Volume III - Issue IV / 2020

Artificial Intelligence (AI) is a concept that the intelligence should be artificially exhibited by computer systems which were previously unique to mankind. These AI algorithms can analyze and solve different complex problems without human assistance. Thus, analysis of data including personal data by AI and to reach an intelligent decision has provoked various sectors to use these AI algorithms. Thus, use of AI has benefited considerably different sectors. However, such easy access to the personal data by AI has brought in ethical and legal dilemmas for ensuring logical balance between use of personal data by AI and fundamental privacy protection rights of personal data. These dilemmas have become instrumental for rapid advancement of technology and its ever-increasing use in the society through AI algorithms. This modern technology has become able to easily access and analyze Personally Identifiable Information (PII) which has made different organizations updated to achieve success. This has also lead to question if the privacy of personal data is at stake, especially when Supreme Court of India in a recent judgement (Puttaswamy and Anr v Union of India & Ors) has held that right to privacy is a fundamental right under the constitution. The apex court further observed inter alia that there is a need of technology-neutral data protection law to control the growing use of AI in India under the legal discipline. In this background, this paper has tried to analyze as to how applications of AI can be guarded not to endanger data privacy from legal perspective under different platforms, whether the personal data protection bill is adequate to combat the misuse of AI in India, what are the legal issues to put a balance between use of AI and data privacy protection

Lockdown and quarantine became the most used words in the first half of 2020. The deadly virus from the virus called as coronavirus brought the entire world to surrender. The outbreak started in China and spread like wildfire across the world. The international community and several state governments declared lockdown as the only measure to tackle coronavirus during the initial days of its mass outbreak. As a result of which, various international and all national means of transport were banned and countries went into strict lockdown. While, one might wonder that economic loss and breakdown of the world’s financial stability would be the only the major problems arising due to lockdown, it wasn’t the case. It is true that coronavirus has pushed the world into almost a recession like period but the worst consequence of the lockdown emerged in the face of increased violence towards women. Safety of women forms the most basic tenant of human rights principles and one can only think about economics and developments when the basic foundations of our society is well rooted in gender sensitive values. However, the microorganism in the form of Coronavirus has showed us the ugly truth of the 20th century where women are the unsafe inside their own home. It is so ironical to breathe in a society where in one part of the world, a woman is leading her nation, and in another part of the world, an another women is facing the wrath of toxic masculinity and oppression. Women are locked inside their home with their abusers and they were left without an escape during the lockdown period. This article attempts to analyse the relationship between coronavirus and the increased cases of domestic violence against women. The article highlights how several countries and Indian States are tackling this issue of domestic violence during lockdown. Finally, the article provides a gist of laws available in India for the protection of women against domestic violence and recommends changes in the realm of criminal law to make the laws more effective.

The concept and ambit of Corporate Social Responsibility (CSR) has exponentially increased in the recent past particularly during the outbreak of the novel coronavirus disease (COVID-19) which was declared as a pandemic by the World Health Organization (WHO) on 11.03.2020. The number of people affected due to the virus and its resulting impact on CSR has transformed the outlook of businesses towards the society all over the world. Enterprises in India have recognized their responsibility and have proactively acted towards the society beyond the basic responsibility mandated upon them by way of the Companies Act, 2013, in such unprecedented times. Companies in India have made consented efforts through a number of initiatives carried by them or by their CSR Arms or by collaborating with NGOs, governmental authorities or along with other companies. The paper consolidates the provisions associated with CSR in India and the activities which have been extensively performed by various companies in India to fulfill their responsibility towards the society in recent times of COVID-19. Furthermore, the paper also throws light on the lacunas that have come in the way of companies while fulfilling their social responsibility. At last, the paper attempts to show how the Corporate Social Responsibility has acted as a helper for the society in such an un-anticipated time of the coronavirus outbreak

To mark 4/20 (April 20) a day dedicated to smoking marijuana. There are numerous theories for the same so the main or at least one of it is. In the seventies, a group of high school students in San Rafael, California would routinely meet up for a sneaky joint by the statue of Louis Pasteur on the campus at exactly 4:20 pm. They use to whisper “Louis420” and then it became a code word later it was adopted as a day for smoking weed. Marijuana has been used since the prehistoric period of Man’s existence. And it's one of the most consumed illegal drugs in the world. The global story of cannabis is that it is the most recreational and it’s all about the fizz produced in the body after taking the hit. drug According to the world drug report 2019 from the United Nations Office on Drug and Crime (UNODC) the global number of users of marijuana is was 219.02 million approx. Global weed use has grown by 60 percent over the past decade, with people smoking around 130 percent more than before. The biggest issue sees in youth smoking, which can harm the brain. So by legalizing it there can be proper checks and balances or on the other side, there will be a growth in the consumption. In the wake of the past events in which two US states have demanded the legalization of Marijuana other than medical purposes. This paper aims at pointing out all the possible aspects related to marijuana followed by a comparative analysis between India and the rest of the world and whether India should legalize or not. Keyword – Pot, Marijuana, Recreational drug, Joint.

Institution of marriage gives permission to a male and a female to live together. customary and statutory law. It is a special bond shared between two souls, who wedding knot after promising to be companions for a lifetime. It is the physical, mental spiritual unison of two souls. Marriage provides confidence in wife that husband will not safety and respect her dignity and when he commits unwanted/forcefully intercourse with wife, it breaks this confidence and breaches the trust of the wife. Marital rape refers unwanted intercourse by a man with his wife obtained by force, threat of force or physics violence, when she is unable to give consent. Marital rape could be by the use of force only, a battering rape or sadistic rape. It is a non-consensual act of violent perversion by a husband against the wife where she is physically and sexually abused According to Hindu law, certain religion rites have to be performed. Invoking the fire and performing saptapadi around the sacred fire have been considered to be two of the basic requirements for a traditional marriage. There can be a marriage acceptance in law according to customs which do not insist on performance of such rites, i.e. invoking the fire and performing saptapadi and marriages of this type give rise to legal relationship which the law accepts The Constitution of India has granted the right to equality, liberty and dignity to all of its citizens, however, when it comes to actual implementation of law, this paradigm is hardly revoked. The legal vocabulary is a full of archaic and draconian concepts like 'restitution of conjugal rights a concept that legally sanctions rape within marriage. The court, according to this concept is empowered to order a spouse to submit to the conjugal act. This provision is read as consent of the partners within marriage. Its language has been used to humiliate and torture women within the domestic arena. Further when it comes to implementation of this clause, the courts in India maintain a conflicting stance whenever the rights of wives are being invoked and often end up giving confusing decisions about rights of spouses within marriage. There are many cause of marital rape in India Amongst them the principal causes of marital rape like poverty, lack of women empowerment This paper talks about the challenges in the implication of women right and its implication the divorce and domestic violence clause.

The purpose of this study is to understand how the recent developments under Insolvency and Bankruptcy Code, 2016 have become a reason of worry for micro, small and medium scale operational creditors. The code was introduced with a primary objective of providing a quick and timely resolution to insolvency crisis. This was meant to ensure the continuous availability of credit in the market. However, the code is slowly shaping up to be an oppressive legislation, discriminating against a vulnerable section of the economy, i.e., Operational Creditors. This paper will critically analyse the legislator’s objectives in introducing this legislation, their thought behind creating a separate class of operational creditors, and the need which has arisen to protect the operational creditors. This paper will also analyse the hon’ble Supreme Court judgements which have upheld the higher pedestal that has been awarded to the financial creditors. The legislators have recognised the need to protect the operational creditors and have taken certain steps to protect them as well. However, the adequacy of protection awarded by these steps is questionable. This paper will also critically analyse how these steps may prove to be fruitless in protecting the operational creditors

The research paper titled “Medical Negligence: Whose Law is it Anyway?” is an in depth analysis of the medical negligence laws in India. It begins with an introduction to the concept of medical negligence, followed by an explanation of the types of medical negligence. It further address the relevance of consent under the current laws. The paper also introduces the reader to the tests applied in India and Internationally to determine liability in the cases of medical negligence, categorized broadly as civil and criminal liability. It also delves into the liability under the Consumer Protection Act, Tort Law, Indian Evidence Act and the compliance with the guidelines established by the medical council of India. It concludes with establishing a conclusion as to the nature of medical negligence laws in India and their tendency to be ‘doctor centric.’

“Technology is a gift of God. After the gift of life it’s perhaps the greatest of God’s gifts. It is the mother of Civilization, of art, of sciences” Therefore this is an era of technology and advancement many things are evolved and are still evolving by many people with their intellect, talent and originality in them. So before telling about the IPR and its relationship with IT sector and other provision related to law we need to first understand each word of IPR before we will be explaining it in core. So therefore, we have tried to define IPR differently. “First, we will explain Intellectual meaning, then we will be moving on to property meaning and in the last one the meaning of the term rights. Also in the final, we will explain the relation between these three words and how they combine and become IPR”.

“The internet has been the revolutionary technology of the new millennium, empowering consumers and businesses alike with blessings of connectivity” (Kotler & Armstrong 2004:72). The World economy gives today capital importance to e-commerce. In fact, most of the countries on this planet, have an internet platform to conduct electronic transactions, whether it is a developing or developed countries. The World Trade Organization characterizes e-commerce as, "e-commerce is the production, distribution, marketing, sales or delivery of goods and services by electronic means." There are numerous issues beyond the rise of e-commerce, but one of them is, the issue related to the enforcement of the intellectual property rights (IPR). The IPR and e-commerce are related and complementary. The product or the services offered, in electronic commerce platform, involves IPR and its licensing. More than that, the IPR makes e-commerce working. This paper aims to provide some highlights about the protection of IPR in electronic commerce. The intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. In this digital era, the accesses to copyrighted works become easier: music, videos, and books are available, just by clicking. This fact increases the chance of infringement. Indeed, the selling of counterfeits product, through an e-commerce platform, constitutes a challenge for IP enforcement. Trademarks infringement causes considerable losses to the IP owner. The IP assets are mostly the substantial parts of the enterprise resources. Therefore, the entrepreneurs should invest in the protection of their property. Nevertheless, the protection of IPR is not only the duty of company. The government and the citizens should play a significant role”

India has been the cluster of both creativity and innovation since eons and it has never declined as to how creativity and innovation are the constant tool for economic growth in the any nation. India has a TRIPS compliant, robust, equitable and dynamic IPR regime. A sweeping IPR Policy will advance a comprehensive and helpful environment to catalyze the maximum capacity of licensed innovation for India's monetary development and socio-cultural turn of events, while securing open intrigue. The reason for the National IPR Policy lies in the need to make mindfulness about the significance of IPRs as attractive money related resource and financial apparatus. An India where inventiveness and development are invigorated by Intellectual Property to assist several aspects which includes, an India where protected innovation advances progression in science and innovation, expressions and culture, conventional information and biodiversity assets also where information is the fundamental driver of improvement, and information possessed is changed into information shared. The reframed IPR policy focused on stimulating a dynamic, vibrant and balanced intellectual property rights system in India to foster creativity and innovation and thereby, promote entrepreneurship and enhance socio-economic and cultural development, and focus on enhancing access to healthcare, food security and environmental protection, among other sectors of vital social, economic and technological importance. The researcher endeavors to reflect the ideology and objective behind resurrecting the former intellectual property rights policy of India which promulgated in the year 2016 and how the policy shall weave in the strengths of the Government, research and development organizations, educational institution, corporate entities including MSMEs, start-ups and other stakeholders in an creation of an innovation- conducive environment

Indian parliament and parliaments of different countries have passed a variety of a typical measures intended at countering terrorism. In this article, I would analyse these major security legislations commonly known as preventive detention laws of India and few other countries and what has ensued from it, i.e. the departure of this action to new contexts in the states and territories. This has occurred to the point that this course, once considered extreme, has now become a conventional feature of the constitutional and criminal justice system, and has in turn given rise to even more stringent legal measures. This article explores the dynamic by which once exceptional measures has now become normalised in many legal systems of the world and then extended to new extremes and the ramifications that come with it. I attempt to examine the ways in which these security laws depart from the general constitutional and criminal law standards including procedures and contend that the usual constitutional limits on the governments have failed to bridle the executive’s power and actions.

The focus of this paper is to unravel the concept of scientific evidence during criminal case investigation. The initial chapters of the paper shall introduce the concept of scientific evidence and the various techniques of it. The importance of scientific evidence during criminal case investigation is explored in the forthcoming parts. International tests which have been implemented and the analysis of a few cases across the globe occupies the next segment. The legal provisions under the Indian law related to scientific evidence has been explained followed by the turning point of use of scientific evidence in the Indian judicial system. Finally, the authors view on the topic gives the concluding remarks

This research paper is an attempt at giving an insight of how the pandemic has affected the medical practitioners on an individual basis and has introduced dilemma of serving the sick while putting their lives on the line. Some volunteer by the virtue of inherent morally strong character, while some root for individual choices. Taking the government’s perspective into count and the opinions around the issues of violence and legal obligations to render services, it turns out that if the pandemic affects everybody the same, then the cake of responsibilities should be cut into equal halves. This would possibly ensure the doctors do not feel like this is not the occupational hazard they signed up for. The strength of every institution lies in the individual effort put by everybody who is a part of it

The article focuses on encapsulating a century old act widely known as THE EPIDEMIC DISEASES ACT, 1897. Each year hundreds of outbreaks occurs but sadly we fail to answer them. Apart from various biological and public health intercessions, there is a strong need to look at the legal framework to review the prevailing health systems in a country. Although we have number of legal apparatus to brace public health measures in a situation of such outbreak, they are not being addressed under a single legislation. The Act of 1897, is a 123-year-old blunt act which needs a substantial amendment to strike out the rising burden of infectious diseases as India is facing dual burden of contagious diseases even in 21st century. The substance of the article is divided into various heads for the simpliciter understanding such as origin of the act, its brief overview, limitations and substantial amendments made by the government. Finally, the article ends with the suggestions and conclusion made by the author(s)

This article deals with the position of India with regards to Renewable sources of energy. India has been taking various steps in order to increase and boost the usage of renewable or non conventional resources of energy mainly for electricity’s production among many uses. This article also deals with the legislation in India which deal with various sources of energy be it renewable or non renewable. Solar Energy is the most widely available non conventional resource of energy in India given the position of geographical position of India. The government and authorities hereby are aware of this fact and this is the reason why it promotes solar energy’s usage not only in the country but also in the international community so as to combat climate change. Indian Judiciary’s stance on energy laws has also been taken up in the article. The article touches upon these subjects in detail

Air pollution in urban cities is always a problem in India, considering both the consequence of polluting industries for economy of the nation as well as political elements, for example, not prioritizing the very basic requirement of better environmental policies and non-existence of active participation from the public. Moreover, it influences the general wellbeing in India and has an ecological outcome on the aerosphere which is a important component for farming on which most of Indians depends. In any case, the Indian government has made a few implementations to control the same, as in case of resorting to a cleaner fuel, forming proper laws for decreasing the emissions, and taking all proper measures in providing information to the general public regarding the pollution and its consequences and regarding the restrictions which may help to provide a better standard of living to the people. The author has tried to highlight some of the recent instances in India related to air pollution and how the government has taken measures to resolve them.

Domestic violence is a very common practice which is prevalent in India and the most common victims of domestic violence are the women and the children in the country. Domestic violence against women is considered normal by the society due to the gender norms and values the society which place women in a subordinate position to men. How many of the people like us can imagine living 24×7 in the same house as one’s abuser, tat too with the constant fear of what the abuser might next do to hurt us and in what way and with what intensity. We can never have the clue of what mind be going in the mind of the abuser and what the victim must be going through all the time. The pain, the fear, the agony of the victim is beyond ones understanding. Domestic violence is a pat-tern of a specific behaviour in a relationship which is used to gain or even maintain and control in a relationship. An interview was prepared to assess the prevalence and prac-tice of domestic violence and 50 women of Lucknow were interviewed to get an ade-quate result. The study showed that alcoholism of husbands is one of the major reasons behind domestic violence against women the result also made it clear that Domestic vio-lence is very much present in the Indian society and children and women who are the victims are not aware of the laws regarding domestic violence and about the various in-stitutions that might be able to provide them help. How would it feel if even just cough-ing resulted in beatings, or even being kicked out of the house on suspicion of having COVID-19 symptoms rather than paying attention to the problem beating the victim mercilessly, or one subjected their partner to constant verbal abuse or mental torture, or starved one to death, or did not let one even use the toilet at all? In order to slow down the spread of the novel Coronavirus (Covid-19), actions such as social-distancing, re-stricted travel, sheltering in-place and closure of public places and transport are suggest-ed by the government guidelines and these have led to a drastic increase in family vio-lence around the globe. In fact many of the affected countries have indicated a dramatic increase in reported cases of domestic violence hence improving the cooperation be-tween human welfare and animal welfare agencies also increasing community partner-ships and informing the public to report any concerns and problems of abuse are all vi-tal and critical at this moment. Although female public participation is increasing and many laws have been amended accordingly, India still hasn’t succeeded in making Indi-an women equal citizens of their own country. In the Indian society a huge number of women are treated violently by their intimate partners and the continue to suffer in si-lence. In some extreme cases, domestic violence even leads to the death of the victims. It is on this premise that this paper deliberates the meaning, types of domestic violence, their causes and also the after-effects of domestic violence on women and children. In addition, this paper also discusses the management of this crime against women and also examines the role of the social workers, professionals and other organisations in provid-ing support and help to the affected individuals.

