy layer exclusion to the SC and ST categories but on the basis of social indicators like untouchability and backwardness only, which is yet to be implemented in the country. By means of this article, the authors argue that it is the economic status that should be the intelligible differentia excluding the creamy layer by applying the doctrine of reasonable classification. The social justice that the country seeks to achieve can never be achieved if the creamy layer, that includes the economically forward and socially empowered, are not excluded from availing reservation benefits thereby disallowing the same to percolate down to the actually deserving. Empowerment of the already empowered is nothing short of fraud on the Constitution.

The Democratic form of government is the most considerable form of government globally. Most of the nations across the world adhere to the democratic form. Democracy is not the platform that is prevailing independently but with the strengthening of the pillars on which this platform is upstanding. Those pillars encompass the JUDICIAL, EXECUTIVE and LEGISLATIVE body of the government. The complications emanate when these pillars are not imparted with akin strength and pinnacle. There prevail numerous cases and controversies among the pillars of Democracy i.e., the JUDICIARY and PARLIAMENT (including both executive and legislation) which allude to the nullification of the core idea of Democracy in the context of India which is one of the largest Democracy, globally. The paper on a major basis will be comprised of such cases where either the Judiciary overpowered Parliament with its decisions or Parliament did the same while exercising their powers or duties. Also, the infamous doctrines and concepts such as the Doctrine of Separation of Powers, Judicial Activism, etc. in regards to the same will also be discussed. The concluding part of the paper will be comprised of the critical comment on whether there is a necessity of overpowering the roles of the pillars of Democracy and does it nullifies the idea of Democracy.

Iberian Peninsula, Catalonia until the early 18th century enjoyed a great deal of autonomy and is today designated as a nationality and is governed by its Statute of Autonomy provided by the Spanish Constitution. Catalonia is in news since the controversial independence referendum that was held on 1 October, 2017 which made headlines all across the globe. Catalans have a rich history and a culture of their own which differs a great deal from that of the mainland Spaniards. The Catalan independence movement is based on ‘Right to decide’ of Catalan citizens to be regarded as a nation-state and to form a separate republic, a demand which draws inspiration from Article 1 of the International Covenant on Civil and Political Rights which mentions the principle of ‘Right to Self-Determination’. This paper aims at providing an overview into the roots of modern Catalan nationalism which dates back to Franco’s dictatorship. This paper also attempts at offering an analysis of the issues behind this drastic shift in demand for secession from the autonomous status the region hitherto enjoyed, which are largely motivated by cultural considerations.

Economic crisis is the major disastrous situation which turns the position of a country upside down. Every country at any situation shall face this issue, in this paper it elaborates a detailed study of economic growth, reason behind economic crisis in India and what are the sectors which are been affected due this economic crisis. It also deals about the implementation of policy in the India for the well being of the people and the benefits acquired by the citizens when the policy is been implemented. Economic is the major weapon of a country to improve their position and standard and also to develop their country among others. This study consolidates about the problems faced by the sectors during the economic crisis and how far the implementation of policy has been worked in it

The Universal Periodic Review (UPR) process involves a cyclical peer review of a State’s fulfilment of its human rights obligations under various international humanitarian law instruments ratified by the State. This review consists of three reports with large disparities apparent between the information submitted by the National Report and the realities noted by stakeholders and other peer nations. The paper undertakes an empirical study of India’s UPR submissions on its economic, social, and cultural obligations through its policies on education, health, housing, and sanitation and drinking water, and food security sectors. The paper thereby assesses the reports juxtaposed against the various Working Group recommendations to analyse their implementation patterns and gaps within the State over the span of ten years. While it seems that the Stakeholders have been active in recognizing the rights of groups suffering from lack of resources, the State under Review and the Working Group have been dormant in this regard. The Reports rarely recognised the intersectionality between the objectives of education, housing, food, water, and health and their inaccessibility to these special groups, thus adopting a myopic approach ignoring the groups that suffer from multiple disabilities in accessing to these resources. The paper concludes that although the recommendations rarely fructify, India has been widely lauded for its policies within these sectors.

This paper elucidates one of the most discussed and debated offshoots of Administrative Law regime, that is, the establishment of the institution of Ombudsman. This paper is a result of secondary research methodology. This has been the topic of debate since India gained independence from the British rule. It is a well-established fact that countries like India need the backing support in its administrative set-up, the support that can very well be achieved by through the establishment of Ombudsman. Lokpal and Lokayuktas paved their way to the forefront as India’s Ombudsmen. But it has been conclusively settled that the various shortcomings of the administrative wing of the government have prevented the concrete establishment of Lokpal and Lokayuktas. Except for illuminating the minds of the readers with the its origin and development in India, this paper also explicitly explains the role and need of Lokpal and Lokayuktas. This paper aims to analyze the development of the concept of Ombudsman in other countries with respect to the various intricacies involved in its establishment as a concept and development as an institution. The purpose of this paper is to figure out whether there are any inadequacies in the current administrative system with respect to the establishment of Lokpal as a control mechanism and how can they be rectified for the purpose of successfully appointing Ombudsman. It also throws some light on the difference in the administrative wing of India and countries like US and UK. This paper not only critically analyses the trends that lead to the inefficiency of the current administrative order but it also interprets the solutions given by various jurists in this regard

Arbitration is a process which is often used globally to settle disputes in the international arena; because it is a private practice outside the public eye with experts as judges and results in an award that is relatively easier to enforce than court decisions, it can be the most effective way to settle foreign disputes. In order to be eligible to begin arbitral proceedings instead of prosecution, the only provision for this is an agreement between two or more parties and when a conflict occurs later in which a non-signatory third party is so involved with the conflict that it appears unlikely or perhaps even futile to settle it without third party being part of the proceedings, he cannot legally participate in the arbitration proceedings.If such an issue is at hand, or if a third party itself wishes to invoke arbitration against one of the signatories, the courts and arbitral tribunals have established procedures by which third parties can be bound by an arbitration agreement with their express consent. The previously so relevant notion of consent in arbitration has increasingly been replaced by the consideration of efficiency and fairness with regard to third parties. Thereof, in this research paper an attempt has been made to justify the link between two doctrines i.e. ‘Group of Companies’ and ‘Piercing of Corporate Veil’ as well as its implication,Pre and Postamendment. The paper analyses various modes through which a non-signatory party can be made binding in an arbitration agreement. This paper would be also dealing with the applicability of these two doctrines in domestic arbitration. Further, this paper would be concluding with the process and meaning of party autonomy in context of third party and as a consequence the development of the doctrine of‘Corporate Veil piercing’ and the doctrine of ‘Group of Companies’

