Volume III - Issue III / 2020

Competition is the predecessor to success. The Competition Act, 2020 restricts the vertical and horizontal agreements that have an adverse effect on the competition in the market. Markets hopes for sustainability, profits, innovation in this effect along with a fair competition among the markets. The Competition Act, 2002 was legislated to remove anticompetitive practices among markets through preventing anti-competitive agreements and abuse of dominance being created by the big or small ventures in the market. This paper aims to study the evolution of the Competition law way back from MRTP Act, 1969 to the Competition Act, 2002 after the economic reforms in the year 1991 and present to its readers about these concepts in brief manner. Consumer awareness in the field on Competition Law is a must as many times consumers are not aware of the harmful effects of such practices and fail to realize that it is these anti-competitive practices which are keeping markets away. If markets are not competitive then this gives rise to monopolies and oligopolies which have harmful effects in the long run.

Competition is the predecessor to success. The Competition Act, 2020 restricts the vertical and horizontal agreements that have an adverse effect on the competition in the market. Markets hopes for sustainability, profits, innovation in this effect along with a fair competition among the markets. The Competition Act, 2002 was legislated to remove anticompetitive practices among markets through preventing anti-competitive agreements and abuse of dominance being created by the big or small ventures in the market. This paper aims to study the evolution of the Competition law way back from MRTP Act, 1969 to the Competition Act, 2002 after the economic reforms in the year 1991 and present to its readers about these concepts in brief manner. Consumer awareness in the field on Competition Law is a must as many times consumers are not aware of the harmful effects of such practices and fail to realize that it is these anti-competitive practices which are keeping markets away. If markets are not competitive then this gives rise to monopolies and oligopolies which have harmful effects in the long run.

The grant of patents to the inventors of the products gives them a competitive edge in the market place. The inventor or owner of the patent has an exclusive right to prevent anyone else from making, using, or selling the invention for a limited period of time. However, certain rights of the patent holder are exhausted post-sale of the patented product, i.e. the patent proprietor cannot restrict the buyer of the product from repairing it in order to maintain it in the functional condition. This paper intends to compare and contrast approaches adopted by the United States and European Union Courts to draw a fine line between the reconstruction of the product which amounts to patent infringement and permissible repair. It traces the history of the doctrine of exhaustion and analysis various landmark judgements passed by the courts in both the jurisdictions to ensure the balance between protecting the rights and interests of the patent holder and the consumer of the product.

Secondary-indicia are fundamental to the non-obviousness test undertaken to ascertain the patentability of an invention. It includes other subjective elements such as the existing state of the art, the presence of a novel step and if a person of ordinary skill in the art will find it obvious. While the test is termed differently in distinct jurisdictions, the aforementioned elements are common. This paper presents a comparative analysis of the United States of America (US) and the European States (EU) jurisdictions and their non-obviousness tests. The paper finds that the subtle difference between the two pertains to the way secondary-indicia is considered. Subsequently, it is argued that the status of secondary-indicia is ambiguous in the US due to the recent “KSR vs. Teleflex” judgment, whereas, the EU presents a more certain approach. Further, a critique of the aforementioned approaches is undertaken to highlight the constant undermining of secondary-indicia. Resultantly the same has diluted the non-obviousness test and increased the possibility of hindsight bias. The paper emphatically recommends that secondary-indicia are an objective sub-test which complements the subjective sub-test contained within the non-obviousness test. Lastly, the paper establishes the need to treat secondary-indicia as a mandatory element in the non-obviousness test

The right to a fair trial is is a fundamental safeguard to ensure that accused persons are protected from arbitrary or unlawful deprivation of their freedom and human rights. According to international human rights law, the states must respect, protect and fulfil its obligations related to the enjoyment of fair trial rights by the accused persons within their territory and/or jurisdiction. Thus, Rwanda, as well as other states, must organize their judicial and legal systems well as to align with the requirements of right to a fair trial. This study evaluates the adequacy of Rwandan criminal laws in the light of the right to a fair trial. It analyzes the legislations which are closely related to the fair trial rights and criminal court proceedings. In this perspective, the constitution of the Republic of Rwanda, the code of criminal procedure, and the penal code were qualitatively analyzed. This research argues that despite attempts to reform and domesticate international conventions and agreements, Rwandan criminal judicial system still largely falls far too short of complying with the international human rights obligations related to the right to a fair trial. This contribution recommends that the current criminal legal framework should be reformed for improvement of the Rwanda’s criminal legal frameworks

The workmen were the most affected class during the outbreak of Corona virus. They were deprived of food, shelter and employment and underwent untold miseries at unprecedented scale. They were battered in all respects – physically, mentally and financially. They suffered severe blows to their health. At this important juncture, when a healing hand was required to be extended to them, many state governments came out with statutory notifications or other instruments relaxing the applicability of labour laws for different periods. One such provision was forcible working (as opposed to voluntary) for twelve hours in place of normal eight hours working day. This paper examines the legal validity of notification issued under section 5 of the Factories Act, 1948 whereby the compulsory working hours for workmen were increased from eight to twelve.

Why people with high standing in the society do not think that they can be criminals too. The illegal acts that they perform to get profit in their businesses or to fulfill their undue purposes makes them criminal under the eyes of law. But what can be the situation where, there is no specific legislation in our country with respect to it. Yes, in our country we don’t have any specific legislation for such people. We do call that act as white-collar crimes but, hardly few people have any clue with respect to it. In this paper, the researcher will be talking about white collar crime with respect to environment which can also be called as green collar crime with respect to Maradu Flat Case of Kerala.

The conundrum of fake news is like a wildfire which burn up the ground reality and often causes damages unimaginably in the society which is a pandemic throughout the world and India is not an exception to this. India though having various enactments to deal with media including fake news, while it comes to enforcement, the courts have to balance the fundamental right under Article 19 (1) (a) of the Indian Constitution and the rights of the victim of fake news in the march of law along with various lacunae in the statutes dealing with fake news. This article is an attempt to give a brief account of the hazardous nature of fake news, the translucent nature of laws to curb fake news in India and the grave inevitability of the Government to rethink to make more stringent laws in this regard

The article aims to centre stage the Taiwan - China relation in light of the current COVID -19 pandemic that has ravaged the world. Despite its outstanding success and the support it offered the world during this global crisis, Taiwan’s exclusion in the WHO and its suspended participation in the WHO is a major blow to the global community in the fight against this global crisis. By delving into Taiwan’s relationship with China and the WHO, we aim to explore the current consequences of their historic contention with regards to their sovereignty. Taiwan’s successful fight against the pandemic highlights the critical role its government and citizenry played in controlling the spread of the disease. Taiwan’s astounding resourcefulness along with a critical importance given to learning from their past experiences provided the island nation the ability to stem the infection with an efficiency that has not been observed in any other country. Beijing’s paradoxical approach towards Taiwan in this fight against the virus, in contrast to two of its maritime neighbors, Indonesia and Singapore (both of whom have disputes in the South China Sea and ideological differences with China) have been observed in its pith. The article concludes with a glimmer of hope that the two Asian countries can set aside their political differences in humanity’s global fight against this epidemic.

This paper talks about the FMG (FEMALE GENITAL MULTI LATION) how it is how it is performed by various sects in India. The reasons behind the performance of FMG in India. The problems faced by the the women in context with FMG. Various laws which cater FMG in India but not specifically mentioned for FMG. What are the international view on female genital Mutilation and how it can be curbed through by looking into the various acts made by the following countries

The most cherished freedom of all freedoms cherished is the freedom of expression. It is common consensus that certain restrictions ought to be placed on the freedom but the extent of these restrictions is a matter of controversy. This controversy leads us to the dissension on the validity of blasphemy laws. Regarded as one of the most abused laws internationally, blasphemy laws have been in existence since time immemorial and in the recent years, their essence has shifted from protecting the deity, which was relevant then, to protecting religious institutions, beliefs, practices and leaders from any criticism or insult, howsoever necessary. The controversy on the validity of blasphemy laws emerges from whether it constitutes a reasonable restriction on the freedom of expression or clearly hinders the freedom for mere religious vendetta. The paper shall seek to critically analyse the relevance and importance of blasphemy laws in the present pluralistic society, considering the present international human rights framework with major focus on the freedom of expression and put forth suggestions for better enforcement and protection of these basic human rights

This article comparatively analyses the core irreducible essential features of trust across common law, civil law, and mixed/hybrid jurisdictions. English trust and civil law trust like instruments are compared to identify similarities and core features. Trusts and trust like instruments are locked in these country models in Hague convention, Luxembourg, Italy, France, South Africa, Czech, Quebec, Scotland. Each unique to its own. Ownership trust assets, rights and duties of trustee, settlor and beneficiary is identified and compared in civil and common law perspective. Conclusively similarities are identified in vastness of differences. Core inessential features are laid out

This paper seeks to analyse the role and functions of Comptroller and Auditor General of India (C.A.G.) along with his power and duties; it further, tries to critically examine and evaluate the working of C.A.G. and its importance in meeting challenges of good governance. This paper also seeks to analyze the present position of C.A.G. in establishing good governance with all positive and negative sides and also point out problems and suggest reforms for a powerful and strong C.A.G. for good governance. The paper tries to explain the position of C.A.G. in our Constitution and describe its powers and duties as per statutory provisions. The paper also seeks to clarify the term “Good Governance” and also its characteristic along with role of C.A.G. towards achieving the goal of good governance. And this paper also talks about suggestions to empower the C.A.G. and to give him an independent position. So that, the objective of good governance can be achieved. This paper is limited to the role of C.A.G. only to achieve the object of good governance and not to other means. So, this paper is limited only to the position of C.A.G. and his role in meeting challenges of good governance.

The piracy of software includes illegal duplication of computer software and illegal usage of the same for generating revenue. The paper discusses issues of copying, distribution, sale and resale of the computer software without the consent of the creator of the software or without proper documentation. The digital piracy and software piracy are new emerging trends and the protective legislation safeguarding such malpractices and copyright theft is under question and not stringent enough to punish the violators. The paper discusses scope of ‘literary works’, ‘computer database’ and “computer software piracy’ and the test to ascertain copyright piracy.

The word education originates from a Latin word educare which means “to bring up”. The dictionary meaning of education is any process or act of imparting knowledge, skill and judgment. Education is possibly the most essential function of the State and local governments. It is the very foundation of good citizenship. It is extremely unlikely that any child may succeed in life without the opportunity of education. Education is the basis for growth, development and empowerment for every nation. Education has become a necessity as it builds one’s character and skills which are essential for earning a livelihood. The growing needs of a nation are catered by education as the development of a nation is measured by such human resources. Education helps in inculcating scientific temper, independence of mind and spirit among the citizens. The whole country dwells on the pillar of education. An old Sanskrit adage expresses that education brings freedom i.e. freedom from obliviousness which covers the brain; freedom from superstition which dazzle the vision of truth

The substantial loss of economic opportunity due to the sheer wastage of human resources not just on a national level, but also at a global scale while India has made great strides in improving its ranking in other key growth metrics, the declining participation of Indian women in the workforce continues to be a red mark in the country’s otherwise laudable economic reform report card. Theories of human capital would suggest that with more education, women acquire greater skills and their earnings increase, resulting in higher labour force participation. Women’s participation in the labour market varies significantly across countries, reflecting differences in economic development, social norms, education levels, fertility rates, and access to childcare and other supportive services. The relationship between female labour force participation and these factors is complex. India has one of the lowest female labour force participation rates in the world. At present India has only about 27 per cent women in the workforce and we have to take it to the world average of 48 per cent. The Economic Survey of India pointed out that the gender gap in the Indian labour force participation of 2018 is more than 50 % points. The present paper attempts to describe the female work force participation rates in India. It also attempts to identify the potential causes of declining female labour force participation and Governmental policies relating to participation of women in the labour force in India. And also suggest possible measures to improve female labour force participation

Retention of death penalty has become a burning issue in this country since 1980. Although in theory death penalty continues to be a supreme punishment but has to be awarded in the rarest of rare cases. The question arises where the supremacy lies if the punishment can not be awarded in 99% cases. Even the doctrine of rarest of rare cases has been attacked on various grounds from time to time. The perception of the judges is also not uniform in this regard. This paper critically examines the developments towards the abolition of death penalty and the application of the doctrine of rarest of rare cases.

As per a survey conducted by Construction Industry Development Council (CIDC), it is estimated that around Rs. 1.35 lakh crores are involved in contractual disputes in infrastructure projects in different courts of the country which is already facing the problem of huge backlog. Government of India has taken up infrastructure developments of huge magnitude under Public-Private Participation (PPP) in the areas like irrigation, roads, ports and power projects, which need abundant private sector investments. The infrastructure projects involve lot of uncertainties during the implementation stage, innumerable conflicts/disputes between the employer and the contractor surface, day in and day out leading to disputes. Government has identified the dispute resolution in large public contracts is an area of growing concern. Many foreign companies are willing to invest and set up joint venture projects in India but they apprehend that in case of any dispute the Indian courts would take long to decide the claim which in turn will lead to increase in overall cost of the project. Thus it can be said that slow dispute resolution process prevailing in the country is keeping the foreign investment at bay. Therefore, there is a compelling need to take steps to facilitate quick enforcement of contracts, easy recovery of monetary claims, reduce the pendency of cases in courts and hasten the process of dispute resolution. For the purpose of speeding up the dispute resolution process, alternate modes such as Arbitration, mediation, conciliation should be explored and brought into practice. This paper explores the various dimensions of disputes arising out of infrastructure construction industry and their possibility of being resolved amicably by alternate modes of dispute resolution. The Alternate dispute resolution doesn’t declare one party as winner rather it promotes and calls for joint efforts of both the parties in resolution of disputes outside the courtrooms, which not only helps in early resolution of disputes but also keeps the relationship between the parties cordial for future partnerships. Thus the progress of the infrastructure projects would increase by implementing alternate means of dispute resolution.

The very establishment of any democratic society is rule of Law. The judiciary is the guardian of the rule of law while the bar is the sentinel. Laws exist to forefend the system from undue inequitableness. The Integrity of the court subsists with both bar and bench, and the dignity of the court must be protected at all cost. The quintessence of contempt jurisprudence is obstruction of or interference with the administration of equity. The key to the court's ascendancy is people's confidence in the great institution and what shakes this faith is a blow to democracy. It is for this very purport that the courts are entrusted with the extraordinary power of penalizing those who indulge in acts, whether inside or outside the courts, which incline to undermine their ascendancy and bring disrepute by scandalizing or obstructing court. Hence the summary power of punishing for contempt has been given to courts- “to keep a blaze of glory around them, and to deter people from attempting to render them contemptible in the eyes of the public”. This Article will analyse the law of contempt with a historical perspective, judicial elucidation, and three recent cases of contemporary complications

The Pre-Feasibility Report for Jajawal Uranium Mining Project proposed to be located in the district of Surjapur in State Chhattisgarh was released by the Uranium Corporation of India Ltd. in 2018. The Report presents a controversial assessment of the land, as it furnishes that India is a Uranium Deposit of only about 0.8% of the world’s uranium deposits. This raises a question, as to whether drilling and mining operations, in a protected Schedule V area of the Constitution, could meet the energy demands of India. Another facet of the argument, lies in the enjoyment of Rights by the “indigenous people of Chhattisgarh”. The Census 2011, documents that Surjapur is home to 55.11% of tribal of the total population .There is still a doubt about the efficacy of the project, as the report documents that the life of the Mine would only be twenty years; which will strategically eliminate the agricultural and tribal land, water resources, making it susceptible to pollution and non-usage. Jharkhand and Chhattisgarh, share a parallel resemblance; sharing a dominant tribal population and being an area protected under Schedule V of the Constitution. After various reports surfacing over the Jaduguda Mine’s controversy on the sustainability of the mine and unnatural release of radioactive and toxic waste ; there is genuine threat to the ecology, people, livestock, rivers, forests and agricultural produce in an area surrounded by Uranium Mines in Jharkhand. This problem will resemble in Chhattisgarh, as well, if a uranium mine is installed. Various Claims, Committee Reports and Judgements of the Hon’ble Supreme Court and High Court, propose a procedure for a sound takeover of a tribal land; but “language as a resource” acts as a deterrence for the tribal as they are unable to understand the gravity of situation and are defenceless in protecting their own heritage owing to language difference. They are further marginalised by Government claims over the chant of ‘Development’ and ‘Job Security’. In the light of the above proposition, it is necessary to revaluate the rights of the tribal, in a Schedule V area and argue about the efficacy of the Panchayats (Extension to Scheduled Areas) Act, 1996, Schedule Tribe and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This paper is an attempt to address the two pivotal rights of an indigenous community; The Right to Indigenous Land and The Right to Health. Although, the rights are not absolute in nature, it will discuss the juxtaposition in the light of Chhattisgarh, being a Schedule V area. It will further accentuate on how a balance between ‘Development’ and ‘Rights of the Indigenous People’ can be vetted and transformed in the face of “holistic development”

In the outbreak of COVID-19 pandemic situation the states and centre has announced nationwide lock down in end of March which caused immense distress to the inter-state migrant worker in India. In order to protect the welfare of such workers it is to be recalled a law relating to inter-state migrant worker in India so called the Inter-State Migrant Workmen (Regulation of employment and conditions of service) Act, 1979. In fact the national and international instruments are concerning with such workers by providing socio-economic status at the workplace through social security schemes. That apart in normal situation workers who do not have socio-economic assistance the obligation of the government is to safeguard the life of the inter-state migrant workers and their families. This paper is discussing about the legal safeguards of the inter-state migrant workers in India particularly in a pandemic situation those who do not have work or undeclared unemployment condition. Most of the migrant workers are uneducated and poor, vulnerable and displaced people so the rise of migrant employment to be an inevitable due to their economic need and other situations in India. The need of social security welfare measures to be significantly sufficient to the inter-state migrant workers in India

COVID-19 also known as a novel corona virus is a spillover event, with its epicenter in China. Covid-19 eventually became a major global health concern due to its pathogenicity which has given an unprecedented distress to the economies around the globe. The Covid-19 pandemic while causing major loss of life has adversely affected business, trade and commerce, i.e., the commercial world. When two parties enter into an agreement to trade with each other, a contract is formed between them. However on account of this pandemic, party would not be able to perform their contractual obligations and the contract become impossible to perform and in such circumstances many contracts will be deferred, suspended or even terminated. Under such scenarios, the force majeure clause would be a determining factor to protect parties from such breach. “Force majeure refers to a clause that’s inserted in contracts to terminate burden for inevitable catastrophes that interrupt the expected course of events and prevent parties from fulfilling obligations.” A force majeure clause may incorporate an exhaustive list of events such as Act of God or other acts as may included by the parties in the contract prior to its execution. It is pertinent to note that the force majeure clause did include ‘epidemics’ in number of contracts between the parties and after analysis of such circumstances, the Ministry of Finance, Government of India along with other ministry by virtue of its Office Memorandum has declared that the spread of Covid-19 falls within the definition of ‘Act of God’ as a ‘natural calamity’ and to spread force majeure Section 32 and 56 of the Indian Contract Act, 1872 has to be read.

The goal of protective discrimination was to integrate the Scheduled Caste and Scheduled Tribes with the rest of the population than the system of quotas in jobs, scholarships, and reserved constituencies have only strengthened their separate identity and caused heart burning to the members of general category people who are similarly deprived and for whom there is no reservation. In adopting, retaining and even extending the range of the policy of protective discrimination, the claims of the individuals as against those of the group, ofthe reward given to merit as against those of need have to be balanced. Again it would be erroneous to assume that by making concessions to communities and castes, the needs of every individual is satisfied. Classification of castes and communities embodied in itselfthe concept of discrimination. So in destroying old inequalities we should hot create new ones. Discrimination is dangerous instrument, no matter how pure the intentions are of those who use it and how careful we have to be in using it even for a desirable end. There is a gerrymandering in Indian Law regarding reservations and this article will try to examine every aspect of it.

This paper shall endeavor to answer a basic question – Has empowerment become a pre-requisite for women in India? If yes, then why? In what social arena of circumstances has the need been felt? The author firmly believes that despite far-reaching projected effects that today’s stringent laws seem to demonstrate; the tangible state of women in India is far from tolerable. Laws and court judgments, no matter how authoritative and well-put, cannot yield the necessary consequences that are often prophesized during their state of the nativity. The author seeks to illumine the dark corners of prejudice and illogical orthodoxy in which women seem to find themselves, time and again. Law alone becomes a rusted sword, its efforts thwarted by cultural conventions and beliefs that blind us and seep into our very roots. Successes and failures of Indian Legislature and Judiciary to do the same have also been highlighted. A brief focus has also been laid on channels that can be capitalized on, to achieve this goal. This research will provide a condensed and brief outlook upon the prevailing condition of women in India and showcase the escalating divergence between what is projected to be the truth and what is the actuality. The author has also taken the liberty to support the claim through doctrinal research hinging on secondary data sources related to India and further suggested certain measures and ways, as per a law student, which can be employed to prevent India’s long evidential history of oppressing and degrading women. Keyword(s): Channels, Empowerment, Laws, Prejudice, Stringent, Suppressing, Women.

J. Bhagwati explained Globalization as an extension of capitalism throughout the world. "Globalization means different things to different people" (Bhalla, 1998). The term is used generally to refer to a phenomenon defined or measured by flows of trade and investment between countries (Bhalla, 1998; James, 1998). Globalization as referring to "the process whereby capitalism is increasingly constituted on a transnational basis, not only in the trade of goods and services but, even more important, in the flow of capital and the trade in currencies and financial instruments" (McChesney, 1998) It is related to economic, political, technological and cultural exchanges of good and services between countries. It is the integration and amalgamation of global economies through the influence of developed countries and multinational corporations that are driven by technological change. Under Globalization the goods and services are exchanged at a faster rate and investors are interested more in the country where Intellectual Property Rights are strong and offer wider range of protection. Thus during the past decades, countries across the globe have strived for strong Intellectual Property Right, and its enforcement worldwide. The most important initiative that could be seen for global harmonisation is that of TRIPS (Trade Related aspects of Intellectual Property Rights) signed in 1994 to become the core element of World Trade Organisation. Thus, this paper analyses the impact of TRIPS (Trade Related aspects of Intellectual Property Rights) on the global change from generation to generation and distribution of such knowledge with the tint of Innovation in patent protection in relation with public health. Government worldwide and Multinational corporations alleges that strong and uniform intellectual property rights will lead to better protection of innovation globally. 21st century is described as the age of Globalization, a big word with several meanings and a phenomenon which is constantly affecting the human beings in every aspect of life. Globalization with significant economic, social integration on global level has also brought consequences on migration, technology, corporations, institutions and Public Health. Ensuring that the vehicles of Globalization are oriented towards development and promotion of human rights through appropriate law and policies. State has a responsibility to respect , promote and protect human rights in the face of Globalization.

A constant delay in the trials and disposal of the cases have affected the interest of many corporates and the parties related to the companies. Scams happening all around the country and their increasing number have raised many questions which were not answered even in the higher courts due to pendency of so many corporate cases before the tribunal. The enactment of the Companies0Act, 2013 (or the ‘Act’) was one of India's most important and significant legal reforms in the recent past to bring the Indian company law into line with worldwide norms. The present paper deals with the provisions which have been incorporated in the Companies Act, 2013, for the establishment of Special Courts as they are of great significance which leads to the speedy trial of all the offences mentioned under the Act and will also help in the good governance of the Company. It may be noted here that the Special courts are being established for stricter compliance of the company laws and for the benefit of the stakeholders. Special courts were set up by the government so as to induce the companies to comply with the various provisions of the new Companies Act. The constitution of Special courts as judicial authority and National Company Law Tribunal (NCLT) as quasi-judicial authority are the key changes brought in the corporate regime of our country.

Public Health being an indispensable factor for a proper functioning of a State or an Institution cannot be neglected with its policies being carried out in nonchalant manner. A right pertaining to health encompassing basic living standards is an economic, cultural and and social right that needs due care and attention. Today a large number of people are devoid of any kind of health care facilities having an incidental affect to their mental health and well-being as well. Carrying day to day activities involving personal hygiene and self-care seems to be a far-reaching luxury that many under a disadvantaged position is not being able to afford. Developing countries like India and South Africa has been a victim of constant social revolutions where people have struggled to attain bare necessities and a better quality of life ever since. Therefore it becomes imperative on the part of Social Institutions who are well equipped, to provide necessary measures to uphold an individual’s right of healthy living. Despite the availability of health related policies for the public it is observed that such measures and policies prove to be inadequate when it comes to exercising the fundamental right to health. Simply mentioning these rights in texts does not compensate for a real time systematic implementation and is not enough to achieve the ultimate purpose. Focus needs to be made on proper mechanism and a cohesive approach that helps the legislative authorities to reach out to those in despair which majorly includes women and children. Therefore this paper discusses the constitutional provisions pertaining to right to health in India and South Africa at the same time calls for a robust accessible health care systems in areas lacking the same which is now proving to be an achilles heel for developing nations.