Slavery, Prostitution and Human trafficking are the most heinous crimes of our time. In today’s modern era there are many people who are stuck as slaves and are generating huge amount of money for their traffickers. Human trafficking undermines the security of every person in a state because it is an organised crime and corrupted. Human rights of trafficked person is violated as they are not given the dignity which our Indian constitution guarantees. They are exploited, raped or often killed. This has been the topic of international security since the late 90s. Trafficking for sexual purpose is more widespread than forced labour.In the earlier stages countries recognised sexual exploitation but never considered forced labour as exploitation. Criminal law focuses on these three aspects i.e. slavery, prostitution and human trafficking. Prostitution and slavery are a kind of modern slavery covered under trafficking of human being for commercial purpose. These three are the crimes which are required to be curbed or otherwise will affect the human life. People are degrading themselves for money. The main reason behind voluntary prostitution and slavery is the shortage of money. Most of the time they are not economically stable for which they sell their bodies to others. For such increasing rate everybody shall be educated and well recruited so that financial problems can be reduced.

Sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. Any conduct of a sexual nature that makes an employee uncomfortable has the potential to be sexual harassment. The harasser can be the victim's supervisor, manager, or co-worker. An employer may even be liable for harassment by a nonemployee (such as a vendor or customer), depending on the circumstances. The current study will investigate men’s experiences of sexual harassment in the workplace, including sexually advancing harassment (e.g., unwanted touching) and gender harassment (e.g., derogatory comments). It will examine the associations among engaging in feminist activism, being a sexual minority (e.g., gay, bisexual), and working in an organizational context that tolerates sexual harassment in predicting men’s experiences of harassment. Moreover, it will also examine whether activism was protective against negative personal and professional harassment-related outcomes. The research work discusses about need for gender neutral laws for sexual harassment in India. The work of doctrinal nature tries to focus on theoretical conceptualizations of sexual harassment as a form of punishment for men who deviate from the prescriptions of traditional masculinity & how organizations would benefit from comprehensive and gender-fair policies and trainings related to workplace sexual harassment

In order to carry out the proper functioning of the government, Constitution of India provides its 3 distinct machinery and Judiciary is one of them. The ultimate goal of judiciary is to interpret the Constitution and to resolve disputes between parties. But it’s a well- known fact that despite setting up more than a thousand fast-track courts Indian judiciary is becoming inefficient to deal with pending cases. Since, there was an urgent need of such mechanism which could be generally faster and less expensive than going to the Court, the method of Alternate Dispute Resolution was introduced. Great leaders like Mahatma Gandhi and Abraham Lincoln also advocated and supported the culture of settlement. The paper has been written with the mixture of Analytical, Expository and Argumentative approach of research. The paper analyses the evolution of the concept of ADR in different span of time. The paper further discusses the approach of judiciary in ADR giving special reference to the present condition of ADR in India (issues after the inclusion of Section 87 in The Arbitration and Conciliation (Amendment) Act, 2019, Babri Masjid Mediation, etc.) This paper argues that such certainty components can be projected by altering the current problematic provisions of the Arbitration Act, 1940.

A Constructive Notice is a tool which is employed by various bodies in order to reach out to various sections of the people by officially notifying them of a particular action. There are sections in the newspaper which may read ‘notification’ or ‘legal notice’ or terminologies of the similar sort put out by the Legislative, Executive or the Judicial Bodies. Such notifications are said to be constructive notices and it is deemed that the person concerned is notified although it may not actually come to the knowledge of such person. This Essay deals with the Criticisms of such notices put forth by different bodies and also gives certain suggestions which the Supreme Court can manoeuvre. Keyword – Constructive Notice, Actual Notice

India is the second most populous country in the world and with increase in population, the crime rate also shoots up. Sensational crimes are those heinous crimes which leaves a nation shell-shocked and deeply affects the standard of living for law abiding citizens who wish to live peacefully in their social environment. Some of the popular sensational cases are the Parliament attack case, Mumbai terror attack case, Nirbhaya rape case, Unnao rape case, Kathua rape case and the recent Hyderabad rape case. The nation at large is affected by such sensational crimes causing a sense of insecurity among all. Huge controversies are created in the news and social media platforms like Twitter and Instagram about these crimes. Some Human Rights activists and advocates opine that the death sentence awarded to the convict is definitely not a solution, while some members of the Parliament demand stringent punishments for the convicts. This research paper highlights the present stance of the Supreme Court in the sensational criminal cases of the past. The research paper is divided into two sections. One section deals with those sensational cases that involve actions committed against the state like terrorist activities. The other section deals with sensational rape cases which has brought out a huge wry among the women of the country. In the light of the recent guidelines put forth by the Apex Court in the appeal filed by the Nirbhaya rape case convicts, the research paper discusses the sensational criminal cases where the Supreme Court is going beyond its normal way of interpretation and enunciates new principles in order to act as precedents for upcoming cases. This research paper seeks to provide relevant solutions on how the Supreme Court can deal with such sensational cases and provide speedy justice keeping in mind the concept of public consciousness. Secondary sources of information like acts, journals, newspapers, reports, etc. were used to carry out this research.

Failure and redundancy of public policy, its processes and impact has been spoken of since the inception of modern democracies. While the reasons of failure remain distinct; from a structured nexus of corruption to operational human errors, the resolutions are standard, incompetent and inefficient. Thus, the problem persists. However, this paper contemplates that an incremental model based blend of technology, digitalization and Artificial Intelligence (AI) if structured and incorporated within the policy processes and systems can be revolutionary in bringing forth the necessary adjustments and improvements. The paper introduces AI, its incorporation in the systems of governance and goes ahead to examine its relationship with Data Driven Policy (DDP) processes. It further emphasizes the importance AI and DDP will have in the upcoming decade and looks at AI as a linkage and apparatus to introducing multiple sets of opportunities and advantages within the policy framework. On an operational vertical the paper looks at how AI can be structurally embedded in policy processes right from agenda setting till monitoring and evaluation. The paper delves deeper into the domain of leveraging AI by recommending to follow best practices from previously implemented models of AI in governance. Holistically the paper aims at being a standpoint to enable further research in a discourse that looks at amalgamation of technology and governance as a resolution of frequent public policy failures.

The outbreak of this pandemic disease i.e. Covid-19 is influencing litigation in numerous manners and has additionally injured the courts the nation over as judges, lawyers and litigants are attempting to accomplish justice under the law while adjusting open security. The quick spread of this infection has prompted the shutting down of Courts and Tribunals in the nation to maintain a strategic distance i.e social distancing from human affiliation and to check the spread of novel coronavirus in the nation. In any case, the Central Government and Judiciary has found a way to give alleviation to the individuals who are confronting this uncommon test. Despite the fact that the courts have been closed down, the Hon'ble Supreme Court of India has chosen to take up urgent issues by means of virtual procedures with the goal that the adv. and litigants don't need to show up genuinely in the court in this current circumstance. The Hon'ble Supreme Court of India has additionally guided the separate Bars to advance virtual procedures and e-filing. Indeed, even the Courts suo-moto, taking cognizance of the difficulties being looked by the lawyers to introduce under the steady gaze of the Court truly for documenting of separate Appeals, Petitions, and so forth and has expanded the time of constraint until its further order, with this, would like to battle against coronavirus.

Banking activities put forth a convoluted web, requiring careful control and supervision for the economy’s health. Basel Accords I and II are endeavors at the global level so as to rejuvenate commercial banks and to overcome the shocks presumably to emanate owing to diversions in international markets. Furthermore, Basel III is conjointly in the offing momentarily and its application has commenced. Also, the propositions promulgated lately, called as ‘Basel IV’, comprehend updates in the manner banks forecast and work out their capital needs. As there exists no particular method to efficient corporate governance, the updated foundations of Basel Committee procure a scheme within which banks as well as supervisors should function. Between the years 1986 and 1995, approximately a third of the 3,234 savings as well as loan organizations in the US disrupted. This destructing chain of phenomenon made it expandingly evident that off- site surveillance was not at all enough to appropriately ascertain bank failure and therefore should not act as a backup for intermittent, periodic and timely on-site examinations. Therefore, this article portrays the exertion of Basel norms and Surveillance methods along with effective principles of good corporate governance and the ongoing situation of COVID-19.

With the advantage of technology, internet has become an integral part of life; as it serves variety of purposes like education, business, and a platform of freedom of speech and expression etc. Apart from that it also helps in realisation of certain rights of the citizens but at the same time it also has negative impact on those rights. But in spite of all necessities there is no strong provision which directly regulates the access of internet to people as basic rights and also marginalised people of rural areas so far are not given equipped technologies and opportunities to enjoy the said rights where their rights are only confined to shelter, food and cloth. So, The General Assembly of United Nation after several resolutions adopted a resolution for “the promotion, protection and enjoyment of human rights on the internet” and declares a charter where it urges that internet is no more luxury but a basic right for people to be able to lead minimally decent lives. Therefore, this paper aims to identify the international standard and constitutional perspectives of access to internet as a human right, and how the internet is so cardinal and boom in this pandemic for the people

It has been over 160 years since the inception of the Indian Penal Code in the legal substructure of India but astoundingly, a few persistent lacunae still haunt the efficacy of the archaic punitive legislation. Over the past few decades, India has witnessed a sweeping upsurge in demands for amending our longstanding laws and regulations to comply with the present-day perspective of the citizens as well as to cope up with the contemporary needs of the society. Resultantly, the government took due cognizance of the voice of the citizenry and implemented some remarkable changes in our socio-legal administration viz. decriminalization of adultery, validating live-in relationships, recognizing homosexuality, incorporating the Right to Privacy as a fundamental right, and so forth. However, the canons of ‘Equality’ treasured in the Basic Structure of the Constitution of India are not stringently adhered to if we were to ascertain the pragmatic realities of identifying the concept of ‘Gender Neutrality’ in India’s rape laws, as laid down under sections 375-376 of the Indian Penal Code, 1860. Although the notion of incorporating Gender Neutrality in rape law has been discussed in various suggestive reports and judicial precedents, no significant developments concerning the same have been practically instigated. Identifying the dreadful crime of ‘Rape’ as a gender-neutral crime is of paramount importance since India is devoid of any comprehensive legislation to tackle male on male, female on male, or transgender rapes. This is vital for the nation to truly progress as an established democracy with legal standards of equity, uprightness, and impartiality

The purpose of this article is to make people aware of the term 'mediation'. Mediation is a process or mechanism that is used to settle disputes or conflicts among disputants without moving to court. It is a speedy and cost-effective mechanism. This journal has been divided into various segments. At first, it has been talked about the mediator, who is the most important person here, playing a vital role. It is with his help that disputes among disputants are resolved. The history of mediation takes us back to 530 CE in ancient Greece, where the village elders practiced mediation to resolve disputes among villagers. And today, the success rate of mediation is about 74%. India has also adopted mediation as a method of dispute resolution. The courts here recommend mediation to resolve the case. Mediation has several benefits like it is very economical, less time consuming, it is convenient for the parties, and many more. But as we all know, everything has its pros and cons. Mediation cannot be applied to every case. Only a certain category of cases can be resolved with this process. The process of mediation has been broadly classified into 4 types. And to mediate, a series of steps have to be followed. Over the years, this process has been modified to benefit the disputants securing dispute resolution. The latest research says that mediation has been rated highly due to its pros. This process is slowly becoming popular as it is a party-friendly tool to settle outside the court.

The present case comment focuses on the case of Stella Silks v. State of Karnataka. This judgement is usually not addressed by many but if one looks at this case it shows the kind of loopholes present in the Indian Environmental laws and how courts are helpless but to follow the law. On one hand, we see that the courts pass the lawfully right judgements in regard to the issues which come to the courts but what comes into the question is the implementation of the pronounced judgement by the Pollution Control Boards of both the Central and State Governments and correctness of the law as such. If we look at the Indian Water (Prevention and Control of Pollution) Act, 1974 [Act], the Stella Silks judgement is lawfully correct but if one reads the judgement many questions arise one of which is the proportionality between the damage done by the accused and the penalties imposed on the accused for its misdeed. This case comment points out and questions some few such lapses in the law itself, it also talks about the Court’s interference when an order is passed under Section 33A of the Act which is considered to be one of the most powerful section as it provides the power to the members of the board, there have been Constitutional law judgements which were against the judicial review of the board’s order, but later on it was held that such judicial review in not violating the Basic Structure Doctrine. I personally think that the judgement is lawfully correct and I support it for the light it throws on the ecological preservation but what is questionable here is the law itself.

In India, extra-judicial executions are witnessed since the history of police. Most individuals appears in favor of this act of the police. The politics of undisguised fake encounters like that of Vikas Dubey is a spot on Indian democracy. The whole occurrence appears to be a Bollywood movie but tragically it is not. These sort of incidents appears great in a movie of three hour but it is creating lawlessness in the real world. Extra-judicial killing is against the procedure established by law. In spite of that, the cases of encounter by police is rising with each passing day. The notion that individuals have in their mind with respect to extra-judicial killings is that of ‘quick justice’. The faith of people is shifting towards the retributive form of justice. The criminals needs not to be punished by arbitrary killings but as per to procedure set up by law. The aim of this paper is to dissect the encounter of Vikas Dubey, reasons for the rise in fake encounters, look into the laws concerned to extra-judicial killing. Further, the paper throws a light on the view of the Supreme Court on this issue.

Computer technology has provided a pathway to human life and adds precision, speed and efficiency. There is a potential for all of us to become victims of the rising pool of offenders who skillfully navigate the Internet. Cyberspace, also referred to as the Internet, is an intangible and complex environment. Cyber-crime is a major growing problem in the current legal scenario for the nation. The exponential rise in cyber-crime makes information security an essential part of our lives. The paper focuses on the legal implications of cyber-crime under acts of Information Technology Act 2000 and 2008, Indian Penal Code 1860, The Bankers' Books Evidence Act 1891, Indian Evidence Act 1872 and the latest draft of Personal Data Protection Bill 2019 and focuses on the significance of cyber-security law to achieve a cyber-safe environment.

The international conventions have marked the humanity of at most important for the survival in the society. The prisoners though are the social offenders have not been boycotted from the shield of humanity as most of the society have adopted the concept of rehabilitation and reformation. Every person shall be given second chance to relive and be adjust in the society. The exceptions are the barbaric criminals who are sentenced death punishment. Though, many states have abolish the death sentence and have adapted the life imprisonment concept imprisonment till the natural life of a person. The Indian society always been tending towards the reformative policy. The society believes in ending crime not criminals. The various development programmes that are established by the government for the betterment of the prisoners, help them to repatriate in the society which does not think them fit to socialise. Moreover, the responsibility is given to prisoners to build a social trust among the masses. The article covers the rights of the prisoners in international and national laws and the benefits provided to them by the authority.

All together the start of 2020 can be highlighted to two of these events, the first one being Anti-CAA protests all around the world in addition to which the world saw its first global modern day pandemic named as the SARS COVID-19 outbreak. The former left a big dent in our public service department and left us all questioning whether we are "safe" in our own country. The police has been accused of being hypocrites owned by the politicians specially by one of the most controversial department of the govt of India that is the home ministry as headed by Mr Amit Shah.Many even went forward to say that he is a modern day Hitler and his party(Bharatiya Janata Party) showcase all the traits of a Pre-Nazi Germany just before the holocaust. International communities have come forward in solidarity to support rising human rights groups all around the vast sub continent and a proper legal analysis was of utmost importance as a legal practitioner to be the future of this country.

Purpose: The purpose of the study is to understand the different dimensions of Strategic Brand Repositioning and how Consumer Relationship Management Strategies helps in effective brand repositioning. This study also helps in understanding the relationship between strategic brand repositioning and brand loyalty. Research Implication: This research paper provides a preliminary understanding of brand repositioning. Different businesses use different positioning strategies to create a discrete reputation in the minds of the customers in order to increase its sales volume by seizing the market share from their rival products. Repositioning is one of those strategies which help in creating new associations, feelings and attitude in the minds of consumers. In order to achieve its long-term objectives, companies can reposition themselves in the market with the help of CRM Strategies. This with help in maintaining a large customer base resulting in loyalty towards the brand and achieving both vertical as well as horizontal growth. Originality: The paper highlights the importance of Strategic Brand Repositioning and how it is related to Brand Loyalty. It is completely original and has been written from scratch by the researcher with the knowledge obtained by reading various other research papers, newspaper articles, journals etc

Sabarimala Temple, a Hindu temple dedicated to Ayyappan is situated in the Pathanamthitta District of Sabarimala, Kerala, India. In the past, menstruating-age female devotees were not allowed to worship here, this prohibition being said to be out of reverence for the deity's celibate role in this temple. A high-court Kerala judgment had legalized this interpretation and since 1991 barred women from entering the temple. In September 2018, a Supreme Court of India judgment ruled that all visitors, regardless of gender, including women in the menstruating age group, should be allowed to enter Sabarimala. This ruling of the supreme court led to several protests and the women belonging to said age group when tried to reach the Sanctum Sanctorium received many physical assault threats which led to several failed attempts. Be it because it was a custom since so many years, or people personally believing the reasons that prohibited women’s entry previously, there are still many sections of people who are against the supreme court ruling. The author in the present paper goes deep into the history behind the prohibition of women’s entry into Sabarimala and the possible reasons for the same. The various arguments that are and were put forward while talking in favour or against allowing women into Sabarimala are discussed in the course of the paper.The main aim of this paper is to throw a light on various aspects that are listed previously about the hot potato “entry of women into Sabarimala”.