The present paper is aimed at explaining the concept of “Uniform Civil Code towards Gender Justice”. A civil code may be a set of laws which governs the rights concerning to property also as in personal matters like divorce, marriage, adoption, inheritance etc. Article 44 of the Indian Constitution mandates implementation of uniform civil laws for personal laws. While the enactment of this civil code is restricted by virtue of it being a non-binding Directive Principle of State Policy and the jealous resistance of critics who cite the compromise of religious identities of minorities. This leads to overlooking objectivity and pragmatism during fervent deliberations on the code. The main issue of securing justice and equality to women is getting confined in many other recent issues like religion, secularism and freedom. However, gender issues in this respect required to be addressed more seriously. Though the Indian Judiciary has also done a lot but it is ground reality that there are some restriction on judiciary and it can’t take over the functions of other organs of the state. This paper is an attempt to co-relate the question of gender justice and equality to the issue of the adoption of uniform civil code, its need and relevance for enactment throughout the territory of India

India has experienced many precedents of what is referred to as hate crime or communal violence since independence. This communal violence has badly affected India’s religious minorities like muslims, Sikhs and Christians. This type of violence is mainly for used for social, economic and political gains. This type of violence is frequently met with mobs and in certain cases direct collaboration with state actors, ranging from exhorting violence through hate speech and denying to properly investigate the incidents after they have occurred. It follows that communal violence further exhorting the disparage of those affected and to those who face high levels of uncertainty alongside merger access to justice. These minorities have long been the target of different types of persecution such as threats, hate crimes, forced conversions and attacks on places of worship. Although in recent years there has been rise in incidents of communal violence against India’s religious minorities. Threats, hate speech and a wave of attacks around cow slaughter have particularly targeted muslims as well as to people who belongs to lower castes. Now a days, this violence has led to greater fear amongst religious minorities in particular muslims. Also christians have recently faced communal violence at the hands of mob who have attacked churches with false claims of forced conversion; reports of some minor cases of violence against sikhs community have recently emerged as well.

In this research paper, an emphasis will be laid upon the role of promoters in the incorporation of a company. The research paper will also deal with the scope of promoters, that is to say, who can be a promoter. The duties that a promoter owes to the company shall be discussed in the paper and also the right and liabilities of a promoter towards the company shall be discussed. An analysis of the relevant judgments shall be made for the purpose of clear understanding of the research topic. Position worldwide of the promoters will also be analysed by comparing the Company Law in India with the Company Law in other countries.

In the era of modernisation and technological evolution, corporate criminal liability has emerged as an area that needs a definite determination. A huge outrage in malfeasance on the part of large corporations, and the difficulty in attributing ‘mens rea’ to an artificial person like a company, has resulted in great lacunas in contemporary criminal law. Even where this is overcome by treating corporations as ‘natural person’ for the purpose of the criminal act, limitations like no deterrence value by means of punishment prove to be challenging. This paper seeks to explore the role of corporations in economic crime and answer the question as to whether a corporation can vicariously be held liable for the actions of its employees and agents, especially when both the corporation and its shareholders materially profit from the criminal act. This question regarding the criminal liability of corporations opens doors to an extensive interpretation of corporate responsibility. The paper propounds upon the various theories on corporate criminal liability applicable worldwide. The paper seeks to show the transformation in the sphere of corporate criminal liability by elaborating upon judicial precedents over the course of time

The book reviewed is “The Verdict Decoding Indian Elections” is based on the polls dating back to 11th April to 19th May 2019. The counting for the election began from 23rd may and the results were declared shortly after the counting was over. In this book “The Verdict Decoding Indian Elections” by India’s prime psychologist Prannoy Roy and renowned marketing researcher and expert Dorab R. Sopariwala some key features like the phases of Indian elections, the rise of women and young voters and the impact of low turnouts have been covered This book is a seminal contribution to the empirical analysis of Indian elections. Using data and statistics, present surprising new insights and trends about the changes in Indian electoral democracy. It also tries to decode India’s elections in as simple a way as possible in order to provide a greater understanding of the underpinnings of our electoral system and to examine the many variables that determine ‘the verdict’ of the Indian voter. This final part takes only a few extracts from this book to highlight some key signals, indicators, and trends to look out for while tracking this big election, from the beginning of the campaign till the result on the final day of counting. Further there is descriptive data about the demography of each and every state and the heterogeneous culture in India and the credibility of polling by explaining and comparing past elections with the present ones. This book is not only based on the Indian perspective of elections but compares concepts like ‘voter suppression’ with that of the United States. The book mostly points out the estimated features of elections in India stressing more on quantitative analysis, the debate in the book shifts from the aspects of subtle distinction of voting behavior dealing impact of economics and identity politics

The global sports sector is on a rise and is provided various business huge platform for growth. It is not only a leisure activity but has become an opportunity for investments and commercialization. Big businesses and investment houses are growing rapidly due to investments in various sport franchises. The commercialization of sports has led to a need of a proper governance and regulatory mechanism, especially in the field of Intellectual Property and Media. Along with a huge commercial prospect of the sports, a need for their protection cannot be neglected.

Article 370 and matters relating to Kashmir have ever since independence itself held paramount importance in the country and its functioning. There have been controversies surrounding the article since the instrument of accession came into effect itself in 1947. Numerous views have been put forth about its advantages, disadvantages and whether it should continue to exist after 72 years after independence. There have been debates, meetings and controversies surrounding Article 370, but no action had been taken. This was until now. On 6th August 2019, the BJP government proposed a bill in the parliament for abrogation of article 370 and a bifurcation of the state of Jammu Kashmir and Ladakh into two union territories. The bill was passed by both the houses with a majority. Firstly, this paper will be focusing on how the history of Article 370 came into being, what exactly it states and analyzing the provisions under it. Secondly, this paper will be drawing out a logical conclusion on whether abrogation of article 370 was the right and logical thing to do. Thirdly, this paper will be dealing with the legal implications of removing the “special status” granted to Jammu and Kashmir and how it affects the current legal view and a few previous major landmark cases. Lastly, the author of the paper will conduct primary and secondary research on the current opinion of people on the scrapping of the article and record their views and beliefs