Election in India is not a passage of ritual that the country has to go through rather it is one of the grandest festivals which celebrates the essence of democracy. Like festivals are held with considerable preparation and time at hand, so is the Indian elections. The remarkable thing about this is the fact that people all over India, whatever may be the caste, sex, gender align together for a common objective i.e. to be represented and governed by the elected candidates. This book review is based on the book, “Every Vote Counts” by the author Navin Chawla

The declaration of COVID-19 as a pandemic by World Health organisation also highlighted the urgency to look into the parallel pandemic that are likely to be catalysed by the stir of coronavirus. This article is a systematic attempt to understand the issues around mental health and psychological well-being. In this sequence the recent Mental Healthcare Act of 2017 would be analysed and the loophole that surrounds it would be closely examine in order to suggest the way forward. Global approach towards mental health is also be taken into account so that a lesson can be drawn from the best practices across the globe

The paper presents perspectives from Asian subcontinent to address the issue of “Transboundary Water Disputes” which are set to increase in near future due to decades of bad water management, overuse, population stress and climate change etc. The shared water resource are mostly governed by specific multilateral agreements / treaties etc entered into by concerned states. However, these agreements do not provide for concrete enforcement mechanism or default liabilities of non compliant state. Furthermore the agreements and treatise are often influenced by asymmetric political power connotations. When it comes to using a water resource, each riparian state wants to build dams, reservoir to achieve maximum utilization from water but ignores its adverse affect on other riparian states as well as the water resource itself. Absence of a dedicated regional institution for settlement of transboundary water dispute is to be noted too. The paper then explores and discuss key provisions of The Convention On The Law Of The Non-Navigational Uses Of International Watercourses 1977, which is the only global instrument which codifies modern law principles for settling dispute and sharing of an International Shared Watercourse. It also calls for harmonizing existing and future water agreements with the convention to make them more comprehensive by incorporating principles and measures such as equitable and reasonable utilization of water,obligation to not to cause significant harm, fact finding commissions and establishing a joint institution for dispute settlement. It is argued in the end that the convention ratified or otherwise can provide a way forward towards more peaceful settlement of transboundary water disputes while promoting spirit of cooperation and community of interest among nations with respect to optimal utilization and preservation of shared water resource. The same is necessary of present time and future generations

Corruption is the major challenge that denies the effectiveness of the institutions and the governments. Kofi Annan remarked, “Corruption hurts the poor inappropriately by diverting funds intended for development, undermining a government’s ability to provide basic services, feeding inequality and injustice, and discouraging foreign investment and aid.” Corrupt practices distract the very existence of electoral process. “Corrupt practice in any form is held as an incurable disease, a cause of many unfavorable problems which brings social and economic evils in the society and also damages the moral and ethical fibers of the civilization”. Corrupt practice in India is the consequences of the nexus between the bureaucracy, criminals and politics. Through the medium of this research, researcher tends to highlight the corrupt practices adopted by the person contesting elections in India. The research is comprehensive narrative about the corrupt practices followed in relation to elections in India.

India is a country of diverse religions and to offer freedom to religion to everyone, and for equality of faith, India changed into declared a Secular country. The word secular modified into brought into the preamble with the aid of way of the 42nd Amendment (1976). As in step with the written Constitution of India, India is an earthly state (India), and we as residents of India have to stand for it. Secularism way that everybody enjoys the entire religious freedom due to this that Government will now not compel all people to adopt any unique faith. Religious freedom is our critical right and is written in our constitution. Everybody has the freedom to publicize any religion, to espouse any religion or acquire any non-secular building. No particular religion is probably a concept in college textbooks. Secularism is the concept that government or other entities should exist separately from religion and/or religious beliefs. In one sense, secularism may assert the right to be free from religious rule and teachings, and freedom from the government imposition of religion upon the people, within a state that is neutral on matters of belief, and gives no state privileges or subsidies to religions. In another sense, it refers to the view that human activities and decisions, especially political ones, should be based on evidence and fact unbiased by religious influence. The purposes and arguments in support of secularism vary widely. In European laicism, it has been argued that secularism is a movement toward modernization, and away from traditional religious values It was Jawaharlal Nehru who gave currency to it in India. Hindu masses had not the slightest notion of what secularism meant or should mean. They saw it as an invitation for social and communal harmony and as a concession to the minorities. Ultra Hindu groups such as the Hindu Mahasabha and the Rashtriya Sweyam Sangh were hostile to the idea of secularism

Environmental aspect of Corporate Social Responsibility or in other words, Corporate Environmental Responsibility (CER) is a part of corporate function and duty for the restoration of environment, adoption of eco-friendly technology and green management of resources and welfare of the community who are directly or indirectly affected by the corporate action. Corporate Environmental Responsibility is an integral part of corporate social responsibility (CSR) and encompasses environmental commitment and awareness programmes, stakeholder engagement that measures, reports and audits, transparency, commitment to protection of environment. This paper examines the role of corporates in projects for environmental protection across the country and discusses various CER initiatives by the corporate houses. The paper further identifies various legal provisions governing the corporate houses for protection of environment and also recommends steps for environmental protection by the companies.

This research paper evaluates transaction cost theory and its impact on international business decisions of firms by evaluating Import/export vs FDI as market entry strategies. In this regard, this paper will adopt secondary data collection approach and identify a number of sources for collecting data from published sources. This research aims to successfully identify the efficiency of transaction cost theory for market entry decisions. By the end of this paper, it is expected that secondary sources will allow researcher to identify whether transaction cost theory is applicable for identifying effectiveness of market entry strategies and if it is effective, so which market entry strategy is appropriate out of FDI and Import/Export.

It is surprising to note that our Constitution is eerily silent on the manner of appointment of chief ministers by the governor in case of hung assembly. Equally astonishing is its silence on the conduct of floor tests in assembly. The questions and controversies about the role of governor remain multifold. However this paper focuses on his role under Article 163(2). I aspire to answer the following questions through this paper: What is the requirement to bestow the Governor with wide discretionary powers in case of a hung assembly? In case of a hung assembly, is the Governor bound to follow the constitutional convention to call upon the single largest party to form the government and prove its majority in the House? Or, as the court endorsed in case of Goa Assembly elections and then later even in the Karnataka elections, can a political rival cobble together a post-poll alliance to form a majority that overcomes the single largest party and form the government? Looking at the recent instances of hung assemblies in Goa, Manipur, Meghalaya, and even in Karnataka, can it be said that the political power in centre tries to manipulate the powers granted to the governor? Does this show kind of malice which could attract judicial scrutiny? Has the time arrived when in the interest of democracy we need to redefine the powers of the governor in order to stall the misuse of the same especially considering the institution itself is a British legacy flowing with its inception under the government of India Act, 1935? Lastly, I intend to provide suggestions to make the post of governor more accountable, reduce the influence of parties and most importantly creating a balance in the exercise of discretionary powers in case of need versus misuse of power.

The objective of this research paper is to dissect, China’s big-bang multiple programs of infrastructure development, (at the time when all eyes have been paying attention to the ongoing US-China trade war), amongst them its long term global investment strategy known as the Belt and Road Initiative (BRI) is the most ambitious project. China's BRI, surrounding the land-based Silk Road Economic Belt and the Sea based 21st Century Maritime Silk Road, is the largest polygonal transportation construction project of the world. With China taking giant leaps in investment and trade initiatives like Belt and Road initiative (previously called OBOR- One belt One road, now BRI is the official name for it, its economic and monetary influence on rest of the world with emphasis on East Asian countries, chiefly regarding trade and investment (Chan, 2018). With this huge project in action, China’s geopolitical profile has gone up significantly. In this essay, the researcher has tried to find out the hidden Chinese agenda behind debt-fuelled trade and industry expansion strategy and the curve of Chinese monetary and fiscal contemplation. (McCawley, 2018)

“Right to freedom of religion is not only a right guaranteed by the constitution but also at the same time is a duty expected to be followed, for the betterment and overall growth of the society.” The flexibility of religion does not imply that each individual can do what he feels under the shroud of the religion. It doesn’t imply that the religion is wild, free. The framers of the Constitution given some limitation on the flexibility of religion, with the goal that the profitable right of the opportunity of religion may not be abused. Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. As the establishing fathers were composing the Constitution, they trusted that administration should have been mainstream so as to keep the peace between religious groups, and they put forth an admirable attempt to make a statement with no religious desires

The Mental Healthcare Act, 2017 replaced the Mental Health Act, 1987. The new Act aims to align and bring harmony between the existing legislation with that of Convention on Rights of Persons with Disability and its optional protocol ratified in 2007 by India. The law has been praised as being revolutionary as well as an obstacle to adequate patient treatment. The new Mental Healthcare Act, 2017 represents a major leap forward in principles and has the rights and privileges of mentally ill people maintaining humanistic fervour. The new Act has several positive features like making advanced directive, aims to balance mental disorders with that of physical disorders and regulates the mental health establishments providing mental healthcare facilities. It also helps to define the role of police in ensuring protection of patients. Insurance providers were instructed not to discriminate against people having mental disease and one of the substantial steps taken is the decriminalization of suicide. This Act also has significant limitations. Indeed, some of these limitations directly contradict the values and principles stated in the Act. The restrictions can prevent from realizing the revolutionary principles of this new Act. There are glaring shortfalls and omissions in the name of adapting global principles to the Indian context. There are also various compromises made. It is unwilling to establish strong systems which provide the resources to implement the human rights agenda that is supposed to be enshrined in the new Act. This research paper not only focuses on the positive and the negative aspects related to the Mental Healthcare Act, 2017 but at the same time is focusing on the suggestive aspects which can be addressed in the mental health sector for effective implementation

The Judiciary has aided the evolution of the ‘Due Process of Law’ in India. The Judiciary has contributed its consequential role in the establishment of the supremacy of the Article 21 of the Constitution of India, and interpreted ‘procedure established by law’ as equivalent to the concept of ‘Due Process of Law’. It aided in the enrichment of the substantive as well as procedural laws and by the usage of the power conferred by the Constitution, the Supreme Court has managed to assist the Constitution in providing the protection to the citizens. The Judiciary has changed the perspective of Article 21 and expanded its dimensions and granted the basic rights to the people of India. The Supreme Court in the case of Maneka Gandhi v. Union of India, has expanded the scope of Article 21, in which the conceptualization has been changed, many new dimensions have been added to the ‘procedure established by the law’ and it is being read as the alike to the American ‘Due Process of Law’. The seven judges’ bench of apex court in Maneka Gandhi case upheld the contentions of petitioner that the procedure established under Article 21 should be “just, fair and reasonable”. The Supreme Court has expressed the inter-relationship between the Articles of the Constitution and for the establishment of the true and rightful meaning of the provision provided in Article 21; the Article 14, 19, 20, 21 and 22 must be read together in the consensus. The new dimensions can be summed up and expressed as the right to have ‘fair and speedy’ Court proceedings, that must be ascertained in the public, including the required ‘legal assistance’ through the ‘counsel of own’s choice’ and an induction of the principle of ‘Audi AlteramPartem’; it also includes the protection against ‘illegal detention’ as well as the ‘self-incriminating laws’; it also includes the safeguard against the ‘Ex-post facto laws’ and ‘excessive punishments’.

Manual Scavenging is a growing social problem especially in the urban areas of India. With its growth, the discriminations against the scavenging people also grow. There have been many instances of different kinds of harassments and tortures that they have to face from the society. Many deaths also happen due to the difficult strata of the work that these people do. The government of India has formulated various legislations to deal with all such issues related to the manual scavengers. Nevertheless, the plight and sorrows of these people have not come down. Under the backdrop of the present scenario, this paper tries to give a holistic understanding of thelaws dealing with manual scavenging and also suggests different recommendations in this regard

As the pandemic has made lives worse for everyone, one of the most impacted areas remain the economy of nations, which is adversely affected after lockdowns have been imposed by different nations. Already there has been a downfall in GDP of India, trade is seeing a fall of 12-32% till now. As there has no treatment yet found for Coronavirus, people are scared to come out of their homes and start working, it would definitely make the situations worse as no escape can be seen till now. It cannot be denied that international trade is one the most impacted sector, export and imports between nations has become a tough task also many are demotivating it because of the spread of virus. The loss caused to economy can become irreparable if proper measures are not taken considering the economy. Government has introduced measures for MSME industries, cargo movement, foreign trade policies and domestic industries. The article would discuss about the sectors which will be impacted by COVID-19, trade relations of CHINA-INDIA, changes made in foreign trade policy in benefit of importer and exporter and finally concluding with possible suggestions

Gender based violence is a serious issue which mostly affects women. Human rights violations on the basis of gender are prevalent in times of war and armed conflict. In most of the conflict situations, women are the worst sufferers. They experience violence, sexual slavery and other human rights abuses in times of armed conflict. Gender based violence gets complicated when the civilian women are targeted at times of armed conflict. They suffer at the hands of state and non state actors, and also the peacekeeping forces. They become most vulnerable and fall an easy target to exploitation for the reason of their gender, age and status. Gender based violence is a grave human rights violation, which violates the right to security of person and freedom from torture and cruel or degrading treatment. The state actors must respond and take responsibility of the victims of such gender based violence. Timely intervention must be made so that the victims can be provided the required assistance and can be rehabilitated. Victims of sexual violence in armed conflict must be given emergency relief and assistance. Despite this, there aren’t enough guarantees that protect human rights of women in armed conflict. The paper aims at exploring the international documents related to humanitarian law, the kinds of protection available at the time of armed conflict and finally an assessment of the current mechanisms safeguarding human rights violations

Online Dispute Resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect, it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process. ODR is a wide field, which may be applied to a range of disputes; from interpersonal disputes including consumer to consumer disputes (C2C) or marital separation; to court disputes and interstate conflicts. It is believed that efficient mechanisms to resolve online disputes will impact in the development of e-commerce. While the application of ODR is not limited to disputes arising out of business to consumer (B2C) online transactions, it seems to be particularly apt for these disputes, since it is logical to use the same medium (the internet) for the resolution of e-commerce disputes when parties are frequently located far from one another. ODR was born from the synergy between Alternate Dispute Resolution (ADR) and Information and Communication Technologies (ICT), as a method for resolving disputes that were arising online, and for which traditional means of dispute resolution were inefficient or unavailable. The introduction of ICT in dispute resolution is currently growing to the extent that the difference between off-line dispute resolution and ODR is blurry. It has been observed that it is only possible to distinguish between proceedings that rely heavily on online technology and proceedings that do not. Some commentators have defined ODR exclusively as the use of ADR assisted principally with ICT tools. Although part of the doctrine incorporates a broader approach including online litigation and other sui generis forms of dispute resolution when they are assisted largely by ICT tools designed ad hoc. The latter definition seems more appropriate since it incorporates all methods used to resolve disputes that are conducted mainly through the use of ICT. Moreover, this concept is more consistent with the fact that ODR was born from the distinction with off-line dispute resolution processes.

Patent works as a shield for a person’s new invention as it protects it from being manufactured, imported, and sold by someone else and a patent is granted for a fixed period of time by the government i.e. 20 years. If someone has made a new invention it is very necessary to get it patented because it gives one ability to protect his invention from being manufactured and sold without his/her consent from the date of issue of the patent. A patent provides the inventor exclusiveness as the inventor has the sole right of getting or obtaining profits from his invention for a period of 20 years. Patents adhere to a priority system which means that one who will get a patent for an invention first will have superior rights than subsequent patent holders. A registered patent holder has the power to grant a license to the people who want to use his invention in exchange of a royalty or fee and this feature of patent encourages people to become innovative and undertake more inventions because there is no better incentive than money which they can earn from licensing their patents. In its very inception of the research paper, the authors have dealt with the meaning and types of patents. Further, the authors have delved deep into understanding the evolution and rise of the patent regime in India. In the subsequent chapter, the process of obtaining a patent has been analyzed. The fourth part deals with the renewal process of a patent. In the fifth part, the authors have discussed about the restoration of a lapsed patent. The paper has been concluded with a critical analysis of the patent regime in India, and suggestions to improve the same.

Extra judicial confession refer to the ones where the accused makes a confession to any authority other than the Judges or magistrates. This includes the confessions made to the police men too. These confessions are not so reliable in nature. Only if the confession is proved to be voluntary, then it has the same effect of any other confession made by the accused. Landmark judgments on the extra judicial confessions have mentioned that extra judicial confession as a weak piece of evidence. This paper tries to analyze the concept of extra judicial confessions in general and the reasons behind the weak consideration of the same. Also the credibility test that is imposed on this confession is critically evaluated. The reasons behind the poor consideration of the extra judicial confessions as a sufficient tool of evidence is the first issue that has been dealt I this paper. Secondly, the ambit of this extra judicial confession is broader than the judicial confession under Section 164 of the Criminal Procedural Code but the credibility test imposed on the same is failed in most cases. It is the rare of the rarest circumstances when these confessions are considered to be a valid piece of evidence to proceed the case. This issue is being deeply analyzed in this paper. Thirdly the decisions of the court in appreciating these confessions is critically analyzed since there is a huge growth and positive approach by the courts towards these confessions recently

The entire society revolves around the concept of wealth and therefore the relationships that form out of this have various economics and political aspects attached to it. In the same way, temple treasures that have accumulated throughout centuries is related to various economic and political aspects. Further, it has another very important facet of human society weaved in; religion. Religion forms a very important part of life as it forms the basis of the entire thought process and belief system of the society. As was propounded by Auguste Comte, the development of society is seen through the development of the collective though process of the society. Further, the research paper will attempt at analysing the close relationship between religion and economics. As it is inherent to any institution to strive for becoming as large as possible, the religious institutions are the same and in this strive they evolve as one of the premier economic institutions. The research paper will therefore analyse the allocation of resources takes place in the context of the religious institution. Another major aspect taken into consideration is politics as the allocation of resources and wealth forms the base of most power structures and the paper will attempt at analysing how the power structure in religious institutions is different or similar. The presence of classwhich may stem from wealth or position in the power structure is also prevalent in these religious institutions. Moreover, the paper will extensively use the legal aspects of this relationship between the state and the religious institutions. Therefore, the paper will attempt at synthesising all these aspects to know whether the temple treasures comes under the authority of the state.

Criminal discovery v. The Right against Self-Incrimination has been a persistent debate when the topic of discussion is a Narco-Analysis test. I wish to understand the relevance of a Narco test in today’s scenario when the gravity of the crimes being committed have increased. It has always been so in the Criminal Law that the greater right must be leaned towards. The right of the society to live. To live in peace and security and with dignity. So, when the rights of the accused are pitted against that of an entire society, the former seem rather feeble. But even then, the courts take measure to equally weigh and protect the rights of the both the parties. How does one place the legality of the Narco test in such a scenario? The technological advancement that the test provides takes strands in providing justice and in increasing the conviction rate in India. In that case what should be the actual standard for judging the validity of the Narco test? Through this paper, I wish to analyze the validity of the test and the relevance of the test today in the light of the gravity of the crimes and the urgency to deliver justice. Research Objective -As a replacement of the torturous techniques used for interrogation, how valid and relevant is the use of a Narcoanalysis Test as an option to conduct a successful inquiry?

Indian society has historically been patriarchal and conservative. As a result, Gender stereotypes have existed since time immemorial. The purpose of this article is to analyze the role that education can play in eliminating this contemporary social issue. It aims at altering the existing education policy of India in this context. This alteration will aim at sensitizing gender identities by deconstructing stereotypical notions passed on to everyone in society since childhood through the current education policy.

Sixteenth Assembly of State Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) adopted three amendments to the Article 8 of the Statute by adding three war crimes namely the use of biological weapons, the use of weapons injuring by non-detectable fragments and the use of laser weapons causing permanent blindness. The present study critically examines the judiciousness and legitimacy of the inclusion of these three new crimes in the war crimes list mainly on two counts – the question of fragmentation of the ICC jurisdiction due to new weapons amendments and obligations to include only those crimes which are under customary international law in the ICC Statute. Subsequent analysis of the fragmentation issue, however, revealed that Office of the Prosecutor (OTP) has the independence to frame charge against any non-State Party who has committed new war crimes on the State Party. Reaffirmation of the judicial independence as included in paragraph 3 of the ASP Resolution ‘ICC-ASP/16/Res.5’ also advocates non-fragmentation of the ICC jurisdiction. Apropos of exploration of the jurisdiction of the Court beyond customary international law through inclusion of new war crimes, this study proclaims that the Court has every right to administer jurisdictional interpretation based on criminalization of conduct and to consider superiority of the ‘internationally recognized human rights’ if there is a norm conflict between the non-retroactive principle and the comprehensive statutory norms.

Throughout history, across cultures, children have always worked in a family structure. It is through this work that children are introduced to the society and largely acquire the social and practical skills required through life. However, there is a very thin line where the promotive aspect of working children translates into a detrimental effect on their health and development. This is where the term ‘child labour’ comes into existence. The exploitation of children for commercial and financial benefit has plagued today’s society. This has warranted the need for various labour law legislations which deal with child welfare and abolition of child labour. This research article is aimed at one of those provisions called the Child & Adolescent Labour (Prohibition and Regulation) Act, 1986. The article aims to give a comprehensive analysis of this statue by analysing various provisions and putting them in consonance with the international perspective. The article starts off by giving a brief overview of this legislation and a historical narrative to trace the origins of the legislation. Further, the article also deals with the scope and need of the legislation and the intent of the legislature while enacting it. Then the key provisions of the Act are analysed and a constitutional perspective is provided. The judicial interpretation of this child labour law is also narrated through various phases throughout history. The article concludes by providing suggestions for improving the current situation of law. The objective of this article is to sensitize the reader about the Child Labour Act and to help them form an informed opinion regarding the same.

Terrorism is spreading widely all over the world at a greater pace. Today terrorism doesn’t restrict itself to physical/ Bodily injury rather has been extended to the terrorism through the virtual world i.e. the cyberspace. When the information system of a nation is attacked which in turn creates a situation of panic and puzzle in the minds of the people of the country, it amounts to cyber terrorism. In today's world, the internet has become an essential constituent and intrinsic part to every factor from which a nation runs and relies upon whether it is economic, social, legal parameters, security and protocols of a country or an individual. This paper aims to discussing the concept of cyber terrorism in depth by explaining to the readers the varied ill-effects which are a result of cyber terrorism and what causes cyber terrorism. Additionally, this paper also puts light on the ways in which cyber terrorism can be suppressed or rather eradicated in an efficient and effective manner

The onset of the COVID-19 pandemic has brought in a paradigm shift in the economic and social structures of every strata of the society. Whereas the employers are figuring out new strategies to maintain a stable business, employers have to adapt themselves to the relatively new concept of ‘Work From Home.’ This article analyses the impact faced by three stakeholders – the employer, the employee and the government – and the viability of the ‘Work From Home’ model in the Indian context, considering the absence of any legislation to regulate its implementation. The article will study the status quo in the Indian business community so far, the existing infrastructure and various steps that have been considered by establishments for their own ‘Work From Home’ model and also analyse the response of the government in order to facilitate conduct of business for preventing major economic setbacks to companies. We also peruse through the legal aspects associated with contract, insurance, labour, privacy and workplace laws and how they impact the employer-employee relations in light of various notifications issued by several ministries for stable functioning of the economy. Supported by the latest data and surveys conducted by international bodies, this write-up will make a cost-benefit analysis of the ‘Work From Home’ model and its long-term viability in India as an alternative model of business which can bring to the centre-stage many a workforce left out of the economic business cycle.

The onset of the COVID-19 pandemic has brought in a paradigm shift in the economic and social structures of every strata of the society. Whereas the employers are figuring out new strategies to maintain a stable business, employers have to adapt themselves to the relatively new concept of ‘Work From Home.’ This article analyses the impact faced by three stakeholders – the employer, the employee and the government – and the viability of the ‘Work From Home’ model in the Indian context, considering the absence of any legislation to regulate its implementation. The article will study the status quo in the Indian business community so far, the existing infrastructure and various steps that have been considered by establishments for their own ‘Work From Home’ model and also analyse the response of the government in order to facilitate conduct of business for preventing major economic setbacks to companies. We also peruse through the legal aspects associated with contract, insurance, labour, privacy and workplace laws and how they impact the employer-employee relations in light of various notifications issued by several ministries for stable functioning of the economy. Supported by the latest data and surveys conducted by international bodies, this write-up will make a cost-benefit analysis of the ‘Work From Home’ model and its long-term viability in India as an alternative model of business which can bring to the centre-stage many a workforce left out of the economic business cycle.

Just as pillars strengthen the structure of a building, the judiciary, a pillar upholding a democracy, is no different. Corruption in the judiciary has been one of the most extensive and chronic problems faced worldwide by many democracies. Many countries have found the process of eradicating corruption to be very challenging. Because of its widespread nature, civil societies across the globe have normalised corruption and don’t mind indulging in the same. People responsible for the corruption are found both inside and outside the judicial system. On one hand the judicial officers, i.e. the judges, lawyers, prosecutors, and the court staff play a significant role. The primary reasons for their participation are found to be low compensation, greed and lack of monitoring. Judges participate in corruption by mainly interfering in the appointment and decision making process, while the other court staff indulge in many ways starting from witness tampering to personal gains. The common man, on the other hand, mainly indulges in corrupt practices for favourable and speedy decisions. There are a number of ways in which corruption is practiced. In India, however, it mainly pertains to either bribery or political interference by the executive or bureaucracy. The continuation of such practices will result in the collapse of democracy. Moreover, public confidence in the delivery of justice will be shattered. The research questions that are to be addressed and answered are why people indulge in corruption, what leads them to resort to such practices, the consequences of such practices, and what can be done to curb the issue

Purpose: The purpose of this paper is to understand what CRM is and to lay special emphasis on Mobile CRM. It deals with the benefits of using Mobile CRM since a study carried out by Innoppl Technologies said that 65% of sales representatives using mobile CRM have achieved their sales targets as compared to 22% of sales representatives using traditional CRM methods. This paper also deals with the implementation of mobile CRM by a few reputed companies globally. Research Implication: This paper provides a preliminary understanding of the evolution of modern CRM which led to the establishment of Mobile CRM. It also highlights the need to opt for a more portable and customer centric approach towards CRM which is mobile CRM and not the use of the traditional desktops and computers for performing CRM activities. Originality: This paper is completely original and has been written from scratch by the researcher with the knowledge and perspective obtained by reading various other research papers

The government only continually urges women to be safe, but rarely educates men not to rape. These acts, as trivial or "in-passing" as they may be, it is undoubted that these statements reaffirm and justify these acts of Violence Against Women in the minds of the general public. Violence Against Women can take many forms. They can be general widespread practices, or certain customary practices restricted to certain areas and groups of people.

This paper focuses on comparative advertising and how is it defined in India and United states, what is trademark and trademark infringement . It will help to disclose the various dimensions regarding comparative advertising and its impact on the registered trademarks of the owners. The relation between the comparative advertising and trademark infringement along with various relevant Articles and sections of the Trademarks Act , 1999 and Monopolies and Restrictive Trade Practices, 1984. How Comparative advertising effects the consumers’ .This paper is also discusses about the Comparative advertising and trademark infringement not only in India but also outside India along with the various relevant judicial pronouncements.

Section 2 (1)(m) of the Trademarks Act, 1999 talks about ‘mark’. It means that which marks are considered as Trademarks. Further moving on Section 2 (1) (zb) of the Trademark Act, 1999 elaborates about, what is Trademark On the basis of its graphical representation. Talking about Non Traditional Trade Marks and its registrability, Article 15 of the TRIPS Agreement, 1995 says that marks such as sound, scent, shape etc. are capable of being registered. If we look at some International Treaties then those treaties has talked about the nontraditional trademarks in a widest sense and because of that the importance of this type of marks has increased. Smell Marks are associated with food, chemical or any perfume also. And it has been laid for the first time in USA in the case of RE Celia in 1990 that smell marks are considered to be a Trademark and when we talk about registrability again WPO has given its guidelines about the same and has said that it can be registered. Coming down to protection given to Non Traditional Marks in USA and India both the countries have different perspective about the same. In USA the Lanham Act, 1946 gives protection to such marks. And in India it is considered under Trademark Act, 1999.