Even in the 21st century, most women in India is still not able to access the proper abortion facilities. Abortion is still playing a major role in the life of women. In some cases, they have to abort it in their home because the hospital will take them as a patient. Even after all the law and government practices, the women of our country are still struggling. This paper critically analyses the history of abortion law and the polices that are currently in place. The changes that took place in the Medical Termination of Pregnancy Act, including the various sections that were added into it. The paper critically analyses Section 312 of IPC and the various flaws which remained unnoticed till date. It also explains the loopholes both from the past and present by taking example of various cases. In the end, the paper suggests remedies which the government can do to improve the lack of abortion facilities

THE MOST dangerous cocktail in a democracy is when those who are meant to enforce the law take the law into their own hands. The most unfortunate aspect of custodial violence is that it ambushes at the very root of the ethos of the rule of law which shatters the confidence of citizens towards democracy and criminal justice system. If a person is maliciously confiscated by police, the court can order his release. But what if the remedy loses its meaning even before the court gets an opportunity to hear the case? What if the person cannot be presented in court because he has died while in police custody? A writ petition in such a case would be meaningless. Howbeit, things turned out differently after the compensatory case.

The Constitution of India under Part III provides certain Fundamental Rights, one of these rights is the Right to Freedom of Speech and Expression given under Article 19 (1) (a) which includes Right to hold opinion, impart information, Right to commercial speech, Right to advertisement etc. The Right to Free Speech and Expression is a cornerstone of a democratic and welfare society and no doubt without this right the democratic nature of our nation as provided in the Preamble will become a deadlock. The primary principle of a democratic society is an untrammelled flow of words in an open discussion. Under no circumstances except as provided under Article 19 (2) the citizens shall be imprisoned from exercising this Right. After the advent of the Internet this Right was given a wider connotation by the Judiciary. Internet proved to be a great platform where people exercised Free Speech & Expression and raised their voices for noble causes and for National or International issues having sensitivity. If we believe that individual’s opinion and thought triggers the progress of civilization then Freedom of Speech on Internet is the key to that progress. The Hon’ble Supreme Court in its prominent Judgement in Shreya Singhal’s case interpreted that Freedom of Speech and Expression over Internet is constitutionally protected. This paper will deal with the concept of Freedom of Speech and Expression under Article 19(1) (a), how judiciary interpreted it through various judicial pronouncements and recent judgements related to Freedom of Speech and Expression over Internet.

Introduction- In the words of Gloria Steinem "A gender-equal society would be one where the word 'gender' does not exist: where everyone can be themselves." The rights to women were given under the Indian constitution seventy years ago; still we find that women continue to remain a suppressed class. The point to be highlighted is that it took us 70 years to realize that women can hold commanding positions in the armed forces. The basic rights of women are violated by the patriarchal structure of the society and the cultural norms that are set up. Here in this paper we shall be discussing about the provisions for women under the Indian Constitution as well as in Indian Law and discuss as to what extent it has been implemented and accepted by the society. While discussing so the emphasis will also be laid upon the sociological aspect as to why women are not being treated as ‘equal’. Theme- The paper shall be based upon the concept of equal rights to women with proper implementation and acceptance. Objective- The objective of this paper is to describe what exactly the term “equal rights” and “equality” signify and also to present the provisions that are already present in our constitution but are not being implemented. It is also to bring out the problems that women face even though they have the rightful claim to it yet they are being deprived of it and being treated as equal still remains a privilege for the women even today. Research Methodology- The paper is mainly based on the information gathered through articles, newspapers, books and internet sources as well as examples seen and observed by the authors

There has been for a while now an upcoming drift towards the alternative dispute settlement procedures as it is naturally preferred by the parties to the dispute in the first instance and secondly due to the fast evolving nature of commercial disputes which can only be resolved by the adoption of these procedures, it signifies the imminent reputation that arbitration enjoys and to complement that the existing arbitration and conciliation scenario in India consists of a robust and efficient structure for the redressal of disputes. This research paper strives to present a diverse and assorted picture with regard to the capability and responsibility of the arbitral tribunals’ to cull out any doubts as to the questions and obstacles of their jurisdiction. There has been over the years a healthy debate going on over the principle of Kompetenz-Kompetenz not only in India but also in a majority of other countries. The jurisprudence of these nations have varied interpretations and versions for this doctrine and it has been accompanied by a considerate effort which has been made by scholars and academicians to address these concerns by meticulously following the developments which orbit around this doctrine. The paper portrays the stance taken by the Indian judiciary while dealing with this doctrine along with elucidating its nexus with other pertinent international jurisprudence associated with it. Although this principle is one of the most cherished fragments of arbitration still there is a requirement to delve into the analysis of its potential and an appropriate use of this doctrine.

Debt can be defined as the loan taken by an individual or an organization from the bank or financial institutions to meet its expenses, start a new business, buy a new house or vehicle etc. The person or organization taking the loan is called as the debtor and the lender is called as a creditor. Many a times the debtor is not able to repay the creditor its principal amount or the interest amount due to losses in business or due to other possible reasons. In such cases the creditor might try to settle the issue in person or approach the court to intervene and help them recover their money.

The United Nations adopted the Universal Declaration of Human rights on 10 December 1948 which proclaims that all human beings are born free and have equal right to dignity .Similarly Indian Constitution guarantees several rights such as the right to equality in Article 14, right to life and personal liberty under Article 21 of Constitution to all its citizens irrespective of gender .Gender equality means a society in wherein both women and men enjoy the same opportunities, rights and obligations in different spheres of life. Equality in decision making, economic and social freedom, equal access to education and right to practice an occupation of one’s choice. In order to promote gender equality, we need to the empowerment of women, and concentrate on areas which are most crucial to her well being. Women’s empowerment, economic, social, political, is vital to growth of any nation and to protect and nurture human rights

The Partnership Act, 1932, places unlimited responsibility on the partner, whereas the company laws viz. Companies Act, 1956, seeks to pay heavy punishment including imprisonment for the individuals operating the business to comply with multiple clauses otherwise. A fresh company form, i.e. Limited Liability Partnership (LLP) emerged with the enactment of the Limited Liability Partnership Act, 2008 (the Act), informed on March 31, 2009. This structure has become quite common among Small and Medium Enterprises (SMEs), Professional Services and Small Enterprises as this business form seeks to integrate the partnership's operational flexibility with advantages of limited liability and a company's distinct legal identity. Therefore this paper discusses significantly about the various features of LLPs, their advantages and disadvantages, the LLP Act 2008 and also the taxation of LLPs in India .

Purpose: The author in this paper aims to show the significant impact of a diverse workforce on the results of the company. The workplace is becoming increasingly more global. Research has shown that diversity translates into a competitive advantage for companies who embrace it . It also allows those companies to find and leverage untapped opportunities. However, due to the increase in diversified workforce in some or the other way, people are facing lot many problems at the workplace. The diversified workforce may experience less cooperation from some of their colleagues at work, but in order to achieve organization goals, it is imperative for the organization to be effective in terms of its functioning, HR managers have a critical part to play in this scenario, to manage effectively, bridge differences and use difference to one’s advantage. Research Implications: This paper provides a preliminary understanding of the role of HR managers in managing workforce diversity, its significance and scope. It also highlights ways how HR can manage the diversified workforce to bring quality results. Hence, future research should use alternative methods, to verify the findings and methods of the current research. Originality/Value: The paper highlights the significance and importance of workforce diversity and the competitive advantage it brings to the company. Further it also lays down suggestions to enhance the workplace diversity in a company

During the period of industrialization, there were many industrial hazards that took place due to the faulty equipment and lack of safety. This costed many lives and there was no law enforced to protect the rights of the people associated with the factories. In a period, such as this, the case of Rylands v. Fletcher in 1868 brought about the rule of strict liability was established, which ensured that those industries which kept hazardous substances owed strict liability to the stakeholders of the factories, if those substances escaped leading to damages. However, this rule came with a lot of defences or exceptions available, and the factory owners exploited these defences to get away with the compensation. From the Indian perspective, the rule of strict liability was valid until the Bhopal gas tragedy in 1984. This disaster took away many lives due to criminal negligence. It was one of the darkest days experienced in the history of India. However, soon after this, the Oleum Gas Leak case occurred. This back-to-back instances of two major industrial hazards pressed the judiciary’s need for a more effective and stringent law in place; the rule of Absolute Liability. This rule came with no exceptions and the factory owners would be held absolutely liable for any negative consequences of the factories. This paper, therefore, tries to analyse the evolution of absolute liability from strict liability and the take of Indian jurists on the same from the judiciary’s perspective. It also aims to analyse the need of absolute liability rule in India and how that has affected the responsibility of businesses towards their stakeholders

This research paper shall deal with the international norms laid down by two major aviation agreements for third party damage and liability caused by foreign aircrafts, namely the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, 1952 and its amending Montreal Protocol, 1978. The research shall first identify the subsisting areas of concern in the international norms of third party damage by aircrafts, by analysing the 1952 Convention and its related documents. Further into the study, the research shall be focused on the concept and principles of liability of foreign aircrafts for third party damage caused on the surface of the earth and its developments throughout the years, thereby highlighting the opinions of a few nations with established aviation sectors and the rationale behind such viewpoint. Following this, the paper shall critically analyse all the provisions of the 1952 Rome Convention and the 1978 Montreal Protocol, and elaborate on any existing issues in the area. As we already know, there has not been much progress in this area by the ICAO or the different nations involved in aviation sector, mostly due to the varied opinions of different nations regarding the liability scheme of aircrafts in case of a third party damage on the surface. Any progress made, have mostly turned ineffective in the long run, thereby keeping such a crucial issue in the aviation industry at bay. Finally, to reach to an amicable arrangement among most nations for settling such subsisting issues, the paper shall conclude by providing the author’s suggestions on the various areas of concern subsisting in third party damage by aircrafts, highlighting the legal changes which may be brought about to mitigate the issue of third party damage by aircrafts. Hence, for ease of dealing with this issue elaborately, the research paper has been divided into various Chapters and heads, discussing the various aspects of third party damage and liability of aircrafts.

As numerous texts, precedents and experts have reiterated – “Media is an essential part of democracy.” Media takes pride in its participation in creating, changing and portraying the views of public at large. In India, Social Media has taken over from traditional media like newspapers and radio in recent years. But ‘cinema’ has proven to be a medium which has survived the test of time and its impact in the modern world has only expanded. With Global Cinema markets like America, China and France opening up for Indian Cinema mindful of its worthy content, there has been a steep increase in production of off-beat content and those which were earlier deemed to be “sensitive” , “objectionable” and “controversial” have now become a part of mainstream cinema. Cinema just like every other medium is not above the law and has to undergo its legal process of certification and censorship before it gets to the eyes of the public. But this legal process has led to several instances of ban and censorship of content from public exhibition. Does the law really intend to draw the line or is this just an age old process that needs serious changes to adapt itself to the changing times? With various questions being raised on the basis of these bans and censor cuts, the real challenge lies when it is matched up with the facets of law. Freedom of speech & expression is an important piece of legislation in the Indian constitution which serves as the ultimatum in this regard. A few recent incidents have forced the people to question its latent existence and the “freedom” it practically guarantees. This paper is an attempt to bring out key aspects regarding the issues in censorship and their history along with the essential legal aspects involved in it.

We have been brought up in a culture where society dictates that men are supposed to be strong, courageous and dominant, while women are expected to be fragile and submissive. Women endure a great deal of ordeals like rapes, domestic violence, harassment, etc. but it would be discriminatory to men if we don’t acknowledge that they go through these atrocities as well. Domestic violence against males is no longer an aberration, but a real problem. The term 'masculinity' weighs on men throughout their lives. Even people belonging to the lesbian, gay, bisexual, transgender and queer (LGBTQ) community can be the victims of such violence. They are in fact more likely to be the victims of such crimes. This paper provides a novel and comprehensive analysis to the conventional laws pertaining to domestic violence in India by taking a gender neutral approach

Lynching, a new phase in the chequered history of violence in India. The increase in the incidents of lynching in India shows a strange barbaric behavior of man during the present era. Lynching involves the injury or murder of a person who is a criminal or accused of a crime against the community. It will not be wrong to say that the very concept of people not taking law in their hand is losing its essence in modern era which is prima facie by the incidents of lynching. In the modern India where the people have Justice, Liberty, Equality, Fraternity they are being lynched on the basis of their caste, creed, city, state, religion and even on what they eat. Lynching is a very sensitive issue; it is high time now that we require a strict implementation of the law on lynching. We in one voice need to send a message to this country that lynching shall be condemn and that’s the message this country is looking for in modern-INDIA. The study aims at understanding the need for a specific law against lynching and also tries to explain how the existing penal law is not sufficient enough to fight the heinous acts of lynching. The state needs to protect the lives of its citizens and when its failing to serve the purpose with the existing law there’s no harm in taking a refuge to a new law dedicated to the specific mischief which if not controlled will become our national crime.

“International Law has no alternative but to accept war, independently of the justice of its origin, as a relation which the parties to it may set up if they choose, and to busy itself only in regulating the effects of the relation”. “This view, which was widely held during the 19th century, abandoned the distinction between the bellum justum and bellum injustum. The prohibition of the use of force and the principle of non intervention in internal or external affairs of other states are two of the fundamental principles of the international laws governing international relations. The use of force has been a long standing phenomenon in international relations and has been considered to be directly linked to the sovereignty of states the limitless power wielded by states to use all possible means to guard and protect their interests.” The Kellogg-Briand Pact outlawed the waging of “aggressive war” but when the United Nation Charter was adopted in 1945, it not only outlawed “aggressive war” but also prohibited any use of force or threat thereof. It covered both war and n-war armed conflicts. This paper will explains the international law principles which prohibits the use of force and the relevant use of force, then it will consider the legality of the coalition’s recent military action , previous cases in which the right to anticipatory self- defence has been relied upon, the opinion of international law commentators on these issues will be critically analysed and finally the possibilities for development of this branch of international law with particular emphasis on codification of relevant principles

Every Constitution contains such principles which make up the “Spirit of the Constitution” And Indian constitution is not an exception of it. The Preamble Of our Constitution which is considered as a part of constitution itself as held in Kesavananda Bharti case And every word of it, is sacrosanct. The constitution is the supreme law and all organs of the state i.e., Legislature, Judiciary and Executive is bound by the same. Law is defined as “The law means to balance the competing interests of an individual along with the social interests of the society.” Presently, in this research paper we will deal with the relationship between constitutional concepts and the criminal jurisprudential perspective. Some of them are interlinked with Fundamental Rights, Some of them With Directive Principles of State Policy and others with Fundamental Duties. Furthermore, there is also linkage with acceptable constitutional norms and values as interpreted by the Hon’ble apex court.

Comparative criminal justice system is a subfield of study of criminal justice that compares justice system worldwide. Today, comparative research in criminal law is an absolute necessity. In the criminal justice, the only efficacious way to prevent and combat crime is by harmonisation and coordination of all efforts worldwide. A comparative perspective is necessary for overview of powers, laws, punishments and procedure to acquit or convict. There is a huge impact of comparative criminal justice on public faith, judicature, amendment power of an arrest, structure of criminal judiciary system and reforms. We often say illegality is an element of crime and government must enact a criminal law specifying the crime and its elements before it inflicts a penalty upon an individual on in requital for criminal behaviour. The plethora of laws differ significantly from state to state. Responsibility for criminal law and criminal justice differs as law is not static. The laws that govern behaviour also changes.

The article revolves around the Securities Exchange Board Of India and its efforts to regulate the financial market in India. The paper highlights the importance of disclosures and ways in which SEBI regulates and penalizes offenders who fail to make proper disclosure during an initial Public Offer. The paper aims to shed light on why disclosure forms such an important part of an Initial Public Offer and why keeping a public investor important is of utmost priority to SEBI. The paper also talks about various regulations in place to help regulate the process of a Public Offer. Through this research paper it becomes highly evident that although SEBI gives utmost priority to investor protection they also seem to have wide discretionary powers in respect of deciding whether a company or individual has defaulted. The main question that drew me towards this topic was whether the company raising the capital has enough discretion to decide what according to them is material for the public offer. The article revolves around the Securities Exchange Board Of India and its efforts to regulate the financial market in India. The paper highlights the importance of disclosures and ways in which SEBI regulates and penalizes offenders who fail to make proper disclosure during an initial Public Offer. The paper aims to shed light on why disclosure forms such an important part of an Initial Public Offer and why keeping a public investor important is of utmost priority to SEBI. The paper also talks about various regulations in place to help regulate the process of a Public Offer. Through this research paper it becomes highly evident that although SEBI gives utmost priority to investor protection they also seem to have wide discretionary powers in respect of deciding whether a company or individual has defaulted. The main question that drew me towards this topic was whether the company raising the capital has enough discretion to decide what according to them is material for the public offer.