The Supreme court of India through several judgements has propounded Right to clean environment as a Fundamental Right. Environmental pollution is a menace to our society, one of the major contributors to this hazardous pool is the pharmaceutical industry. The rise in the population, patients, healthcare facilities and extensive research and production of medicines has resulted to an exponential increase in the volume of the waste. The lack of management and implementation of the law has made the situation even worse. For effective management of the waste it is important that there is government support, finance, infrastructure, well equipped healthcare facilities, educated healthcare workers and strong regulatory bodies. In the ensuing discussions in the paper, the authors will elaborate upon the legal framework of the Bio-medical Waste Management Rules and its implementations amidst the Corona Virus outbreak in India. Further the authors would highlight the response of the judiciary and the significant international convention pertaining to the issue at hand. The paper argues that there has been a lack of implementation of the law and, that the bio-medical waste needs to be managed appropriately, especially, now during the Corona Virus Pandemic.

The most beautiful thing which the nature has bestowed on women is the privilege creating a new life within herself, giving life to a new human in this world. This privilege is not bestowed on some women by nature because of many reasons such as blockage in the fallopian tube, weak uterus, by birth defect, and many more reasons. The Twenty First Century with its advancement in the medical field, introduced many alternative options for the women who cannot naturally conceive, so that they too are not deprived the joy of motherhood. One of such form of invention was that of ‘Surrogacy’. Surrogacy is a well-accepted method of reproduction in which a woman agrees to become pregnant for the gestation purpose and give birth to a child for a contracted party. Through this paper, the authors will discuss the evolution of surrogacy along with its birth in India. The main person who goes through the whole process of surrogacy along with the parents is the woman who agrees to be womb for the child of the couple to grow and nurture and therefore her conditions and role in the said process is a very important aspect to discuss. The paper will discuss in detail the rights and duties of a surrogate and also the legal rights which our law guarantees such surrogate women. The paper will also have a comparative study on the rights given to the surrogate mother in various other countries.

This Article explores the position and difficulties of working corporate secretaries in India. The significance of structures of the company and the involvement of the secretary as a leading officer in the management of the company by semi-structured interviews with the different Company Secretaries is essential in order to determine the reasons and skills necessary for the development of positions. The theoretical structure of this analysis is focused on amalgamation of previous study on company secretaries and discusses various important facets of the position of corporate secretary. The function is not a static definition, which is constantly evolving in a growing regulatory environment and Dynamics of the internal working of the company. The exploratory evidence shows that corporate secretaries are taking into account the extension of duties and the transition of positions from planner to strategic advisor. The role requires the professional proficiencies and skills of demonstrative intelligence, communication and confidence that are essential to preserving the function and freedom of the governing doors. Dual-role corporate secretaries (i.e. those who merge legal counsel or chief financial officer functions) of non-profit and government-owned organisations are well conscious of the limitations of their roles. With respect to the same, the guidelines in this essay will provide a broad overview of how this should be achieved

Modernization refers to the gradual development from a less advanced, crude form to a more advanced and highly developed form, occurring due to changes in technology and development of the education system. It is the process of adapting to modern needs and habits. This paper seeks to explain and provide an understanding into the modernization of patriarchy, right from its origin to its modern forms to new forms where patriarchy is inherently present in terms used by the society in everyday conversations. While this modernization might not be a need of the society at large, it certainly is the need for one section of society allowing the continuation of practices of the past where men dominate women and relegate them to an inferior position. Therefore, this paper seeks to answer the following questions: What is the meaning of patriarchy? How did patriarchy originate? Modernization in the forms of patriarchy. How are law and Patriarchy inter-related? Why the said modernization is a problem for the society at large? While providing answers to the abovementioned questions the paper dives into the realms of household roles, movies and television shows, pornographic films, language stereotypes, and the legal world to show how patriarchy is inherently present in nearly every avenue of one’s life and influencing thinking in such a manner that one feels that continuance of the age old practice of women’s subjugation is the norm to be followed for continuity of society at large.

“I learned that courage was not the absence of fear, but the triumph over it. The brave man is not he who does not feel afraid, but he who conquers that fear”. “Nelson Mandela” Every generation comes with new hopes, energy, ideas, perceptions and awareness in to the world. At present around the world there is a new awareness among youngsters or students whether it’s about student activism, stand against violence, demand for rich economy or fair education system etc. At present the world is facing the epidemic of drug abuse intensively. Where on one side medicine cure to almost every disease but other hand by overdose of such prescribed drugs leads to high death rate. Out of five, three persons die because of overdose of prescribed drugs. According to WHO “3.3 million deaths take place because the use of drugs and around 11 million population injecting the drugs. Some 31 million people have drug use disorders”. Drug abuse push the youngsters towards crime in high ratio just because lack of factual knowledge about drug abuse. The need of luxurious life and every desire which convert into need in college campuses is one of the biggest reasons behind drug abuse. In this article author focused on the myth that youngsters have regarding drugs and highlighted the education system for the prevention of drug abuse

India is the world’s largest economy and world’s 4th largest consumer of energy with 1.4 billion populations. In 2014, the government of India came up with a new policy concerning energy that aimed to achieve “energy independence” by the year 2030. When a state can produce enough energy in terms of fuel and electricity to meet its demands, it is considered to have attained energy independence. The new policy objective is to conduct large-scale renewable energy auctions, promote access to oil and gas market for foreign investors and privatization of coal mining. Currently, India imports 80% of its total crude oil, 18% of its total gas and 23% of its total coal, which is expected to be double by 2040. International Energy Agency (IEA) has termed India’s plan to become energy independent by 2030 as a “very ambitious" and an “idealistic challenge”. Although, in the year 2020, in partnership with NITI Aayog, IEA released an in-depth review of India’s energy policy. The report highlights the achievements of India’s energy policies and provides recommendations to support the government’s goals of promoting well-functioning energy markets and boosting the deployment of renewables. India has ranked 9th in climate change performance index in 2019 and its composite score under sustainable development goals index have improved from 57 to 61. This is a big achievement by India but with the new policy it has a long way to go

In the process to make quick money, moneymakers often neglect the simple interest of the customers. In doing so the buyers get a defective product and this led to legal injury. In such case there is a violation of a right of the customer and he is entitled to file a suit to claim damages. But, this process came to be expensive, time consuming and not friendly for claims of small amounts. Furthermore, these suits were decided and based on maxim “ibi jus ubiremedia” which means where there is a right, there is a remedy. A Law of Tort principle. In these decisions the man got remedy but after a long battle in court. In this background the legislatives realized the need of a special law particularly for the consumers to gain remedy in speedy way and in more effective, efficient manner. This paper is one made during the course study of law whichgoes through the history of laws available to buyers to get remedy and how with change in time the consumer got the remedy of civil suit and how there were deficiency in such remedy, leading to development of Consumer Protection Act in India.