The following is a brief analysis of the topic titled ‘ Union Budget- An analysis of Educational Sector’. This topic has been read, summarized and analyzed broadly under the following heads:- Introduction, Ministry of Finance, Time of budget announcement, date of budget announcement, halwa ceremony and budget briefcase, analysis of educational sector budget, missing by Finance Minister, other sector budget, reaction of the budget and stock market. Union Budget is a budget of one year prepared by Finance Minister every year. The budget includes expenditure and spending on every sector. Sectors including education, industry, health, infrastructure, agriculture and so on. For example- Like in our family, Mother planned budget for one month, how much we spend on food, entertainment and so on. Similarly, Finance Minister prepared budget for one year. In this budget all the sector includes. This year budget was prepared by Finance Minister Nirmala Sitharaman.

This abstract seeks to bring out the study of licensing/ agreement under IP law; reliefs and remedies. Nowadays, License and agreement has been considered as the spine of the MNC’s across the globe. Having an ownership of rights over intellectual property provides plus point in growth of shares, generating profit, leveraging, creating goodwill etc. Nowadays it has been mandatory for all the MNC’s to get it in their name for maintaining inventiveness which leads in speed growth. The simple meaning of intellectual property is “providing someone’s idea, imagination, invention, creation etc. which is in some form that can be protected under any law from being used by someone else without the owner’s permission”. These are said to be legal rights that allows the owner to do exploitation of the creation done. Intellectual property rights in India are governed under several Acts such as; Indian Patent Act, 1970, Trademarks Act, 1999, Indian Copyright Act, 1957 and Designs Act, 2000. These Acts provide security to the inventor or owner of the intellectual property and if any infringement came in light then it provides remedies. Licensing/ agreement are the main key aspect of Intellectual property that gives power to the creator of the work to give it to someone else for a certain period of time. The researchers would like to review all the related articles and data's of various such incidents and occasions to draw an inference about the present situation that can be helpful in resolving the disputes among the parties that has been taken place by the way of existing laws and what changes are required for maximizing the outcome of such polices. In the light of above stated research methods researchers would like to attain a conclusion that now is the high time for the concerned authorities, legal professionals, jurists and general mass to discuss about the process of resolving the matters and come out with solutions which is most probably new legislation or better enforcement of existing provisions for ensuring the fact that the state is primarily responsible for taking care of the underprivileged ones and the fact that the justice should be provided to one and all.

In order to maintain the business entities for a long period, they framed rules and assign some duties and responsibility for its further existence through companies act. The companies act has a long history and after several amendments’ companies act 2013 is in prevalent. Nothing in this world is perfect and it involves both positive and negatives. In the same manner companies act has both pros and cons. This article deals with the need for companies act and some important drawbacks under the companies act 2013 and discusses the amended sections in that particular topic. Along with that it mainly aims at the comparison of U.K. Companies Act 2006 and Indian companies act 2013 in some of the major areas.

Domestic violence is a very well known and most frequent toward women’s across the globe. Domestic violence against women is understood as a situation supported and reinforced by gender norms and values that place women in a subordinate position in relation to men. It is an blatant expression of patriarchy. A situation like COVID-19 has been a shadow for the growing crimes against women; domestic violence has not only a public health issue but also a human rights crisis. Through the course of this paper I have dealt with the domestic violence amidst outbreak of COVID-19. I started by putting that how of domestic violence have increased in this pandemic situation, and then analyzed whether the steps taken by the government are in balance with the Protection of Women from Domestic Violence Act, 2005 and determines challenges that lie specific to our country. I have also stated how NGO and other international countries are providing redressal mechanism for the intimate partner violence. I have also highlight the problem how drinking of alcohol has increased the number of domestic violence cases. I had towards the end concluded some of the effective measure that should have been taken by our country and if implemented with care it shall help us to solve this crisis

This paper at the outset, sheds light on the emergence of ‘equity billing arrangements’, wherein lawyers and law firms are reimbursed through equity in a company instead of cash, for legal services rendered. This paper at the preliminary level seeks to understand the legal regulation surrounding equity billing arrangements, from the its inception in the United States to its governance in India. The paper will delve into the professional rules for lawyers in both countries, and analyze the respective provisions that regulate legal compensation. Following the establishment of its legal position in both countries, this paper deliberates the ethical issues arising from this billing arrangement, and the obligations it poses on lawyers and companies alike. Lastly, this paper establishes the need for clarification by the Indian regulators on the legitimacy of these arrangements, and the manner in which they ought to take place.

The research paper talks about the detailed analysis of the judicial approach to the dilemma between freedom of press and right to privacy. Freedom of press comes under the wider umbrella of freedom of speech and expression. The concept of Fundamental Rights has raised in order to protect the individual rights against the excess of the state. The Fundamental rights protect and aim to protect the individual form of injustice and oppression. The idea of such rights is to ensure that a person may have a minimum guaranteed freedom. The concept of fundamental rights has emerged from the “Constitution of USA drafted in 1787”, therefore the concept of fundamental rights represents a trend in the modern democratic thinking. It also ensures basic civil rights. In all the fundamental rights “Freedom of speech and expression” is considered to be the first condition of liberty. The researcher tries to link the freedom of speech and expression of the press to right to privacy and defamation. Under, freedom of press the paper also explain the concept of yellow journalism or fake journalism and its effect of freedom of press and right to privacy

This article will focus on the other side of the coin i.e. the real impact of putting sanitary napkins under zero percent GST slab. After much protests, Court cases and social media outcry, the Indian Government did so with a view of keeping these sanitary napkins affordable to all but in reality, this decision is bound to make them more expensive. This step is a direct blow to the domestic industries dealing in the manufacturing of these sanitary napkins as there is no Input tax credit mechanism available to the manufacturing. The manufacturers are still paying the GST on other materials required to make sanitary napkins and with no ITC available, the rates of these napkins are bound to rise

The research paper deals with the children’s human rights in India. Children are the future custodians of sovereignty, rule of law, - justice, liberty, equality, fraternity and finally international peace and security. They are the potential embodiment of our ideals, aspirations, ambitions, future hopes. They are the ‘future shoulders’ in the form of great philosophers, rulers, scientists, politicians, able legislators, administrators, teachers, judges, technologists, industrialists, engineers, workers, planners on which the country would rest. Human Rights Instruments specific to the rights of the child: The Declaration of the Rights of the child 1924, adopted by the fifth assembly of the League of Nations, can be seen as the first international instrument dealing with children’s rights. Children are a human resource, invaluable but vulnerable. The paper will deal with the laws applicable in the India. It will answer the questions as to What were the initial provisions before the Act?, What is the JJ Act?, What is the influence of the Act? The objective behind the paper is to understand the Initial provisions, to understand the JJ Act., to understand the influence of the act

Every legislation is made for the benefit for the citizens of any country, directly or indirectly, in a welfare state. This is because the intention of legislature is always to make such laws which will either, in the form of new law or changes of the previous one, to tackle the new complications came into existence or make it as per the contemporary social need respectively. In the words of interpretation such process is properly known as supressing the mischief and advancing the remedy. Then the primary question which arises is whether all the legislations are beneficially constructed by the court and if not then why. Further as the Court always have a duty, firstly, to abide by the textual interpretation because it is presumption that the legislative words are itself the intention of legislation and no need to go beyond that. Then, secondly, the Court applies any of golden, mischief or purposive rule of interpretation for finding the intention of legislature. The Court thus anyway have to bind by the intention of legislature and the beneficial rule of construction gives a wider scope to match out with the intention by giving wider interpretation. Therefore it can be rightly assumed that such beneficial legislation certainly have a larger public interest and more welfare ambitions. In light of beneficial construction or interpretation the court read the text differently but even thenit doesn’t allow the court to legislate the laws because it is not a competent authority to do so

This article tries to explore the genesis and notion of plea bargaining and present state of remedy in India post the Criminal Law Amendment Act, 2005. Further it brings in suggestions for a better implementation of the Amendment. The article also throws light on how the Indian Judiciary has implemented the concept of plea bargaining. The article concludes that the amendment has been implemented in an extremely conscious manner and it is time to explore the wide impossibilities that plea bargaining has to offer. Plea Bargaining is introduced with the objective of lighten the courts of the burden of pendency of cases and speedier disposal of cases. As we all know, our judicial system is very powerful system around the world but having serious problem of judicial backlog and pendency of cases. Conviction rate is also very low. This paper analyse the process of Legislature to incorporate this concept on recommendations of Law Commission of India. Author tries to analyse the views of Supreme Court on plea bargaining with the help of cases. He also tries to trace the history of the concept of plea bargaining. Efforts have been made to lay down the procedure of plea bargaining in our criminal justice system. Further this paper talks about the defendant’s as well as prosecutor’s or Judge’s incentives for accepting Plea Bargaining and also find out the drawbacks of this concept. Finally author concludes by saying that there is need of strong mechanism or safeguards to make this concept more effective or to overcome the criticisms and to fulfill its desired objectives.

During the wee hours of 7th May, 2020, a major leak of Styrene gas occurred from a polymer plan near Visakhapatnam, impacting villages in a five-km radius, leaving many people dead and scores of citizens suffering from breathlessness and other problems. The National Green Tribunal took the cognisance of the gas leak incident and suo moto began a probe into the matter. By the order dated 8th May, 2020, the tribunal observed that LG Polymers had prima facie not complied with the provisions of the Manufacturer, Storage and Import of Hazardous Chemical Rules, 1989 and accordingly said that the principle of ‘strict liability’ would apply in this case to determine their liability for the incident. While the NGT’s proactiveness is laudable, the application of the ‘strict liability’ rule in this case is a matter of concern.

This research paper evaluates transaction cost theory and its impact on international business decisions of firms by evaluating Import/export vs FDI as market entry strategies. In this regard, this paper will adopt secondary data collection approach and identify a number of sources for collecting data from published sources. This research aims to successfully identify the efficiency of transaction cost theory for market entry decisions. By the end of this paper, it is expected that secondary sources will allow researcher to identify whether transaction cost theory is applicable for identifying effectiveness of market entry strategies and if it is effective, so which market entry strategy is appropriate out of FDI and Import/Export.

Ever since the advent of DNA Profiling, criminal investigation in forensic science has been completely revolutionised. Now, not only can the fingerprinting technique accurately identify and individualise the culprit, but also can it help determine paternity in civil disputes. But how is it that such a minute molecule such as DNA, help answer some major perplexing questions? The answer lies in the fact thatDNA is the basic building block of each and every organism, be it the smallest of viruses or an organism as complex as the human being itself. It is present in each and every cell of the body and surprisingly so, no two individuals share the same DNA sequence. The paper begins bydiscussing the meaning and role of DNA and the process of conduction of DNA Profilingalong with a discussion ofthe different techniques applied thereto. It even delves into the historical aspects of DNA Analysis and critically evaluates this technique in light of the major qualitive and legal aspects. The paper is an argument as to how Forensic DNA Analysis has introduced several positive changes in the criminal justice administration, while on the other hand, it also discusses the emerging legal issues pertaining to the same in India and across the globe.

Mother Teresa rightly said - “The greatest good is what we do for one another.” Surrogacy and Assisted Reproductive Techniques (hereinafter referred to as ‘ART’) have proved to be encouraging treatments for infertility all over the world. They have the potential to solve numerous troubles that are faced by the infertile couples and their families. Nonetheless, in India, the issues of Surrogacy and ART have always been a bone of contention due to the medical, social and gender notions attached to them. Surrogacy and ART pitches the taboos of childlessness against the fears of commercialisation of the female body. In India, Surrogacy has often been condemned as it can lead to exploitation of vulnerable women. On February 19, 2020, the Union Cabinet of India approved the Assisted Reproductive Technology Regulation Bill 2020 (hereinafter referred to as ‘The ART Bill’). The ART Bill is the latest in the line of proposed legislations, namely the Surrogacy (Regulation) Bill 2020 (hereinafter referred to as ‘The Surrogacy Bill’), and the Medical Termination of Pregnancy Amendment Bill 2020 which have been approved by the Cabinet. The author of this research paper intends to discuss the hypothesis and legal position of the practice of Surrogacy and ART vis-à-vis the Indian context. The author while focussing on the mythological and historical perspective of Surrogacy and ART has thrown some light on their possible ramifications in a country like India. The author has made use of the doctrinal method to search for the grounds related to the topic. This research paper is completed by the use of primary and secondary sources such as statues, judgments, reports, journals, and books available on the concerned topic

Corporate bodies are separate legal entities capable of owning properties, entering into contracts, and suing or being sued . These corporate bodies being artificial and not natural entities, pertaining questions often arise whether the corporations are entitled to the same fundamental rights guaranteed by the Constitution or to other Convention as available to natural entities. Frequent question also arises regarding to the nature of corporate personality and the theories relating to the same. In general terms, it may be seen that certain rights are available to citizens only in case of Article 15, article 16, Article 19 etc.of the Constitution of India. Therefore, the concept of citizenship and nationality are also important aspect for understanding that why certain rights are not available to companies under the constitution of India. This research has been divided into three parts. Firstly, the internal division among fundamental rights as guaranteed by the Constitution of India is noted as based on the concept of citizenship in India. Secondly, the judicial precedents as set by the Indian Courts in interpreting the constitution and determining that which fundamental rights are available to a company incorporated in India. Thirdly, a comparative study on status of the company in relation to the availability of fundamental rights to them is done in respect of United States and Europe. The paper therefore seeks to critically study the fundamental rights available to the companies from a case study viewpoint.

The doctrine of Separation was coined by Aristotle and further developed by Montesquieu. The doctrine talks about division of power among three forms of government i.e. Legislature, Executive and Judiciary in order to maintain effective form of government system as well as to keep check and balances within the three forms of government. The main idea behind the concept is to have a transparency in the mechanism of government and to assure liberty of citizens with effective implementation of all the law formulated by the State.The paper will trace out the history from where the concept came into existence and how successful it has been till date. The paper will be focusing on various countries where the doctrine is applicable and how the doctrine has been proved to be an effective mechanism in assuring the liberty of individual. The paper will also look into criticism of the doctrine as to why some country has not adopted it completely and why this mechanism has proved to be not that successful as it was supposed to be. The concept is quite effective in theory but cannot be applicable completely practical life due to some loopholes, the paper tries to point out the reasons of its applicability or rather say, failure.

This research project is aimed at finding answer to the question: whether death penalty is revenge disguised as justice or itself a social necessity of the day? At first, an introduction to the topic is discussed which focuses on death penalty as a mode of punishment and the relevance of the topic per se which is greatly inspired by PinkiAnand's book “Trials of Truth" where she asks this question out to the readers. Following this, the evolution of capital sentencing is traced through the history of mankind, how it has developed from one civilization to another, from one law system to another. Thereafter, an elaborate discourse is provided on the existence of death penalty in the Indian Law System particularly in the Indian Penal Code through a lot of offences in the IPC punishable with death. Following, there has been a discussion on the Constitutional validity of death penalty and whether at all death penalty violates the provisions of the constitution especially the right to life and liberty of individual or not. Thereafter there has been a detailed discussion on how the concept of ‘rarest of the rare’ evolved through the various decisions of the Hon’ble Supreme Court. The research paper finally ends with the answer to the question whether we should continue the practice of death penalty or abolish it in to.

Women constitute half of the Indian population and for the growth and well-being of her family; she performs various responsibilities in her matrimonial home. In spite of all this, after the breakdown of marriage, she receives inadequate support from her matrimonial home in the name of maintenance. Right to Matrimonial property is one of the important issues in the institution of marriage. A marriage is a partnership of both the spouses, where both of them contribute equally in building a home. The author in this paper has tried to analyze the issue rationally. The paper will explain the concept of co-ownership and separate ownership of the matrimonial home and will also suggest some ways as to how the property should be disposed off between the spouses. The author aims at reaching out to the society and telling that right to matrimonial home would be more concrete if it is made a property right instead of personal right. It also explains as to why personal rights are less secure than property rights. After explaining about the existing matrimonial property rights of women, the author also speaks about the ambiguous nature of Section 27 of the Hindu marriage act and how it has failed to provide the rights to a woman. With a help of case studies the author has analyzed the current scenario of whether the existing laws are providing equality to women. The paper also gives recommendations to the legislature for the disposal of properties between the spouses and aims at stressing on gender equality and upliftment of women in the society. The paper also focusses on economic independence of women after the breakdown of a marriage as it has already been recognized that economic independence is a catalyst to the gender equality in the country.

The founding fathers of the Indian Constitution always had secularism as a foundation of a democratic India. Secularism means the acceptance and respect of all the religions in a country without any coercion and minimal interference of state in the religious matters. A country is considered secular only when the state without any discrimination, considers the value of each religion and empathize towards the people to profess any religion of their choice. In a country as diverse as India, there are several religions and communal groups with various interests, belief and faith. There is a possibility of religious conflicts in India, since the interest of one religious group may be violating other groups faith. In such a situation the state plays an important role in regulating the acts of the people, protecting the religious beliefs and preventing the destruction of lives and property. The philosophy of secularism has been analysed in this paper. The meaning of secularism has different interpretations but is same at its core, i.e. freedom of religion with no state interference.The meaning and importance of secularism of secularism in India has been understood. The paper focuses on the Constitutional relation between state and religion in India. The view of secularism in India is different. There is no strict separation between state and religion. The state interferes when matters of religion affect the peace of other living beings. Indian constitution provides a blend of secular and non-secular features which has been focused in this paper in detail. Further, an analysis has been drawn upon the role of the state in affairs of religion prior to the adoption of the Constitution in India. Before the British and during the British Indian period, the role of religion in state and vice versa has been looked into. The present situation of the relation between state and religion has been inferred, with reference to the in secular acts of the religious groups in the country. The post constitution role of state in religion is also the focus of this paper. What was considered supreme for governance of the people is now governed by the state for welfare of society at large

“Feminism isn’t about making women strong. Women are already strong. It’s about changing the way the world perceives that strength.” – G.D. Anderson Dating back to ancient times, the status of women pertaining to equality had been quite deplorable. Instances derived from mythological events showcase the adverse behavior and conduct to which women are subjected to. The incidents of sexual abuse and rape with women have increased exponentially with time. Due to the tolerance of such events by the society, and normalizing them over a due course of time, the emergence of rape culture takes place. This article would provide an insight about the victimization of women, status of them in society, cause behind such despicable incidents, and the legal provisions enacted to protect, and upheld their rights. Keywords – Equality, mythological, Sexual abuse, rape culture, victimization.

The Merchant of Venice by William Shakespeare speaks volumes about how his perception about race was. Othello has been criticised for being racially driven. Keeping these instances in mind, the paper will be glancing at Shakespeare from a different perspective than how most scholars put him in. Many of Shakespeare’s works have shown signs and traces of this kind of discrimination, and the paper will aim to provide an account of these works, and how they have highlighted the issue. The papers deals with the objective to find the instances of racism that we have observed in Shakespearean plays like The Merchant of Venice and Othello among others, the climate with respect to racism in Tudor England that prompted Shakespeare to write in such a way and to know How these plays been looked at and critiqued by various scholars and interpreters? The paper is divided into four broad headings, the second and the third culminating in the fourth. The first chapter deals with the introduction to Shakespeare and his plays, with reference to the atmosphere that prevailed when he was a literary mogul. Further, the second chapter analysis the concept of racism in The Merchant of Venice, and how it affects the characters and storyline of the play. The third chapter deals with the analysis of racism with reference to Othello, and how it manifested due to societal pressures and stereotypes. The fourth and final chapter deals with the comparison of the two plays, and the climate in which they were written. This will also contain final remarks about the topic.

It has been 7 years since the legislation specifically dealing with acid attack offences was released, given the sociological conditions in India which allowed perpetrators to easily escape the repercussion of throwing acid on a person, the most common victim being a woman who had suffered such a fate for spurning the advances of a man, rejected dowry demands, or had been insolent in following her husband’s lead. Whatever the reason, even internationally it has been accepted that acid attacks are a gender-based violence. This paper intends to pursue the international developments in the fight against acid attacks, especially in countries such an India, Cambodia and Bangladesh, which have been focal points for crimes of these stature. The paper explains the practical repercussions on the body and mind of the victim, and the loss of social and economic life which is a near about certain outcome of the attack. The paper tracks the legislative cases before and after the passing of the Criminal Amendment Act, 2013 in India and exploring whether there has been a change in the standards of inclusivity in the society after the passing of the legislation. The paper further seeks to understand whether the compensatory and retributive framework has changed in the recent judgements of the judiciary. Lastly, the paper tracks the position of acid attack legislatures in various countries, record the progressive changes therein, and determine whether India may take inspiration from the other hot spots in curbing the rampant acid attack offences in India.

The doctrine of separation of power essentially demarcates between three organs of the state namely, legislature, executive and judiciary. The basic duty of the legislation is to make laws, however there are certain limitations to its law making power which is the basic foundation of ‘Doctrine of Colorable legislation. The doctrine becomes handy for the courts to determine the legislative competence of the legislature when it comes out with a legislation. In this article the author shall explain the doctrine and trace the evolution of Indian jurisprudence on this doctrine. Further, he looks at the scope and limitations of the doctrine.

Social Justice is an essential ingredient required for ensuring the protection of women’s interest & gender equality. It is a pre-requisite for maintaining sustainable and encouraging sustainable economic growth. Social Justice refers to the attainment of laid down socio-economic objectives by the legislature. Since a very long time, the women workers have been discriminated in the matters of employment, wages, etc. and the fulfilment of gender equality principle was not even realised at the hands of the judges. In order to improve the condition of the women, significant roles must be assigned to them. Being a scientifically proven fact that women are biologically different from the men, equality here signifies equal role while understanding this fact but the differentiation in terms of salary or wages is a matter of discrimination. This issue was administered by enacting various pro women workers legislations such as The Factories Act, 1948 with the amendment act of 1987, The Maternity Benefit Act, 1961 along with its amendment act of 2017, and The Equal Remuneration Act, 1976, etc. Along with these legislations, the State has been directed by the Constitution of India to create special provisions in this regard. The SC has also tried to secure gender equality by interpreting the various articles of the Indian Constitution and thus prohibiting the use of any discriminatory policies with regard to women employment. With the help of the provided introduction above, the researcher by way of this paper has tried to highlight the various provisions related to labour laws in the context of women workers and how is it working towards ensuring and preserving the socio-economic justice in the society and maintaining gender equality and raising their standards of living.

Is climate change real? This is the question everyone is asking about climate change. Climate change has already had observable effects on the environment. Glaciers have shrunk, ice on rivers and lakes is breaking up earlier, plant and animal ranges have shifted and trees are flowering sooner. Effects that scientists had predicted in the past would result from global climate change are now occurring: loss of sea ice, accelerated sea level rise and longer, more intense heat waves. According to scientists it is acceptable if the earth’s temperature rises by 1.5 degrees by the end of the century or even 2 degrees is acceptable but with current situations this target would reach by 2030 only, which is an alarming situation. Increases in sea level, rising of temperature due to global warming, greenhouse effect, growing population are all causes of climate change. If the nations did not take some measures to control all the situations then this will result in many climatic disasters to the world. Agriculture sector contributes to the major sector of the Indian economy. Government in India is taking every precaution and measure to prevent or to adapt the climatic variation for agriculture. Due to climatic variation millions of tonnes of crops are destroyed every year, which is a problematic situation like India with a huge population. In the paper, researchers discussed many problems with agriculture in India and what the government is doing to tackle them. Measure like adaptation and mitigation is also discussed in the study and how IARD is doing its work in this field

Migration is a process that arises from the inherent desire of a human being to develop and prosper. Many people address it as a result of social economic conditions but it also has a psychological portion that is need for better life. History of mankind makes it clear that migration was a driving force of our development. So it is definitely a positive process, Even though some people make it negative by spreading ideas of class superiority or supremacy. Most of the developed nations achieved development by support of migrants. Every country has the responsibility to safeguard people in their territory but problems arise when they start prioritising one with other. So to face this issue international bodies came forward and put up certain rules. The issue of migration is more complex with people who came for a shelter other than the above mentioned reasons. People who ran away from violence are facing humiliation in the other country as well. The question of humanity is loud and clear here. Our world which is broken into fragments called countries running the race to become first does not encourage these migrants so international law also limits rights by drawing some boundaries. Several agreements are made to ensure basic human rights. These agreements prove to be unsuccessful in providing a sense of belongingness to them. There are also laws dealing with migration at regional and national levels. Sometimes these laws do contradict each other. None of them seems to conclude their problems in full sense. Situations like global pandemics and economic letdowns challenge the security of job. Most of the migrants are emotionally attached to their home that also needs to be considered. Laws on migration need to be more progressive

The practice of abortion is been prevalent in for so long in our society and now has taken different forms in political, social and cultural context. As per one class of society abortion is a woman’s human right i.e. a controversial right in third world countries like India and South Africa. Restrictions imposed on said human right is in name of ‘mother’s right to health’, in context of few countries, while others restricts it in name of ‘embryo’s right to life’, increase in female foeticide and moral and social restrictions. Often, Legislature and judiciary has struggled to strike a balance between the rights of pregnant women and the rights of foetuses. abortion laws and practices in different nation, often leads to complex cases and policies governing when and under what circumstances a woman may legally have an abortion rights and thus, judicial intervention plays crucial role. When abortion is safe, simple and undeniable available on the woman’s will in affordable and accessible manner. Considering this perspective, few existing laws justify purpose. However, the laws of India and different nation making efforts to balance rights of women of abortion and rights of foetus. As in India Abortion and Reproductive Autonomy of women is in conflict with personhood of foetus. Though Indian judiciary is making efforts to make women to have abortion more liberals and is trying to make harmony of laws to facts of exceptional case. The aim of paper is to provide a wide view of laws and policies on abortion and right of foetus around the nation of India, USA, South Africa. Comparative Analysis of laws and extent of right recognised and accepted freely by India, USA, South Africa. Judicial and legislative proposed possible recommended changes which try to settles conflict of rights.