The principle of no-fault liability is embodied in Section 3 of the Public Liability Insurance Act, 1991 (hereinafter referred to as “the Act”) and is further extended by Section 4 of the Act which imposes a duty upon the owner of industrial establishments handling hazardous substances to take out insurance policies. The Act was an answer to the disastrous Bhopal Gas Tragedy in 1984 and the soon after occurring Oleum Gas Leak in 1985. Since then, the courts have applied this principle to a plethora of cases to serve justice to the victims as well as the survivors. But the question arises that whether the meagre tune of relief provided in Schedule I of the Act is truly just to compensate for the sufferings of those who have lost their life and limb, as well as for their dependents? Keeping justice aside, is the compensation even enough keeping in view the soaring medical expenses today? This research paper investigates the legislative history of the Act, focusing on the principle of no-fault liability; mechanism for enforcement and implementation; compensation structure and its sufficiency or insufficiency

Corporate philanthropy has always been a part of India’s business culture but what had remained voluntary so far was officially inserted into the legislation governing companies with the new Companies Act 2013. In fact India became the first country to actually do something that several countries had only been discussing for years. However, unlike other countries which envisage internal tweaks in operations, India’s approach to CSR is towards external philanthropic initiatives to be taken up by companies. Ever since its implementation, a lot of eligible Indian companies have gotten themselves involved in and lent a helping hand towards making India a better society. Several studies/reports have also indicated that companies too benefit from indulging in such initiatives in the form of an improved brand image, consumer loyalty as well as a motivated workforce. On the flip side, its an increased cost to the companies who could’ve used the money in strengthening their balance sheets or bettering their offerings. The current CSR legislation is a great initiative but is highly flawed in its approach with its actual contribution to the development of the society being questionable. However, with some tweaks it can yield better results and truly serve as an example for the rest of the world to follow. This article seeks to identify the numerous flaws in the legislation which enables loopholes for eligible companies to actually not contribute to the objectives envisaged by the legislation, with the backdrop of approaches adopted in other countries. It also looks at the advantages and disadvantages of having a mandatory approach towards Corporate Social Responsibilities and how it has fared thus far. Lastly, the paper offers solutions to the problems faced by the legislation in achieving its desired objective as well as suggestions for strengthening the legislation even further.

The Bar Council of India Rules places dual restrictions on practicing advocates by way of restriction on employment and restriction on advertisement and solicitation by practicing advocates. These restrictions hinder the growth of lawyers and limit their earning capacity. The World Health Organisation declared COVID-19 virus as a global pandemic in the month of March, 2020. Due to this, Central Government imposed a nation-wide lockdown from 24th March 2020 onwards to curb the spread of COVID-19 virus in India. Since then, the courts and tribunals throughout the country have remained closed or are functioning at their minimum strength. Due to this, the advocates throughout the country, especially the first-generation lawyers, are finding it extremely difficult to earn their livelihood. Few advocates have even committed suicide as they could not earn enough to feed themselves and their families. The legal fraternity has also raised its voice against these restrictions and has come forward to help the advocates in need. This paper analyses the impact of these restrictions in light of COVID-19 as being violative of Advocates’ Right to Life under Article 21 as well as Right to Profession under Article 19(1)(g) of the Constitution of India while also highlighting the need to relax these restrictions as a progressive society.

The offence of Sedition, as contained in section 124-A of Indian Penal Code, is one of the most abused provisions of law. Despite the fact that Supreme Court laid down its essential ingredients in its Constitution Bench judgment in Kedar Nath case, followed by a number of other judgments, it is still mischievously invoked by overzealous people who cannot tolerate any criticism to the government’s point of view or by the government itself. A large percentage of such cases result in acquittal. But the ever increasing instances of use of this provision have a suffocating impact upon right to free speech and expression and democratic future of this country. The country of its origin, United Kingdom, has removed it from the Statute Book. In these circumstances, what should be the way out for us?

The Traditional Cultural Expression (TCE) is the forward end of seeking protection of cultural and intellectual properties of indigenous people. The protection is meant for their conventional contents, writings, dialects, customs, songs and music, works of art, painstaking work, ceremonies, services, legends and fantasies. This much needed protection means some kind of fundamental justice with a perpetual ability to render protection maintaining its indigenous sanctity and character. This paper aims to highlight the grey areas of protection in the Indian Copyright Law, due to which the indigenous communities have been victims of exploitation of their cultural expressions and traditional knowledge, more often without their knowledge. They have been turned products of commercialization and profit, by entertainment industries and other catalysts of commodifying nature. It is an endeavour to examine why Indian laws have so far failed in providing adequate and appropriate measures to protect TCEs.

Hovering amidst the large sum of 21 million disabled individuals in India, are “12.6 million males and 9.3 million females”. Based on the recent polls, 43-44% of the entire disabled population are women. The question one may fathom when we discuss “Women with Disabilities” (WWD) is that the need of carving out a gender aspect in the predominant discourse of disabled rights. The answer lies in the post-modern perspective of “Intersectionality” which as a concept first emerged in the works of Prof. Crenshaw who studied various political and social identities of a person and how such identities manifest into systems of discrimination that the said person may be exposed to. The emergence of the intersectional theory has led to percolation of different mainstream movements into one melting pot so as to achieve definitive inclusion and confront newer forms of discrimination. One primary example of such intermingled ideologies which directly relates to the focal point of this paper, is “Intersectional Feminism” which in its post-modern form has broadened its horizons of activisms from core women rights to include peripheral and concomitant issues related to rights of “queer women, transwomen, women of colour, women with disabilities”, so on and so forth. While on the forefront, people with any form of disability are prejudiced against and do not enjoy equal access to opportunities and resources, the female population, due to years of systemic oppression and prevailing patriarchal structure, assumes a greater risk due to multiplied identities leading to flaring of inequalities, violence, ignorance and predisposition . When the gender and physical identity of women with disabilities become apparent in a mutually exclusive manner, it encumbers access to any sort of rights, opportunities and resources. If we delve deeper into the intersectionality by adding a few more social markers through analysis of a government report drafted by “Ministry of Statistics and Programme Implementation”, we are familiarized with the deafening reality which is: half of the women who are disabled either do not have formal education or they drop out of educational facilities quite early. Furthering away from education into its end i.e. employment, it is to be noted that the gender disparity becomes unblemished in observation as 40% men with disabilities are employed in occupational settings while merely 21-23% of women with disabilities find employment in such institutions.

The Competition Act, 2002 was formulated with the intent to address the problem in the Monopolies and Restrictive Trade Practices Act, 1969 and to prevent inequity, while sustaining the competition, in the Indian market and ensure free and ethical trade carried on by the participants in the market. In keeping with this intent, not only is the Competition Commission of India (CCI) vested with powers to monitor anti-competitive behavior taking place within the country but under Section 32 of the Act also empowered to take under consideration of an act taking place beyond India but having an adverse effect on competition in India. The Act by allowing CCI to exercise extraterritorial jurisdiction has made it possible for CCI to take action against anticompetitive conduct involving imports, and foreign cartels which may adversely affect the Indian market. While CCI has been given such powers it is yet to be seen how it balances its domestic responsibilities along with keeping track of international developments keeping in mind the infrastructure available to it. This paper attempts to analyze the grant of power to the CCI under Section 32 and its effect.

The increasing interaction between property (IP) and competition is an issue with great relevance today. If we consider them with our traditional ideology, then IP and competition laws may seem to follow divergent objectives since one grant temporary monopoly and the other seeks to protect the market from monopolistic behaviors. However, a modern and deeper observation leads to the finding that they share a common aim, which in many instances makes them interact in a complementary manner to each other. Both reasonable IP protection and effective antitrust enforcement are a part of the worldwide innovation system. The similarities and tensions between IP and competition are constantly present within the application of those bodies of law. Therefore, to adequately face the new challenges that this phenomenon has brought to the trade system, each jurisdiction should analyze and considers the interaction that IP and competition may have on different grounds. This paper touches on some initiatives that seek to deal with these interactions in broad terms, proposing different paths to be followed to form IP and competition enhance each other’s virtues and work together towards the development of social welfare. Further, it cites some samples of tensions which will arise when IP interacts with competition law and the way they could be resolved in several ways consistent with the particularities of each jurisdiction. There is a group of practices which will be recommended for promoting the approach in each country within the future, supporting different observed practices. The first course of action is to reinforce the relation between competition and IP agencies. This may be done at different levels—from bringing IP and competition promotion functions into one office, to promoting an off-the-cuff more fluent relation among offices.

There is no denying that the Virus has effected the economies around the world as much as it has hit the masses. The IMF has claimed that the global economy is expected to shrink by over 3 percent in 2020 – the steepest slowdown since the Great Depression of the 1930. In these difficult times, governments across the world are trying to reduce the impact of the slowdown and this is where the fiscal policy of an economy comes into picture. The role of the 'government expenditure' during the time of crisis is extremely important. Some argue that during the time of economic slowdown, the government should become austere (spending less). While others say that there should be an economic stimulus. (increase in government expenditure).This was a heated debate in the time of the 2009 financial crisis in The West. This research will discuss the fiscal measures of the government in the COVID era with a comparative study of India and The West. We will also explore the role of the government sector during the crisis by exploring the austerity vs. stimulus debate in economics in the Indian context.

The business sector around the world is transforming its operations through different forms of consolidation techniques, such as mergers and acquisitions, in order to address the challenges raised by the current trend of globalisation. Cross-border mergers and acquisitions ( M&As) have increased sharply over the last two decades, partly as a result of financial liberalization policies, government policies and regional agreements. This paper aims to highlight the current key legislation and regulations governing Indian M&A activity with special emphasis on cross- border mergers and acquisitions

The level of maturity, physical and mental competence and experiences of an individual is something that differentiates a child from an adult. Children are highly vulnerable to fall a prey to temptations by groups to embark on the track of delinquency. When these young minds follow the wrong direction, they can hamper the social command of our organized society and lead to destruction of morals. Various observations have shown that there exist dynamic factors that influence a child’s mind during their upbringing. Factors like poverty, lack of education, drug abuse, discrimination by the society etc can act as an inspiration for them to choose the path of criminality. The recent past has shown a significant increase in juvenile offences all around the globe and has raised major concerns. When we look at juvenile psychology, there is a need for care, correct counselling and rehabilitation for juvenile offenders and the same can be done with the help of various legal provisions and actions taken by the government. Through this article the author tries to explain how Juvenile Delinquency has now become a serious issue for the society and an important aspect in criminology. The same is done by highlighting various factors influencing juvenile crimes and important legal provisions governing Juvenile Delinquency in India

The raison d'être of the paper is to dispense an overview on the importance of Menstrual Health and the Constitutional and Human rights which come associated with it. Providing an introduction about the basics of health and process of menstruation, the paper proceeds to discuss how various religions perceive the biological process and court set precedents which emphasize the right to health. The paper analyses the pertinent and landmark case of the Sabrimala Temple. The paper moves forward with the Government policies in place to ensure dignity and rights of women followed by an in-depth analysis of The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018 introduced by Thiruvananthapuram, Kerala M.P.- Mr Shashi Tharoor. Furthermore, The paper talks about menstrual health rights of women across the globe and the UNFPA initiative regarding the same. The paper in its last section talks about the impact and consequences of poor menstrual health and hygiene on the physical and mental health of women. The paper aims to spread awareness among stakeholders as well as citizens of India that it is high time we honour women and give them the share of dignity they deserve and move forward to a society that does not see menstruation as a taboo.

“The Internet is becoming the town square for the global village of tomorrow.”- Bill Gates As we all know that we live in an era where everything is digitalising and shifting toward electronic means and internet-based like E-mail, E-court & E-contract and many more. Just like that there is E-evidence which means electronic evidence or digital evidence a not so recognized term in the legal field but getting pace and usage with every new case coming up. So, through this paper, I will be discussing what is E-evidence?, its two subforms and its admissibility with reference to Indian Evidence Act 1872 and IT Act 2000. I will be taking help from some case laws and judgment related to E-evidence and as well as focusing on the authentication of it and the concept of E-evidence in India

The immediate document refers to the difficult situation of children who live with their father or mother in prison. A large number of young people who live with their mothers or fathers in prison because of prison guards. This article addresses the issues facing these young people in prison. The shields adopted by the Indian government for the safety of these children also followed. The article also talks about how children's human privileges or natural rights are affected by prison. This report presents data on selected global and local activities and laws around the world by identifying teenagers with a detained mother or father, allowing them to live in prison. The report also provides an overview of the percentage of young people living with parents in different countries who have access to similar data. It describes the consequences of various choices made on the condition that children go to prison with their parents. This selection includes enrollment hearings and conversations of prison inmates with exceptional youth units. Some of the results are the absence of data on young people living in detention, similar to the lack of training rules defined by the expression "corporate invisibility". The expression "institutional invisibility" illustrates the uncertainty of the prison process for the child and his parents. A series of projects associated with efforts to improve the lives of imprisoned guardians follows. The last part of the report includes a bibliography

The idea of human rights rests on the centre of thinking that all humans are equal. All humans have dignity and thus should be treated equally. Anything that undermines that dignity is a violation, as it violates the principle of equality and gives way for discrimination. Homosexuality is one of the most debated issues in the world which raises the question on human rights. People around the world become the prey of violence and discrimination only on the basis of who they love and how they look. The year 2018 ushered a ray of hope for the LGBT community who has been fighting a prolonged battle for their rights, and finally, homosexuality is decriminalized in the judgement of the Navtej Singh Johar case. While the laws have changed but violence and discrimination against the LGBT community still persist at the hands of state machinery is evidence to the low status it actually grants to the LGBT community. In India same-sex marriage is still a far-fetched dream. We must look forward to the International statue for the attainment of the real objective of the Constitution i. e. All citizens are equal. There is a need to reform the society, to amend the underline thinking that it is no taboo or some mental condition and to make everyone believe that human rights stand for all

This paper seeks to provide evidence that the Soviet Union economy prior to its disintegration was sinking and was economically unstable for political, social and mostly economic reasons. It intends to show via the usage of economic tools such as graphs as well as world bank statistics and reports, the transition of socialism to capitalism with special reference to the economic progress made in Russia and simultaneously draw parallels between both the models. Such transition was followed by a lot of chaos as the shift from collective ownership to private and profitable ownership fetched in psychological shock in absolute abundance. This paper also closely looks at the increase in the Gross Domestic Product (GDP) in Russia and goes on determine how growth in GDP can only go to ensure economic advancement but does not serve as a determinant of overall well-being

This research paper throws light on the recent events of police atrocities in the Thoothukudi case. It further goes on to address the issue of custodial deaths in India and the reason behind the increase in number of custodial deaths with the passage of time. The paper further drags the attention of the readers towards the lacunae which exists in the working of the current system and how this lacunae acts as a driving force in increasing the custodial deaths. Further, the paper makes a comparison of the Indian scenario with that of the world by studying the recent case of George Floyd and the black lives Matter movement in America. It also analyses the significance of peoples’ movement and the impact it has on the society. It further analyses the importance of peoples’ movement in India and the powerful impact it can cause in the current system. Lastly, the paper attempts to find solutions to the ongoing problem with reference to custodial deaths in India and the attempts to relish the importance of peoples’ participation in the Indian context.

The article emphasized as to how masks and sanitizers are not being permitted under input tax credit to seek relaxations in a situation of such pandemic, where the installation of such products are itself made mandatory by the government for the safety of its employees and workers and as to how important is it to add masks and sanitizers under the category of essential commodities and to not categorize them as goods used for personal consumption. ITC is allowed to every registered person who in the course of its business avails credit on the input tax on the goods and services provided. Further to how CSR contribution could be helpful to the assessee to claim such a benefit under it and is it valid and justified to do so? The researcher tries to bring out all possible points that could be in favor and benefitting the assessee. Finally, the paper deals with famous case laws which will give the reader an insight to help them understand the need and implications of such a statue

The issue of fake sexual violence and dowry cases are increasing. If all the laws will only protect women from their perpetrators, then what about men? Who will shield them? What happens to our justice delivery mechanism and the policy of "fair access to justice" when the lives of hundreds of innocent men are ruined on account of fake accusations. This article talks about how the benevolent provisions of law which were made to shield women are used as a weapon; how difficult it is for our society and authorities to think about Male rights and their protection, as we have seldom given a thought about it. Why is it so hard to believe that a Man can never be wronged? Why they are only thought to be the wrongdoers and not at the receiving end? And many more such questions are waiting for being answered. The Constitution of India provides Right to Equality as a Fundamental right, but what happens to the rights when a false case is filed against a man? The media trial makes the man guilty until proven innocent. Many lives are destroyed, families are ruined, dreams come crashing down and most importantly a man looses his dignity in society. The trauma one faces when nobody listens to their side of the story is beyond explanation, when men get systematically harassed by the laws of land. It is the need of hour to develop Gender neutral laws as there are more than 40 laws made for the protection of women, but not a single law for safeguarding men. Let’s visualise together a just society where Men and Women are equal partners with a sensitive heart who listen to each other and work towards the development of society and the country.