Abortion has come to be claimed as a matter of women’s right, particularly, in disability-selective cases. While the Medical Termination of Pregnancy (MTP) Act, 1971 provides for instances where termination of pregnancy would be permissible, unsolicited termination of a foetus is a crime. This is an implicit recognition of an unborn child’s ‘right to life’ and those that flow therefrom, including the right to live with dignity. An unethical demand to permit abortion in disability-selective cases has been witnessed, claiming right to reproductive choice. It is posited that a woman does not have an unqualified right to abort her child, diagnosed with disability or not, regardless of recent developments in law conferring on her a right to privacy and to bodily integrity. Sufficient safeguards exist in the MTPA to keep unsolicited abortions in check. To prevent women from relying on quacks for abortion, the Union Cabinet recently approved the MTP (Amendment) Bill 2020 which seeks to raise the upper-limit of termination of pregnancy from 20 to 24 weeks. With regard to disability, the Parliament enacted the Rights of Persons with Disabilities Act, 2016 to confer socio-legal insurance on those with disabilities. The same should be read as protecting unborn children with disabilities in light of fundamental principle of non-exclusivity with respect to discrimination. Best interests of the child should govern the matter of abortion and a child’s ‘right to life’ should not be seen as conflicting with a woman’s right to reproductive choice. The mere seeking of an unqualified right to abort a child with disability can be said to be an attack on the dignity of disabled persons as it portrays disability as something undesirable. The society should refrain from seeking to prevent the birth of the specially-abled while the medical and legal professions work harder for their welfare.

This article throws light upon the significance and implications of frustration of contract. It is an automatic involuntary extinction of the contract relieving both parties of their liabilities form the point of time of occurrence of that event. It also covers the conditions which are required for proving whether the contract is frustrated or not. It also covers the specific grounds for frustration of contract such as destruction of subject matter, change of circumstances, non occurrence of contemplated events, death or inability of parties, government intervention etc. Then it throws light upon various types of impossibility of contract including initial impossibility, supervening impossibility and subsequent impossibility. It also covers the measures which can be taken to avoid making any contract frustrated. A frustrated contract is valid until the time of the supervening event but is automatically ended thereafter, whereas a contract void on the grounds of mistake is a complete nullity form the beginning.

Child trafficking a modern day slavery which is the hazardous offence all over the world. This is expanding like a poison in the air. According to law, a human who is under the age of eighteen years include in word child and when any injustice or manipulation is done with them is called child trafficking. Every year crore of human get traded and trafficked against themselves and forced to do slavery, child labour, organ trade and domestic services. The biggest role of some family is that they insist their child to do work due to poverty and they are promised for daily wages to support their family, but in reality they are bought in slavery , trade and trafficking. These crimes are hushed crimes without any single traces such activities cannot be prevented. Child trafficking is due to poverty, illiteracy of parents and due to family conditions in which parents insist their child to go for work and this is a breach of basic human rights. This paper contains how to prevent child trafficking and what are the steps should be taken to prevent it. By preventing trafficking the child will get their rights and get proper education which leads the world towards development and helps to grow the child

Amongst all categories of the informal division, the stability and protection of indigenous workers form one of the most consequential provocations to labor laws. The implicit oppressiveness involved in the profession, along with the atypical variety of the work of domestic workers, makes them more vulnerable than other workers in the economy. The complexities are correlated with the work being delivered within the household, originally for non-commercial intentions. The workspace is a private space, makes administration and implementation very finicky. Domestic workers come from unprotected communities and underprivileged areas. The preponderance is poor, uneducated, untrained and does not recognize the metropolitan labor market. Their work is underrated, underpaid and inadequately monitored. Deficiency of decent wages, working conditions and defined work hours, brutality, exploitation, sexual harassment at workplace, deception at the hands of traffickers/employment agencies, driven migration, lack of welfare stratagems and lack of skill advancement avenues resulting in stagnation are some of the major issues that they face. The lack of practical regulation and the notably relaxed nature of the services furnished by indigenous workers without any fundamental protection. In the event of any industrial uncertainty, they are willed at the commiseration of their employers. It is, therefore, quintessential to manifest a system of convivial security that can furnish sufficient protection to indigenous workers, with insignificant state involvement in the operations of the family. This paper endeavors to provide ideas for such a scheme, which is revised to the eccentric aspects of domestic workers in India. It recognizes that widespread and remote schemes of the social security model insinuated are a decentralized model where social protection is blended with other important solicitudes such as merest wages, skill advancement, and heightening awareness and bargaining vigor of domestic workers. These suggestions have transpired after undertaking a study of subsisting judicial provisions for domestic workers in India and the most beneficial methods from numerous domains that have seen relative victories in rendering social security to indigenous workers

Women in India have made a lot of progress in almost all sectors of economy. They have created a niche in art, science, business or corporate world. But, it is heart wrenching to see that, they are still wrapped in the stereotypes prevailing in the society. Sometimes, these stereotypes and discrimination against women lead to major health issues which are either less known about or not acted upon. India still bears the pain to see the various practices like hysterectomy or female genital mutilation (FGM) being still practiced in the nation. India is currently under the impact of a contagious virus, COVID-19. The public and the authorities have acted upon eliminating the virus and treating the patients with utmost urgency because there is a fear of losing lives on a large scale as the virus is contagious. But, sadly when it comes to addressing the health issues associated with practices like prostitution or child pornography, the authorities even after making laws against it lack implementation. A large number of women in India have either lost their lives or the quality of their lives due to major health issues with are a result of these practices. Sometimes, the suffering is due to work or religion and at other times, due to the taboos existing in the society or the wrecked mentality of people. This article aims at highlighting these issues and the loopholes in law and implementation in order to protect the health of women who become a victim of such practices. The article also aims at conveying that though these health issues are not contagious, but are still affecting lives of thousands of people and require urgent attention.