Today, India comes under the category of countries being one of the most unsafe place in the world. While we extensively talk about how women are deprived of their human rights in public, work place, or home, we often neglect how the worst manifestation of violence begins from their very bedrooms; a place which is supposed to be the most protected and intimate zone in a person’s life. Its more unfortunate that even our laws don’t acknowledge heinous offences such as marital rape to be a crime as according to the existing jurisprudence a spouse cannot rape his wife. Further, the State has tried to justify not criminalising marital rape by giving reasonings such as how criminalising shall destabilise the institution of marriage, subsequently tarnishing the sanctity of a matrimonial sphere and to having already existing alternative remedies in law for women. This paper shall depict how these arguments against criminalisation marital rape are erroneous. Through an analysis of the inception of the marital rape exception clause and analysing Article 14 and 21 of the Constitution of India, it shall be argued that the marital rape exception clause found in the Indian Penal Code, 1860 is wholly unconstitutional. Further, it shall be duly noted that there is a the lack of existing alternative remedies for a woman to seek redress under if she is raped by her husband, thus concluding that criminalisation of marital rape is wholly necessary.

Law keeps a check on human behaviour. It categorizes them into criminal and noncriminal behaviours. In usual parlance, a person is held to be liable only if he or she has personally committed a crime. Detouring from the usual concept, the concept of Abetment says, that he who has helped the criminal or provided him with any assistance in any form can also be held to be liable. Section 111 of the Indian Penal Codecontinues the development on abetment laws around the phrase “each man is deemed to intend the corollary outcomes of his act.” If one man actuates another to execute a specific wrongdoing, and that other, in pursuance of such instigation, executes not just that wrongdoing but carries out another wrongdoing in advancement of it, the former is criminally liable as an abettor in regard of such last mentioned wrongdoing, in the event that it is one which, as a person with the intelligence of a reasonable man, at the time of inducement would have known to be committed in order to carry out the original crime. This article seeks to gauge the development in the attitude of the court to towards abetment laws discussing the origin and jurisprudence behind Section 111 of the Indian Penal Code in the first segment followed by critical analysis of the provisions of the said law in the next segment along with research questions and conclusion in the final section

This research paper focuses on evaluating the criteria based on which quantum of exemplary damages are awarded in India. It traces the history and evolution of exemplary damages determining the cases and expanding the scope of how it is awarded. Beginning with the basic reason to award such damages and answering the ongoing debate pertaining to exemplary damages in torts. Further through a comparative study between India and the Foreign Countries. This paper traces through case laws the standards or criteria that are evaluated before awarding such damages. The second part of the paper talks about examining the criteria that have been applied in Indian courts. It talks about the cases where courts have awarded damages without considering any such criteria based upon the discretion of the bench. Through the research done and critically analysing the situation, this research paper passes on recommendations that would help to decide the right quantum of damages that are to be awarded in different circumstances.

Intellectual Property is a valuable intangible asset for any business and thus, it is important to ensure its protection in the best possible way. Copyright is one of the types of Intellectual Property protection granted to a creator providing him with exclusive rights over his original artistic and literary creation. However, in this golden age of digital information, management of ever-growing information has caused the paradigm shift from Closed Access to Open Access which in turn is contributing to the extended facets of access policy and is believed to be adding strength and value to knowledge management which is one of most prioritized concerns of information sector. Any research result or information activity or pragmatic motion which is a product of knowledge process, basically propose to reach the every possible intend user. Transpired from the radical activism of free software movement which is responsible for bringing the programmers from all around the globe under one roof, against the backdrop of Internet, new technologies and the intangible properties, Copyleft is an agreement promoting free sharing of ideas and knowledge with an objective to encourage inventiveness. This paper attempts to unfold the ideology behind the newfound Copyleft laws in the first segment, along with by a deep insight into the relevant provisions regarding Copyleft licenses in the next segment followed by a critical analysis of the said provisions and concluding remarks in the final segment

A major area of concern all over the world is the hazard of Municipal Solid Waste (MSW). A rapid increase in Municipal Solid Waste (MSW) is witnessed in our developing country, India that is gearing up for expansion and rising in population. A system that carries out the generation of waste, storage, collection, transportation, processing and final disposal of the solid waste is called Solid Waste Management (SWM). This service is rendered to the society by the Urban Local Bodies (UBL) in our country India. The Solid Waste Management (SWM) is a major problem for the local bodies in urban areas of India as industrialization; urbanization and rise in the economic condition are seen responsible for the increase in generation of Solid Waste Management (SWM) per person. The paper aims to throw light on the practices of solid waste management, the issues faced because of it, the existing scenario of MSW, the steps taken by the Surat Municipal Corporation and the legislations of SWM 2016 associated with the system of waste management in Surat. Recommendations on how to effectively manage the waste, the innovative and modern techniques employed by the Surat Municipal Corporation under the regulations of MSW 2016 have been discussed here. The data has been taken from the records of Surat Municipal Corporation. Several lacunas in the present system of Solid waste management of Surat have been observed as per the SWM rules 2016.

The Common Law maxim “Rex Non Potest Peccare” which means that The King can do no wrong provided absolute power to the state in that neither the state, nor could its employees or on the other hand workers ever be held at risk for any wrong dedicated by them. This was, however, never followed in India. The East India Company initially came as a trading company in India. In any case, later on it began to administer a huge part of the nation and the extent of its forces and authority was defined by legislations passed by the British Parliament. After the 1857uprising the company was dissolved and the rule passed over directly to the British Crown .During this period the liability of the state depended upon the powers and authority of the Head of the state. In pre- Constitution period the liability of the State was a major question which confounded all the courts. As of now a qualification was made among sovereign and non-sovereign power with complete immunity being given to the former. However, the scope of sovereign or non-sovereign power was never clearly defined, and hence depended on judicial interpretation.

In today’s world, we have learnt to live with international terrorism. In the globe there are certain places that are either cursed by this bad amen and some places are not. Aerial hijacking is a concept that evolved from piracy in the seas. It is a concept that started to evolve from the 19th Century but was colossal when the late 20th Century came. International terrorism now has its root all over the globe and there is not a single place where this bad omen is not present. When it comes to aerial hijacking, after the world war, the practices with regards to aerial hijacking were increasing and to stop it International Civil Aviation Organization (ICAO), with its 122 member states along with some signatories, signed the pact of providing a secured aerial space, also discussing some points such as, jurisdiction and various authorities. But they were not able to make a codified laws as the circumstances in global administration were changing. When the United Nations was established and after the successful run, the Tokyo Convention, 1963 was implemented, which was a first step to curb the mal practices. But as this convention was first of its kind it wasn’t able to give fruits, therefore Hague Convention,1970 was implemented, which also showed fallacies in terms of legal argumentation, which led to the birth of Montreal Convention,1971. Researcher shall be analyzing all the conventions in the paper

The research paper focuses on seeing the HR with a new perspective. With technological disruption in the world the organizations have to transform according to digital era and all its departments including HR. So HR has also been disrupted by the technology. It focuses on how HR is reinventing itself and how it should reinvent itself more in the digital era to survive as it is one of the most important departments in the organization which is managing the workforce in the organization. As HR department has many challenges as highlighted in the research paper but it has the strongest opportunities to automate it. Companies like IBM, Royal Bank of Canada automated itself and are leading the transition to the digital HR by using hackathons, chatbots, fitbits etc. It’s moving from traditional HR to HR of today by digitalisation of HR. It also talks about how the companies of today should adopt digital HR by employing the techniques employed by other companies who are successfully running digital HR and how they should re-skill their employees and link the HR departments to IT departments for not only data analytics but data security also and how to give employees the compelling and personalized experience. And how HR professionals or departments can act as the strategic partner in the businesses. It focuses on the impact of technology on various HR practices like recruitment, training & development, performance management and payroll management. The digitalization has its direct impact on the work of the HR practices and lead to the updation in the working procedure of HR.IT focuses on how should HR professionals can use these tools in the positive ways to reform HR department and make them adaptable to technology.

Jammu and Kashmir was a constituent State of the Indian Union, its constitutional position, and its relation with the Central Government different from that of the other states. Article 35A was incorporated into the Indian constitution in 1954 by the President Rajendra Prasad on the recommendation of the Jawaharlal Nehru Cabinet. Provision of Article 35A provides Jammu and Kashmir Legislature a complete freedom to decide the permanent residents of the State. It also provides certain special rights and privileges to the permanent residence regarding the acquisition of property in the state, in public sector jobs, scholarships and other public aid and welfare. According to the provisions of Article 370 except for the external affairs, defence and communications the Parliament needs the State government’s concurrence for applying other laws. Thus the state’s native resides under a separate set of laws. The two characteristic features of the special relations are: The State has a much greater measures of autonomy and power than enjoyed by the other states; and The Centre’s jurisdiction within the State is more limited than what it has with respect to the other states. Accordingly, Jammu and Kashmir could have their separate Constitution and Flag. Because of these Special features all the provisions of the Indian Constitution does not apply to Jammu and Kashmir in fact they are applied in a modified form. Article 370 created the unequal provisions for the citizens of the same country residing in the different territories.

Does security defines technology or technology defines security? The internet has grown at a rapid scale in the 21st century especially in India which has been accompanied with threats of cyber crimes. Cyber crimes in these days come with many forms under which one form is cyber phishing. According to many reports, Cyber phishing in India has surged amidst the country’s unprecedented coronavirus lockdown. In one of the reports published by Reuters, cyber phishing during the lockdown has soared in the country by 87 % in between March and April only. There has been an inundation of fake apps, links, domain names and websites in order to steal personal information and data including bank account details especially when the companies across the globe and even the Indian Government are encouraging towards 'work from home' via the online medium. In this paper we will discuss about the cyber fishing how it’s surging amidst the coronavirus and we will also try to figure out the answer of the question asked above

The role of Judiciary, as watchman of common freedoms and defender of the standard of law, can be intensely important during general public health emergency when courts may need to ensure or controlling general activities that are resolved to unduly meddling with social equality. Legitimate readiness for health emergency is a basic component of the legal executive. In this article, we quickly depict the Judicial arrangement of India first and afterwards discuss around what our judiciary need to think about the legal framework during a public health emergency, including the courts' jobs and the need to keep courts open during any kind of crisis

The world is passing through most unprecedented times. It may perhaps never be the same again. Every aspect of life whether, business, Industry, society have been practically impaired. We need new ways and methods to reset, rebuild and revive ourselves and our economy all over again. Through this article we are trying to suggest how changed times bring new innovative methods in our way to learn. The corporate workforce is the foundation on which the organization develops. They have to be duly gone governed for, and at the same time owe a collective responsibility to the Organization for its survival and growth. It is the team that makes a management. It would also be apt to state that it is the team which helps the management plan appropriate policies, procedures and strategies at top level. If the functions are well performed at grass root level, the organization pyramid strengthens as well. Our endeavor through this paper is to integrate and analyses the impact of Covid 19 Pandemic on the roles of human resource, per se and the workforce at all levels, and suggest probable measures and alternatives to deal with the situation. The paper highlights the management as well a legal perspective of the current situation. In a nutshell, the current Pandemic is an unpredictable story. The economy is halted, depression and recession round the corner. One aspect which can change the profession, society and nation is the, initiative taken by the work force.

This paper unveils a serious social and global phenomenon which involves a spectrum of physical, sexual, psychological acts of control, threat, aggression, abuse and assault against women [1] . Violence against women happens at home, workplace, streets and is a human rights violation of pandemic proportions that take place in public and private spaces.Female infanticide, child abuse, incest, rape, sexual harassment, intimate partner violence and neglect of older women are the forms of crime. Crimes against women dates to the history of mankind where several forms of abuse have been described since ancient times. However, in the 21st century where women had made to the space marking sky as the limit, the other side of the coin shows the increasing rate of the crime against women which off-late is highly alarming as most of the women, girls, in present society are subjugated, oppressed sexually, physically, verbally and also mentally and emotionally which are the most unnoticed face of the crimes. However, despite growing awareness in the international arena regarding the gender-based violence [2] women continue to suffer disproportionately as the crime is frequently ignored or the abuse is justified with a reference to “culture” as the societies across the globe are patriarchal. Hence, though there are stringent laws and legislation made they don’t seem to have any effect as people are unaware of the laws of the land or scant respect for laws as most of the times the justice is being delayed which indulges the culprit to commit most heinous crimes as seen in most known case ‘NIRBHAYA.’ So, holistic approach with gender sensitization, setting up fast track courts for expeditious disposal of cases and general awareness to public towards laws would give long term solutions for these issues. [1] Violence against women journal - World Health Organization, Available on Internet. [2] Reference drawn from unhcr.org.

In 2014, the NJAC was held responsible for the appointment of judges to the higher judiciary in India whereas the collegium system which was prevalent from at least two decades was declared null and void. The whole discussion revolved around the independence of the judiciary and shifting of power from the executive to the judiciary. Although theoretically, the process of appointment seems just and fair, one can’t neglect the fact that nepotism still subsists in the process. Collegium system suffered from opaqueness and lack of transparency. Further, in 2015 the NJAC got struck down as it seemed to affect the independence of judiciary. Instead of focusing on the independence of judiciary, a judiciary must be independent of the practice of favoritism and vested interests. In the present commentary on NJAC, both the collegium system and NJAC have been critically examined. Further, the emphasis is given on appointment procedure in other jurisdictions along with relevant precedents. Indians to keep the procedure transparent can also take motivation from the processes of other countries. The authors are of the view that the formation of NJAC doesn’t cure the ailments suffered by the collegium system. Neither collegium system serves the purpose. There is a need for efficient judiciary instead of an independent judiciary. The apex court should have looked into the NJAC process thoroughly and only the unconstitutional provisions are removed by applying the doctrine of eclipse instead of reviving the whole collegium system. Also, the expression of citizens should be taken into consideration to make the procedure more transparent and to retain the people’s faith in the system

The focus of this research paper is to throw some light on the issue of 'Human Trafficking.' The introductory chapter seeks to discuss the issue, the different types of human trafficking prevalent, reasons, and the impact of human trafficking on the victims. This is followed by the discussion of various legal provisions in India to combat human trafficking. A gist of multiple conventions and treaties signed at the International level, to deal with human trafficking occupies the next chapter. The Indian judiciary's role in dealing with the issue is discussed in the chapter that trails by. The paper also discusses the Anti – Trafficking Bill, 2018 in a nutshell. Lastly, the author's suggestions will conclude the paper.

Child marriage is a gross violation of human rights. It destroys the development of women in society. Women are barred from their fundamental right to get an education, employment and their right to marry with full and free consent. They are always considered inferior to men and therefore, it is customarily believed that women should always obey the instructions of men. Various international treaties, conventions like the Universal Declaration of Human Rights, International Convention on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Elimination of all Forms of Discrimination against Women provide that marriage should be done with the free and full consent of both men and women. Article 253 of the Indian Constitution provides the Indian Parliament with the power to enact the international treaties into legislations to enforce them. The Indian Parliament enacted the Child Marriage Restraint Act, 1929, which restricted the marriage of children before the legal age, but it was toothless legislation. The Hindu Marriage Act, 1955,provided the legal requirement for marriage but did not strictly prohibit child marriage. Thus, the Prohibition of Child Marriage Act, 2006 was enacted to repeal the 1929 Act providing strict rules to prevent child marriage. However, the Indian Judiciary found that the 2006 Act also had various loopholes which still did not restrain child marriage

The rise of the earliest civilisations occurred as early as in 3000 BC in Mesopotamia on the banks of river Nile, in the Indus-River valley . The very source of life on Earth is the extensive amount of water beds that surround us. The incessant ocean spreads around 140 million square miles, contributing to around 72 per cent of the total earth’s surface. Not only has the ocean played the role of always being a central source of nourishment for the life it helped generate, but from prehistoric eras itself it has served as a hub for trade, commerce and discovery. It has the capability to both, bring people together and keep them apart, The oceans have always enjoyed the freedom of-the-seas doctrine, a principle established in the early 17th century, which limited national rights and jurisdiction over the seas of each nation to a narrow belt of sea which surrounded nation’s coastline. Whatever remained was declared to be free and open to all nations for use. This continued till the twentieth century, but then with changing times countries began demanding more and by mid-twentieth century there were intensive efforts to extend national claims over all offshore resources with the purpose for private and personal usage only. The United Nations in 1982, in a visionary move, adopted the Convention on Law of the Seas which led to the extension of international law to the worldwide community. The convention was responsible to resolve many of the prominent issues relating to the usage of the oceans and its ownership such as creation of International Seabed Authority and other conflict resolutions mechanisms like the UN Commission on the Limits of the Continental Shelf, setting up of economic zones (up to 200 miles ashore), setting rules for extending continental shelf rights (up to 350 miles offshore), setting up territorial sea boundaries (up to 12 miles offshore) and establishing freedom of navigation rights

Since the start of the 21 st century, the development in the field of communication and information technology has been on another level. Everything has been transformed in a way so that we can access almost everything from our place. In recent years since the invention of bitcoin, the most used cryptocurrency to date has changed the virtual world in a more advanced way. The usage of bitcoin is universal so it makes transactions easier for two separate individuals or companies located at a different geographical location with different fiat currencies. As the transaction is encrypted it is the safest way to transfer the payment by the means of bitcoin and the transaction is noted in order to prevent double-spending. India being a developing country with one of the most influential economies in the world using cryptocurrencies as a medium of payment for transactions will decrease the barriers to the development of the nation. This research paper predominantly focuses on the legality of bitcoin in India. The paper also analyses the growth, development of bitcoin in India and the future of bitcoin in the country. Keywords: Bitcoin- Cryptocurrency- Fiat currency- Encrypted.

The picture of queues lining outside liquor shops has gone viral on social media. The incident is a catch-22 for the Government officials as they preach ‘Stay home to beat COVID19’ narrative. But, on the other hand, it would put smirk on Administrative Officers working in the Revenue Department of State Governments. Since, it will help in garnering in revenue stealth to the State finances marred by COVID19 induced lockdown of economic activities. Plus, alcohol acts as major avenue of revenue support in form of excise revenues which form forms ten-to-fifteen per cent of State’s own tax revenue as reported in a report by the Reserve Bank of India in September 2019. The epitome of formal studies on relation between alcohol and crime is the comprehensive statistics report published by the National Crime Records Bureau (‘NCRB’, for brevity), Ministry of Home Affairs. In its latest avatar released in starting of this momentuous year ‘2020’, the incidence volume of crime related to ‘Liquor and Narcotic Drugs’ came out at 8,63,696, accounting for 65.3 % of the crime rate. The authors explore the relation between chronic alcoholism and criminal responsibility in India in the Research Paper titled, “ALCOHOLISM AND CRIMINAL RESPONSIBILITY IN INDIA - Tallying Biological effects of alcohol consumption in influencing criminal activities.” They conduct a survey, and relate the data with biological effects of alcohol on human body post-consumption of alcohol to substantiate the reality brushed under the carpet. nana4d https://www.shanlaxjournals.in/conferences/ https://thejmai.com/ https://www.cogsust.com/ https://j-bcd.com/ https://www.arcconferences.com/ https://www.wowjee.com/ nana4d https://jrese.org.br https://lmdmall.lk/ https://bjfn.org/ https://b2b.bun.co.th/ https://www.cesimp.com/journal/ nana4d nana4d

The concept of globalization is based on the hypothesis that the entire globe is a single unit which takes decisions as one, and there is little to no role of States in the decision making process. From an economic point of view, this hypothesis leads to the conclusion that national economies open up to the world, leading to a free movement of goods, services and capital. A socialist result of this hypothesis would be that there is increased interaction and integration among national systems leading to increased social and cultural changes [1] . From this point of view, globalisation looks like a harmless and rather positive process. However, there is another view which should be looked at. From this other point of view, globalisation is a push towards a global economic system by the supranational corporate trade and banking institutions so that they can avoid the accountability that arises due to democratic processes in nations. Whatever be the point of view, the result is the same- change

This paper is focused on the concept of Honour Killing in India that what it actually is and the reason behind it. After the independence and the codification of Hindu personal laws a lot of things have changed in the field of marriage in Hindus and discrimination because of the caste. The Secularism was introduced as one of the basic principles of the Indian Constitution. But the discrimination done on the basis of caste is still present in the country and is the reason behind honor killing. The main objective of this paper is to elaborate the meaning, laws, present scenario of it in the country. Though there is no separate law for this but the provisions of IPC under which it is dealt by the judiciary are discussed. After this the arguments in favour and against of making separate law for honour killing are mentioned. The mindset of the people due to caste system is the reason behind it which is also elaborated here. Lastly, it ends with recommendations and conclusion

As we all know that our Indian society has been a male-dominated society for ages because of which power and strength are the two cores of the feminist theories when we talk on the topic of sexual harassment. We have seen that generally males when in power have taken undue advantage of the female subordinates. The study aims to analyze the situation what was in the past and what is the current situation. It has also been quite a trend that generally sexual harassment takes place when the men in the authority. The concept of sexual harassment arose in Vishakha and Bhawani Devi case on which extensive study has been done in this paper. The research paper is an analysis of the survey done for the collection of various kinds of data on the topic, relevant case laws, workplace ratio and how this whole harassment takes place. In relation, to the women supervisors as they are more likely to report harassing behaviors. Sexual harassment is that serves as power as a balance against the women in power which dominates due to their position and control rather than their sexual desire. Although the victims have tried to escape the embarrassment there have been landmark judgments that have shown how can one can defend their right against such a heinous act. The researcher in this paper has tried to critically appraise all the evidence and facts on the topic to come out with a clear observation and what have been the landmark judgments in the past and how one gender oppresses the other in place of sexual desire. Finally, the current paper aims that the society understands the sensitiveness of the issue and take further steps to completely stop such kind of activities in society

George Orwell, highlighting the power that words hold within them, wrote in his famous 1984 that language has the power to corrupt. The practical illustration of the same too can be seen in India with the infamous ‘Bois Locker Room’ incident. This ordeal placed in front of the nation, the question of ascertaining criminal liability to the misuse of language. Answering the same, this paper aims to highlight crimes that are perpetrated essentially through the use of language and terms them as Language Crimes. This paper presents the status quo and looks into the wide array of provisions that exist pertaining to the issue which are spread across several statutes. Further the practical application of the provisions too has been portrayed through taking a dive into the Indian courtrooms and highlighting their stand on the same. It also showcases the irony with the protectors of justice rendering injustice by examining the situation of the courtrooms dealing with cases of sexual offences and outlines the gross abuse of language by defence lawyers in their interaction with the prosecutrix during cross examination and by the judges, through the judgements they deliver. The author recognises the need to maintain a balance free speech and ascertaining criminality to language, so as to not make the liability of the accused to be infinite and presents the mechanism that exists to achieve the same. Further, the paper puts forward several suggestions to counter this social evil, including certain amendments to the current legislation

In India, the Panchayati Raj System or the Local Self Government was introduced with the aim of decentralizing the powers of Legislatures and democratizing the country from the grass root level. However, some self-proclaimed courts of caste lords in the village (also known as Khap Panchayat) which usually consists of male members of a particular “gotra” who think that they have the power to control the choices made by people enjoy full legitimacy and authority as “Custodians of Honor”. It is because of their meaningless diktats that most regressive views are implemented as they exercise a vast support from the villagers who believe that whatever they are doing is good for their community. The adjudications given by Khap Panchayats are purely patriarchal in nature and “Honor Killings” or “Barbaric Murders” committed on their orders (Khap Panchayats) for the sake of preserving the honor of a family, a clan or a village is one of them which have continued to persist in the Modern times too.In the name of preserving Indian culture, they are perpetuating crimes and thereby setting an example to be followed by their descendants. These are the acts which are usually considered as quintessential mindset of Arab-Muslim world by the International Community. Khap Panchayats, institutions which were originally incorporated for maintaining law and social order in the society comprised of upper and middle caste land owners. They started functioning as judicial entities in parallel to the State Judiciary by subordinating their powers over the poor and their diktats mainly focused on perpetuating caste hierarchies. Khap Panchayats or Caste Panchayats, which were originally incorporated to be credible bodies having a social outlook, are now highly politicized. They are active in various states of India during the time when the country is going through rapid globalization and social and economic advancements. As India tries to fly high, the disgraceful judgements of the self-proclaimed “Custodians of Honor” definitely effect its reputation. Even though Indian Judiciary has a come a long way in delivering some of the most incredible landmark judgements of all time but there still remains a lot to be achieved in order to protect the society from the clutches of these so called “Unconstitutional” and “Unlawful” dispensers of Justice

The chief intrinsic of the Citizenship Amendment Act, 2019 is to provide citizenship status to the Hindus, Sikhs, Buddhists, Christians, Parsis and Jains who have absconded from the neighboring countries such as Bangladesh, Pakistan and Afghanistan into the Indian Territory before 31st December 2019 as a result of religious persecution but excludes Muslim refugees from the above mentioned countries. As the Citizenship Amendment act does not treat the Muslims equally with their counterparts Hindus, Sikhs, Buddhists, Christians, Parsis and Jains under the equal circumstance of religious persecution and segregation of the Muslims from the same is irrational and absurd because the taxonomy fashioned by the Citizenship Amendment Act exclusively on religion is perverse and hence the differentia formed by the Act is one which is not based on a reasonable nexus thereby violating Article 14. When the recipient of the law is pedestal on religious hounding then parting out Muslims who are religiously victimized entails that they would be kept back in incarceration centers in contrast to their Hindu, Muslim, Buddhists, Sikhs and Jains from the aforesaid countries consequently constricting their right to life and personal liberty on the basis of an unfair procedure and violating Article 21. Furthermore as the Act discriminates the Muslim refugees in relation to granting them citizenship rights solely on the basis of their religion it casts an attack on the well cherished principle of secularism and thereby contravenes the basic structure and the principle of constitutional morality enshrined under the Constitution. In acquiesce to the Citizenship Amendment Act the cutoff date for persons pertaining to the six abovementioned religious groups asserting citizenship in India is 31st December 2014 which collides with the NRC cutoff date of 24th March 1971 consequently rendering the gross calisthenics of NRC in Assam futile.