World health organization (WHO) was first informed of a cluster of cases in pneumonia caused by COVID-19 in Wuhan City, China, during December 2019; which has now caused an outbreak of respiratory illness across 213 countries. The first case of COVID-19 was reported on 30th January 2020 in India. The sharp spike in covd-19 cases and deaths has become the new reality for the people around the globe. The measures needed to control the spread of the virus have become the topic of debate as it is not only affecting the health of the people but it has brought the global economy to a standstill and also transverse or curtailed the basic rights of the individuals. Not only the developing countries like India are suffering but developed countries like USA are not able to combat the spread of virus. Where rapid increase in COVID- 19 cases is not expected to die any time soon, generating resources including finance and employment shall be the next big challenge in the near future. Absence of vaccine and other medical facilities are adding to the overall delay and further choking our disreputable condition. In order to overcome these situations and circumstances there is an instant requirement of legislative leadership, to assist and empower so that economy, education and public health sectors are revived.

Women were always subjected and judged on their body types. In the olden times, especially in America, we see the trend that the women were supposed to be dressed and styled in a particular way. She had to cook for the family, buy groceries and look absolutely perfect for the husband, when he arrived in the evening. They were discouraged to get a formal education. They weren’t asked any opinion on matter of money, policies, economics, sports etc, because they were women, they only knew how to cook. Numerous examples from the television adds, movies showcases and portrays the dimension of woman. They were looked for ‘sex’, they were supposed to look glamorous, with heels and lipsticks and short clothes. Few of the images below showcases the actual picture. Sadly, the phase is yet not over in many parts of the world. This constitutes as a form of sexual harassment but women refuse to surrender to this thought of thinking. Even if a woman complains, she is asked to be silent, called dumb, having a person with no humour etc, which was long ignored by woman and men. Sexual harassment is a problem long manifested, which creates a problem not only in the working condition of an office but also on the mind of a woman. This paper is an attempt to analyse the factors and indication of sexual harassment with reference to State Maharashtra. In doing so, it will also critique the laws relating to sexual harassment.

On 2 nd November , 1965 the company named MacKinnon Mackenzie & co. private limited situated at 16, strand road Calcutta has made an alteration in the company’s memorandum of association for the purpose of shifting the company’s head office from Calcutta to Bombay by passing a special resolution in accordance with section 189 of the companies act,1956 in the general meeting which was held by the company ,then the company subsequently after making due notices as per the act it unanimously came to an abiding decision as per which the memorandum of association of the company was altered by the deletion of clause 2 therefrom and by substituting the following clause with that ‘’ the registered office of the company will be situate in the state of Maharashtra’’ which would enable the company to carry on its business on a large scale with a more efficient and effective manner as said by the directors and shareholders of the company who considered it as a necessary and desirable step but this was contested firmly by state of west Bengal and the registrar of companies when the application for the alteration was submitted before it with a view that the transfer of registered allocation office would amount the state of west Bengal a hefty loss of revenue as well as employees condition were exposed to a greater height of risk that compels to take necessary step for protecting their interest and as aggrieved by this immense step the company filed a petition for granting the resolution which was favored by the court and the resolution was granted ,with an view that state has no locus standi.

As the world is moving towards gender neutrality, cases of grave violation of human rights could be traced back to rural parts of Africa, Europe and Asia. The practice of Female Genital Mutilation (FGM) is an internationally recognised violation of Human rights of women and children. United Nations have laid down various guidelines for the curbing of the practice and raise awareness among the communities. Though the framework on FGM forms the part of international law, the States have discrepancies when it comes for the ratification. Hence it becomes essential to have a municipal law to penalise the wrongdoer. The paper deals with the analysation of the scenario in India concerning the mutilation practice. The study highlights the drawbacks of the municipal provisions for curbing FGM. The practice has been judicially criticised in the case of Sunita Tiwari v. Union of India which pronounced that provisions of POCSO and IPC would address the practice as an offence. Nevertheless, it is a matter of concern that the term female genital mutilation is neither defined in municipal law nor realised to have a dedicated provision for the offence.

The COVID-19 pandemic has prompted extraordinary demands and price instability for specific items, as well as fluctuations in firms' expenses. As firms battle to deal with these changes, organizations are forcefully looking to show they are forestalling consumer protection. Governments are exploring dependent on a wide range of instruments, including competition rules, consumer protection law, and & price gouging restrictions. Thereby, in such a scenario, it becomes necessary to remain significantly more cautious (with respect to the advisory issued by CCI for businesses in the wake of Covid-19) than in ordinary occasions if there is a danger of virus profiteering. This Foreword tries to assist the businesses by exploring the rapidly developing challenges of the COVID-19 pandemic. It initially sums up the guidelines on "exploitative" abuse of dominance in India by addressing the inherent problems associated with “excessive pricing”- one of the grey areas under the Competition Act. Second, it portrays the implementation steps that organizations are taking during the pandemic. The author endeavors to explain the troubles experienced by the Indian competition authorities in determining excessive pricing by setting a benchmark value, which is contended to be beyond the competence of competition authorities solely. Towards the end, the author has dissected the unsatisfactory quality of the "one size fit for all" approach and recommended the requirement for more regulatory measures in the presence of individual sector regulators in India

Marriage under the Hindu Law is considered to be a sacrament. According to Hindu Philosophy, Marriage is the beginning of a new phase of life as it marks the ending of the Brahmacharya i.e. the first phase of life and the beginning of the Grihastha phase i.e. the second phase of life. In the judgement of Koppisetti Subbharao v. State of Andhra Pradesh it was held that marriage is considered as the union of two souls. Thus, it can be said that marriages are a sacred alliance for life, and moreover it is not only just a union of two persons but also of two families. In ancient times, marriage was considered to be a permanent bond. But with time this notion of marriage being a permanent bond has undergone a severe transformation. In the modern era of consumerism there are severe contradictions and differences that arise between parties which ultimately lead to bitterness. Dissolution of the bond of marriage has often been observed to be the end result of such a relationship. The provision of Divorce by Mutual Consent which was inserted by an amendment in the year 1976 and is contained laid down in Section 13B of the Hindu Marriage Act, 1955 has often been considered as a very good way to settle disputes between parties in a peaceful manner. This articles aims to introspect this process of Divorce by Mutual Consent under the Hindu Marriage Act, 1955 and examine the process and conditions related to filing of such a divorce. It also aims to study the changes that have been incorporated in these sections with time.

India is of the opinion that it cannot commit to adopting the concept of “Data Exclusivity” as Article 39.3 of the TRIPs Agreement does not impose such an absolute obligation. However, there was a constant pressure from the United States and the Regional Comprehensive Economic Partnership negotiations were constantly pressuring India to adopt this concept in their domestic legislation and to extend the period of exclusivity to which India had unfortunately agreed. Also, Article 39.3 only talks about protection of data against “unfair commercial use” and nowhere about data exclusivity and therefore, a country can adopt any measures for the protection of such data. So, the question becomes How the extension of the exclusivity period would have affected the country? and whether the existing domestic legislation is enough to meet the requirements under Article 39.3 of the TRIPs

“With guns you can kill terrorists, with education you can kill terrorism.” ― Malala Yousafzai Any country is a bounty of richness, brotherhood and culture before being destructed by any negative human act. Today, the images flashing on the surface is showing where has science and adventure landed man. Well, the year 1948 witnessed a clear evolution of new hope and human standards with a resolution brought by Universal Declaration of Human Rights, human rights being the prime concern of every state but over the past few years, the idea has been drifting, the International Bill of Human Rights with its purpose and rationale behind its art and craft comes out to be paradoxical. With human rights violations being a consequence of terrorism including other areas of conflict brought over power, religion, trade and commerce, the idea of cultural exchange, harmony, peace and all the basic ingredients acting as a baseline for the UN charter has become a shadow plain of utter ignorance. There is no denial to the fact that once in a blue moon a group of nations meet, discuss few agendas, sign a few documents however, later their own goals turn bleak. Global village, like our very own state, holds the duty to play a proactive role to protect the human rights of every individual. Also, the nations need to corner the idea of terrorism in one roof and leave religion aside to restore faith in humanity and human empowerment. If one can really understand terrorism then it is simply a bunch of humans bombarding humans for a totally remote motive. The paper focuses on the fact that how education, when thought the negative way can animate terror findings in human race and can lead to damage. Huge one! Despite certain instruments, countries have not yet countered the same except for India and US. We are still dealing with terror even in a democracy. It is only we who can regenerate, create and devastate at the same time

Cryptocurrencies are a new phenomenon as compared to fiat currencies which have thousands of years old history. Satoshi Nakamoto, a programmer or a group of programmers created the cryptocurrency bitcoin to escape the current trust-based system where we put our trust on central banks to manage economy. Instead a new system – where mathematics and cryptography take position of trust was envisaged. Bitcoin changed the world as more and more people started to get attracted by the idea of currency which is beyond manipulation by governments and financial institutions. But a currency which lies beyond regulation by central banks can also attract criminals who will use them for nefarious purposes. Bitcoin saw huge interest from criminals due to pseudo anonymity inherent in bitcoin. So, from the beginning cryptocurrencies saw growing interest by criminals and money launderers. This paper traces the origin of bitcoin and how criminal activities interreacted with cryptocurrencies from the beginning. The paper begins by giving the philosophy behind bitcoin and tracing starting of cryptocurrencies. The we discuss what are the causes which makes cryptocurrencies instantly attractive for criminals. We next trace the growth of silk road, an online underground market place and how cryptocurrencies contributed to its growth. We end up discussing future trends and whether banning cryptocurrencies can be an option .

India is a country where Women are worshipped as goddesses since ancient era as per the Hindu beliefs. People of all religions have different views regarding Marriage, Divorce, Maintenance and Adoptions. In earlier days, people used to follow the concept of “SATI” where alive woman was burnt along with their dead husband. But today India is also not unaware of the concepts of LGBTQ marriages, inter-cast marriages and even live-in relationships. Marriage is very important stage of any woman’s life and if she does not get a perfect match, she feels cheated in life. She cannot even express her feelings out because of the fear of Society. Divorce and marriage are subjected to personal laws in India and also every individual can freely practice, profess and propagate any religions under Article 25 of the Constitution of India. The person who doesn’t believe in any religions has Special Marriage Act, 1954. [1] Today if any of the spouses wants to separate out from marriage they need to take court permissions and if the genuine reason is observed by the Hon’ble court, then they are allowed. But for women it’s very hard to get divorce in this patriarchal society. Even if she thinks about divorce, she may be tortured in the matrimonial house and because of unawareness of the Domestic violence Act, she continues to get tormented. If she wants to divorce, remarry, adopt a child or live alone as an independent woman it’s her right to do so. This paper is regarding the status of married women in the country and the rights and remedies they have if they are in an unhappy marriage. The paper tries to deal with the newly involving concepts of live-in relationships and also the options of remarriages available to a woman after her Divorce

“In a democratic society, those who control the access to information have a responsibility to support the public interest…these gatekeepers must assume an obligation as trustee of a greater good.” - Shapiro With the drastic shift in the paradigm of technology all across the world, it is unfathomable that India could remain untouched by it. There is a considerable rise in the number of digital intermediaries such as search engines and social media platforms on the internet which is profoundly affecting our way of communication. With the large masses using these online platforms, they have a significant control of power in their hands which can be misused like in spreading terrorist propaganda or misinformation. In the wake of such huge control of power in their hands, accountability for the content that is posted on their respective platforms also becomes notable. At the same time our constitution also enshrines freedom of right to speech and expression. Guaranteeing liberty to intermediaries is vital for the thriving online intermediaries industry. The need of the hour is to balance both. Hence, the parliament has wisely incorporated provisions of Safe Harbor in The Information Technology Act, 2000. This research paper is an attempt to look deeply into the aspects of Safe Harbor Protection. Since the protection of Safe Harbor is available to intermediaries, therefore at the outset, an attempt has been made to analyse the definition of an intermediary as defined under Section 2(w) of The Information Technology Act. The paper analyses the legal provisions in detail, which extend the protection of Safe Harbor to intermediaries. The paper further attempts to analyse various case laws where time and again, the judiciary has reaffirmed the constitutionality of this provision and gave clarity where there was ambiguity found in the provision .

The whole world today stands witness to the ever increasing dominance of China. In view of the same, it has now become even more pertinent that alliances are formed so as to limit the threat it poses to world peace. One such alliance is the Quadrilateral Security Dialogue (QUAD). This piece briefly describes the roots of this alliance and its history with China. Next, it analyses how China’s relations with the four countries have evolved: from the time the alliance was dissolved to the present times when it is gaining strategic importance. Having seen the rationale behind this formation, the article seeks to perceive its future and its potential dynamics with China

One of the most effective ways of maintaining the health of a democracy in the long run is to ensure the participation of its people in the functioning of the political system. At any given time, with the legislative system helmed by an all- powerful political party, and the executive, influenced by the will of such party more often than is ignorable as an aberrance- it is information that enables citizens and civil society organizations to keep a check on the functioning of the powers that be, and information which serves as the plank of their challenges to questionable policy decisions and legislative provisions. Thus, information serves as an equalizer, levelling the playing field between the legislature and the executive on one side, and individuals on the other. Political funding has always been a contentious issue in democratic states, for political parties are highly reluctant in disclosing the amounts and sources of the contributions they receive- presumable because of the Pandora’s box of complications that might arise from such disclosures. Prior to certain changes introduced by the Electoral Bond Scheme, there existed adequately comprehensive disclosure norms, which kept a check on almost every stage in the process of making contributions to political parties, and the receipt of these contributions by the latter. The Scheme and related amendments, in contrast, reduce the rigour of the earlier system, and introduce a marked level of opacity in the political funding system. To bring back transparency in the system, essential for the citizens being informed about how political parties are utilizing the thousands of crores they obtain from unknown sources, it is necessary to incorporate changes such as mandatory reporting and audits of political funding and expenditure on a periodical basis, and the disclosure of these reports to the general public .

This paper investigates the integrity of powering ethical hacking and also if you’ll find issues that lie relating to this specific new area of job. Due to the fact ethical hacking has ever become a contentious topic within the last couple of decades, the inquiry continues to be of their authentic goals of hackers. Moral hacking-also called penetration tests or intrusion analyzing or crimson teaming is now a significant worry for governments and businesses. Organizations are concerned about the chance for staying “hacked,” and also possible prospects are involved in sustaining command of private information

Commercialization coupled with Globalization has changed the system as well as fashion of business transactions between the parties, where previously people were accustomed to dealing in domestic market that too with extreme caution, now they are eager and scrumptious to jump into the international markets, leading to large number of international business transactions. This in turn lead to rising number of disputes which may arise between people while carrying out trade, disputes like non-payment of price, escaping of excise duties, or dissatisfaction of contractual obligations due change in political policies or natural phenomena etcetera. Arbitration helps in resolving these disputes in relatively lesser time and cost as compared to litigation, though it has its own limitations. One such drawback of the Arbitration and Conciliation Act, 1996 has been discussed here in this article. The article aims to study the controversy between the ‘seat’ and the ‘venue’ of arbitration under the Arbitration and Conciliation Act, 1996 in a doctrinal manner with the aid of judicial interpretations on the subject .

A society, however, ‘developed’ or progressive it may seem has always endured and enabled layers of discrimination against marginalized communities. To understand the success and prosperity of a society one must always probe, analyze, and review the rights, standard of living, and laws governing those who have endured gross oppression and are considered vulnerable. One such section of the society which has suffered reprehensible, despicable discrimination is the LBGTQ community. Throughout the world, the community has been ostracized, victimized, and has been subject to heinous mental and physical torture. The author in this paper aims to put forth the laws governing LGBTQ rights which exist in the USA, UK, Canada, and India. The author has made a comparative analysis of existing conditions and the rights of this marginalized community in the above countries. The author has shed light on the history of these countries and the pre-existing conditions under which these countries formulated their laws, identified certain shortcomings in these laws, and has provided her suggestions. The article also aims to paint a picture of the current conditions of the LGBTQ community existing today and seeks to answer whether the so-called most modern civilization of man has managed to integrate this community into society and have upheld their basic rights. Are The USA, UK, Canada, and India who are epitomized as countries who value, preserve and protect human rights, setting the right example and paving the way for other developing countries to recognize, rehabilitate and empower the LGBTQ community? The author aims to answer this and more .

Dowry Process is just one of those contributing variables toward social issues that affect girls and women in India along with also other neighbouring states wherever dowry continues to be commonplace. It's mostly something special of any type awarded to bridegroom or his spouse and children throughout the union. It's likewise something which is profoundly rooted in civilization. But legally speaking, dowry is prohibited in India. It is still a more frequent practice in all regions in India. But family members with low income under the poverty point; dowry can be an immense issue. Dowry can set unusual fiscal stress on very low-income family members. Frequently, rather than being an actual present, but it's of the requirement out of bride groom's family members. Hence that the bride family should think of the monetary capital to fit with the condition in the bride groom's aspect, you can find reports of mom and dad attempting to sell their property or carrying out loans that are enormous contrary to their domiciles to marry their daughter off. The guidelines of the union, particularly, caste endogamy along with clan exogamy, and anuloma along with pratiloma, are screened and screened for keeping the dowry technique. These policies prohibit the selection of partner variety, as union occurs within the caste and out the clan. Additional, a lady should become married into some boy that belongs to some family group using a standing more than her loved ones. This clinic of union alliance is popularly called hypergamy or anuloma. If a lady is married into a boy who's loved ones standing is lesser than the woman, it is called hypogamy or pratiloma. So, anuloma has limited alternative and also designed an urge to provide a lady using union to some family.