According to World Health Organization, Female Genital Mutilation means a situation where total or partial removal of female external genitalia is done. This removal does not have any scientific reason or any medical justifications. Removal of a healthy organ from the body without any medical reason that too without the consent of the victim is an extreme violation of Human Rights guaranteed to us. The act causes hurt or grievous hurt to the victim depending upon the intensity. No tradition which is harmful, abhorrent and brutal should be carried out. The act not only leaves a physical scar, but the pain and trauma the girl is gone through leaves a permanent mental scar on them. The act reflects the deep-rooted inequality between the sexes. The practise violates a person’s right to health and physical integrity, the right to be free from torture and cruel act and sometimes right to life when the result of procedure causes death.

A physiotherapist in India became a victim of a brutal gang rape on December 12, 2012. When the victim was surrendering to her injuries, the incident became the highlight for the promotion of "Sexual Violence Against Women." India is considered as the "Rape Capital" of the world but it is strange how statistics show that the number of reported rapes in the United States is thirteen times higher than what is reported in India especially if we compare the size of the population of both the countries. We will just not talk about rapes, but studies have concluded that in India women suffer to gain social equality, they are paid less at the workplace in comparison to their male colleagues, they suffer physical and domestic violence and are exposed to mental, social and economic violence. Often Rape survivors are excommunicated from the societies and their families refuse to accept them to avoid shame and disregard of the society. Victims are also considered tainted and sully which leaves them unsettled and unmarried for their entire life. Victims also tend to incur heavy financial bills for their treatments after the assault. Various discriminations, domestic violence, mental harassment, limited education opportunities, and low political representation has made women vulnerable in India

Communitarianism is one of the latest prominent theories of justice, challenging the regime and notability of liberalism as the frontrunner. Much has been written about the theoretical aspects of neo-communitarianism, a corrected version of its antecedent as it gained popularity in the last decade of the 20th century. This article discusses the relevance of a conversation on the practical aspects of the theory in modern times and how it has gained apropos in culture and polity today.

Parliamentary privileges refer to legal immunity enjoyed by certain members of the legislative houses of particular countries. These privileges provide immunity in the form of protection from civil and criminal acts. These acts include statements made and actions done by these members in the course of their legislative duties. They have also been defined under Article 105 of the Indian Constitution. This research work talks about the types of parliamentary privileges and their relation with freedom of speech and judicial review. Parliamentary privileges and Freedom of Speech go hand-in-hand. Article 105 of the Constitution of India deals with the powers, privileges and immunities of the Houses of Parliament, their members and committees. This article guarantees freedom of speech to every member in Parliament. Further, it also grants these members immunity from proceedings in any court of law in respect of anything said or any vote given by him/her in Parliament or in any of its committees. Are these privileges subject to judicial review? Judicial review refers to the power of the judiciary to interpret the Constitution and declare any law enacted or order passed by the state as void, if the court thinks it to be unconstitutional. Parliamentary privileges and judicial review place the legislature and the judiciary face-to-face. On one hand, the Parliament claims absolute sovereignty when it comes to its privileges, and on the other hand the Judiciary does not accept any kind of restraint on its judicial review power. This has led to numerous conflicts between the two highest organs of the State. Emphasis has also been laid on whether parliamentary sovereignty is immune from judicial review citing the examples of India and the United Kingdom. This research work aims to display how these three broad terms complement each other in the modern context.

Any society is based on its cultures, as these are the stepping stones, and warfare comprises of a very important content of the culture of any society. Prior to the 19th century there were no set of rules governing the battleground, as every civilisation moved as per there cultural ethics. But, later a set of governing rules and regulations originated which have now taken the form of International Humanitarian Law. Time and again it is argued that, where lies the inception of the International Humanitarian Law? The law didn’t get framed in a day but it went through a crucial procedure of court battles, that lead to the evolution of ‘Human Right’ methodology. The Indian society went through a huge process of renovation that lead to the amendment of certain of its customs and acceptance of the global ideologies. Several times Indian courts had the opportunity to build a nexus between the constitution of India and International Humanitarian Laws, but the judgements given, lacked the view, as the courts were unable to harmoniously construe the two mechanisms. International Humanitarian Law was met with open arms by both Judiciary and Legislature of India, but still a full-fledged application seems like a distant dream.

Substance abuse refers to the harmful or hazardous use of psychoactive substances, including alcohol and illicit drugs. The drug problem has posed a serious threat to public health and to the safety and well‐being of humanity – particularly children, young people and their families. The abuse of alcohol and illicit and prescription drugs continues to be a major health problem internationally. In order to control the growing problem of substance abuse, governments around the world have taken punitive measures. Not only countries at individual level but the United Nations itself has held various conferences to discuss the issue at length and recommended multiple measures to deal with the problem. The judicial system in various countries has also acted proactively towards the betterment of society. Through this paper an attempt has been made to understand the existing issue of substance abuse, analyze the persisting situation in the country and recommend punitive measures that can be taken to deal with the situation.

Beer has always been more than just a drink. It has been an important drink in social settings, a medium over which people tend to bond together and share important moments with their friends, family, colleagues or even with a large crowd at a festival or a concert. With this importance that beer holds in social settings comes the important niche that beer brands have created for themselves as a part of the national culture and identity of a particular place. Although, beer started off as the go to drink for socializing, the beer market has seen a changing trend over the past few years. Consumers are increasingly moving towards premium liquor like cocktails or wine and there is another set of people who are lowering their alcohol consumption to move towards alcohol free or low alcohol options. Also, within the beer category, the regular beer customer is moving away from traditional lager beer and is moving towards craft and premium beer. This puts immense pressure on regular mainstream brewing companies like Carlsberg and has forced them to change their strategy in ways which prevents them from becoming obsolete in this emerging beer market which is more demanding than ever.