This study provides large sample evidence on the effects of anti-takeover provisions (ATPs) on the firms’, takeover probability and premium in various takeover contests. No company wants to be taken over without proper and adequate warning that too before hand. Anti takeover provisions are adopted to prevent a hostile takeover and is a serious problem that needs to be addressed. From the perspective of a financial theory, the main issue is to see whether the benefits from acquisitions are greater than the costs including the initial investment. And also whether the marginal returns on investment post acquisition is greater than the marginal cost. We also showcase various ATPs that managers choose to strengthen their firm when faced with an increased threat of takeovers, and the effectiveness of these ATPs in deterring and reducing takeover attempts. Finally, we add to the growing context on the changes in various governing policies and outcomes in states or organizations that adopt such anti takeover provisions. Therefore its important to have a legislation like IDD in the Indian jurisprudence to help companies from being taken over.

The judicial system plays the most pivotal role in Indian democracy, the role to interpret the law framed by the legislature which is later sent to the executive. It resolves and adjudicates the disputes between center and state or, group of states against a state, or state and state, or, state and an individual, or between two individuals. And for this reason it is called Saviour of Democracy. The three organs of the government ensure efficiency and effectiveness and any instability among them can directly hamper the administrative progress. And to regulate the mutual coordination among the three pillars for smooth functioning, the judiciary acts as a catalyst to protect the rights of the individuals and state from chaos and exploitation. It also protects the rights and law of the land and this act is known as Judicial Activism. The Judicial system in India has touched every aspect of human life in India and has always proven to be affirmative by becoming a boon for the poor and weaker section of the society, by protecting their individual rights. It is very difficult to trace the inception of Judicial Activism in India as it was recognized and identified as a separate organ of the Government. The dissenting judgment of the Justice Mahmud sowed the seed of judicial activism in the soil of India. This paper illustrates the evolution, concept and reason for growth of Judicial Activism in India. This paper aims to instill a deep understanding on the evolving dimensions of Pre and Post emergency Judicial Activism through the help of case laws and a glance on Indian perspective on Judicial Activism

Over the past few years, the role of the Judiciary has been quite significant in the development of society and in shaping how the members of society are treated. Judiciary has always aimed at doing the best possible justice to whosoever knocked on its door. Till today, the judiciary has delivered judgments in huge numbers. Society has always celebrated some of the great decisions pronounced by the hon'ble courts. Nevertheless, there always exist some implicit factors which decrease the competency of the judicial system. This article analyses the loopholes in the judicial process. This piece of work throws light on the judicial process that creates an illusion in the minds of the billions that justice is served when in reality, there are thousands of stories of injustice hidden behind the few stories of the triumph of justice.

Migrant labourers have been amongst the most awfully affected people in India due to the lockdown. As the manufacturing and building activities are at a standstill, lack of money and food has compelled lakhs of distressed, abandoned, deprived and desolate migrants across India to reach for their homes on foot in the nonexistence of apposite conveyance. The current attenuation in labour laws has led to a decisive shift in the way the plight of the worker-migrant has so far been implicit in the foreground of the COVID-19 prompted lockdown. In India the State has principal duty to shield the right to live with human dignity as fundamental rights of each citizen. Constitution has not given any unambiguous provision about human dignity. Article 21 of Constitution of India the right to life it has wider meaning which includes the right to life with human dignity. Where is the dignity? Why they are treated worse than beasts of burden? Where is the Right to Equality (the prohibition of discrimination), Where is the right to Protection of Life and Personal Liberty? Where is the right to practice any profession or occupation? Where is the Right against Exploitation?

Battered Woman Syndrome (BWS) is a pattern of psychological and behavioural symptoms found in women who have been living in an abusive relationship for a very long time. It is a sub category of Post-Traumatic Stress Disorder (PTSD) and is manifested in the form of depression, anxiety problems, low self-esteem and often put women at risk of suicide or homicide. Instead of terminating this unhealthy relationship with their abuser, these women kill their abuser to end the chain of domestic violence. The reason why she suffers the physical and psychological violence caused by their abuser for a very long time before killing them is because she develops a ‘learned helplessness’ which makes her submissive, and she accepts the battering as a part of her life. Women lack the physical strength to fight their abusers. So when the violence is at its peak, these women kill their batterers in non-confrontational circumstances but the courts still convict them as murderers. This article analyses failure of Indian Courts to acknowledge the fact that psychological traits of women and men in cases like these are different and that women shall not be required to fit their psychological traits within the ones pertinent to men. The courts should not judge these women’s actions based on male experience. Moreover, this article will also highlight that as a feminist model of jurisprudence Battered Woman Syndrome needs to seek judicial recognition in India and needs to be incorporated within the Indian Criminal Framework as a defense for the helpless women. Lastly, the article will conclude by suggesting the ways to integrate BWS under the provisions of Provocation, Private Defense and Insanity as mentioned in the Indian Penal Code, 1860.

“Democracy is based upon the conviction that there are extraordinary possibilities in ordinary people” - Harry Emerson Fosdick. Elections form a very important aspect of a representative democracy of India. The election process in India is still in a developing state. It needs many changes and the Election Commission with a thinktank in place, should periodically suggest the needed reforms. Although as the world's largest Democracy, India has the most crucial types of election laws required but are they enough with the continuous evolution and growing structure of the country ? Are those laws apt for the majority of the population of India with their being more than 1.3 billion people being a part of the Country? From as small as the inkling of the vote to the Electronic Voting Machine, everything must be scrutinized thoroughly. To consistently bring more and more people to vote each election, India should build an efficient process that aims to support and make the democracy stronger and superior. The conduct of election in India requires huge amount of security management. Slouching down to low levels and engaging in misconduct, especially in a country like ours is quite facile. Nevertheless, it is the duty of the Election Commission to keep the process of election independent of any influencing force or factor.

Environmental Jurisprudence has achieved a lot in India due to the efforts of the Courts as well as due to the concerted efforts of various individual citizens to enforce fundamental rights in the direction of environment protection and development. Apart from the changes in the Constitution, a vast number of enactments have also contributed towards creating a clean and healthy environment. This paper analyses the history and evolution of environmental jurisprudence and the importance of the constitutional provisions in the development and furtherance of the object of environmental jurisprudence. The implications of the Bhopal Gas Tragedy were far reaching which alerted the Government as well as the public authorities towards the risks attached with rapid industrialization. The need of today is effective governance which is free from corruption and unnecessary complications which go with it. India achieved a great and far reaching leap with the insertion of the provision related to environment protection with the 42nd Amendment. The areas covered under the Directive Principles for environment protection has been a step forward for the country. The directive principles and fundamental rights are supplementary and complimentary, in the sense that they go hand in hand with each other to preserve the environment. This paper seeks to bring forth the major role the Courts have had to play in protecting the environment by invoking necessary provisions of legislative enactments, especially when the need of the hour demanded the protection of our environment.

As it is being said that justice delayed is justice denied and justice hurried is justice buried with keeping this view in mind, the concept of alternative dispute resolution emerges in India. Alternative dispute resolution is the most effective and efficient process in resolving disputes between the parties by providing cost less and speedy trial. But with the expansion of alternative dispute resolution the issues pertaining to it are also emerging. Despite the amendment of arbitration and conciliation act in 2019, there is still no such provision of a forum where parties can go and challenge it. The same arbitrator gets appointed when challenged. The party has to wait to challenge in court till the delivery of the award by the arbitrator. The other challenge is when the arbitral award appealed to the supreme court of India, the efficacy of time and cost still not declined. At various levels the arbitration gets stuck up in court due to court drafting and ambiguous language. To promote the settlement of disputes between the parties there are various alternatives such as mediation, conciliation, negotiation and lok adalat, these resolutions have been proven effective but efficient gains from these proceedings are very low as compared to arbitration and is rarely being practiced in the Indian market. This paper will discuss the proliferation of emerging issues arising in alternative dispute resolution. It will also focus on various ways on how these issues can be resolved.

The strife of Naxalism has been a consistent threat to Indian internal security. Their opposition to the State has been mired in their violent means and repressive strategies to counter the counter-terrorism efforts of the paramilitary forces. This paper aims to provide an overview of their motivations and the threat posed by them to safety and security of the distressed rural hinterlands they have captured to grow the expanse of their movement.

Medical negligence has always been one of the serious issues in India. Our experiences tell us that Medical Community, one of the noblest professions, is not immune to negligence which at times results in death, deficiency in service provided, mental pain, agony, frustration and disappointment death or culminates into another misery. There are cases wherein most incompetent or under-educated doctors, on their volition, have made prey the innocent patients. The magnitude of negligence or deliberate conduct of the medical professionals has repeatedly led to litigation. The case study aims to analyze the concept of negligence in medical profession.

Conflict is intrinsic to labour relations and also forms the basic structure of labour law. The transnational solution for labour conflicts has an extremely important role to play in this globalized era, to national frameworks, for the most part in the present setting of globalization and trans-nationalization, of modern relations. For this reason, the International Labor Organization (ILO), an organization of transnational work clashes guideline and a directing substance of center work. Industrial harmony is an integral part of progress, especially in developing countries. This is needed to maintain a suitable work-life balance and vital to the survival of the economies. There cannot be any unilateral imposition by the employer or the union on the employee. This will in turn disregard the cordial industrial relations. International Labour Organizations aims at solving the above mentioned disputes. They have tried setting out some minimum standards that need to be abided by most of the organizations around the globe for better experience at the workplace. The member states needs to adopt the guidelines mentioned by ILO for better sustainability in the long run. This paper is aimed at highlighting the definition of International Labour Law, the various sources from where it has come into existence, the International Labour Standard- its creation and the Australian ratification. Lastly, the paper discusses about the Indian Labour laws and how they aim at protecting the livelihood of people

Over the world in all the democratic countries media has been recognized as the pillar of democracy. In India Media is considered as the fourth pillar of democracy. The activity or the profession writing for any newspaper or any magazine or for any broadcasting news on Televisions or radio is known as Journalism. In other words Journalism is the practise of investigating and reporting of any event, issues, and trends to maximum of the audience, broadcasting in televisions, radios, mobile media, any network, blog or social media. The things that are generated by doing all these kinds of activities are known as journalism. And the people who gather the news and information for mass audience are known as Journalists. This field includes writing, editing, design, and photography. With this idea journalists cover individuals, organizations, institutions, governments and business and cultural aspects of society. The news media are the main providers of the information and shares all the opinions about the public affairs. In this paper I will be dealing with the Growth of media, responsibilities of media, freedom of press, principles of journalism, dark side of Indian Journalism which is also known as Yellow Journalism and at last I will recommend some of the points that government and judiciary should take, the laws relating to press under Constitution of India, Indian Penal Code, other press laws and acts and in Code of Criminal Procedure.

Psychology and crime are different branches of learning but are studied together to determine the mental state, feelings and the requisite mens rea of an individual while committing a crime. In early years of 20th century psychologists tried to determine psychological factors that influenced criminal behavior; in 1964 British psychologist Hans J. Eysenck published the first theoretical approach on criminal behavior. Human beings, often commit crime to benefit from it financially for example, a man might steal to cope up with poverty or to feed his starving family. But on the contrary several crimes such as rape, murder, abduction, etc. are often motivated by psychological factors. The objective of this paper is to establish the relation between psychology and crime and how psychological aspects are the cause of criminal behavior around the globe. It also focuses on the significance of psychology, the role played by psychologists and the use of various psychological tools in the criminal justice system. Furthermore this paper analyzes the psychological factors while illustrating the nature and gravity of the crimes committed by infamous offenders as case study

It may not be an age-old idea to protect IPRs as it exists today, but the very idea of it is quite old. Furthermore, the definition of IP at its simplest implies that ideas and information can be divided into separable and transferable recognizable properties that have identical properties to material property. The term period for an IP right is always limited and the IPR of a particular thing or idea becomes public once the State-protected term has passed. So the benefit from an IPR flows back to the common man in this regard, and it becomes a public property. As May (2010 ) argues, one of its main distinguishing features is this transfer of intellectual property to the public domain. Apart from substrate material, which is usually owned in perpetuity (although real property may, of course, pass between individuals and generations), intellectual property only exists in a temporary sense as property. India set up a patent system which sought to balance the need for interest of the public with encouraging innovation. India's march toward innovation super power status in the rising globalized scenario depends on technical advancements with increasing innovations and full proof defense of IP rights to make the country the world's best destination for FDI ever.

The latest Anti-Counterfeiting Trade Agreement (ACTA) has been viewed as a potentially existential threat to the existing World Intellectual Property Organization ( WIPO) — as a new plurilateral institution that could replace the old multilateral organization. There are a number of predecessors to ACTA 's threat to WIPO. The central role of the WIPO in setting standards for international intellectual property encountered its first major challenge in 1952, when the UNESCO Convention on Universal Copyright was created. It experienced a second major challenge with the creation of the Intellectual Property Trade-Related Aspects Agreement (TRIPs Agreement). Throughout this paper the author would examine past instances in which an outside norm-setting organization has questioned WIPO and the responses to those challenges. Secondly, the author would outline the key proposals for an ACTA entity. Thirdly, drawing on past instances, would outline the various possible forms that a relationship between ACTA and WIPO could take, and different strategies that WIPO could use to maintain its role in the international system of intellectual property. Lastly, will discuss a range of public policy issues raised by the institutional ACTA proposals. It's more than just another effort to enhance compliance and update standards — even though it's that too. Broadly put, ACTA offers valuable lessons in the complexities of international IP law that we will all do well to learn from as researchers, activists, non-governmental organisations, governments and negotiators of treaties alike. This author is hoping different aspects of the above analysis will provide food for thought. The morsel that emerges most clearly, however, is the importance of developing alternative models that give a realistic perspective on what we can support, not just what we can oppose.

The Doctrine of Separation of Powers deals with the mutual relations among the three organs of the government, viz., legislative, executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. But the rule of separation of powers was propounded for the first time by the French Jurist, Montesquieu. He formulates this theory in his famous book ‘L Esprit deploys’ (The Spirit of the Laws) published in 1748. According to this theory, powers are of three kinds; Legislative, executive and judicial and that each of these powers should be vested in a separate and distinct organ, for if all these powers, or any two of them, are united in the same organ or individual, there can be no freedom. If for instance, legislative and executive powers unite, there is an apprehension that the organ concerned may enact tyrannical laws and execute them in tyrannical manner. Again, there can be no liberty if the judicial power be not separated from the legislative and the executive. Where it joined the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would then be the legislator where it joined with the executive power, the judge might behave with violence and oppression. The Doctrine of Separation of Powers has been accepted and adopted by the constitution of the United States of America, moreover in India and England this doctrine has not been strictly applied. This paper compares the doctrine of separation of powers in the United States of America, India and England and the reiteration of this demarcation in the three nations by the judiciary

The researcher, in this paper, at first, examines the significant provisions laid down under the Companies Act, 2013 that try to combat the traditional underrepresentation of women in the corporate world, more so, on the Board of Directors. The researcher also conducts an in-depth analysis of the available statistical data on how women have been given representation in the corporate world in various jurisdictions across the world, including India, enforcing legislations to bring about the same. The paper also highlights how women’s presence in the top executive positions and in the boardroom affects the firm’s performance. The paper also dives into the issue of gender bias acting as an impediment for women, prohibiting them from making it successfully in the outside world. The paper appraises the concept of gender diversity and highlights how the same is quintessential in order that there is an upliftment of the society, in particular and the country, in general. The researcher has given her opinionated analysis succeeding the research presented, concluding that the aforementioned law is a sagacious parliamentary intervention to further aggrandize the contribution of women towards the growth of the country and needs to be drawn upon, not only by other developing countries but also by our country herself

The Parliament of India was established by the Constitution of India to act as the supreme legislature of the country so that national laws could be made and Union government could be held accountable for its policies; the most important function of the parliament being legislation or enactment of laws. The legislature is responsible for making laws in the form of primary legislation. Any other legislation which is subordinate or auxiliary to primary legislation is known as delegated or ancillary legislation, which is the exercise of legislative power by an agency subordinate to the legislature. This subordinate body, which may be the executive, cabinet, council of ministers or a specific administrative agency, acquires such a power from an act of parliament itself. Delegated legislation because of its increasing growth, complexity and the dangers it poses to individual liberty and freedom, has occupied a significant place in the administrative law. The main question, in today’s scenario, is not whether delegated legislation is desirable or not, but what controls and safeguards can be introduced so that the conferment of legislative power on the Administration by the Legislature is not abused or misapplied. Therefore, the paper, firstly, seeks to evaluate the various controls that are laid down over delegated legislation in India. Since, it is the Legislature which delegated legislative power to the Administration, the paper, secondly, explores how it is the legislature’s primary responsibility to supervise and control the actual exercise of this power, ensuring it is not used objectionably by the Administration. Thirdly, the paper highlights the validity of delegated legislation with respect to Judicial Control or Judicial Review and how the courts have to see whether the power delegated is within the ambit of the constitution. Lastly, the paper puts into perspective the various issues with regard to Delegated Legislation and recommends solutions for the same

Feminist jurisprudence include various theories , ideologies and philosophies by various scholars from various places. Even though the development and evolution of feminist jurisprudence may be different around the world but the aim is to bring gender justice, which is same even in India. Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for Indian women. In one word it can be said as a pursuit of women rights within the Indian society. The modern feminism movements in India can be divided into three main time period early stage of independence ,the stage of nationalism and post-independence. And during each time period drastic changes and revolution has happened in the field of feminist jurisprudence in India, the paper focuses on each of the time period giving critical evaluation. One of the foundation of India’s cultural heritage and diversity is due to the different religious practices so it is evident that even in the matters of jurisprudence religion played a major role in its change as each religion views women in different perspectives. There is also a critical aspect were people criticize that Indian feministic movement has always been in support of the privileged class and not for the deprived classes. It is a matter of fact that the feminist movement in India has always depended on cast, religion, place of birth etc. The paper also focuses on incorporating various issues and problems faced by women in breaking the shackles or stereotypes in the society. Even the framers of our constitution made sure that those women who were deprived of their rights and treated unfairly during the post-independence period gets an equal opportunity and freedom in an independent India. The recent legislature and judgment like scraping of 377 of IPC, Entry of women in shabrimala has won the confidence of many feminist in India who believe that our country is in transitional stage were India is changing from a patriarch ally dominant culture to a gender neutral country.

In the early days when printing press was the only medium available to the journalist he had enough time to study and edit the news which he would perhaps publish in a newspaper or article for the consumption of the general public. But with the advent of the Internet and the information age the onus lies on quick delivery of news which left the journalist with little or no scope for editing. Today most cyber editors agree that the standards should be the same whether publishing online or in print. As cyber news becomes a bigger component of how people in the developing countries like India get news, the practices of cyber news journalists become all the more important. Cyber journalism raised many challenging ethical concerns, including issues in the areas of privacy, advertising, business relationships, copyright, attributions, linking, posting supplementary materials, manipulation of data and graphic images. In this context, Jay Black wrote, “the bottom line (is that) new media technology and delivery systems make it necessary for individuals journalists to develop more sophisticated ethical decision making skills”. It is now well known that privacy is a human right since it has been recognised by the United Nations Declaration of Human Rights and many national and international treaties. Almost all the countries recognize privacy as a fundamental right of its citizens. Some countries have this right inherent in their constitution like South Africa and Hungary, while others with old constitutions have recognized it through other provisions. Most of the privacy laws in various countries are set on the guidelines prepared by the Organization for Economic Cooperation and Development and the Council of Europe. Threats to privacy of ordinary citizens in the wake of increased use and up-gradation of information technology have made the task more daunting for lawmakers worldwide.

Women constitute almost half of the population of the world. Education for women is the best way to improve the health, nutrition and economic status of a household that constitute a micro unit of a nation's economy. In this context, it can be argued that lack of women education can be an impediment to the country’s economic development. In India, women achieve far less education that of men. As per the Census report 2001, the literacy rate of women is 54.16 per cent and that of men is 65.38 per cent. There has been a sincere effort to improve the education attainment of women by both government and voluntary organizations. The changes in the policies and infrastructural supports on primary, secondary and higher education reflect the initiatives of the Government of India towards women education. This paper examined the trends in women education, the investments on education and infrastructural supports in India. The study revealed that there had been significant progress in the performance of women education revealed from female literacy levels and its change over time. It was also observed that the gaps between rural and urban female literacy rates are narrowing down. It was observed that rural poverty acts as a push factor for women’s education rather than as an obstacle to women’s education. The significant influence of urbanization on women’s education implied that urbanization had been playing a beneficial role in the attainment of women’s education in India. At the same time, the drop-out rate had a negative effect on women’s education. It revealed that that reduction of girl’s drop-out rates is necessary for achieving women’s education. The initiatives of the government through investment and infrastructure in developing education in India were examined. With regard to facilities in schools, it has improved significantly, but a lot more needs to be done. In sum, the study revealed that there have been concerted efforts to encourage girls to attend schools, which would lead to higher literacy in future.

Information Utility is a platform that stores the financial information of various firms and companies. One of the foremost objectives of the Insolvency and Bankruptcy Code, 2016(hereinafter referred to as IBC) is resolve in a fixed time period. Information Utility (hereinafter referred to as ‘IU’) is the tool that has made this objective of the Code more viable. Furthermore, it provides authentic and undisputed financial information of the relevant stakeholders of the Code that helps the bank or other lenders in taking rationale decisions of their credit transactions. Notably, the information provided by the Information Utilities act as evidence before the Adjudicating Authority. “IU” is also believed to act as a barrier to bestow established facts about the assets, credit transactions, claimants and contracts in force. The intent of this paper is to examine the purpose and role of the Information utilities and also how it is a game changer in the IRP. As it is serving the Code to accomplish its object of time bound resolution. Index Terms: Stakeholders, Information utilities, Insolvency Resolution Process etc.

According to professor Mcllwain constitutionalism has one essential quality it is a limitation on government, it is the anti-thesis of arbitrary rule its opposite is despotic government. The government of will instead of law. The limitation of the government by law is essence of the constitutionalism. However, The constitution of India is a living document and living law of the land, it is flexible in nature. The constitution of India marked by a transformative vision its recognizing its supremacy over all the law, custom, usage, practice. Transformative constitutionalism understand the law is dynamic in nature it will change accordance with the needs of the society it means overruling the precedent and enacting new law for social, economic and political justice which is the basic principle of the constitution of India .It is the commitment to substantive equality and improving the socio-economic condition in India. Transformative constitutionalism plays a vital role in order to protect the constitutional ideas of Liberty, Equality and Fraternity. This paper critically examine the transformative constitutionalism, contemporary issues ,The research paper also deal with the evaluation of transformative constitutionalism and outline the various challenges in India. Key word; Transformative, Constitutionalism, anti-thesis, Arbitrary, Despotic

We live in an enigma where global challenges are forthcoming now and then, but the response of the world remains splintered. One such global challenge is the COVID-19 pandemic. Since World War II, the foundations of multilateral institutions had begun. With time, these institutions, with the help of collective multilateral approach, defeated social, economic and health challenges. However, this pandemic gave us a clear picture of why we need a more coordinated approach to fight this novel coronavirus. The egalitarian and bilateral approach towards a global issue may not deem fit to be an adequate response. Ultimately multilateralism is the only panacea for COVID-19. This paper will enlighten the issues with the ongoing multilateral approach and will also focus on the challenges faced by the states in this pandemic. This paper will also throw light on the flaring tensions in this phase of the global health crisis. It will also address how multilateral institutions are collectively working for the people and will also provide a solution for more inclusive multilateralism.

While the concept of rape has been expanded to include non-penile-vaginal penetration activities under the Indian Penal Code, it is also gendered based on a fixed characterisation of the victim-perpetrator system on the grounds of the sex. Having emphasized that it promotes a simplistic notion of gender, and results in a gross under inclusion, I shall here condemn this gender-specific notion in Indian rape law Rather, a civil rights-based approach to understanding sex violence should be followed and the role of ethnicity in determining victims and offenders of an act of abuse should be negated. The case is focused on the responsibility of a State not to prejudice on the concept of sex, the tolerance of transgender rights and an evaluation of the traditional grounds of Indian infringement legislation to reject gender neutrality.

The research paper basically highlights the role of adjudicating authorities in Approving/rejecting the insolvency resolution plans while balancing the interest of stakeholders and this has been discussed in length through a series of landmark cases of India and abroad respectively. The paper explains about the role of Indian adjudicating authorities in balancing the interest of stakeholders and what can be adopted from the practices of adjudicating authorities in the US, U.K and Singapore respectively. Apart from this the primary focal point of the paper is to emphasize the role that Adjudicating Authority play before approving the resolution plan and that it must take into consideration the principles of fair and equitable interest and that there should be no unfair discrimination against a particular class of creditors and the objecting creditor must be given a chance to be heard by the Adjudicating Authority.

A living being’s basic requirement for a humane life is ascertainment of human rights providing safety and a dignified life. In the absence of any of these elemental components, the living life becomes a bane. Throughout the history, the refugee crisis has been an ever-present critical point of humanitarian welfare. With the ravages of time, the problem of humanitarian aid has come under visible crisis. With the distinguishable change in needs of the time, variable challenges have arrived owing to the changes in the factors causing it in the first place. Protracted wars, conflicts have been of the primeval causes of it, but the change in climate and environment have been the triggering factors in recent times to have caused great exodus. Focusing on the root causes of the refugee crisis, the underlying effects and offsetting the triggers in the places of origin can be ways of diminishing it. Creating peace building strategies amongst the countries and conflicting communities to mitigate uneventful mishaps from initiating and creating contingency plans in sensitive situations and areas. Creating a strong communal bond amongst the host community and refugees to help them blend in and bring in a feeling of belongingness. Taking responsibility and burden sharing by the developed countries is the way out in neutralizing the overexploited resources of the developing countries. It is the sensitization on a humane level that needs to be done to regulate and promote increased solidarity and a sustainable approach towards this international crisis.

Cryptocurrencies and blockchain technology underpin a rapidly expanding industry and smart contracts are a key area of this blockchain innovation. A smart contract is an agreement in digital form that is self executing and thus. whereas smart contract automatically enforce obligations. Compare signing a contract to purchase an item versus purchasing an item from a vending machine. Like the smart contract, the vending machine will automatically complete the transaction by dispensing the item, whereas a paper contract for the sale of an item does not actually force the sale, and thus can be reneged by breaching the contract. Smart contracts have the potential to transform supply chain management, contracting, payment and banking services, and perform real estate transactions. It is noted that smart contract technology is still in its nascent stage and that there are few examples of practicable use cases.