The deep-rooted social stratification in India vitiates the efforts made towards development of our society. In 1891, from being accepted as a ‘standard classification of castes’ in the census to the recent Prathvi Raj Chauhan v UOI judgment of 2020, gross inequalities against ‘Dalits’ have been addressed by both the Legislature and Judiciary. For decades, they have being treated less than a human being who ‘polluted higher caste people with their mere presence’. However, be it Arya Samaj or our present samaj, the meaning of ‘Dalits’ remain the same: the Oppressed, Crushed and Broken. While the world speaks of flourishing human rights, ‘Dalits’ are still stripped of their basic human rights on a daily basis. Although this discrimination has been universally acknowledged and addressed, the international instruments and national legislative tools would mean nothing if the execution is not accurate. The National Crime Records Bureau data draws a painful picture of the rampant, extreme and blatant abuse meted out to them. The insensitivity towards the plight of a section of our community that comprises of over 200 million people is an absolute insult to the Constitution of the largest democracy in the world. The author attempts to navigate through the origin and development of ‘Dalits’ in India alongside the Legislative and Constitutional provisions in place to fuel a solution to this conundrum. Additionally, the author would also attempt to throw some light over the present scenario of ‘Dalits’ bearing in mind the national crime records

On 4th March, 2020, the Supreme Court of India in a significant judgement Struck down a Reserve Bank of India (RBI) circular that had effectively banned the trading of virtual currency and assets in India. This decision by the apex court gives India the potential to be a future hub for crypto-assets and cryptocurrency, an industry which boasted a market capitalization of U.S. $ 327.1 billion in 2019 in the United States alone. However, despite the aforementioned judgement, dealing in crypto-assets remains quite risky due to the absence of a regulatory body to monitor the transactions and the fact that the industry is not viewed favorably by the Indian government. Still the industry is growing at a high rate domestically, with the sum total of daily transactions ranging in millions of dollars. It has become an instrument which can no longer be ignored and it is important to study it as a revolutionary financial technology, especially by analyzing how other nations and international markets have proceeded to tackle it.

The term legislation acknowledges to the process toward making or ordering and canceling a positive law in composed frame by a branch of government constituted to play out this procedure, which is the legislature. The authoritative organ of each nation has the ability to make laws on each issue concerning the lives of its nationals and the administration subject to the confinements forced by the constitution. In England, where the doctrine of parliamentary sway is propounded, parliament as an issue of guideline can institute or repeal enactment as it sees fit. Regardless of whether there is a reasonable constraint or not, the governing body is responsible for making laws as essential enactment. Whatever other legislation that is subordinate or auxiliary to essential enactment is known as assigned (or now and again auxiliary) legislation. To put it plainly, appointed legislation implies the activity of administrative power by an organization that is subordinate to the legislation. This subordinate body gets the power from the act of the lawmaking body. Power is exchanged from the central official to the lower body, which might be the cabinet, bureau, council of ministers, or a particular administrative agency, by the component of delegation. For the most part, delegation alludes to the demonstration of entrusting another authority or enabling another to go about as an operator or delegate. By a similar viewpoint, appointment of administrative authority implies the exchange of law-making authority by the legislature to the official, or to an administrative office. In accordance with the power granted to them by the legislature, administrative organizations can issue rules, controls and mandates, which have a legitimately restricting effects The researcher through this paper intends to follow the historical backdrop of the delegated legislation and its legal effects by dissecting pertinent case laws. The researcher should make an endeavor to discover the critical analysis and status of this hypothesis, as it exists today, in India.

The importance of Privacy and Legal Rights of people with Mental Illness is manifest. This topic has long been overlooked, hampered in part by lack of proper research and limited existing literature, especially in relation to India. One in seven people in India (roughly 14% of the population) are affected by mental disorders of varying severity and almost 10% of the population require intensive institutionalized care. The World Health Organization estimates that India will brook an economic loss of 1.03 trillion 2010 US Dollars, between 2012-30, due to mental health conditions. Added to this, lack of awareness about their legal rights among patients is widespread. In India, this is one of the factors due to which there have been very few cases where an accused was able to successfully claim insanity defence, another factor for the same is that the criminal lability of a mentally ill person depends more on discretion of judges and less on medical reports, which allows the creation of a loophole that puts mentally ill people at disadvantage. Regarding privacy rights, patients in mental health institutions have next to none. This paper divides right to privacy into two parts, namely: ‘confidentiality’ and ‘privacy of the institutionalized’, while the first aspect is taken care of in the Indian legislatures, the second aspect is almost entirely overlooked. In this paper we aim to discuss and analyse, privacy and legal rights of the patients, recent legislative developments in the area and put forth certain criticism and solutions for the same.

Racism is a stereotype that will take a longer time to vanish from the society. This article deals with the current issue of racism in the world. In addition to the current scenario we have also discussed about the history of racism, other related terms and some of the notable incidents that took place due to this cruel custom. Racism has a relation with Ethnicity, Casteism and Classism which is explained in a detailed manner in the article itself. Moving further the article talks about the incidents that took place regarding racism in South Africa and on Indians by British government, we have faced lot atrocities during the British rule. This article also puts light on the practice of new age racism; we have discussed the matter of cruelty faced by the Asians in the United States, United Kingdom and India as well. After the outbreak of a global pandemic COVID-19 the idea of new age racism emerged in a barbarous manner and attacks on Chinese other Asians were prominent now. In India the North-Eastern people have been facing this from the longer time. They are not even considered as our own. Later we have given a few suggestions to curb this problem and make world a better and a peaceful place to live.

Marital rape is not a criminal offence in India. Since 70 years of the enactment of the best constitution of the world (.i.e. The Constitution of India), the women in India are deprived of their fundamental rights. The exception 2 of section 375 of the Indian Penal Code, 1860 immunes a husband from the liability and punishment of rape, when he commits sexual intercourse with his wife ‘against her will’ or ‘without her free consent.’ The Constitution of India enshrines ‘Right to equality’, ‘Right to dignity’, ‘Right to life and personal liberty.’ The Hon’ble Supreme Court has declared the Right to ‘autonomy, privacy and choice over sexual intimacies’ as an integral part of Right to life and personal liberty. The exception 2 of section 375 conveys dishonor to the rights enshrined under the Constitution of India. The ultimate aim of the study is to prove that the exception 2 of section 375 of IPC violates Article 14, 15 and 21 of the Constitution. Moreover, this study advocates for the criminalization of marital rape .

This short note sheds light on the various factors which essentially act as prerequisites for a trademark to obtain a ‘well-known’ mark status in India. It traces the incongruence between the legislative provisions pertaining to well-known marks in the Trademarks Act, 1999 and its judicial application in the wake of evolving mutations of corporate structures and media in recent times. It explores the judicial treatment of evidence led by claimants of trademark and examines what exactly constitutes ‘well-known’ by analysing relevant case laws

Internally Displaced Persons are undoubtedly, the most vulnerable section of the Society. They are often mistaken to be refugees due to the lack of a definite and binding legislation work that outlines their rights. Therefore, the states must ensure that special measures are taken to protect the rights of the displaced persons. This study aims to differentiate between refugees and the internally displaced persons. Also, the study seeks to shed some light on the conditions and vulnerabilities of the internally displaced persons in India. Further, the paper tries to analyze the rights guaranteed to the internally displaced persons vide the Constitution of India as well the role of Judiciary in protecting those rights. Also, the paper talks about the plight of internally displaced persons during the times of COVID-19. The paper concludes by giving a few recommendations that can be adopted by the government for providing assistance to the internally displaced persons

Prostitution is the second oldest occupation after agriculture and has its roots in India since ages. Its existence is evident in the historical texts. The question that remains unanswered is whether the sex workers have any human rights at all or whether they are merely seen as a sexual object. India is a signatory to a number of international covenants on human rights along with rights of women and also the Constitution of India protects the right of individuals against discrimination, nonetheless it has failed to adequately protect the human rights of sex workers. This paper seeks to unravel some concealed facts about the human rights of sex workers in India and whether the Indian legal system acknowledges the rights of the sex workers. It also aims to uncover the prevailing condition of them in our Indian society. The research paper is concluded with noteworthy findings and recommendations that may assist to re-establish the fundamental human right of the sex workers in India. “We want laws to be refocused on making sex worker’s lives safer and improving the relationship they have with the police while addressing the very real issue of exploitation. We want governments to make sure no one is coerced to sell sex, or is unable to leave sex work if they choose to.” -Tawanda Mutasah, Senior Director for Law and Policy (Amnesty International Secretariat.)

The indigenous tribes of India called the Adivasis and a clarion call for their rights and privileges have been echoing for a long time within the country. Land as a social justice concern for the Adivasis has a long historical precedent in rebellions and struggles across India. A claim for land rights is a demand for both unique identity and the material redistribution of resources. Strong laws that guarantee land rights to the Adivasis seem to exist on paper but in reality they have been implemented half-heartedly and even then with much variation between states and even across territories in states. This paper examines the historical background of the Adivasis, their constitutional rights and analyses the legislation that confers land rights to them. Further the paper elucidates on the shortcomings of the legislation and ends with conclusion and suggestions.

The concept of vicarious liability mainly focus on the master- servant relationship and it says that the act done by servant on behalf of master or principal which harms the other person, shift the liability from servant to master. In this article the author has explained the vicarious liability of state when any wrong has been committed by its servant, but here the concept differ as State is not always vicariously liable for all wrongs done by its servant as there is difference between sovereign and non sovereign function, so in this article the author emphasis vicarious liability on the bases of sovereign and non sovereign functions of the state. Moreover, the author also dealt with the concept of states liability given under Constitution and how other legislation exempt state from its liability.

Violence in the form of marital rape is the worst kind of torture that a woman goes through during her lifetime. Even after 160 years since the genesis of the Indian Penal Code, there has been absolutely no recognition of sexual offences prevailing under the garb of marriage. In India, husbands consider their wives as their property and in the pretext of marriage overlook the concept of sexual autonomy. Over the past decades, it has become a pressing need to criminalize the offence of marital rape and make women of every Indian household realize the gravity of succumbing to their husbands and resigning to their fate to protect the institution of marriage. Every woman deserves equal protection under the law and has the right to life and personal liberty as laid down under Article 14 & 21 of the Indian Constitution. Therefore, the government should come out of the shackles of patriarchy and should take due cognizance of the voice of the citizenry. In light of this, this article enumerates the need to criminalize marital rape by carefully analyzing the approach of the judiciary and the reasons for the delay in recognizing it as an offence. In the 21st century, it has become essential for the government to make strict laws to empower women after marriage and uphold the principles of freedom and equality

Female genital mutilation is a terminology used to describe a wide variety of cultural and traditional practices that involves partial or overall elimination of outside female genital for cultural, spiritual and social motives. This cultural exercise is a violation of rights of females as a gender. This article presses over the socio-legal standpoint on Female Genital Mutilation and argues against the practice of FGM/C. Therefore this research paper is divides itself into 3 parts. The first part shall discuss about the basic concept of FGM/C, the history, background and origin of FGM. The second division of the paper shall discuss about the rationale behind the practice and dynamics of the bohra community, further the idea that FGM/C is not a communal issue rather a human rights issue, shall be discussed. Further the socio legal aspect shall be put to a standpoint, throwing light on the law prevailing domestically and globally. The third element i.e. the third part of the research paper, will analyses the human rights of teenage girls and women also covering the ambit of the right health, the right equality and sexual and physical integrity. Finally, the paper will give up via the concluding remarks of the writer

The sentencing policy of a country reflects the morale, rationale and the judgement present in the country. It helps to establish a certain degree of punishment and hence the law of a particular society, in order to reduce the existence of a crime through reprimanding, rehabilitation or any other lawful or justified procedure. However, through centuries the idea of reprimanding and sentencing policy has been evolving and developing. This continuous development has led to a disparity in this sentencing policy. A disparity particularly exists depending upon the discretion of the judges, i.e. their decisions and judgements. This leads to an inconsistency in the system and a continuous routine of disparity in what can be considered the ideal and just ‘punishment’ for a particular offence. The aim of this research paper is to delve into the existent disparities of the Indian justice system and hence derive the possible remedies of this looming issue which has been plaguing the Indian justice system since ages.

Trademarks are the words, images, expressions, logos or mottos which recognizes and recognize one business from other. Trademarks encroachment can be generally seen nowadays, so as to pick up benefit from the altruism from a current brand name. One such method of brand name encroachment is cybersquatting. Cybersquatting is alluded as the way toward enlisting, selling or utilizing an area name with the goal of benefitting from generosity of another person's current brand name. It alludes to the act of purchasing up area names, which incorporates the names of existing business, with a mal purpose to offer them at a benefit to those legitimate proprietors or to claim to be a genuine site of the brand to confound or bamboozle the clients and possible clients. Indian law doesn't have a particular resolution systematized to manage the instances of cybersquatting however there are relating laws and global structure in such manner yet they miss the mark to manage the regularly expanding hazard of cybersquatting. The paper intends to clarify the current lawful situation of the nation, related Indian laws and universal systems relevant to the equivalent, how legal executive has managed these cases without a particular law overseeing it, investigating the structure of different wards. The exploration technique is doctrinal and have utilized optional wellsprings of data to come to end results

The novel coronavirus has impacted our normal lives immensely that change is the need of the hour. People have been adapting to changes in this Covidian era and it shows that certain necessities have enabled our search towards possibility and dynamicity. The pandemic has brought forth a situation that entails digitalization a much needed key in the legal sector to carry on the activities. This has created an increasing demand for Artificial Intelligence (AI) enabled technologies across the globe. This blend of technology with the legal system will have an astonishing effect on the legal fraternity. In India, the dynamicity brought in by digitalization and AI tech driven revolution can be the game player in leveling up the legal arena. This article attempts to deal with two main changes the pandemic has compelled to bring in namely digitalization and AI technologies in the legal system. Further, it tries to evaluate the impact Artificial Intelligence (AI) can bring in and also throws some light on the international scenario regarding usage of AI and digitalization. The article also analyses the restraints that exist in implementing these changes in the Indian legal sector and finally concludes by answering the conventional question of whether these changes will ultimately replace a lawyer’s role and job in the upcoming years.

All thoughtful men agree that it would be impossible to govern any country wisely without a good judiciary; and accordingly every enlightened nation has established courts, conferring on them such powers and imposing on them such duties as seem best calculated to promote the public welfare. Indeed, the importance of the judiciary is now so thoroughly recognized that in every land where liberty is cherished and the law respected, the people are engaged in a constant struggle to improve their system; and in that struggle the judges have everywhere borne the most useful part. With that thought in my mind, the researcher would now like to introduce the topic. Given the complex nature of comparative study in the field of judicial systems, the researcher has tried meticulously to analyse the topic based on five yardsticks, namely- the constitution and composition of courts, principle of natural justice, concept of judicial review and how it is enforced, separation of powers and finally the challenges that lay ahead of both the judicial systems.

The Indo-China Border dispute has gained significant attention in the recent past with the Galwan Valley clashes between the two countries. The boundary disputes between the India and China have existed for over 70 years now and there has been no resolution till date. The author through this article aims to give a detailed background into the border disputes between India and China and the reasons for such disputes. The author also discusses the jurisprudence of territorial disputes and the types of territorial claims. The author, then studies the jurisdiction of the International Court of Justice and the various boundary disputes adjudicated upon by the International Court of Justice. With this background, the author aims to analyse if there is a recourse in International Law to the border disputes between the two superpowers.

Jeremy Bentham propounded the principle of Utilitarianism. Bentham’s utilitarianism is a theory, which believes in highest principle of morality whether personal or political morality is to maximize the general welfare i.e. the collective happiness of the majority of people. It talks about overall balance of pleasure over pain. Jeremy Bentham’s utilitarianism was devised for the welfare of people, but people started posing objection towards Bentham. John Stuart Mill, Jeremy Bentham’s disciple eventually in 1861 wrote the book Utilitarianism in order to deal with these objections. This research paper aims to find out how was utilitarianism planning to hold the society with its principles. And can the concept of utilitarianism be used today in the 21st century judgments to deliver justice? This paper will also try to dig into the objections raised towards utilitarianism and how John Stuart Mill answered all these objections. The research methodology used in the paper will be doctrinal in nature, with the use of case laws, legal books, articles and legal databases

The author has attempted to portray the realities of the refugee machinery in India. The system established to cater to the needs of the refugees is plagued by various troubles which has been highlighted in the article. Emphasis is placed on the legislative intent on enforcement and application of the respective provisions and the reasons as to why it is frustrated. The flaws and drawbacks of the system and its adverse effects are underlined. The author calls for cohesive action plan to overcome these obstacles.

This author of this article first goes about to briefly define what exactly the term Rule of Law implies, and then moves onto the major issues that it presents. Post this, the author points out the common errors or limitations in the implication of the doctrine. Further, the author goes on to enumerate the aspects it affects the most, specifically covering the application of the doctrine in a welfare state such as that of India. The article concludes with the evolution of its application by tracing its growth from the colonial period till date.