The reminiscent memories of our childhood may remind some of us of monkeys dancing to the beat of the drums or a snake being enchanted by the tunes of a snake charmer, growing up, however, the reality seems contradictory, distraught and disappointing. From wearing their skin on our wrists, their furs on our back and immuring them into cages the truth of human brutality towards these voices less creatures remains beyond our grasps. In order to vocalise these silent majority this article critically analysis various animal welfare legislation in India. Unfortunately, the growth of animal laws is stunted in India. This field of law is considered less important, more emotional and poor pragmatic approach is taken while responding to the suffering of animals. Although, there exist a number of animal welfare laws yet, there is a need to recognise and understand the difference between animal welfare and animals’ rights. Where Animal welfare works towards minimizing an animal’s suffering, Animal rights are the inherent rights of animals, much like human rights are inherent rights by the virtue of being a human. The question that still remains unanswered is whether these rescue attempts are truly saving or protecting a population of animals that are “strictly” protected under various animal laws in India? In the end, the aim of any legislation should not be mere sustainability but a better quality of life.

Brands constitute a very important part of trade and business in the current world. It is the symbolic representation of the quality, source and ingredients of the products. In the current scenario, with rise in globalization, people are more inclined towards high end luxury brands and fashion industry is one of the most demanded one across the world. The brands associated with high end fashion clothing and accessories influence the minds and choice of consumers to this extent that they are ready to purchase it at any cost and sometimes even ready to buy a substitute of lower quality of similar brand, just to have the pride of possessing a luxury brand. This is where the scope of counterfeiting develops and the competitors resort to unfair competition by free riding on the reputation of famous brands and deceiving consumers. Counterfeiters target luxury brands due to their reputation in the market and the consumer trust associated with it. Selling counterfeits of these famous brands become easier by deceiving consumers. Counterfeiting in fashion industry in many cases is injurious to health and interest of the consumers. Use of cheap quality of cosmetics, perfumes or clothing can severely damage skin and cause huge losses to both the consumers and the brand owners apart from increasing scope of organized criminal activities associated with counterfeiting. Such activities are most commonly seen in developing industries due to the consumer demand and also due to weak regulatory mechanism which facilitates the counterfeiters in many ways. Whether high end fashion brands are really affected by such activities or there is a need for strong enforcement of anti counterfeiting law is a matter of concern

In this post-modern world, it is delightful to understand and see the rapid and blooming growth of economics and how individuals contribute to this development regardless of ‘cross-bounder’ or extra territorial transactions being necessary rather than optional. Also, it is of significant importance to understand that not all agreements and contracts between commercial organizations operating across borders or commercial organizations and states that they invest in are executed swiftly. Some transactions between entities get baleful and thus, give rise to a dispute which cannot or may not be adjudicated by the domestic laws of a state because of the transaction being extra territorial in nature. Overseeing situations like this, international agreements and contracts set out a dispute resolution clause which, authorizes the parties in the agreements to submit their dispute to an arbitration tribunal. These tribunals depend on investment protection instruments like Bilateral Investment Treaties, which are on the basic principles of International Investment Law and protect foreign investors against any disorderly activities of a host State. In this article, we shall discuss in dept the International Center for Settlement of Investment Disputes (ICSID). A detailed analysis of how investment by individuals in foreign sates are protected, an overall operational mechanism of international investment arbitration which respect to ICSID shall be discussed. Also, this article will have a special emphasis on a grey area issue in the world of investment arbitration which is the denunciation of the ICSID convention, its cause and effects, its outcome to on the denouncing sate, on foreign investors and most important of all; its outcome the standing BITs or other investment protection treaties and the jurisdiction of the Center or the tribunal after such denunciation by states using brief case studies.

“Capital punishment” or “Death penalty” is the highest degree of punishment awarded in any society or democracy to hold regulation and order. But killing some other human being in the name of justice is not less than murdering someone. But unlike China where almost 1000 execution done per year, doctrine of “Rarest of the Rare” is used in India and that too often commuted to life imprisonment. The aim should be to remove the crime and not the criminal. United Nation has opposed the concept of Death penalty and mentioned that Life is most precious, and loss of life is irrevocable. Further UN also said that killing another human being in the name of justice also kills the fact that we are human. We are no one to figure out who will live and who gets to die. Therefore alternatively of putting anybody to loss of life we need to adapt a one-of-a-kind strategy i.e. the reformative method so that one who want to improve himself will get a chance to do so and can live peacefully thereafter.

A Hamletian Dilemma- To Mercy or not to mercy. What are the responsibilities of the state when it decides to punish a person for a crime? The debate whether to retain or abolish the provision of mercy petition is unending. The negative implications of the provision have, in multiple cases, led to a public and media outcry for failure in the administration of justice, such as in the case of Afzal Guru, Nirbhaya, etc. This article traces the expediency of the powers to grant pardon prescribed in the Indian constitution, and the jurisprudence developed in the court of law. The article commences with the origin and the history of the provision, then explains its scope and intricacies. Furthermore, it justifies the necessity of the provision in spite of its repercussions, in the modern civilized society

A Hamletian Dilemma- To Mercy or not to mercy. What are the responsibilities of the state when it decides to punish a person for a crime? The debate whether to retain or abolish the provision of mercy petition is unending. The negative implications of the provision have, in multiple cases, led to a public and media outcry for failure in the administration of justice, such as in the case of Afzal Guru, Nirbhaya, etc. This article traces the expediency of the powers to grant pardon prescribed in the Indian constitution, and the jurisprudence developed in the court of law. The article commences with the origin and the history of the provision, then explains its scope and intricacies. Furthermore, it justifies the necessity of the provision in spite of its repercussions, in the modern civilized society.

The digital age is advancing at a livid pace. It is a rare sight nowadays to see anyone without carrying a mobile phone or using any such electronic device almost on a daily basis.However, it is a matter of growing concern that the cyber space is becoming a particularly desolate and venomous area for a large number of users, more particularly women. It is, thus, most ironic that the digital domain, considered to the most secure and theft-proof depository of confidential information has been targeted by, violated and compromised by perverse elements more than any other medium. In this paper, I tend to scrutinize the various methods through which cyber criminals operate with a particular objective to outrage, demean and libel the modesty of women, and/or, try to infiltrate their financially or socially confidential credentials. Furthermore, I would try to elucidate a handful of measures that can be carried out, both on individual as well as collective level, to mitigate this hazard against the interests of women.