The legal framework of many countries of the world contains a composed constitution which ensures key rights against the abundances and the detachment of the lawmaking body and the official. Such constitution after perceive the 'demonstration to life', equivalent security of law and 'fair treatment of law'. They preclude 'remorseless and unordinary discipline and debasing treatment or discipline'. The sacred legitimacy of the death penalty is an issue which has pained the sacred courts of the world. It is an inquiry the response to which gives a litmus test of the soul in which a preeminent court plays out its obligations. The cases where the lawfulness of the passing punishment has been condemned raise for judicial survey a state practice of questionable good appropriateness one impinging on the basic right to life of the most vulnerable individuals from society an issue wherein the guidelines of liberals are in struggle with the gauges of preservationists and regularly with those of the man in the road. Historically, India has never seen any development for the abrogation of capital punishment. In any case, it doesn't imply that no endeavor has been made for its annulment. The protected legitimacy of capital punishment has been tested in a number of cases and this has been done on various grounds. The discussion of death sentence accepted new criticalness presented by the Indian Supreme Court in the translation of Article 21 read with Article 14 and 19 . The age making and point of reference breaking choice of Maneka Gandhi vs. Union of India set out the tenet of sensible technique for the hardship, of life and individual freedom. The Supreme Court held that the technique for the determination of life and individual freedom must be reasonable, just and sensible and not whimsical, harsh or self-assertive.

This case was filed as an appeal (No. 91 of 1926) against the judgment of High Court of Judicature at Bombay, confirming a decree of the same High Court (Pratt, J.), on its Original Side, dismissing the suit of the Plaintiffs. The case was presented before a three-Judge bench comprising of Lord Shaw, Blanesburgh and Salvesen. The case was decided on the 8th May 1928. The alternate citation for the present matter is AIR 1928 PC 180.

The legal services authority act, 1987 came into force throughout the country w.e.f. 09-11- 1995. Thereafter Delhi State Legal Services Authority came in to force in 2002 which covers 11 district legal services authority establish under section 9 legal service authority act 1987. 1 Access to justice, in its widest sense of the effective resolution of disputes whether through court – based litigation or alternative dispute resolution processes, is an essential aspect of ensuring the realization of the fundamental rights recognized and given protection by the constitution. The courts run on very formal processes and are presided by trained adjudicators. The concept of Lok Adalat was a new chapter in a process of elimination of delayed justice resulted in denial of justice. This System of Lok Adalat is based on Gandhi an principle. Article 39 A of Constitution of India provides for equal justice and free legal aid. It is, therefore clear that the state has been ordained to secure a legal system, which promotes justice on the basis of equal opportunity. The language of Article-39A is understood in mandatory terms. This is made more than clear by the use of the word “Shall” in Art-39A. In Lok Adalat, disputes are not only settled but also the cordial relations between the parties are retained as disputes are resolved amicably. Hence, it is a very healthy way of dispute resolution. Lok Adalat play a very critical role to encourage and strengthen “Equal access to justice”, the heart of the constitution of India, a reality. Maximum number of Lok Adalat are been organized to achieve the Gandhi an Principle of Gram Swaraj and “access to justice for all”.

There is growing gap between the fundamental thoughts of early management authors and current, mostly subordinate authors, accounts of how these pioneers developed their ideas among modern scholars and students. This deficiency can be rectified by searching for original sources from when the idea of an innovator were being articulated, and the context from which it took place. In this paper I discuss how the definition of management has changed over time and how scholars have moved away from the classical management of work towards Scientific management theory. In this paper have also discussed how these two management theory have furthered knowledge of the history of management by finding and translating pioneering writings, and a present a rare translation of these theories. A special focus has been given to Henry Fayols 14 point principle and how they have changed the course of management overtime. I have comprehensively critically analysed each and every aspect of management theories and ultimately given key differences between both the theories.

Copyright as an intellectual property right protection is the right granted solely to the architect of any creative work. Since it does not require registration in India, it is granted simply when the origination of the copyright takes place. However, there are certain exceptions to copyright infringement in India based on either fair dealing and other specific activities mentioned in the Copyright Act. The author looks at a recent interpretation of one of these exceptions and how its broad interpretation can be harmful for copyright law in general. The Division Bench of the Delhi High Court in December 2016 dealt with a rather interesting case that sparked a lot of controversy, owing to the magnanimous number of stakeholders involved, which were, the students of Delhi University. The issue pertained to ‘course packs’ distributed to students by a photocopying centre. These ‘course packs’ would be created as a collection of photocopies of portions of books as required by the students for the syllabus. The precedent set in the judgement would change the entire concept of educational books and authorship in years to come and with the rise of the digital era, would change how the education system works with respect to educational resources

Article 15 of the Indian constitution deals with discrimination on the basis of caste, gender, religion, sex, place of birth... Basically the inherit discrimination in the Indian society among the gender, sex and caste found in the Indian society due to division of the population on the basis of their occupation, but the passage of time the motive of the caste classification changes their intrinsic values and takes their converted version and the caste system now based on birth. In India discrimination on the basis of gender is also present in society, Parliament of India, highest body for the legislation not yet pass a bill for 33% reservation for women in the Lok Sabha election, however, reservation for the women in the Panchyat elections since 1993. All the humans are equal because of all are human but all humans are not equal in physical and mental level. For the equality among equals constitution of India has special provision for the women and children. And for the betterment for the backward classes many provision enables in the constitution. This article is analysis of article 15 and its provision.

Environmental philosophy studies, analyses and to some extent justifies the human actions/interventions into the non-human world (Environment). It examines the relationship between the Mankind and environment. Green criminology is at a very nascent stage. It is radical and contemporary to the transgressive criminology. It is the study, which is interested the cause and impact of the harm caused to the environment, even though when such harm caused is legitimate. It is not the study based on one theory, its scope is ever evolving and takes into account the progressing harmful, dangerous actions. Plundering and exploiting the natural deposits of the Earth, for the well-being and benefits of the powerful strata or for the greed of mankind has only freshly been taken as crime (Green Crime). The present paper focuses shall on to all such kinds of harmful behaviours, which has capacity to cause difficulty for the survival of the life on this planet. These harmful acts committed by mankind in daily lives is termed as Ordinary acts which reduces the potential to assist the viability of life on this planet. Moreover, such ordinary acts have numerous features and characteristics like: they are openly performed, they are not forbidden by law, they are acceptable, acts performed in routine by an individual, which collectively have a fundamental, considerable influence on the environment. These behaviours shall be discussed from the perspective of the acceptable socio-psychological theories of criminology like: strain theory, social learning theory and opportunity theory while unravelling the criminality

Torture as an act is not just limited to the dictatorships but also personnel in the world’s largest democracies also use torture as a weapon and use multiple methods of torture against the arrested, the suspected and the prisoners as well. Though torture is an International crime yet countries around the world yet use it in the war against terrorism. This paper discusses the morality of torture in light of the ticking bomb problem. Whether torture is justified in some circumstances where there is a question of the greater good. This paper further delves into how India as the largest democracy in the world with multiple laws and judgments with regards to protecting the rights of the arrested the prisoners has failed to protect their basic human rights and how custodial torture has become a disease in India. It also discusses the problems with the Anti-torture bill that is still pending in the Parliament since 2010. It also discusses the various recommendations of various police commissions as well as the National Human Rights Commission. To sum up it to:- Discuss the morality of torture. Discuss the International Jurisprudence with regard to torture specifically under the UNCAT, the ECHR and ICCPR Discuss the Laws in India protecting the rights of the arrested, Discuss the jurisprudence leading up to the Anti torture bill that was introduced in the Parliament in 2010 Analyse the various judgments of the Hon’ble Supreme Court of India Discuss the rights of women prisoners in India.

The Real estate industry in India is growing and emerging with new trends, making it one of the most prominent areas for commercial transactions. It also leads to instances under which contracts are entered into time and again to carry out projects that stem from the policy making wing of our country for better infrastructure. The nature of these contracts are not merely for the performance of duties and responsibilities by the parties but also deal with clauses for arbitration as a mechanism to settle disputes that may arise during the course of the contract. This clause is present to ensure that the parties maintain their relations for professional future prospects. The recent trends indicate the growing need for ensuring a proper legal mechanism for the parties who bear the loss as a result of non adherence to the terms and conditions of the contract. This loss is mainly incurred when there exists a non performance of the work stipulated in the contract or failure of adherence of time in the contract. This paper analyses the several instances of disputes in construction contracts that fall under International commercial arbitration and time limitations in passing of the arbitral award for upholding the element of time being of essence in the contract..

As the nation progresses, there are many changes that takes place in the country. With the convergence in technologies, life is getting easier. If we consider a wrist watch which shows us the time is no longer just a strap on our wrist but a lot many facilities such as camera, GPS, music and etc. at one place. If we look at our daily activities, wherever we walk, whether it is any shop, cinema theater, malls, restaurant, petrol station, we don’t need the currency notes to transact, all we need is a plastic with a chip in it, which is our credit or debit card. We even use online transfer to do transactions. We just swipe our card and the transaction is done. The money from one account gets transferred in the account of the shop owner. The question in the mind of the people here is that where is all the money used in online shopping? It might be on some computers, stored somewhere in the world, which we assume is safe and protected we use e-mail for communication by electronically sending messages or important documents, but we don’t know if any person has created fake email in our name and using that particular email for sending dirty messages picture and videos to our relatives and friends. So, with growing technologies, crime against such technologies are also increasing. Thus, our interest in this work is all about the cyber-crimes and e-frauds happening in the reaction of the present Information Technology Act, 2000.

This paper explains various mental disorders which are persistent in children and how the legislations have enacted Mental Health Care laws in order to protect them. Earlier legislations for mental health were mainly concerned with the custodial aspects of persons suffering from mental illness and protection of the society The laws formulated by Indian legislations are also concerned with the determination of competency, diminished responsibility and welfare of the society . United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which sets a perfect example in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new level of standard is based on the presumption of equality, dignity and legal capacity. Human right activists can't press more than they already are for enactment of provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

This paper explains various mental disorders which are persistent in children and how the legislations have enacted Mental Health Care laws in order to protect them. Earlier legislations for mental health were mainly concerned with the custodial aspects of persons suffering from mental illness and protection of the society The laws formulated by Indian legislations are also concerned with the determination of competency, diminished responsibility and welfare of the society . United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which sets a perfect example in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new level of standard is based on the presumption of equality, dignity and legal capacity. Human right activists can't press more than they already are for enactment of provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

Evolution of Internet is one of the biggest benefits which human mankind can ever have. This evolution has changed the whole game play in the market. People have access to every place, person, market etc. With growth of the internet the commercial work started through internet. These commercial works are termed as E – Commerce. It includes many activities like, shopping, online taxi booking, supply chain management, automation, food delivery, electronic payments etc. The development of E-commerce, has made easiness for both buyer and seller as seller can reach to the any part of the globe and buyer has unlimited choices to access any seller. E – Banking sector has developed with the globalization of the country. With the introduction to the E – Commerce it was important to for the banking sector to develop its function for the easement of for both buyer and seller. Banking sector in India has amended many changes with the time which is helpful to its customer but it has also given scope to bank fraud. Issues with E – Banking have also as increased as there is no strong law to protect the IT sector of Banking regulation

The paper is an introduction to moral and political philosophy. This paper explores the classical and contemporary theories of justice and applies these theories to contemporary legal and political controversies. The paper talks about various topics inclusive of affirmative actions, income distribution, same-sex marriage, human rights and property rights. These topics include arguments for and against equality and dilemmas of morality in public and private life. This paper includes different approaches and comparative analysis from utilitarian to libertarian. The paper covers the differentiation between two moral reasonings one being consequentialist and the other being categorical, and how does this affect an individual’s decision making during a moral dilemma. This paper discusses the tools to persuade people and also states the way to sort out our moral convictions. This paper also states about Thorndike’s analysis that whether any want or amount of satisfaction which exists; exists in some amount and therefore measurable and the author has tried to answer several questions like whether we have certain fundamental rights? What is the work of consent? Where do the rights come from if not from some idea of the more significant welfare or utility or happiness? What is the moral work of consent? This paper explores whether Thorndike study supported Bentham’s idea of utilitarianism and how justice is the most sacred and binding part of morality.

Public Interest Litigation is a kind of litigation aimed to protect the interests of the public. As India is a home to the people of different sections of the society and among them there are some unprivileged people for whom the concept of PIL becomes a tool of social justice so that they are not deprived from their basic human rights. It also fulfills the aim of our Indian Constitution to meet the expectation of people from all the sections of our society. We have welcomed several landmark judgments as a result of PIL in varied fields of interest like environment, health, education, etc. which brought a great impact on the laws of India. There are many important steps taken by the state as a result of several PILs filed. With it, the concept of PIL has also broadened the scope of locus standi i.e. standing in the court. The concept of PIL is a new concept of litigation which has evolved from the interpretation of the judges. In past, time to time different important judgments have created a base for the introduction of this concept. Even some of our constitutional principles (like socialism, social justice, access to free legal aid and different others) can also be said as a base for the introduction of this concept. This paper aims to give an insight into the concept of PIL. In the first part there is an analysis on how this concept took birth in the Indian Legal System. There are also some international instances discussed about the genesis of this concept. Further, there are landmark judgments discussed which came out as a result of several PILs filed. Also there is a comparative discussion on the concept of PIL and the locus standi, followed by the discussion on the process of filling a PIL in the Indian courts of law. Furthermore, there is a review of different challenges which were/are faced in enforcing the Public Interest Litigation in India and the initiatives taken by courts to deal with the same. With all these, the paper is concluded with the ideas of making best as well as positive use of this concept in order to fulfill the aim and the spirit with which this concept was introduced. Moreover, this paper takes the reference of different aspects related to Public Interest Litigation in Indian context.

Noise is consequence of everything that we do. It forms part of our everyday background and for the most part we just accept it or at least tolerate it. Nevertheless, noise has the capacity to cause conflict between those who are generating it and those who hear it but do not wish to. So, Noise pollutant has become a great nuisance these days. It is spreading so fast that it has started polluting the environment of the society. Due to rapid growth of urbanization, industrialization and advancement of science and technology, the problem of noise pollution has emerged as one of the serious problem and it has become a serious challenge of the quality of life of the people in most of the countries. Mankind's capacity to create noise has increased dramatically. Noise surrounds us, the roar of vehicular traffic, the bustle of crowds, rapid industrialization, and the passage of trains and airplanes. The home can also be invaded by noise, the amplified music and dogs may also become causes for noise. This article critically analyses legal provisions regarding control of noise pollution by vehicles in India and United States of America

Every person has the right to take decisions according to his will and his liberty. He is independent and is free to act in the manner he desires to. However, it is imperative that the individual does not exercise this autonomy in an unfettered manner which goes to the extent of infringing upon the rights of another individual. Criminal law comes into picture when a person does not recognize his/her responsibility of exercising his rights in a reasonable manner. We argue that criminal law plays a crucial role and is necessary for the society. It upholds the idea of public conscience and values. It reduces harm to the individual by striving to protect him and bringing down the feelings of vengeance of the victim by punishing the perpetrator. Punishments under criminal law serve as a deterrent which is seen as a crime prevention strategy. Although criminal law in itself could be put under number of reforms, for example, the relaxation of imprisonment periods or making rehabilitation a cornerstone, it is difficult to have alternatives to criminal law as a whole that could work with more or same efficiency. This essay seeks to explain this view by exploring the nature of humans as theorised by acclaimed philosophers and the existence of hegemony in the society that explain the importance of criminal law, the reason for society’s overdependence on the same and its inability to rely on other means.

Recent outbreak of covid19, its alarming level of spread & severity from the very origin of China in Wuhan, China’s response to control pandemic and its initial inactions, need some in depth analysis of situation from the very initial stage. Also, complex Geopolitical situation all across globe, competitive advantage one over other & changing scenarios seemingly threatened existing world order. This Geopolitical period is perhaps the most troubled since final decade of 20th century, which created more uncertainty for futuristic new World. One can predict adverse potential social impact, political impact, economic impact, through sober reflection & cost benefit analysis. It is de facto truth that world certainly going to change by whatever, parameters or diamensions one may take into consideration. Changing course of Polarization, Globalisation, Multilateralism will add more weight in situation. Social order has already been changing . Economic order will take time as it requires more Economic stability , Non volatility & Investor friendly Environment. Furthermore, alteration will occur as emerging signals are concerned . Capitalist USA-Socialistic China, Democratic USA-Communist China, their sphere of independence vis a vis interdependence, both are notable players in this 21st century. Fierce trade rivalry between them, major disagreements in context of present geopolitical events will have serious implication in International system. Both have capabilities, to change existing world order and create new one based on their parameters, their self interest and their priorities. Fear factor is that this will have serious ramifications on developed and developing Countries. Consequentely, China’s rising footholds in world is cause of concern. Its diplomatic outreach to consolidate its control is something astonishing. My research paper will serve the purpose, to understand this geopolitical event (covid19) in multidiamensional way and highlights the possibilities of changed World Order with ongoing Diplomacy. Key terms - Foreign Policy, Diplomacy, Geopolitics, Petropolitics, Multilateralism.

The covid 19 crisis has been the worst crisis in the human history since the past 100 years. This pandemic has caused huge loss and damage to may things. The economy has shattered and many other such horrific things have happened with the pandemic. However worst the pandemic may be, human rights of an individual human being should not be violated. These rights are very vital for humans and are the basic rights given and guaranteed by the constitution of India. From all the humans, rights of the prisoners and people in juvenile homes is also vital. The article discusses these prisoners’ rights amidst the pandemic and what the government is doing to protect these people’s rights. At the end, the article ends with the conclusion drawn by the author and suggestions to improve the conditions of the prisoner’s and protect their rights in this pandemic.

The word “homicide’ is derived from the latin words homo and cide. Homo means a man and cide means to cut, therefore homicide means the killing of a man. Homicide is also synonymous with the word murder. Nothing is more precious to man than his life. Therefore, killing a man is one of the most heinous offences man can commit. The punishment given by the jury for such a crime is also of great magnitude; as such a crime is unforgiveable. However, there are certain circumstances where the crime is considered for pardon. Homicide can be justified in certain cases and the punishment for the same can also be mitigated. These are very special circumstances. The concept of justifiable homicide arises from the grouping of offenses amounting to murder under certain heads. The classification is done on various factors including the gravity of the motive and intention, the kind of intention, the personality of the wrongdoer, et cetera. The degree of punishment awarded differs based on the category of murder. This differentiation has not evolved recently and has existed even before the Indian Penal code was drafted. Awarding a punishment was also subject to a case to case basis, besides the standard categorization. For certain cases, the murder can be justified based on the intention or circumstances leading to murder. Thus the concept of defenses to murder developed. This system of justice can be traced back to the Hindu code of law and Shariat Law. The Hindu and Muslim dynasties that had ruled India before the British had adopted customary laws that had allowed for differentiation of murder and exemption or mitigation of liability. Several of these provisions have been incorporated directly or after modification in the IPC, whereas some have been omitted.

Lesbian, gay, bisexual, transgender and questioning individuals consists a minority and unwarranted group with distinctive character which are actually identified in paper but even today when it comes to reality, they remain deliberately unrecognized in the strata of the society. Prior studies have shown that these underrepresented social groups face unconcealed and stealthy workplace biasness, lack of professional success and workplace dissatisfaction. They are yet to come out freely in the society and walk with their heads held high in their work place without the fear of being degraded and judged. This post decriminalization period is yet to take into account and accept what the law has decided for this naturally inherited sexually oriented people and take necessary actions. Socio economic degradation, workplace prejudice and societal unfairness have made this people do informal jobs for their livelihood. Despite increasing social acceptance and lessening disapproval, many individuals are still disagreeable working with lesbian, gays, transgender, bisexual peers. We are yet to solve this problem being faced by this community people in the workplace as well in their daily life. We are yet to bring in action to what is written in papers to real life after this post decriminalization. Although, the decriminalization of section 377 of the Indian Penal Code is done on paper, the acceptance by society is yet to take its course. The judgment was just the start to the battle towards recognition of identity of the community and the community still faces a lot of discrimination, unemployment and harassment in workplaces. There are several laws shielding their identity from such sufferings but the society is far from complying with those provisions. Hence, it should be an eye opener for the society that LGBTQ community is a legalized community and should be equal opportunities as other citizens.

Summary trials were introduced with the perspective of having an effective tool to curb long pending criminal trials in the country. A overburdened judiciary has been of concern for the law-makers, judicial officers and executive authorities since long. Justice delayed is justice denied. A criminal trial is often based on the premise of not only ascertaining guilt but also determining the innocence of the parties involved by ensuring that unnecessary hassle and injustice is not done to both of them. Our Criminal Justice system has come up a long way in ensuring a fair mechanism of determining guilt and innocence and also balancing the interest of the accused and victim, but has often been targeted on the ground of on-going battle for justice for decades, which the parties have to undergo causes mental, physical and financial loss in the long run. The Apex Court of the country has read right to speedy and fair trial and accessibility to justice as part and parcel of Article 21 of the Constitution, thereby, creating a strong edifice of justice delivery system in the country. Summary trials were hence, understood as a mechanism to plug-in the loophole of ever continuing criminal trials, but it also raised many questions regarding the friendliness of the adoption of this mechanism with respect to the accused and the victim concerned. Key phrases : Summary trial, criminal justice system, fair trial, justice delivery system, speedy trial, accessibility to justice, overburdening of cases, long pending trials.

Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent. Even though, Marital rape is a very heinous and atrocious crime, still it has not been criminalized in a number of jurisdictions, with India being one of them. This paper attempts to highlight the core issues of Marital Rape by highlighting the history, the role of our current society and various judicial pronouncements, which has led to the current problem of Marital Rape in our Society by not addressing the issue properly, and in a sense turning a blind eye to it by the Courts. This paper, along with addressing the issue of Marital Rape, also attempts to provide suggestions in order to guide the Legislature and to create awareness about such a grievous issue, which is still treated as a Taboo in the Indian society instead of a heinous crime, leading to a regressive state of development of the society as a whole instead of progressive. This Paper attempts to bring to light the current scenario of the Indian Criminal Jurisprudence

The provisions for automatic stay on the enforcement of an arbitral award under Section 36 of the Arbitration and Conciliation Act 1996, due to a challenge to set aside the award under Section 34 have long been criticized as going against the object of the Act, i.e. to provide a speedy and cost effective method of dispute resolution with minimal judicial intervention. This irregularity was rectified by the Arbitration and Conciliation (Amendment) Act 2015 by amending Section 36 of the Act to negative the provisions for automatic stay on the filing of a Section 34 petition. Furthermore, the Supreme Court, in the case of BCCI v Kochi Cricket Pvt. Ltd. Had categorically stated that the judicial interpretation of Section 36 to allow an automatic stay on the enforcement of an arbitral award was patently false as the proceedings under Section 36 were merely procedural in nature. The Court also held that the 2015 amendment would also apply to Section 34 petitions filed before the commencement of the 2015 Amendment due to the same reason. However, the legislature enacted the Arbitration and Conciliation (Amendment) Act 2019 to substantially negate all the progress made by the 2015 Amendment and the BCCI judgement by inserting Section 87 and repealing Section 26 that was inserted by the 2015 Amendment. The present paper is an in-depth analysis of the evolution of the provisions for automatic stay on arbitral awards which finally led to the Supreme Court’s decision in the case of Hindustan Construction Company v Union of India, in which the Court has held that Section 87 of the 2019 Amendment was violative of Article 14 of the Constitution, and that the language of Section 36 warrants no automatic stay on enforcement.

The year 2020 has marked severe economic drawback in India due to the outbreak of the Covid-19 Virus. The present scenario reflects that more than 2 lakh people have been tested positive with the virus. The fear and the lockdown imposed by the Government have further deteriorated the functioning of the business enterprises. Insolvency and Bankruptcy Code,2016 deals with the provisions for declaring insolvency and resolution of the companies in cases of defaults in payments of their dues. In the light of the present economic conditions several changes have been introduced by the Central Government in the Code to help revive the economy and protect the interests of the corporate debtors as well as stakeholders. This paper aims to analyse and study the three major changes i.e. Insolvency and Bankruptcy Code (Amendment) Act, 2020, Increase in the threshold limit by a notification issued by the Central Government, and Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020

The legal doctrine on basis of which the state or a sovereign of a particular state are “immune” from any civil or criminal legal action is called as Sovereign Immunity. This concept has been prevalent since ancient times with phrases like ‘ the king can do no wrong’ and have continued presently through sovereign immunity in the form that a government can do no wrong. This principle exempts a particular state from taking responsibility and the aggrieved party is generally not provided with justice. This concept has been interpreted differently across the globe. Usually this principle depends upon the relation between the nation, existing treaties for the same, the laws of the nation, international standing of the issue etc. This paper attempts to understand this principle by comparing its existence in three different countries. The concept has evolved differently in all the countries due to various factors like international standing, relation with other countries, type of government, policies of the state to name a few. This principle has many advantages and disadvantages which will be examined based on the attitude of these three countries with respect to sovereign immunity.

The Article encompasses the Legal effect on the Real Estate Sector by the Coronavirus Pandemic. The Real Estate has seen numerous changes in Policy, structure even after it has been regulated since 2016. The Paper shall deal with how the Pandemic will affect the sector post all three phases of unlocking India. Different measures by the states to save the sector have also been laid down by the Paper.

Asian Centre for Human Rights (ACHR) in its report, discharged on June 26, stated that an aggregate of 1,674 custodial deaths, which includes 1,530 deaths in judicial custody and 144 demises in police custody, took place between the period of 1 April 2017 to 28 February 2018. Which implies that on an average there were around 5 custodial deaths for every day during this time period.Prisoners have human rights and jail torment is the confession of the inability to do justice to living man. For a prisoner, all the basic fundamental rights are an enforceable reality, however limited by the fact of imprisonment. However it is simply stated, the demise of an individual in custody whether of the Police or Judicial will add up to Custodial Death.Undoubtedly, the police plays a crucial role in protecting our life, freedom and liberty. But the police must act appropriately, demonstrating fall regard to the human rights of the individuals, remembering that they are likewise underneath the law, not above it and can be held liable for the infringement of human rights. The charge of merciless custodial viciousness by the police regularly bringing about the demise of the arrestees is not new.