Syria, a region plagued by an armed conflict, has over the last decade witnessed a rise in the number of human rights violations, dreadful use of chemical weapons, dominance of ISIS, hordes of migrants, and a desolation of refugees. To add on to the prevailing condition, the scourge of a pandemic has now made its way into this helpless state. After the Second World War, the United Nations emerged as the guardian angel which attempts to mitigate global crisis and propagate principles of peace and prosperity. The situation of Syria, is unfortunately taking a regressive step in mankind's progress towards peace and prosperity. The United Nations has constantly strived to resolve the situation in the region. The authors in this paper aim to understand the complexities of the migration crisis and its relation with the current international socio-economic and political scenario. The authors also aim to throw light on the role of the UN in improving the plight of the region and identify what more can be done for our brethren species in the light of the Pandemic.

The Earth is what we all have in common. Harmony cannot be realized if there is no respect for human beings and our mother Earth. In the modern era, every nation is competing to become the super power. The understanding of development is mostly economic, and measured in capitalist terms. However, the happiness index, quality of living, and the flora, fauna of the region is an equally important aspect of development today. This is where environment and development go hand in hand. A healthy environment becomes an indicator of healthy progress. Environmental Impact Assessment or EIA is the process or study which predicts the effect of a proposed industrial/infrastructural project on the environment. It prevents the proposed activity/project from being approved without proper oversight or taking adverse consequences into account. EIA has evolved from just studying the impacts on natural environment to integrate social and medical impacts as well. Diversity is strength, not a weakness. The Indian expedition with Environmental Impact Assessment began with enactment of first full legislative mandatory requirements for EIA contained in The Environmental Impact Assessment Notification, 1994. The MoEF (Ministry of Environment and Forest) notified new EIA legislation in September 2006 which superseded the previous notification to cover its lacunas. However, unlike the EIA Notification of 1994, the new legislation put the onus of clearing projects on the state government depending on the size/capacity of the project. The draft notification of 2020 is the outcome of the Central Government’s power to make the Environment Clearance process more transparent with dilution of the process to adapt the dynamic environment

Contemporary American philosopher Judith Jarvis Thomson suggested this rule of thumb: Discrimination that favors a historically underprivileged class is more likely to be acceptable than discrimination that favors a historically privileged class. The reasoning is that those who have historically been denied privilege could use the advantage even if those disadvantages are not currently being imposed on them, a little special treatment is okay. However is it really okay? There is history behind the oppression. Agreed. Still that doesn’t make the discrimination against majority any less wrong. Affirmative action is more like a temporary compensation for the past injustice rather than promoting common good. Nevertheless what happened in the past has no bearing on what happens today. Many specific factors which have caused discrimination against minorities are the same factors which are now causing discrimination against both minorities and non-minorities. Minorities perceive this as continued discrimination while Majorities view it as reverse discrimination. The fact is that there are some forms of discrimination that are more accepted, more prevailing than others but irrespective of whether or not these forms of discrimination will cause oppression of a certain group, its still wrong. Its equally wrong. It is simply discrimination. We are not going to justify what is right and what is wrong rather we will give an insight on reverse discrimination, that might give an helping hand to people to form their own trail of thought regarding reverse discrimination. This research paper explores the existence of reverse discrimination with a special reference to countries like United States of America and India

Reservation has always been a disputable topic with divided opinions among the people. It is often seen as a hindrance to the merit system. On the other hand, it is a reflection of Social Justice enshrined in the Preamble of the Constitution. Reservation is the cure for discrimination, which has haunted our society for years and such cruel practices of caste-based discrimination could be seen in some places even till date. Most of the citizens, particularly students, are not aware of the reason for the existence of reservation in the constitution and they often see it as a tool used by political parties to gain votes. This wrong notion in young minds has to be changed and the ideology behind this concept should be deeply understood, so as to ensure future governance is in good hands and social justice is served. In this article, the authors have dealt widely about the reservation in medical seats in the All India Quota category with its historical background. Medicine is considered to be the leading profession chosen by students as their career in India. With the development of NEET and centralising the entrance exam, let us also view how seats are being allotted. This manuscript is aimed at removing the confusions behind providing reservations and addressing the current issue of 27% OBC reservation. A proper and in-depth understanding of reservation is the need of the hour to carry forward the constitutional values as the makers have envisioned .

This article aims to shed a light on the menace of Defections which has been a major peril for our Democracy since ‘Regionalism’ was introduced into Politics, till the year of 1985 when the 52nd Amendment to the Constitution inducted the X Schedule in our Mother Document. But has it actually posed a challenge to the conspirators or the so called Chanakya’s threatening the true essence of Democracy that is People choosing their representatives, not brokers luring others to cater their vested interests. The article primarily focuses on how Defections have been used as a tool to destabilize and sabotage governments and lays out recommendations to strengthen the Statute .

A child is born innocent and is dependent to its family and the society. A child needs attention, care and treatment for its proper growth and development. If there is lack of care and attention, neglect of basic needs and existence of noxious surroundings, then it may cause and induce different types of abuses as well as insecurities to children. These types of insecurities will severely affect the children and their by lead to mental health issues to them. Both internal as well as external issues will affect them through mental stress, lack of confidence, feeling insecure etc. when a child has been sexually affected, the stakeholders and parents, with in the external as well as internal environmental will starts behaving in an indifferent manner that may induce a feeling in the mind of the child that, I have been affected with something and I am not the same person as before. This can be cured by proper restoration of affected children into society, by proper participation of all the stake holders. But it has to be ensured that, the stake holders are contributing for the proper reintegration and restoration of child victims of sexual abuse .

The Police are entrusted with the fundamental duty of safeguarding the lives and property of mankind, protecting the oppressed and respecting the law of the land to guarantee equality, liberty and justice. [1] However, the police system has a tainted image for abusing the discretionary powers conferred upon them. There is much hue and cry regarding the “Black-Lives-Matter” movement in the West, yet the prevailing police atrocities are overlooked in India. There are not only one or two isolated anomalous incidences of police brutality but has now become a growing pattern in India. It is a flagrant violation of the right to life and personal liberties of persons [2] in police custody that go unnoticed due to the abuse of the unbridled powers conferred on the police. In recent times there have been growing concerns, nationally and internationally, to secure human rights of every human being including those in police custody. The police endowed with public duty to enforce the law and protect the people; hence, such power vested must be coupled with public accountability. Instead, the police are abusing these powers to oppress, intimidate, and torture [3] the weak [4] . In fact, these increasing instances of unjustified police atrocities have instilled fear in the minds of the public and evoke feelings of distrust towards the law enforcing agencies and the criminal justice system. This paper aims to emphasize the magnitude of the disturbing scenario of police brutality in India and the increasing trend of lawlessness in law enforcement agencies. These paper further analyses the reasons behind the trend of police brutality and the failure in the legal framework, as well as probe into how and why the police are manifested as an apparatus to suppress dissent together with the oppressed classes of the society . [1] John J. Broderick, Police in a Time of Change89 (2 nd Ed. 1987) (1977). [2] Universal Declaration of Human Rights, art. 3. [3] United Nations Convention against Torture (UNCAT), art.1. [4] Md. Mohibul Haque, Police Atrocities in India 10 The Third Concept 33 (March 1996).

The toothless Prevention of Cruelty to Animals Act in India proves to be insufficient to deal with matters relating to protection of uncontrolled breeding in India. Since animals fall in the State list under Schedule VIII, there is no uniform statue which checks for uncontrolled breeding, especially bovine animals. This has raised concerns over the exploitation of animal rights and the ethical and moral issues related with it. There are four reasons for which animals are bred [1] : as sources of usable products or services; for medical purposes; for aesthetics and as pets. In many instances, the breeding of animals is controlled or influenced by legislation, but in the absence of such a legislation in India, there is unrestricted breeding of animals which hampers not only the life of the animal but also impacts the other players in the ecosystem, especially humans. Although the use of biotechnology has considerably improved the health of animals, the use of selective breeding has a downside. Animals may develop physical problems, they might not be able to walk because of their weight [2] . Their family life is disrupted; denies them of social interaction and good nutrition; diseases run rampant [3] and much more harm is inflicted upon them [4] . A major challenge which lies before us, is the fact that such practice is often unchecked. In such a scenario, it is important to re-conceptualize the rights of the animals. This paper is an attempt to address the gap of the legislation around uncontrolled breeding in India; the need for amendment in the Prevention of Cruelty to Animals Act ; assessing the international conventions like Convention on Biological Diversity and critically analyzing the role of the international players with regard to protection of animals. It will also analyze the SC judgements and the role of the NGT in protecting the animals . [1] A.P.F Flint & J.A Woolliams, Precision animal breeding , 363 Philos Trans R Soc Lond B Biol Sci 573–590 (2008). [2] Selective breeding - Natural selection and selective breeding - GCSE Biology (Single Science) Revision - BBC Bitesize, , https://www.bbc.co.uk/bitesize/guides/z6trd2p/revision/3 (last visited Jun 7, 2020). [3] Grant Lingel, Poultry Farming: The Shocking Reality of Factory Farm Birds (2018), https://sentientmedia.org/poultry-farming/ (last visited Jun 7, 2020). [4] Id

The right to health is the essential and utmost importance of fundamental rights. The right to health is interdependent on right to life and right to dignity. World Health Organization had introduced the concept of right to health in 1946, the idea of the right to enjoy to highest attainable standard of physical and mental health. We as the human being, we care and concern most about our life and our loved and dear ones which day-to-day matter. The research paper to understand what is right of health in terms law, management and humanities. Today’s time the virus has given an alarm to the individuals and organisation towards to right to health. The question raised when the people faced difficult during the pandemic, when crisis broke down at health care system. There is need to change to concept that the government and the private organization cannot come together. The need to work hand-in-hand these both entities are the need to provide and protect the right to health and health care access. This right was undervalued and unknown until the pandemic crisis raised. The key factors such as political, social and economic will be stable factor if and only if right to health is implemented. The person will be productive only if free from the tension of health and mental diseases. A productive person is the key factor for the economic growth and survival. The right of health is not limited to the citizen but also other stakeholders to the healthcare industry. The research method of this paper is secondary data. The secondary data is primarily the reports and submission made by international organizations and case laws in India. The research paper aims to explaining what the right to health is and illustrating its implications for specific individuals and groups, and then elaborates upon States' obligations with respect to the right. It ends with an overview of national, regional and international accountability and monitoring mechanisms. To conclude the paper aims to understand the history, the future, the scope, the interpretation and the limitation of the right to health under the perspective of the International Law and Constitution of India

This paper talks about the video gaming industry and the urgent need for unionization in the industry. It explains the reasons and extent of the growth of the video gaming industry in the last few years. Chapter I of the paper talks about the Micro Transaction Model that is used to earn revenue by the videogame developers. Chapter II talks about the problem of ‘Crunch’ caused due to the micro-transaction model and how it impacts the life of video game developers and designers in the absence of labour law regulations. Chapter III talks about the role and condition of women in the video gaming industry, identifying the problems faced by them and the reasons for the same. Chapter IV explains how unionization will help solve most of the problems discussed in the previous chapters, and throws light on the contemporary situation with regards to movements and organizations pushing for unionization. The last part of the paper sums up the issues discussed in the paper and gives analyses of the future of the video gaming industry with regards to the COVID-19 pandemic.

This paper talks about how unique perspectives have arisen over time with respect to law in our society. Aristotle’s view on Rule of Law is being discussed where people are taken the constant with congruency of laws revolving around them, rather than laws being constant with people satisfaction and adaptability to the same surrounding around the law. On the other hand, a concept closely related to Rule of Law is the practice of sanction in our society, which is studied in this paper. Although, it’s the Austinian concept when it comes to sanction or punishments, Nietzsche takes a unique position when it comes to the same. Through the thinker’s viewpoint, the researchers aim to dwell on the premise of punishments existing in the society. It brings the innate nature of human beings being connected to the theories and justifications of punishments being meted against the crimes that take place in the society. This brings us closer to the aspect that Rule of Law which is closely related to practice of law in a justified and fair manner in the society, the inert essence of punishment is contrary to the very nature of the same. Researchers aim to study both separately in order to bring analysis of the viewpoints in focus. Recognition of these aspects is the just and correct manner in which such discourse can be effectively started. With the aim of initiation of something grander in the scheme of literature and academic writing, this paper brings about closely knit aspects to law from different perspectives. The genius of the past would also foreshadow the consequence and results of the present system in place.

The law on cross border demergers is quite certain keeping in view the recent order of NCLT Ahmedabad in the matter of Sun Pharmaceuticals Ltd. wherein it rejected the application of the petitioner demerged company to demerge into two foreign subsidiaries. The legislature is silent in the law of cross border demergers. Although, demergers have been happening all the time, the courts have opted for two different approached while dealing with inbound and outbound cross border demergers. Law is ever progressive and must be construed in a sense so as to grow with development and growth of society. There has been consistencies in the order of courts not only while approaching different matter but also internal consistencies while dealing with the same matter. There is an urgent and immediate need to have a uniform and objective approach while dealing with cross border demergers and as such a lack of legislative enactment works as an impediment to getting to the solution. A clear and confusion free enactment in this regard would be highly commendable and much appreciated, which in turn would help in dealing with the inconsistencies and leave little or no room for judicial discretion in allowing or disallowing a cross border arrangement in the nature of demerger .

In this article author tries to explain how live in relationship is impacting on the social institution called marriage. Author further tries to explain the existing and the future of live in relationship and analysis the concept of marriage in Indian society. The article also explains the maintenance and the inheritance rights of a person who is in live in relationship. The main objective of this paper is to bring out the negative impact of live in relationship in the Indian culture where marriage is considered to be the sacrament.

In modern day complex world, the concept of the “pious state of governance”, Propounded by Plato and promulgated by Gandhi is of significance as in both the doctrines the emphasis is on public good attached with self-austerity. It’s a state where no decision is taken that troubles even a single person, where every voice is heard and where justice is instantaneous and available to even the deprived, the weakest and the marginalized. It’s a state where even the subjects are virtuous, nobody speaks any untruth, an absolute ideal society. Thus, though both these philosophies are more utopian and the philosophers had different other ideas which are not accepted by many; in their philosophies one can observe, their Humanitarian approach and longing for justice to one and all. Though their doctrines may not be accepted in toto in today’s complex world, referring to these viewpoints may give us some insight into viewing the modern-day socio-economic and political problems from a new dimension of Humanism based on virtues and ethics. At the moment, when the whole world is perplexed with the uncertainties and intricacies of modern world order, referring to philosophies like these may give us some insight into the ways and means to establish a stable world order. If not properly understood these doctrines should not be at least misunderstood and used to mislead the masses through perplex and fallacious interpretations.

Courts have settled on requisite mechanisms under copyright infringements in the current digital marketing scenario for securing the rights of the original makers in accordance with the public policy. Even after such well-established and stringent frameworks, trivial matters keep occurring in the court of law. The Division Bench in Super Cassettes Industries Pvt. Ltd. and Ors. Vs. Trimurti Films Pvt. Ltd. and Ors. upheld the judgment given by the Single Bench of Bombay High Court to restrain the appellant to release the film “Badshaaho” due to its infringing song “Keh Doon Tumhe”. The appellants had procured the right to use the sound recording from the respondent. The appellant was of the belief that when the sound recording rights are obtained, the arrangement in that regard would subsume the original literary, dramatic, musical and artistic work. The court observed that the appellants had only the sound recording rights as per the agreement and not literary and musical rights. This case is important as it re-iterated that sound recording, literary and musical works are different works entitled to separate copyright protection, selling the rights in sound recording do not include rights in literary or musical works

Marriages under Hindu law are still considered to be a sacramental union between two identities. They are thus, performed in accordance to various traditions and ‘essential’ ceremonies. Due to diverse customs present in Hinduism, every community has its own way of concluding a valid marriage by conducting its own ‘essential’ ceremonies. But the question which arises is what are these essential ceremonies and who labels them as being ‘essential’. Amidst this uncertainty, judiciary often takes this task onto itself and determines the validity of marriage or often times the fate of the women. Shaped by the patriarchal notions of the society and gender biased provisions of the law, judiciary, by laying down its own whimsical and ever changing standards raises the level of ambiguity in the already existing chaotic situation. The paper analyses the effects of such lax attitude which can range from bigamy to even concubinage and in the end analyses that how a woman’s status gets tampered even further due to lack of certainty and manipulative approach of men who in turn negate the entire marriage by claiming non performance of essential ceremonies. In the end, the paper lays down certain suggestions in this regard, which if implemented will be a good start in making a move from the current gender blind to a gender neutral approach.

“The Indian judiciary has laid down various legal frameworks, which narrow the front through which Indian courts can interfere in arbitral practices an arbitration regime that is afflicted with numerous issues consisting of those of high costs and delays. To complement that, the Government has also been cognizant of the critical requirement to limit judicial scrutiny, both during the pendency of an arbitration, and after an award is made. To address these challenges, the Law Commission came up with its 246th Report on proposed amendments to the Arbitration and Conciliation Act, 1996 and the Government passed The Arbitration and Conciliation Act, 2015, which is most certainly a welcome change and has been addressed for giving the so much required impulse to the development of the Indian arbitration rule.” “This subject came originally from uncertainty over the powers of courts to issue interim methods in Sec. 9 of the Indian Arbitration and Conciliation Act 1996 or say, broadly the applicability of Part I of the Act to International Commercial Arbitration. This raises the question as to what powers were available if the arbitration takes place outside India. For example, if arbitration takes place in Hong Kong but the relevant assets are in India, can Indian courts prevent the dissipation of the assets before the award?