Medical negligence has nowadays have become one of the serious issue in India. Our experience tells us that medical profession is one of the noblest professions. Patients usually see the doctors as God as it is them who are going to treat their illness, health issues and in the end they will be cured and healed by them and we at least expect them to be careful while discharging their duties toward their patients. Medical negligence is also termed as medical malpractice that is an improper, unskilled, improper or negligent treatment of the patients by their physician, dentist, nurse or other health care professionals. In 1995, the SC decision in the case Indian Medical Association v. V.P. Shanta& Ors1 brought the medical services within the ambit of “service” defined in the consumer protection act 1986. This defined relationship between patients and medical professionals by giving contractual patients the power to sue doctors if they sustained injuries in the course of treatment in ‘procedure free’ consumer protection courts for compensation. There is an urgent need to check increasing trend in number of medical negligence cases and deteriorating quality of healthcare in India. Study of decided cases of medical negligence can provide an insight into the reasons for medical negligence cases, factors mainly responsible for medical negligence and impact of doctor-patient relationship, etc. The present paper aims to analyze the concept of negligence in medical profession in the light of interpretation of law by the Supreme Court of India

All companies have their own strategy about their corporate governance and the business ethics are now turning their focus towards gender diversity at the senior level of business. Some countries implement this cover by focusing the special requirement for women directors in their corporate governance. The main study lies on attention goes to section 149(1) women directors and position of women in India companies act 2013 As far as Indian corporate governance is concerned the board diversity, they need to get adequate recognition, section 149(1) of the act makes it mandatory that every listed company should appoint a women director with in a year. When we discuss about women in corporate field first important area hit our mind is “glass ceiling” is transparent barrier in an organisation were women can face freely get promoted to the higher level in her company without any hurdles or male domination This paper will also analysis the need and position enjoyed by women under the companies act, 1956 and also identify the alike legislation enforced in an-other jurisdiction

Governance of any nation or for that matter, of any entity has some basic characteristics like the right exercise of authority and responsibility and decision making process by a group or committee affecting the population or the majority of an economy. Good governance has nine core features- participatory, consensus oriented, accountable, transparent, responsive, equitable and inclusive, efficient and effective, rule of law and trustee of the governed. So, good governance is clearly an ideal. However, in reality, it is not quite optimally achievable but still we should move towards it to ensure sustainable development. To have a good governance, any nation’s leadership should be strong and have a concerted action from the civil society can lead towards the achievement of it and get the rid of problems that plaguing the economy. In the words of Kofi Annan, UN Secretary-General, “Good governance is ensuring respect for human rights and the rule of law; strengthening democracy; promoting transparency and capacity building in public administration”

In this era of globalization, one of the most crucial issues which have emerged in different nations of the world is food insecurity. Due to changes in environmental and economic phenomenon food security is highly affected. Though nations are developing, even some are already developed but people residing in these nations are not aware of the concept of food security. So it’s really important to know what food security is all about. The definition of food security was given by the Rome Declaration on World Food Security at the World Food Summit held in 1996 due to global concerns. It says, “Food security exists when all people, at all times have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life”. The World Trade Organization (WTO) describes three main aspects of food security. The first one is food availability i.e. having a satisfactory amount of food, the second one is food access i.e. having resources from which one can obtain food and the final one is food utilization i.e. one person should make appropriate use of food available.

In Relations between India and Russia are planted in history, mutual trust and mutually gain cooperation, and which possess the support of the citizen of both countries. Russia has been a long standing and demonstrable partner for India. Development of India-Russia relations has been a key pillar of India's foreign policy. [1] Traditionally, the Indo-Russian strategic partnership has been built on five major components: politics, defence, civil nuclear energy, anti-terrorism co-operation and space [2] but after the signing of “Declaration on the India-Russia Strategic Partnership” in October 2000, India-Russia bond have acquired a approximately change face with enlarging levels of cooperation in almost all sites of the bilateral relationship consisting political, security, defense, trade and economy, science and technology, and culture. [1] Bilateral Relations: India-Russia Relations , Embassy of India, Moscow, Russia, (December, 2019) https://indianembassy-moscow.gov.in/bilateral-relations-india-russia.php. (Last visited on Apr 27, 2020) [2] Speech given by former Indian Foreign Secretary Ranjan Mathai in Russia, (April 29, 2020; 01:43 IST), http://indianembassy.ru/index.php/bilateral-relations/bilateral-relations-india-russia.

India has experienced many precedents of what is referred to as hate crime or communal violence since independence. This communal violence has badly affected India’s religious minorities like muslims, Sikhs and Christians. This type of violence is mainly for used for social, economic and political gains. This type of violence is frequently met with mobs and in certain cases direct collaboration with state actors, ranging from exhorting violence through hate speech and denying to properly investigate the incidents after they have occurred. It follows that communal violence further exhorting the disparage of those affected and to those who face high levels of uncertainty alongside merger access to justice. These minorities have long been the target of different types of persecution such as threats, hate crimes, forced conversions and attacks on places of worship. Although in recent years there has been rise in incidents of communal violence against India’s religious minorities. Threats, hate speech and a wave of attacks around cow slaughter have particularly targeted muslims as well as to people who belongs to lower castes. Now a days, this violence has led to greater fear amongst religious minorities in particular muslims. Also christians have recently faced communal violence at the hands of mob who have attacked churches with false claims of forced conversion; reports of some minor cases of violence against sikhs community have recently emerged as well.

Every citizen of the India is having Right to Freedom of Speech and expression under Article 19(1)(a) of Indian Constitution however this right is subject to the reasonable restrictions under Article 19(2). This Right means one can express this views and opinion through any medium without any interruptions. Following article will be dealing about the restriction upon article 19(1)(a) and how fake news doesn’t come under the 19(1)(a) one cannot spread fake news since it’s subject to nations security. Due to fake news covid-19 chances to spread all over the country increases. This article will also be dealing with the steps taken by Government for fake news during the time crises and what punishments are could be given to the fake news spreaders

Sound condition is imperative to human life as it permits an individual to develop genuinely, intellectually and mentally solid. Henceforth, it is crucial that a sound situation accomplished established acknowledgment as a component of the essential right. Subsequently, it is fundamental for a state to receive a functioning and dynamic statute and protected structure into its lawful framework The new Global Judicial Institute for the Environment underpins the job of courts and councils in methodically applying and implementing ecological laws and guaranteeing the reasonable dispersion of natural advantages and weights," Justice Benjamin stated, taking note of that the difficulties confronting ecological law can't be understood by one appointed authority or court alone. The privilege to life, which is an intrinsic and a characteristic right, lies in the focal centre of human rights. It might be seen that the qualities consolidated in these focal centre rights are not expressed or at long last communicated, however their measurements will keep on growing as the degrees of human freedom continue rising, and another cognizance of their latent capacity is figured it out. It isn't surprising that changes of point of view initiated by a broadened or progressively edified mindfulness should open up new vistas of social, monetary and social viewpoint, regularly creating principal changes in the direction of human culture.