It is very well understood fact that a large portion of our lives depends on the corporate players, be it our packaged and processed food, the water we drink or our day today requirements. Not only the corporate world fulfils our above mentioned requirements but also supports economy by the wealth generated and by also providing employment to the ones in need. But, as we know that with great power comes great responsibility. Just like the way in our society we owe responsibility towards other individuals to not to harm them and not to break the law, the corporate players also likewise owe a sense of responsibility towards the public who act as their customers and to abide by the law. Companies holding responsibility against the public means that they owe the duty not to harm their customers through their product and also not to break any law in terms of achieving large profit. But this is not the case always as there are some corporate players who have been famous for exploiting, looting and cheating their employees. As of now there are 5651 companies listed on BOMBAY STOCK EXCHANGE out of which 2750 companies have vanished after generating capitals and looting their investors, this is called mysterious disappearance which is one of the major reason for the havoc created now a days in corporate world. Through this paper of mine I will like to raise some light on the meaning, the affect, nature and types of corporate crimes and will like to generate an awareness towards corporate crimes which is very less in Indian public.

The World Health Organisation (WHO) which has affirmed the COVID-19 as “pandemic” which was declared on March 11, 2020. The concept of force-majeure which has been throughout history connected to “hardship of performance.” FM clause while interpreting narrowly, and the party who are evoking such clause have to pardon their performance which must prove the occasion being referred to falls within the extent of the clause. It seems to be reasonably evident that the World Health Organization’s recent division of COVID-19 as a “pandemic” would bring in this outbreak as being within the extent of at least those force majeure clauses that incorporate “pandemic” and even “epidemic.” The effect of such occasion could result in termination of an agreement, which additionally relying upon the particulars of the agreement. What had to be analysed which depend upon the case-to-case. Whether the contractual proviso could have be completed in spite of the interruptions caused by COVID-19. In this procedure, it is fundamental to ensure that parties do not use COVID-19 and the lockdown as a blanket to cover a disguise a contractual breach that would have happened in irrespective of the occurrence of such events. Through this research, researcher also aim to analysis the International prospective of force majeure clause

Section 143(3) of the Income Tax Act, 1961 comes into play after the return is filed under Section 139 or as per the notice given under section 142(1) of the income Tax Act, 1961. The Assessing Officer has the power to send a notice if he has a reasonable necessity to know whether the assesse has filed any understated or over stated amount in the return under section 143(2) to the assesse, who has filed the return and verified by following the procedure as per Section 143(1) of Income Tax Act, 1961 called as Summary assessment without calling the assesse. If any Scrutiny is required then for that purpose he can ask the assesse to provide for any evidence or particular document needed for confirmation of the doubt or ask him to appear in the office on the particular date given in the notice served to the assesse. Then as per Section 143(3) the Assessing Officer if any evidence is called for, should consider that evidence produced before him and should pass a written order whether the return filed by assesse is valid or not. Also should calculate the amount of losses or refunds to which the assesse is entitled. There are also some provisos in this particular section. This entire scheme of assessment done by the assessing officer as per Section 143(3) is known as “Scrutiny Assessment” or “Regular Assessment”. In the project the author would like to understand and analyze how this scrutiny assessment is followed in case to case basis. How can the scope of the scrutiny assessment is limited is also discussed by the author in the project.

Women’s health has long been a concern but today it has become an urgent priority. Since birth, she is trapped in the vicious circle of structural violence denying her the access to education, healthcare and trapping her in pervasive victimhood. This paper aims to bring into light two important health issues faced by women: Female Genital Mutilation and HIV/AIDS and the society's response to it. The research has also been focused at the different international regimes and covenants framed for women empowerment. Suggestions as to the reforms needed for curbing the stereotypes and deconstructing gender roles have been discussed simultaneously

Traditionally, conceptions of sexuality were seen as a social construct of male power: defined by men, forced on women. This was reflected in the laws that were drafted through the eyes of men, aiming to regulate sexual reproduction of women. Third-wave feminists wanted to prioritize greater autonomy in women's reproductive rights, which included access to safe and healthy contraception methods amongst others. This paper attempts to enter a socio-legal discourse on whether right to contraception is an essential part of women’s autonomy. The international framework along with various feminist approaches to the issue are explored. The differences between the western struggle for a right to contraception versus the Indian struggle for the access to contraception is noted. The current laws governing right to reproduction in the country, (specifically contraception) is delved into. Finally, the stance of Indian Courts is analyzed in comparison with the feminist approaches. The idea that laws governing childbirth is not purely with regards to the biological function, but an extension of gender dynamics, is the inherent point at issue. Keywords –Right to reproduction, Contraceptives, International laws, Feminism, Indian context

Scrapping off the special status of Jammu and Kashmir was one of the major steps taken by the NDA government headed by Mr. Narendra Modi since it came to power after Lok Sabha elections of 2019. Abrogation of Article 370 was one of their political agenda since the very beginning, because of which the abrogation was expected but what was not expected was the process and the duration to remove the special status. The Modi government scrapped the special status of J&K within just 75 days of coming into power. There are hundreds of people along with the opposition who were against the decision but there was almost an equal number who supported this decision. The Supreme Court witnessed a number of petitions questioning the constitutionality of abrogation which are still pending due to the sudden outbreak of COVID-19. In this paper an attempt has been made to explain the origin of special status given to the state of Jammu and Kashmir, connecting it with the UN intervention along with analyzing the question of constitutionality of the abrogation .

“Forensic Fingerprints” has become an increasingly important tool in the aid of legal systems around the world. It has contributed to meeting the ends of justice and making justice a little more just. This is especially true in the realm of criminal justice system. It has helped various investigative authorities and the courts alike in their endeavour to find the real culprit behind a crime scene. Forensic scientists across the world have been compelled to explore Forensic Fingerprints because, even the most astute and shrewd criminals, in many cases, leave their fingerprints, in crime scenes, which have been termed as “chance fingerprints”. In addition to this, “Forensic Fingerprints” has also gained the much deserved attention, for its accuracy and in the context of criminal justice system, for the heavy reliance placed on it by the prosecution to prove the guilt of the accused. This mandates the exploration of how such an important piece of events is perceived by the Courts. To this end this paper aims to explore this important area of Forensic Evidence, i.e., “Forensic Fingerprints” vis-a-vis how it is perceived by the Courts in India i.e. their evidentiary value in the Courts in India

The ongoing pandemic is hitting life across the globe - toppling structures and economies globally. This article highlights the overview of the ongoing amendments in the labour laws across the state for alluring the foreign investment because Indian economy is reeling under a demand depression, rising unemployment, and lowering of industrial output and profits. Specifically, tweaking of welfare labour laws would deliver a big blow socially, jeopardising social prospects of the working class of the country. Labour law defines the rights and obligations as workers, union members and employers in the workplace. Minimum wages laws are constitutional right bestowed upon art. 23 of the Indian constitution and any violation is a fundamental violation of the livelihood for the working class. This article states the long-term approach which should be validated rather than short-run remedies because the peoples from the unorganised sector will play a key role in national reconstruction required after the pandemic, and attending to them at this hour is the key

Rape has been defined under section 375 of Indian Penal Code, 1860. Its punishment is laid down in section 376 of IPC, 1860. However there has been no prescribed procedure to guide how rape a victim should be perceived by the society. Rape dumps its victim in the darkness and hopelessness which is accompanied by hostile behavior expressed by the family and the immediate surroundings. In the light of the above statement this article seeks to analyse the role of a society and authority, which it has to play while dealing with a rape victim.

The growth of Commercial Activities on the Internet in the present era of information and communications technology makes Domain Names valuable business assets and a Trademark in the internet world. Due to the rapid growth, domain name disputes have increased in India. There have been increasing instances of domain name abuse and misuse in the form of cyber-squatting. Indian Courts have held the domain names as online trademarks and business identifiers. However, due to the absence of a specific law, the courts have not been consistent in imposing fines and giving relief to the plaintiffs. Therefore, a comprehensive law against cyber-squatting that grants adequate protection to domain names is the need of the hour in India. This Research Paper focuses on Judicial decisions and the current legal framework relating to cyber Squatting in India. It also gives a global perspective on Cyber Squatting laws and International framework. At the same time, the research paper highlights the need for a specific Domain Name Protection Law in India. This Research Paper Aims to find what are the laws that are currently in place in India that protect Domain Names, the issues with them, understanding the International Framework and understanding the need for a specific Domain Name Protection Law in India

A country is said to be socialistic when it frames its laws based on the social values as well as the individual liberties. These laws are formed in accordance to the ideology of people and for the betterment of the society. Moral values and ethical principles vary from person to person. Way back when the Indian society was influenced by the western society and started practicing Live in relationship, a non-conclusive and enduring debate was initiated on various perspective as to the concept of Live in Relationship, its moral and ethical status and whether it should be legalised or not in India. The paper would have a detailed analysis of the Live in Relationship and the on-going debate on its ethical and moral ground which is creating chaos and conflict in relation to the social ethics and legal lenience. The author will present a perspective on the legalization of Live in relationship in the western countries and the way in which Indian society has been influenced by such relationship. It will also throw light on the ethical or moral stand of the Indian Society in respect to the live in relationship. The paper will further discuss whether the existence of such kind of relationship possesses serious challenges to the ethics and values of the Indian Institution of marriage. It will talk about the status and rights of the woman involved in such relation and the legal or ethical consequences of the same. The paper would thus thoroughly examine the importance and need of legalizing of the Live in relationship.

Domestic violence is a booming issue and a genuine concern in various countries across the world. Be it strained marriages or family members, it is a fact that domestic violence does not differentiate on the basis on gender, class, caste, nationality, or creed. In the case of a battered immigrant citizen, it is a rather overwhelming process to approach authorities considering his/her conditional resident status. One of the essential objectives of the instant research paper is to analyse the unprecedented risk faced by women or men in such marriages due to lack of knowledge about the local criminal justice, police and legal system in the place they have immigrated to. The roots of spouse-based immigration laws can be traced back to the common law doctrine of coverture which establishes the total control over a wife by a husband and chastisement allowed the punishment of a wife by a husband to force obedience to that power . It can be said that the doctrine is extremely patriarchal and archaic with respect to the rights that women have today. Hence, it can be said that this doctrine that heavily discriminates gender is the primary cause of having spouse domination, a major flaw in various immigration laws related to marriage that subsequently leads to domestic violence. Hence, the instant research paper aims to critically analyse the roots of such heavily discriminatory spouse-based immigration laws, the issues faced by such battered immigrants and it also will explore the legal rights that such immigrant spouses have who are trapped in domestic violence .

‘Simultaneous Elections’ is defined as structuring the Indian election cycle in a manner such that elections to Lok Sabha and State Assemblies are synchronized together. Indian polity is perennially in an election mode. On an average 5-7 Assembly elections happen every year. Such frequent electoral cycles end up negatively impacting administrative and developmental activities in the poll-bound states and impacts the larger governance process in general. There is a serious need to evolve a mechanism to end this frequent cycle of elections. When an Institutional has to take on the work of others, as the institutions have neglected their duties, Courts has to step in. This has yielded in several Statutory Results. The Commission noted that simultaneous elections cannot be held within the existing framework of the Constitution. Simultaneous elections may be conducted to Lok Sabha and state Legislative Assemblies through appropriate amendments to the Constitution, the Representation of the People Act 1951, and the Rules of Procedure of Lok Sabha and state Assemblies. The Commission also suggested that at least 50% of the states should ratify the constitutional amendments. Brief Review of Urges Are:- The key problem is that the Parliamentary System and the Electoral System from which it springs are fragmenting the electorate. On the other hand, the system is not yielding persons who have the competence, dedication and integrity to govern the billion people. Correspondingly, we should devise ways which improve the chances of getting a better type to man to execute. Thereafter, we should built, the balance away from Legislatures towards the Executive. We should seek to secure accountability through Institutions other than Legislatures. In particular, we should strengthen the powers and Role of our Judiciary System. Ultimately, our Legislatures have to be understood the Rules and Regulations have to be made powerful under the Constitution for our Judiciary System for the welfare of people who are residing in India. Constitutional Basis of Simultaneous Elections:- Niti Ayog defined ‘Simultaneous Elections’ as “Structuring the Indian election cycle in a manner that elections to Loksabha and State Assemblies are synchronized together.” Simultaneous Elections were held in 1951-52, 1957, 1962 and 1967. The cycle was disrupted due to premature dissolution of assemblies, in 1970. Loksabha, too, was dissolved early. The Election Commission has suggested as early as 1983 that a system should be evolved so that elections to Loksabha and State Legislature Assemblies could be held simultaneously. Justice B.P. Jeevan Reddy headed in Law Commission said in its 170th report in May 1999 that: “We must go back to the situation where the elections to Loksabha and all the Legislative Assemblies are held at once”

The concept of mistake of fact under law is internationally accepted and is allowed as a defence to those who act on a mistaken belief in committing an offence. Through the years, there have been jurists and legal luminaries who have attempted to objectively define its standards of application, however there has been no consensus on the matter which caused the application to be varied and has increased the burden on courts to arrive at a justified interpretation. The opinions of various jurists and the ratios of landmark common law and civil law cases have been referred to in order to highlight the differences in interpretation and application of the exception. Emphasis has been laid on application in Indian Courts and the interpretation of the law concerning the defence of mistake of fact. This paper aims to identify the problems in not having certain universal standards of application with a special reference to the case in point which highlights the problems and fallacies in the Indian laws. The moot issues in relation to the application of the exception are the concepts of ‘good faith’ of the accused and the theory of justification which have been elaborated upon hereunder. In order to ensure that proper justice is served, there ought to be certain principles which have to be universally applied to every case where the defence is pleaded thus ensuring no miscarriage of justice. The paper would not deal with or question the validity of the exception in terms of fact or law but only with the standards of its application which shall also be strictly limited to mistake of fact. This paper is ultimately aimed at substantiating certain standards that can be applied universally and thus ensuring that in interpreting the defence, courts and judges alike do not allow their subjective cognition to seep into what essentially ought to be an objective standard

India started to acknowledge that migration would be the biggest trigger in the near future during independence from 1947 to 1952. The leaders of the nation decided to give citizenship rights to the population in India according to law and constitution. So when the leaders of the nation decided that giving citizenship rights to the population in India would create a lot of dilemmas that is when they determined to introduce the “ CITIZENSHIP AMENDMENT ACT 1955” in which population who migrated during the partition would be recognized as citizens or immigrants but this legislation was not fruitful so the bill was amended. The recent “CITIZENSHIP AMENDMENT ACT 2019” was the latest amendment made to the CAA 1955 bill, CAA 2019 is called to be unconstitutional as it only allows population flew from Pakistan, Bangladesh and Afghanistan to India who belong to Hindu, Sikh, Jain, Parsi, Christian, and Buddhist and who came before 31 Dec 2014, excluding Muslims. CAA 2019 is causing suggestive pressure of proof that should be prove that they are the citizens of India and also affecting India’s foreign relations across the globe. This paper also explains about how the CAA 2019 is discriminatory in nature and how the legislation is affecting the fundamental rights of a person and the national security of the country.

Secularism is an integral part of India where freedom of religion is a fundamental right provided to all citizens where religion is considered most important aspect of all most every citizen of the country. The Indian constitution and many other law states about protection of religious belief, religion is a sensitive topic it only involves morals of person but also includes upbringing of an individual .The undeniable fact is there are many flaws are accepted and rectified ,violence in the name of religion is becoming part of daily activity, tackle the hate crimes. The majority of hate crimes are mostly done through the social media and other various modes. Author in this article concentrate on religious law and crimes to accept the flaws know the drawbacks and come up with effective legislation and bring unity among the people. In 21st century although we are ahead in technology, still we are finding it hard to Religious is basis of human life which is not mere a belief but way of living as the livelihood of each religious follower differs from other

This paper aims to disentangle the debate regarding the interpretation of the term ‘murder’ used in Section 25 of the Hindu Succession Act, 1956. The paper shall determine whether the term murder under Section 25 of the Act solely confines its definition to its technical meaning opined in the Indian Penal Code, 1860 or is subject to exposition in terms of public policy. By throwing the light on various case laws the paper will examine the cases where the accused was convicted under other sections of the Code apart from Section 302 and still disqualified under Section 25 of the Act. The paper shall also ascertain if there is a need for amendment in the provision under Section 25 of the Act to meet the present social demands of the society.

In this paper, an attempt has been made to understand and analyse the damage done by the Covid- 19 pandemic on the international trade and the consequences which continues to follow. Wuhan Municipal Health Commission, China, reported a new virus on 31st December 2019 which was causing cluster of pneumonia cases detected among the people living within the premises of the city of Wuhan, Hubei Province of China which was subsequently identified as a novel coronavirus later termed as SARS-CoV2 or in a more general term COVID-19 pandemic. This paper discusses about how the virus has outreached almost all nations creating a havoc and a mass death toll raging among the human population living thousands of miles apart separated from borders created by both the sea and the land and later discuss as to how it now poses a major global crisis to all the economies of the world irrespective of their size and the thriving economic power they possess. The ghost of this event looms large. This paper provides a thorough and an impact analysis of the way COVID-19 threatens the life of millions around the globe and how it will endanger their livelihood in the near future if this health crisis reaches a state where it will have an enormous impact on the world economy, trade, consequently on jobs of people and their well-being. It concludes with a conclusion and preventive measures which can be taken by the countries across the globe to fight the incoming global economic crisis.

Introduction: There are some common unethical business practices in corporates like Misleading Product Information, Unfair Competition, Mistreating Employees, Manipulating Accounts, bribery etc. that many companies around the world are guilty of adopting for success. This paper shows how the WorldCom Company used unethical ways for its functioning. Any sort of unethical trade practice in any kind of business activity have serious consequences which hinders the business and most of the time it is not able to stand in the market as before. Objective: The paper is an attempt to throw light on the unethical practices being carried out by the WorldCom a leading telecom company. The way in which these unethical practices impact the reputation of the company and also its stockholders is also discussed here. It is a lesson for other corporates across the globe with measures to improve the business which is conducted on a international platform. It is just a paper that shows the conditions of businesses who uses such unethical ways for their business activities. Approach: The paper deals with the concept and case study investigation performed with reference to the effect which WorldCom’s unethical practices had on its investors. Findings: Regrettably, in the current scenario, it is noticed that a there are umpteen cases of unethical practices in corporates / organizations when it comes to dealing with finances. On deep analysis of WorldCom’s case study, the point to be noted is that due to company’s involvement in manipulating their books of accounts to deceive investors, lenders and end-consumers people lost the trust in WorldCom Company and hence the brand reputation of WorldCom was crashed. The case study sets an example for other companies if they involve in getting unprofessionally accomplished success and hence devise regulatory setups which will be of help to prevent such occurrences in future. Limitations: This research paper is conceptualized and is purely based on published reports

The world is beset by refugee crisis especially in the 21st century. All the major countries of the world are dealing with this situation in their own ways. In this context, the Refugee Convention of 1951 and its Protocol of 1967 grants the path by which such countries can deal with this situation. Though a number of countries, including India, have not ratified the convention but because they have ratified other human rights treaties and convention, they are equally bound by the convention forming the part of international customary law, especially the policy of non-refoulement that governs the situation dealing with deportation of refugees in the country of their origin where there is substantial fear of them facing persecution due to their race, religion, nationality, social group or political opinion. Objective of the paper: The paper seeks to analyse the policy of non-refoulement as part of international customary law and what is the trend that countries are adopting with regards to such a policy in the wider umbrella of their domestic refugee legislation. Research Methodology: The paper is based on primary data collected from Books & Articles and secondary data collected from internet, newspapers, magazines and journals

Spousal rape is also known as rape, victim rape, marital rape, or inmate rape. Marital rape is same as rape. In relationships when there are women who get unwanted or forced sex with their husband’s they are called as spouse's rape. Since, a very long time marital rape is a crime which women’s are tolerating from a long back which really needs to get addressed. Marital rape should be a crime in India as rape is rape whether it is committed by an unknown person or spouse and I do not stop here that marriage rape should be criminalized it should be criminalized but there should be many changes to current rape laws. Marital rape is a crime that outrages the dignity of a women .according to the teachings of the bhagvatagita no one has the right to violate or humiliate women, nearly 7.8 million women are raped by their partners every day, the fact that there is no physical evidence of violence does not mean that a women was never raped. - About 2/3 of the crimes are taken against a person known to the victims. Marital rape also violates the fundamental right of women to live with dignity , right to life and right to privacy is also violated covered under Article 21 [1] , and also Article 14 [2] – right to equality of Indian constitution Since, a very long time marital rape is a crime which women’s are tolerating from a long back which really needs to addressed

Our world will not be the same once its emerges from Covid-19 dramatically changing declared a pandemic by the World Health Organisation, on 24-03-2020 a nationwide lockdown is declared. The transmission and birth of the Sars-Cov-2 virus and The COVID-19 Pandemic has sparked profound suffering and misery all facets of life and of our International Legal structure. It brought a major disruption to economy across the world reflects greater global integration, Travel bans, Fall in Growth of countries depending on mining and oil exports, Impact on real estate sectors where certain change in income tax measures would help this sector to survive certain research report expecting real estate price to reduce in the range of 10% to 20% on account of mismatch demand and supply, the government of all the countries is focusing on maintaining social distancing to control the spread of virus by enacting lockdown. In this Article we mention about Covid-19 impact on law including Intellectual Property, International law, Environment law, Competition Law Concern, Data protection, Privacy and Security, Labour law and Workforce. Finally this paper conclude by providing suggestions and measures to ensure the safety of everyone while clinching to the idea of innovation.

Crypto-currencies are an exciting phenomenon of virtual world. Since their advent they have been seen as volatile and deceiving instruments by regulators around the world. However their adoption among the masses and backing of big names in tech has enabled them to weather the storms. Indian regulators have been highly apprehensive of crypto-currencies and for good reason. However as the understanding of these assets has developed, we are in a better position to regulate them and benefit from their value. The current article discusses the impact of 2018 RBI circular banning bank from providing banking services to crypto-currency participants and the recent Supreme Court’s decision in Internet and Mobile Association of India v. RBI which removed that blanket ban. The analysis of the above mentioned judgment has been done in the backdrop of crypto-derivatives market which is witnessing a global boom. The article places reliance on existing regulatory framework along with reports of public and private institutions to analyze the need of a robust and efficient framework.

In this paper we will study about rent and eviction norms in light of the circumstances created by the coronavirus pandemic all around the world. The worldwide imposed lockdown due to the spread of coronavirus all around the world has led to the economy taking a hit which in turn has led to billions of people losing their jobs. This in all and all has led to the development of the situation that the tenants of the property are not able and willing to pay the rent due to their landlords for either living in their property or using it as a workspace. The non-payment of rent by the tenants has compelled the Landlords to force tenants to evict the property which is being fought on various ground comprising of both legal and moral grounds such as the Force Majeure, i.e. the circumstances have prevented a person from doing the thing which had officially planned to do earlier and Frustration of Contract as enshrined under section 56 of Indian Contract Act, 1872. Though, it is considered as morally wrong to evict tenants over the issue of rent and suggested by government to not evict tenants in situation like this, it is also important to consider both the sides of the coin, i.e. the business of putting property on rent or lease acts as a source of earning bread for a number of landlords without any other source of income and the situation of not receiving rent puts them into a complex position in terms of feeding their family. It is due to these issues mainly that the government had stated that in case of default of payment of rent by the tenant, it would be paid by the government to landlords to maintain status quo. We in this paper we will study all the concepts relating to the issue of rent and effect of coronavirus on the laws

“We are not Angels that always act good, we are not Demons that always act bad, we are just Humans, we have both abilities. So, if some human made a mistake, blame themselves, not their religions, not their races, not their origins or their families.” - Zak Ebrahim, son of former terrorist El Sayyid Nosair The concept of terrorism has to be viewed from a broad perspective. Although, the first picture that comes to mind when terrorism is mentioned, is that of gory and brutal killing of innocent people on the whims of the terrorists. However, there are several forms of terrorism which are equally prevalent and these inter alia, include religious terrorism, eco-terrorism, cyber terrorism and narco-terrorism. This article specifically focuses on the subject matter of religious terrorism and the author in pursuance of the same has delved into its research and critically analyzed its substance along with comments and suggestions for the same. Keywords – religion, terrorism, non-state actors, politics, religious-beliefs, attacks

The rapid pace of globalization and technological advancements have created an environment which offers a plethora of products and services. While this has resulted in the growth of economy along with acting as a driving force for competition and innovation in the market, it has also given impetus to a very significant branch of law known as the Intellectual Property Rights. Industries and organizations enormously rely on enforcement of patents, trademarks and copyrights to protect their business interests and services while it is equally important for the customers as it helps to identify original and quality products/services. This paper focuses specially on the sub-category of Trade Secrets under Intellectual Property Rights and discusses the Indian legal system for protection of trade secrets while analyzing the existing trade secret laws. Protecting trade secrets is the basis for encouraging market innovation and to attract foreign investment and promote a healthy competition. Trade secrets make commercial activities positive and fair among competitors, so it is necessary to ensure that laws effectively protect their trade-related confidential information from competitors and the public. Trade secrets are relatively a new branch of intellectual property which is gaining a lot of traction, because in the era of globalization, the failure or success of any company depends on its trade secrets. Hence it is of paramount importance that India strives towards implementing the highest standards for protection of trade secrets which shall also ensure a fair and competitive market economy. Keyword(s): Trade Secret, Confidential Information, Intellectual Property Rights, Competition, Economy.

The advent of technology and artificial intelligence has been ground shaking in every aspect irrespective of its role and the sector concerned. Come to think of it, AI can do a lot in the litigation and legal profession. In fact, it already is doing a lot of work which used to be done manually. Using AI in litigation has two sides to it, firstly, the litigation costs would decrease due to less human involvement and more of machine work and secondly, it would also put a lot of junior legal practitioners and associates out of their jobs as what they used to do is already being done by the machine and more conveniently and at a much better pace. The technology is said to be capable of handling some of the complex litigation tasks such as legal research, drafting pleadings and even predicting judicial decisions and in fraction of the time taken by humans to do the same task.

Money Laundering is the process of concealing the true origins of money which is actually procured from illegal sources using outlawed methods or criminal activities. By the process of Money Laundering, money obtained via illegitimate means is converted into money that seems to have been earned through legal means. Money Laundering is an offence recognised almost across the entire Globe. It is used by some people for wrongful gains to avoid prosecution, taxes, etc. The Paper aims to discuss what Money Laundering means and the stages that illegitimate money i.e. "proceeds of crime" goes through before taking the form of legal "clean money". Further, the Paper shall be attempting to throw light upon the effect of Money Laundering on the economy. From a Statutory Perspective the Paper shall then talk about the Legislation that deals with Money Laundering in India i.e. Prevention of Money-Laundering Act, 2002 (hereinafter referred to as “PMLA, 2002”) along with its features. The PMLA, 2002 is an Act which came into effect on July 1st, 2005. The Act deals with the prevention and adjudication thereto of the offences relating to Money Laundering and its proceeds. The paper shall further discuss features some specific provisions like the ones relating to Arrest and Bail thereof, Attachment of Property, Adjudicating Authority, Statements made to Enforcement Directorate Officials that may be used in evidence, etc. An endeavour has been made to draw a comparison between the National Perspective and the Global position. However, for the most part, the paper shall be confined to the Domestic Scenario, for the sake of relevance and brevity. Next, the Paper intends to probe into the Judicial Outreach by discussing some prominent landmark Judicial Pronouncements clinched by some observations and suggestions

With the onset of the 21st century, the Internet has penetrated the lives of the global population in a significant manner. With the growth of technology and ease of access, more people are now online than ever before. India is no alien to this technological change. The Internet has proven to be a useful tool in dissemination of information, and has made it easier than ever before for information and data to flow. This data is also monetized online to sell ads, and therefore, information has economic value as well. However, with all these changes, crime in the cyber space becomes advent and the data and information on the internet are at risk of being misused. This paper discusses the various cybercrimes and their consequences with relation to women, with an emphasis on Delhi, the capital of India, and the risks and policy/safety measures to combat crimes against women in cyberspace.

The term “Secularism” as mentioned in the Indian constitution is an integral part of the country and the freedom of religion is a fundamental right provided to each and every citizen of India. We Indians, consider religion to be an important aspect of our lives. Not only our Country’s constitution but other state laws too, talks about protection and upholding of a person’s religious belief. In a country like India, Religion has always been considered as a very crucial and sensitive topic in fact to such an extent that India is considered as one of the most religious country in the world having a religious and divine culture dating to the early ages. But then again with every rose comes a thorn and religion wasn’t spared too and soon enough hate crimes and other violence followed suit. Violence in the name of religion has become a daily activity for suppressing minorities and hate crimes have increased by a huge extent. The word hate crime might be a simple English word but its effects are deeper and wider ranging than those of other serious crimes such as murders and assault. Its impact leaves an everlasting dent not only on the immediate victim but also on the community with which the victim identifies hence affecting social cohesion and stability. This paper concentrates on the crimes committed in the name of religion. More specifically, the first half of the paper discusses the concept and scope of hate crimes and its religious aspect and lays out an extensive timeline of the evolution of hate crimes in India post-independence and the latter half talks about the current scenario in India along with case studies.

The flagrant violation of arrest & detention guidelines in consonance with the whimsical actions of police personnel is almost as popular as are the fanciful ways adopted for arresting an individual even before a proper plausible case appears to be made out. What surfaces at later stages of the investigation and trial are instances of gross lapses and unreasonableness in curtailing of individual liberty thereby often accelerating public dismay at the functioning of the authorities. Usurpation of this power not only causes humiliation to the individual but also adds to the increasing number of petty disposals at the courts and acts lesser effective in cases of evasions and encountered arrests. In the midst of the ongoing pandemic, the numerous instances of frivolous cases of arrest registered against innocent migrants have been condemned and called out by the Apex court. In light of the alarming rise in such actions, the authors of the paper seek to address this legal premise and sensitize about the judicious use of the power so entrusted to the authorities

As the world started getting more civilized, there was an imminent need for certain individuals to make sure there was a proper order in which everyone was living, this was the first time the world had ever need police. These were supposed to be trustworthy individuals, who would work for the betterment of society and help decrease the crime rate. For this purpose, these individuals were vested with powers. Some police officers became national and international heroes, saving lives, arresting evil men and women while others became evil for the members of the society, inflicting nothing but brutality and violence. This article seeks to understand the history of police brutality in India and attempts to provide some solutions for the same.

Companies provide the endorsement deals to the sportspersons/ athletes who have the potential to become one of the best players in the sports. It also benefits to companies to increase their revenue by advertising their products/ services to the consumers. However, what happen when an accusation or any allegation, criminal or civil, be made on such sportspersons/ athletes who are closely associated with such companies. Therefore, Moral Clause comes into the picture. This kind of clauses give rights to the company to terminate the contract with the sportspersons/ athletes or to the sports organisation to terminate the contract. Hence, in this article we will see what is moral clause in the sports, how it is important for the companies and why it can be negotiated in case a well-established sportspersons/ athlete is associated with the company. The researcher in the present article done secondary research which include books, case laws, articles, journals, statues and online database

A well-structured taxation system prevails in India. Taxes here are the largest source of revenue for the government. This money is deployed for various purposes and projects for the development of the nation. Taxes are levied by the Central and State Governments along with local authorities such as municipal corporations. Taxes are categorised under two heads - direct and indirect. Direct tax is a tax levied on corporate entities and individuals which is payable directly to the government and is not transferrable. Examples are gift tax, income tax, wealth tax. Indirect tax, on the other hand is not directly paid by the assessed. It is levied on goods and service and is paid by the intermediaries who is usually the seller of those goods and services to the government.

The Article expresses the identification of monarchy, capitalism, communism and socialism. With the Geopolitics of the particular type of government run countries and their influence over the globe in covering both positive and negative aspects. It also examines the international law with its weakness and needs in maintaining the international peace and security with the proof obviously available in the international law itself and United Nations Organization It further prescribes the social consequences which happens in the very present day at different types of government, whether it is monarchy or capitalist or communist or socialist. This paper discusses about the future of international law in comparison with the philosophies of Gandhi who is the frontier of global peace. The Gandhian Philosophy which prescribes non-violence and ahimsa should be the cannon of international law. Any law made without or against the ethics is against the humanity. I wanted to live in a world with no boundary, no nation or any other differentiation. This philosophy is not a new one to the world but has been stated 3,500 years ago by a Tamil Literati called Kaniyan Poongundran. For many years, violence and weapons led the world. Only in recent days, knowledge and wisdom starts its domination over the humans. In a knowledge and wisdom dominated world, global peace should be the primary motive without any selfishness or any other dominations. The article also examines the inefficiency of International Court of Justice and contradictory of International Law with the happenings in the history by the name of Veto power. It also provides a solution to make the law more efficient than the present. But we may think in a nuclear weapon dominated world, it is not a possible one to achieve the international peace. But actually, Change is the only thing which never change. The change towards a non-violent society or a non-violent globe mentality is the primary process of attaining the international peace and security. When the thought changes so do the action change. Each and every actions and laws should be made in with the ethics not to dominate others. The international organization also must concentrate on the issues in maintaining the international balance of power and should be strong to interrogate any dominance by any nation without having obstacle by any of veto power. The Article also describes the sociological aspects of consequences faced by every type of country in the globe. In Conclusion, any laws should be made with ethics in order for a better future and peaceful, cooperative globe. The international law must also be effective to control the dominance of certain countries either by direct or indirect political, and economic over other countries. In the words of Gandhiji, use of force for offence and defense is different. Any activities or laws if violates the ethics. It goes against the humanity. Ethics should be made as laws. “Dharma is to protect the needy”

The Indian Penal Code gives the substantive aspects that would guide the criminal law in the country. It provides a general penal code for India . Looking back at 1860, the society was very distinct from what we see today. The Indian society has been largely patriarchal and various laws in the IPC have been made in the favour of women. Further amendments have also been appreciated in the context of ensuring that women get proper protection from the judicial system. However, we come across bias in the code, where the provisions are gender specific, and thus, these provisions have failed to adapt and function at par with how the circumstances of the society have changed . In this article, we discuss the gender bias in the provisions of IPC, the principle of gender neutrality and what repercussions do we face today.

This research paper entitled “Offensive Action on our Borders: India and Pakistan’s Relationship Through the Years" explores the various aspects of Indo-Pak relations. The purpose of this study is to delve into the reasons due to which the relations of Indian and Pakistan are deteriorating day by day. If we take a look at history, Indo-Pak relations were never good. Right from the partition of India and the scar of massacre of around 2 million people, this research paper explains the relationship between India and Pakistan in a chronological order. It includes the background to the demand of Pakistan, Muhammad Ali Jinnah’s demand and the subsequent demand of Pakistan, the origin of Pakistan, the Partition of India and the genocide of people of both the countries. The Indo-Pak war of 1965, the Indo-Pak war of 1971, insurgency in Kashmir, the Kargil War, diplomatic relations of India and Pakistan, State sponsored terrorism by Pakistan, political conditions of Pakistan, the Kashmir conundrum, terrorist attacks in India by Pakistan sponsored militants and the policy of “Bleed India with a Thousand Cuts” adopted by Pakistan have all been talked about in this paper. In writing this research paper, we have concentrated on explaining how the relations of India and Pakistan have deteriorated due to aforementioned events. While writing this research paper, we have done an intensive study of various books and articles of renowned authors of this particular field. Keeping in mind the complex and capricious relations of India and Pakistan, while writing this research paper, we have tried to explain each topic in a precise but knowledgeable manner so that the people who are totally unaware about Indo-Pak relations can also understand them. We have tried our best to include all the aspects important to understand Indo-Pak relations.

This paper examines the impact of the lockdown imposed due to the COVID-19 scenario on migrant workers in the informal sector of our Indian economy. Through this study, the authors elucidate the condition of these migrant workers and their exodus during the time of a worldwide pandemic as an invisible segment of the society for a long time. A strict lockdown was imposed nation-wide on March 23, 2020 because of which the entire country came to a halt. Following this, everything was shut down including the transportation services. Many people were stranded, including the migrant population, the most vulnerable, exploited and affected ones being the daily wageworkers and the entire informal sector. The consequences faced by them because of this, will be explored in the paper with a focus on statistical and individual qualitative experiences. The authors also comment on the impact of the covid-19 and the lockdown to discern the steps that are being taken as a remedy. An in-depth research has been done on the prevailing labour laws, new policies, ILO recommendations and fundamental rights available to these workers and their families. An analysis of how they have been violated or were crooked at points is also alluded to. An analysis has also been done of the condition and manner of tackling the situation in India and the steps taken by the government, concurrently making constructive suggestions at a policy level for the way ahead to end this humanitarian crisis

There are several International Investment Treaties/Agreements that are entered by the nations around the world for their economic and social growth. However, with this level of understanding arises several differences and disputes as well. In such times, understanding of the term ‘investment’ and how each investment treaty provisions are interpreted is absolutely necessary for resolving these differences. International Investment Agreements/Treaties entered between investors and the host states are governed by Public International Law, International Investment law and the laws governing International Commercial Arbitration. These laws mandate the contracting parties to include certain significant clauses including Most Favored Nation (MFN), National Treatment (NT), Fair and Equitable Treatment (FET) and Alternative Dispute Resolution (ADR) to enrich investments. The same will be dealt within this research paper in detail along with decided pronouncements. Methods of interpretation are considered vital in Investor-State disputes. However, most of the times while an arbitral tribunal deals with a dispute, there shall be an interplay between application and interpretation. This has also been discussed with attention to who may be the best interpreter. The Vienna Convention on Law of Treaties (VCLT) is considered to be one of the significant corner-stone when it comes to these kinds of interpretation and the same, along with several other methods of interpretation, are dealt with in detail. Further, it is necessary to understand and know about how each clause in the investment treaty are interpreted using these modes of interpretation by several arbitral tribunals. Thus, the last part of the paper will deal with the interpretation of these commonly found clauses in the international investment treaties and its effect on the arbitral award

This Article scrutinizes the transformation of the legal profession from lawyers as public citizens to lawyers who serve mostly private interests over the defunct decade that they have to come to operate reluctant to the increasing need of pro bono work and even if the firms entertained such cases, they were frequently handled on ad hoc basis putting burden on the individual involved in the case. Immediate and increasing demand of pro bono in India has not been supplied by its supply, and a coordinated, sorted out exertion by the lawful calling would go far towards guaranteeing the arrangement of value star bono legal services to the poor as enshrined in the Constitution and conclude that pro bono being a need of the hour as the concept of access to justice has merely become a notion rather than the reality for those in need and has remained an allegory for them.

With a boom in science and technology, the world is evolving but at the same time, the rate at which crimes are taking place every day is also increasing at a fast pace. Moreover, the mechanism to put a check on it doesn’t match up to its expectations thereby, endangering the dispensing of proper and speedy justice. One reason for such dilution in justice is due to deeply rooted divide between science and policing. The organisational arrangements that connect forensic science and police organisations vary. At an institutional and governance level, the moot question has been, the extent to which forensic services should, or should not, be located within police departments. In this respect, the basic theme of this research paper will revolve around the independence of forensic science laboratory from law enforcement agencies. The paper will highlight the need for such a cause, by duly stressing upon concerns such as bias and illustrations supporting the same. It will also present counter arguments to give a broader perspective regarding the subject matter at hand. The paper also gives out a few recommendations and suggestions for bringing about enhanced justice by minimising the bias in the prevailing circumstances. The paper ends via a conclusion, a review per se

Article 21 of the Indian Constitution guarantees to all individuals right to life and liberty. Adopted from the concept of due process of law as mentioned under the American Constitution, it is considered as the heart of the Indian Constitution. This article which had started with the meaning of mere freedom of human body in 1950 has evolved over the years to become a set of rights within itself to protect human life and liberty. But the judges of the Supreme Court as recently as in 2019, have commented about the need to expand the scope of article 21. This is because with changing times the human needs and priorities keep changing and the judiciary and lawmakers have to keep this in mind, in order to make sure that the laws are equipped to serve the basic needs of the changing times. Some of the rights which have evolved over the past 70 years are (i.) Right to live with human dignity (ii). Right against sexual harassment at work place (iii) Right to clean environment (iv.) Right against illegal detention (v.) Right to legal aid (vi.) Right to Speedy trial (vii.) Right to livelihood (viii.) Right to education and (ix.) Right to privacy.

Mob lynching is such a horrible act that cannot be justified by either means. A country which has an efficient and effective legal system, why people take law and order in their hand is a question which needs to be answered. Recent times in India, there have been incidents of mob lynching. And it has been seen that in the cases of Mob lynching, people consider themselves Judges, Jury and executive, and punish accused on the basis of suspicion. Authors start this paper by defining Mob lynching And by what existing laws in India, accused of Mob Lynching is punished. Later in the paper, the authors present what the Supreme Court has said about offence of mob lynching and guidelines given by it. And how other counties have special legislation for preventing and combating mob lynching. And later, authors try to answer why India need special Legislation to prevent and combating mob lynching

The COVID-19 outbreak has been an all-pervasive global effect on all the spheres of life, from socio-cultural to economic and political aspects. At a time where all countries are looking for solidarity, China has been in the spotlight for the probable origin of the spread of the virus as well as a spree of strategic financial takeovers, mostly with aspirations of emerging as an influential post-covid power. The Chinese authorities have been on the advent to make calculated acquisitions across various countries, these steps may be considered to be a part of a larger stratagem. With the negative consequences on the economic structure, many corporate entities have faced severe disruptions which would make recovery a strenuous task. This has given China the probable opportunities to invest in many entities for the purpose of acquiring a stake in these different corporate entities. From observing the course of action of China, this has been interpreted by the other countries as a concern which may grow to be a possible threat especially alarming the Western countries. With this article, the authors aim to analyse the probable consequences and the course of the action taken by the country of China, postulating there exists a favourable chance of the nation’s success. This article would give a succinct exposition of the future of globalization, foreign relations with an emphasis on the role of China with respect to the same

In 2019, nearly 30 state legislatures of the United States of America passed anti-abortion bills which seek to either ban abortion outrightly like in Alabama or allow abortion only up till 6 weeks into the pregnancy- like in Louisiana- which is too soon as many women even don’t even know that they are pregnant within 6 weeks’ time. This has given considerable momentum to the century old debate of pro-life v. pro-choice, not just in America, but worldwide. In light of the above scenario, this paper aims to critically analyse the Anti- Abortion Regime in the USA, the chain of events that has led to this rather controversial state of affairs, and draw comparisons with international jurisdictions of India and Uruguay.

Mediation is a tool to secure the justice through mutually agreement between the parties. It was supposed to be an instrument of tool to secure the ends of justice through the involvement of third party. But, instead of securing the justice it has rather resulted more into dilution of justice in India. This was also supposed to be a help for the Indian Judiciary to overcome the burden of matters on it but in this case also it has rather enhanced the burden on Judiciary as the parties were dissatisfied by the mechanism of Mediation or I would say an Alternate Dispute Resolution. The basis on which Alternate Dispute Resolution works in India is simply that it protects the privacy of the family matters. Due to Alternate Dispute Resolutions like, Arbitration or Mediation the family matters, or the Company’s reputation matters are dealt privately without any interference of people other than known to the parties and given a majorly the Company an opportunity to opt for it as it protects their Company’s name and fame. But, the question is do the Alternate Dispute Resolutions have in reality resulted in achieving the aim they were established for?

Narendranath Bhattacharjee, better known as M.N. Roy has been a name who has confounded Communists and Socialists alike all over the world. While many consider him to be the father of the Mexican and the Indian Communist movements and a man deeply devoted to public service and the welfare of the proletariat, others saw in him a school-boy communist turned Right-Wing renegade who embezzled money via opportunism and his rosy image of his efforts towards a Communist revolution, and was eventually chucked out of the Comintern in 1928. This project aims to delve into a very important chapter in the mysterious life of MN Roy, specifically on his meteoric rise to the pinnacle of Mexican politics and how his views on Marxist Theory changed during the process. It also seeks to provide background information about the Socialist scenario in India and for Indian Revolutionaries abroad in order to set the narrative tone of the Article. It is careful in not to give any of the two aforementioned narratives on Roy’s life any advantage on the outset, but seeks to collect and analyse various sources and accounts on the life of a man who has constantly split public opinion. The Article is divided into two concise segments- Indian Revolutionaries prior to the emergence of MN Roy and The Rise of MN Roy in Mexico.

On 17th March, 2020 a Mumbai High Court bench consisting of RI Chagla, J. and S.J. Kathawalla, JJ disposed off an extraordinary and unusual Writ Petition [Sabah Manal Colabawalla v. Union of India, WP (L) No. 871 of 2020 – Mumbai High Court] under Article 226 of the Constitution of India . The Writ Petition was filed by (Ms. Sabah Manal Collabawalla) the mother of a 19 Year girl (Ms. Nyla Imaan Samee) who had been stranded at the Dubai International Airport since the past 6 days- without any help whatsoever. The same was alleged to be due to a gross misinterpretation of the Circular regulated by the Ministry of Health and Family Welfare dated 11 th of March with the title “Consolidated Travel Advisory for Novel Coronavirus Disease (COVID-19)” read in consonance with the Bureau of Immigration’s Travel Advisory for travellers arriving to India from COVID-19 affected nations.

This paper tries to analyze the pertaining situation existing between the Supreme Court and Parliament of Indian from 1950s to 1990s with the help of various case laws. Parliament, Executive and Judiciary are the three major indispensable branches of the state, with their own well-defined authority and spheres. Parliament of nation represents the branch of law formulation, the Executive is answerable for imposition of laws, and the Judiciary is decisive for the interpretation of the laws and statues as well as working as a mechanism for dispute resolution. Each of these branches acts as a check and balances over the powers of others. The drafted words of the Constitution is a valuable printed document for the whole nation, no doubt there may be some diverse in opinion which can also be regarded. For example, many human may consider Quran, Geeta, Bible as a valuable script, but while looking over the entirety of the nation in which we live that assures Rule of Law, moreover which is the regarded as the source of every citizens basic rights and if any human who believes in Rule of Law has to believe that the most important printed document for any nation is the Constitution. In this paper we will we examine about, how the relationship between Parliament and Judiciary have evolved from beginning in relation to Constitutional enactment and its interpretation by the Courts with relation to such written words along with we will also look upon the judgment of Keshvananda Bharati’s Case and will discuss about it’s future influence abovethe Constitution of India

In 2018, the Supreme Court of India unanimously held section 377 of the Indian Penal Code, 1860,that criminalized consensual homosexual sex as unconstitutional. Inspired by this view, petitions were filed before the Singapore Court to decriminalize section 377A. But on 30th March 2020, the Singapore Court upheld the colonial-era law that criminalized homosexuality between two consenting adults and held that S.377A of the Singaporean Penal Code does not violate Articles 9(1), 12(1) and 14 of the Constitution and hence held the section constitutional and disagreed with the interpretation of the Indian Supreme Court in decriminalizing the section that violated one’s basic rights provided by the Constitution. This paper critically analyzes the judgment delivered by the Singapore Court on criminalizing consensual homosexual sex, wherein a special mention of the recent judgment given by the Indian court decriminalizing the same had been highlighted. The paper takes into account historical differences between the two countries on the concept of homosexuality and provides a comparative analysis of the interpretation of Article 12 and 14 of the Constitution by the respective courts. Finally, this paper focuses on the need for the Singapore courts to divert their primary focus on traditional principles to govern the judiciary and shift to basing judgments on the spirit of the Constitution and human rights.

“Our Constitution is a tryst with destiny, preamble with lucent solemnity in the words 'Justice – social, economic and political’.Our Constitution is a tryst with destiny, preamble with lucent solemnity in the words 'Justice – social, economic and political’. [1] " When our country got independence we decided to promise every Indian a life which was filled with dignity, offered equality to all, and promised development in all aspects of life. A happy family is a part of what one can call living life with dignity. It was through a dream for a lot of people. These were the people belonging to the LGBTQ. Especially people belonging to the transgender family. One of the most distinctive features of our constitution is that it says no to any form of discrimination. This helps in establishing a system which gives an equal opportunity to every citizen to grow, to reach the highest point of their potential. Our constitution in its article says that " The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India [2] . ” Justice KS Radhakrishnan while giving judgment in the historic case of NALSA vs Union of India case said that "Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue [3] ." Our Supreme Court has continuously tried to bring changes in society. Few of these historic changes were made in two very important cases. The first one was the NALSA vs Union of India and the other one was Navtej Singh Johar. These were just starting steps for a big and necessary change. There are still many new changes that our society needs to adapt to. One such change is the adoption rights of transgenders.

This paper highlights the concept of asylum under International Law,types of asylum and the rights provided under various Declaration ,protecting and promoting human rights of the refugees as well the situation of the asylum seekers and refugees .Moreover the paper shows the policy of Asylum in India ,along with analysis of the recent controversial Act that is Citizenship (Amendment )Act 2019 and the impact of the enactment of the Act in Assam.

Intellectual property falls under intangible form of property while a 'Patent' is a part of intellectual property. When a patent is granted it provides a statutory right given by the state to the inventor of the invention and to exclude others from using, making, or selling their invention for the duration which is limited by 20 years. The judgment given by the two-judge bench of the Hon'ble Supreme Court of India in the case of Novartis AG V. Union of India is one of the landmark judgments by the Supreme Court of India. Novartis made a patent application which was rejected by IPAB for Beta crystalline form of "Imatinib mesylate" later such challenge was rejected by the Supreme Court on the ground that the said drug did not produce an enhanced or superior therapeutic efficacy as compared to the known substance i.e., "Imatinib mesylate" which meant that the drug here did not involve an inventive step. In this case one of the major reasons for the rejection of the patent application of Novartis was to avoid ever-greening of already patented products by introducing minor changes.

This research paper deals with the circumscribing the competency of the legislature in the law-making process in the United States of America and in Germany and a comparative analysis is drawn in the amendment procedure of the constitution of both the countries. It also states what kind of amendment procedure is involved in these countries and how both the countries based on the same principles of democracy, federalism and the separation of power and yet these countries work differently in the procedure of the amendment of the Constitution. It also deals with the role of the judiciary in the interpretation of the power of the legislature.

India, Bharat or Hindustan, a land of diversified culture, languages, religions, & geography, has survived as a democratic and sovereign nation for more than 7 decades with prosperity & unity. Our guiding force, Constitution of India, provide us the philosophy of Unity in Diversity. No other nation in this world has such a great diversity and living with unity. Constitution has played a vital role in successful governance of its own source of power, people of the land, & state. One of the most important pillar on which our governance system depends, stood as the basic structure of the constitution of India, is ‘Federalism’ . In this article we will analyses ‘whether our constitution is truly federal or it is quasi-federal or it is unitary in nature’ or ‘do we follow Federalism in India or not’. We will also look into, what federalism is? Why it is evolved as the effective form of governance? From where it got evolved, its theories? Does our constitution have any federal features? Then we will see which countries follows federalism and their comparison with India.

This paper compiles data of the past changes in the law for security of women in India through constitution, acts, and organizations. The paper provides the provisions formed to ensure that there is equal employment opportunities provided to women in work space and they are not being discriminated on the basis of their gender and the landmark cases that guide us through the impact the laws have made. Though we see that women have been provided with legislative measures which should be sufficient for protection of women we can spot lack of benefits of laying down such laws. This because just as various factors affect the functioning of a society there are various factors that affect implementation of these provisions such as corruption, poverty, lack of knowledge etc.

“The quest for justice for yesterday’s victims of atrocities should not be pursued in such a manner that it makes today’s living the dead of tomorrow” The international community has long since debated over the peace versus justice conundrum without coming to any definitive conclusion. It has turned the war between the oppressors and the oppressed into a never-ending cycle of victims turning into perpetrators and giving rise to yet more classes of victims. The pursuit of countries to resolve this conflict has also been an incessant chain of either sacrificing peace to deliver justice to the victims or paying the price of justice in order to obtain peace. This multifaceted puzzle between the peace first or justice first approach adopted by peace negotiators has largely ignored the grim realities of the victims living and surviving through the perpetrator’s atrocities. Although this paper does not intend to provide a concrete solution for this debate that has been unsettled amongst the scholars for decades; it attempts to throw light on a nuanced approach for satisfactorily gauging the actual impact of this from the victim’s perspective. It endeavours to highlight the harsh reality of the dichotomy that exists between the meaning of peace and justice for a country against the actual needs of its people. And finally, it explores the Columbian model of ‘pardon for peace’ that emphasizes holding violators accountable through a justice mechanism in order to facilitate victim catharsis and obtain a balance between justice for the victims and peace for the nation