Freedom of speech is now seen as touch stone of democracy and the ability of individual to criticise the state is crucial to maintaining freedom. Free speech is one of the most significant principles of democracy. The purpose of this freedom is to allow an individual to attain self-fulfilment. The freedom of speech and expression is the first and the foremost human right as the foremost condition of liberty, mother of all liberties and to make the life meaningful. Six freedoms given in the article 19 of Indian constitution which are not absolute in nature. Absolute freedom cannot be given by a nation. If citizens are given absolute rights and liberties without any restrictions it will result in state of nature as described by John Locke. The UDHR 1948 and in its preamble and article 19 declared freedom of speech as a basic fundamental right. The freedom of speech often poses difficult question like the extent to which state can regulate individual conduct. Since individual’s autonomy is the function of this freedom, any restriction on it is subject to great scrutiny. Restrictions under article 19(2) of Indian constitution are similar to the article 19(3) of international covenant on civil and political rights.

Fundamental freedoms are enshrined in Part III of Constitution of India, and can also be called India's Magna Carta. The rights in the said Chapter help to ensure strongly that all fundamental rights are guaranteed to each and every citizen of the nation and that no one can violate them. The main focus of this paper is to throw some light on the freedom of speech and expression. When a socio-economic and political structure of the society changes the very essence of these rights keeps on evolving. This paper tries to highlight some of the historical developments of freedom of speech and expression. The rights envisaged in Article 19(1)(a) which is not absolute and subject to reasonable restrictions although these restrictions cannot be arbitrary. The Landmark judgments have been provided to make it more presentable and understandable from the point of view of our respected Judiciary. India is one of the stringent countries in the world in terms of censorship. In this light, it will be the objective of this paper to consider and evaluate possible alternatives and modifications of the present system of Censorship in India. The purpose of this paper is to give an overview of Freedom of Speech and Expression.

This research paper revolves around the Inter-relationship between the Competition Policy and Intellectual Property Rights. It explains how the Competition Policy could clash with the activities in relation to Intellectual Property Rights. It further mentions the kinds of anti-competitive activities indulged into by the IP holders and how the Competition Law of the country comes into play in order to regulate competition in the market, promote economic and consumer welfare. Apart from this, the research paper also covers various safeguards provided against anti-competitive activities of IP owners. Later, the paper has discussed about India’s Position with regard to the interplay between the Competition Act, 2002 and the Intellectual Property Laws of India along with some landmark cases in relation to it.

This research paper talks about FGC and its religious view point arena .It goes on to the details about different types of Circumcision as categorized by W.H.O & its short terms and long terms impacts on the women physical and mental health. It gives a flavour of agitation of westerners towards FGC and mentioning it as ‘Mutilation’ and not circumcision. It then turns towards the counter arguments of the agitation of westerners by the ethnic groups of people who are engaged in such religious practise. It also covers the various reasons as to why the practise of FGC is criticized. Then it enters to the legal perspectives of FGC, how it violates different Human rights of the women and young ladies who are indulged in these practise, the legal stance of various African, American & European countries where FGC is banned by either introducing new legislation or by implementing the existing provisions of law. And finally it explains the situation in India regarding FGC and enters to the provisions of Constitution of India & Indian Penal Code regarding the Practise of FGC

The machinery which is using trade transactions as easy as possible have experienced huge change and development. A virtual coin of the country in which the encipher methods are being observed to determine the creation of paper money and prove the validity of transaction of money worked freely for a reserve bank. So, it can be said that this definition can be used to define cryptocurrency which is the other form of currency kept by the people. So, it can be said that crypto currency is another way of credit coin which is virtual for which a specific group of people have specifically agreed that it has some value. It has the basic element of currency but since there is no real value of this type of currency and hence people take it as an investment for need. We all exchange things in the form of money like euro, dollar, rupees etc. In ancient times, the exchange of services is with grains which added the value of services in barter system and vice versa. These current techniques are a form of failure as the agent can easily fool the consumer with the actual value of the wheat and the services taken by him. At present we use printed form of currency. So, we all know the actual value of services, and now consumer can buy the things easily in exchange of the money. Basically currency gave the solution to the problem of exchange system from ancient times.

In the year 2019, in a city called Wuhan, capital of Hubei, province of People's Republic of China reported a new type of pneumonia, started coming. It was mid of November when it's said that China recorded its first case relating to Covid19 or Coronavirus. Initially, its spread was way too slow. But it was just a matter of time when there was a boom in its total number of cases. It was around the 30 th of January when the total number of cases reached ten thousand and after that, within just 4 days i.e. on 3 rd February the total number of cases reached twenty thousand. It was on March 5 th of 2020, the total number of cases reached hundred thousand and on 18 th March 2020, the total number had doubled and reached two-hundred thousand. This clearly shows that how much slowly there was an increase in total numbers initially but then it grew rapidly. It took nearly 4 months to reach 100 thousand cases but then just in the next 13 days the total number of cases doubled. The first country to report cases of the corona was China, and then news of new cases started to come from Thailand, Japan, South Korea, Taiwan and the United States of America. France was the first European country to report the case of the coronavirus.

Gender parity means the equality given to the genders in the society, where they are given equal opportunities to enhance their skills and it also includes the participation in decision making process. Here gender not only means male and female but also the third gender i.e. transgenders should also be treated as other genders of the society. Transgenders are two million in our country so they should also be treated as other minorities and economic help shall be provided to them as well. Gender equality must be in such a way that better utilisation of the resources shall be done, every individual shall be given the work in which they are fully efficient. When they will be given work according to their skills it will result in better productivity and also socio-economic development of the country. Men are always seen as caregivers and shelter providers to the women, this stereotype thought process can be improved only through the path of equality. In the present era women are no less than a man if are given equal chances as men. Women are gaining success in every field either in education, sports, politics or at borders. Men on the other hand shall be taught, how to treat other human being as equal no more or less. Women doesn’t want sympathy instead they want respect. Women empowerment shall be in such a way that it must help the women to grow on their own and not with anyone’s help. And fake feminism must be kept out of the way of the path of gender equality.