The twenty first century, would be marked with the infusion of a renewed interest and vigour in the field of law and order. Particularly in the Indian context, the growth and development of the society has reflected in the growth and development with regards to the social order and awareness about the various statutes. The ambivalent character of ‘Cannabis’ being indispensable for relief of pain and other therapeutic use but addictive and destructive when misused or abused led the community of nations to evolve a global control mechanism intended to limit the availability of cannabis and other natural drugs to medical and scientific needs. Through this paper I aim to achieve and establish the ethical aspects regarding legalization of cannabis in India, by drawing sharp contrasts with its historical use and then arriving at a desired conclusion.

Probation of Offenders Act, 1958 aspires to facilitate freeing of the offenders in all the expedient cases where a felon is not found guilty of an felony not punishable with death or imprisonment for life after due forewarning. This act gives a chance to the felon who is set free to make himself capable of living in the society without causing harm to the society and the members of the society. Probation allows the defaulter to maintain acquaintance with family and social associations. This act allows the person to be more self- controlled in his existence and helps him to stay away from misdemeanour atmosphere. The main drawback of this act is that there are circumstances in which the felon will be imprisoned which will give rise to overcrowding of prisons.

In a country like India where population is above 1.3 Billion government provides employment to a huge chunk of people on a contractual basis so that most of the people in the nation are employed and are able to earn some money in order to fulfil their needs and desires. But, a significant amount of corporate organization be it public/private undertaking have been facing a problem of hike in the number of claims for their workmen who were hired on a contractual basis, in order to regularise their contract and give them all the employment benefits that the corporate organization gives to their regular employees such as bonus, pension, provident fund, insurance benefits and etc.

Uniform civil code (UCC) is defined under the article - 44 of Directive principles of state policy in the Indian constitution. The Uniform Civil Code in India is to replace the personal laws based on the customs and scriptures of each religious community. It provides equal status of all citizens. A secular democratic republic should have a common civil law and personal laws for its citizens irrespective of their religion, caste, gender. Mostly personal laws of all religions are discriminatory towards women and there should be an upper preferential status for men in matters of succession and inheritance. Uniform Civil Code will bring men and women at par. Uniform Civil Code is to accommodate the aspirations of the young population. Their aspirations are shaped by the principles of equality, humanity, modernity. Their view on the basic of any religion has to be given a serious consideration. Before and now- a- day we have been faced and facing a many problems related to religions. All the citizens are equal before the law and with the implementation of Uniform Civil Code all the citizens will share the same set of personal laws.

When a bride leaves the parental home for the matrimonial home, leaving behind sweet memories with a hope that she will be in a new world full of love in her groom's house. But the alarming rise in the number of cases involving harassment to the newly wed girls shatters the dreams. Indian society is patriarchal and dynamic towards men who are still considered privileged to enjoy much of a better status than women. Woman’s role is still regarded as submissive, docile, homemaker and many other derogatory positions one can only imagine. Marital Rape is one of the most important issues related to gender-based violence in India. Using the sacrosanct institution of marriage as a cover, marital rape is often disregarded in its recognition as a crime and is even justified, as observable from the mentality of the society towards it. The patriarchal perspective which is still rampant in the society perceives the recognition of Marital Rape as an offense, to be against the culture of India. The Legislation and Judiciary have also failed to trudge upon the subject, with the excuse that such recognition would affect the institution of marriage. The provisions of laws such as the Indian Penal Code or the Domestic Violence Act remain mute when it comes to providing for punishment for the offense.

In recent years, corporate industry in India has undergone certain radical changes that require huge amounts of capital investments. The company's uncertainty augmented with the Public Private Partnership model implemented in India, where stakeholders' as well as equity holders’ interests need to be addressed. The growing uncertainty has also resulted from the chain of corporate failures such as Satyam, Sahara, King Fisher, Enron, Xerox, etc. that have rattled economies around the world, causing stockholders to lose trust in their funds' managers as well as among overseas investors. India, as an increasing economy, needs enormous foreign investment to finance big projects, as the Indian government looks at MNCs to provide resources and technological know-how. This calls for a Corporate Governance review with specific regard to the whistle blowing process in order to keep a check on such widespread fraudulent activities. It is therefore important that companies should ensure that their policies and procedures on human resources ensure that whistleblowing conduct is viewed in a favorable light and that the whistleblower is considered a savior rather than a traitor. The present study aims to highlight the value of the principles of corporate governance concerning whistle blowing process and other legislation for the company's successful functioning as well as systemic changes in the contemporary law to create conditions conducive to its existence in companies.

Sexual conflicts have been addressed at length for the longest time. However, more often than not sexual conflict by men in uniform is usually not seen as a crime or a wrongdoing. Time and again through real life accounts and cases that have emerged, its evident that sexual crime against victims during war is a tool of psychological humiliation against the enemy. The persistent pervasive sexual violence against victims have impugned the core of Human Rights. When we talk about Sexual violence, we usually tend to associate it to women. But over the past few decades the victims of rape and assault during war and conflict have been against men too. However, its safe to say that girls and women of all ages are the primary targets when it comes to any form of violence per say. With the several wars taking place in the past and present, we know that War by itself has had a detrimental effect to the tranquillity and peace of a country. However along with War there are several ancillary problems that surfaces like Wartime crimes and sexual violence . Not once had these issues been acknowledged as a crime against humanity until just recently. Poring deeper into the crime, its not just a threat to the Human Rights but is a major threat to the very basis of any constitution of a country which is to uphold Peace, security and equality. The ratio and the cases of Wartime rape varies significantly around the world. There are several forms of sexual conflicts that are perpetrated against women during the time of War. Regardless of the form of the War whether it be the cross-border wars, ethnic and non-ethnic wars, sexual violence in form of rape, assault and molestation is usually inflicted on women and men too.

The principle of transparency and accountability in political contributions is the cornerstone of any salubrious functioning democracy. The focal consideration for achieving the desired goal of transparency in political funding is essentially the capacity of the citizens to identify the contributions which are received by any given political party or its affiliates through different corporate/non-corporate contributors. The Hon’ble Supreme Court has also recognised the importance of transparency in political funding and has accordingly embraced the concept of ‘aware citizenry’. The Finance Act, 2017 had introduced the system of Electoral Bonds whereby amendments were made into various statutes and the Central Government was empowered to notify a scheme for the issuance of the said Electoral Bonds. Accordingly, the Electoral Bonds Scheme was notified on 2nd January 2018 and the State Bank of India was authorised to issue and encash the Electoral Bonds. The nature of the said bonds was prescribed to be a bearer banking instrument with no trace of the buyer and payee. This paper discusses the impact of Electoral Bonds on the transparency of political contributions in India. It highlights the accountability predicament that has emerged due to the bearer nature of the bonds. This paper views the amendments made into the Companies Act, 2013 and Foreign Contribution Regulation Act, 2010 by Finance Act 2017 and Finance Act, 2016 respectively, as having a delirious impact upon political autonomy and electoral transparency of the country as it allows anonymous contributions from foreign companies with subsidiaries in India to make donations to parties. This paper concludes with recommendations to scrap the bearer instrument nature of the Electoral Bonds, comprehensive disclosure of all political contributions without distinctions, thorough audit process for funding, and devising setups for public scrutiny of contributions received by parties, to ensure transparency and accountability in political funding

Advertisement in a broad term is an act done for the promotion of goods and services. It helps the manufacturers and service-providers to encourage the buyers to purchase their products and services. As things stand today in this digital age, advertisements have become an integral part for the consumers as well as the manufacturers. With this growth in the industry, a lot of responsibility is levied on the advertisers to be socially, morally and culturally ethical. Advertisement is often described as a facet commercial speech in India. Advertisers are free to promote and publicize their products as it is their fundamental right. To ensure that this right is not be misused by them certain laws and regulations limit this right of the advertisers There is an increase in the competition and markets because of which manufacturers and service providers often resort to releasing false and misleading advertisements. To regulate them, the government has formed various laws to keep public interest in check. Advertising in India is a mix of self-regulation, legislations and the codes of industry practice. There is no such central statutory regulatory body that deals with the regulations of advertisements in India. This paper mainly seeks to understand and analyse what are the major statutory provisions and regulatory councils that protect the consumer interests and regulate advertisements in India. It also proposes the idea of a uniform legislation.

Racism has been an ongoing issue for ages. The paper firstly discuses the definition of ethnicity, nationality as a basis of racism. It emphasis on the various types of individuals who are distinguished on the basis of the language, colour and dialect. Racism has also been linked to the political development. Secondly, the paper focuses on the definition of race and it’s history. With the expanding significance of bondage, religion was utilised as a way to legitimise supremacist divisions, grouping ethnic minorities as 'agnostic and cruel’. Thirdly, the paper focuses on the historical development of the racism in the context of pseudo-science context, science by looking at Darwin’s book, medicine by focussing on Robert Knox, inter-racial marriage by emphasising on The Virginia's Racial Integrity Act, eugenics, migration, sterilisation by emphasising on The Model Eugenical sterilisation law. Fourthly, the paper focused on the current day pseudo-science context, policy impact, manifest des-tiny and acquisition of the southwest by emphasising on the conflict for taking up various parts of Mexico like Colorado, Arizona and Texas. Fifthly, the paper focused on the definition of white and how the whites are distinguished from other colour groups according to the language, geography etc. Sixthly, the paper focuses on the suggestive measures that should be taken to carb the concept of racism worldwide.

We heard many times that law cannot remain static but with the changing laws now the techniques and even instrumentalities in law may be change. Here author researched on the much burning topic in the present legal arena with the advancement of technology is about Law and Technology i.e. AI and Law. This paper tries to analyse the future perspective and present condition of law and its relation with the AI, it was a misconception that AI and law is a new topic, and the truth is topic gains it relevance now because of many technology advancement. The field of AI and Law is at least 30 years old; it has had a charming and vibrant history. In 1970 Stanford law review article titled "Some Speculation about Artificial Intelli¬gence and Legal Reasoning” even in this article many things were discussed with respect to AI and Law. The paper deals with many of the aspects of AI and involvement of AI in law in recent time with some landmark developments in field of AI, the researcher specifically focuses the relation of AI and law with respect to future and how it can cause problems and how it may help us also. The paper deals with the principle question that is AI is bane or boon for law industry and have clarified the feared questions which was addressed by many personnel of legal fraternity is that Can AI replace the lawyers and other legal personnel in courts. Today we have to understand that AI is still in its developing phase which is now expeditiously developing as a result we have first AI lawyer ROSS; the paper discussed the comparative study of AI in global perspective and AI in India. Much has already been researched on the AI and law topic but here researcher tried to go into the depth of the future perspective by analysing current situation and some situation where contrast with discussion of AI and law is decided by comments of legal scholars like CJI and other stalwarts from field of AI

The Constitution of a Country may be Unitary or Federal. Unitary Constitution gives all the powers to Central Government. It is more or less like Autocratic style leadership. Federal means partnership or alliance. In Federal Constitution the powers are distributed between central and state. It is more or less like democratic leadership style. A leader is one who heads a country or an organisation or a department. Leadership is his ability or capability to transfer his vision into a reality. The leadership style is the manner and approach of giving instruction, counseling, direction, implementing plans, and motivating people to achieve the goal of the country or goal of the organization. This paper presents the different types of leadership styles and the qualities, and characteristics of the world great leaders with examples from Constitutions and Judicial

“Gradually the scope of legal rights broadened; and now the right to life has come to mean the right to enjoy life – the right to be let alone.” – Louis Brandeis, J. (1890) India has fought a long war with recognizing the rights of privacy. From antithetical case judgments to a reconciled analysis of the emergent need of this right, there have been many noteworthy changes that should be studied and appreciated, in order to undermine the present scenario of privacy rights in India. Spanning over a course of 67 years, until finally pronouncing the Right to Privacy as a Fundamental Right, this is a journey that has undergone myriad reforms, interpretations, reviews and has finally been shaped as a law, which protects the private life of individuals from unnecessary intrusion. This right is restricted not just to celebrities or to noteworthy persons of fame, but also to the common man whose personal details like his financial statements and health issues should not be information that others can access. Privacy is the right to be left alone. If a person has the right to be recognized through means of reservation and special laws, they also deserve to withhold information that concerns their life and of those close to them. This paper traces the journey of privacy rights from various junctures in time which have led us to one of our latest Fundamental Rights. It also includes an analysis on how there are still some battles left to fight in order to ensure a strengthened and upgraded structure that protects and the solitude of each individual while being at par with other developed nations. .

Children are the ones who are very importance for deciding how the world is to be after certain years. Children play a vital role in improvement of a countries wealth and standard . Child labor refers to the employment of children in different illegal sectors for monetary gain. Child labor is a big curse to the nation. In a developing country like India child labor is a major threat for its further development. Children are forced to work under organized and unorganized sectors like crackers industries, matchbox manufacturers, as small workers in hotels and so on. Child labor in an unorganized sector is a serious socio-economic problems challenged by most of the country's in the world. Mostly children from poor economic background are involved in child labor for overcoming their daily needs. The primary reason for this is children are not aware about their rights and freedom because of the lack of education and knowledge also their parents are not having sufficient knowledge about educating their children. Though there are many laws existing for providing compulsory education for children it is not followed all over India which is a major drawback of the government. India being a country with 39 percent of total population represent children is the 3rd manpower country in the world. This shows the negligence of our Indian government in the development of the country. Here author tries to convey the reasons and causes of child labor in unorganized sector and gives certain suggestions for reducing child labor in unorganized sectors like small looms, matchbox industries, candle industry, crackers industry .

The revelation of high profile frauds and scams in Indian and International Capital markets has drawn the attention of the regulators of these markets towards the necessity of setting up the corporate governance standards along with the sanctions in case of violation of the regulations or guidelines prescribed by the regulators and legislatures. Despite of having abundant legal machinery, the laymen investing their money in the market to get economic stability are suffering in the hands of big corporate mafias. The Corporate crimes in the face of cheating, misappropriation, fraudulent practices and insider trading practices victimizes the small investors and has shaken up the confidence of public in probity of the capital market. For attaining greater heights and development in capital market, the need of introducing the high level of corporate governance and transparency into the business sector is indispensable. The information must be equally available to the participants of market. Generally, the primary reason of distortion of market is the availability of material information to the insiders and its usage to trade in the market which is not available to the other counterparties. The rationale behind regulating such practices is to prevent the unfairness and injustice done to the investors deprived of the UPSI. This research undertakes an analytical study of the novel legal regime introduced by which prohibition of Insider Trading is affected and the rate of compliance of the present regime. The aim of this research is to assess the specific views on the regulation of insider trading and the disparity between enactment and enforcement of insider trading regulations and lastly, to see why India lags behind world's developed economies, in order to suggest different measures which may be integrated in the Indian securities market to curb this widely prevalent practice

Dissent is a word that is used rarely in India by the judiciary. Though India has had its fair share of landmark dissents in the past yet as a legal system we are used to accommodating than disagreeing. The case analysis involves one of the most iconic dissents of this decade by Justice Indu Malhotra in the Sabarimala Judgement. Though the nation rose to the achievement of women entering the temple and furthering of equality Justice Malhotra being the only woman panelist on the bench held that religion cannot be equated with the principles of fundamental rights as religion as a concept itself is very subjective. The case analysis below indicates the arguments presented by the petitioners’ side questioning the validity of the practice and holding it unconstitutional due to the infringement on fundamental rights. The analysis goes on to explain the dissent and questions the judgement on the maintainability of petition under Article 32. Later it explains the role of courts in matters concerning religion and argues that the said practice cannot be evaluated basis Part III of the constitution. It concludes with the essence of Article 25 and deals with the aftermath of the judgement while explaining why we need to investigate matters of religion outside courts .

India’s history of formulating anti-terror laws has been rather despondent since its independence. More often than not they’re in breach of constitutional principles and intrinsic civil rights, despite the fact that the old ones are discarded and new ones are into place, as if spokes from the same wheel. These legislations often override the ordinary criminal code of the country and the rule of law in the name of protecting the sovereignty and integrity of India; in doing so we have failed to break the practices which the British had so often implemented in India in order to sustain their absolute control over the people. In a democratic India, we need to see let go of the ghosts of our past and usher the country into a bright future, however, anti-terror legislations such as the UAPA, NIAA and previously the POTA and TADA are one of the many reasons holding us back. They give unbridled power to the executive and allow the depravation of liberty to become an easy business. This paper will discuss how the Unlawful Activities (Prevention) Act, 1967, has stifled human rights in India and remains the most draconic legislation in present India with the excess of investigative authority and depravation of liberty it permits in the light of recent developments .

Primarily, encounters were rare, they were used as a way devised to affect with complex situations and as a way of self-defence. However, in the 90s century the frequent and uncontrolled rise in extrajudicial killings by police or military force created grave doubts regarding the authenticity and purpose or intention behind the encounters. In between 1990s and mid-2000s, the Mumbai Police in India used extrajudicial killings to cripple the underworld in the city and break down uncontrolled extortion rackets. Police officers, who referred to as “Encounter Specialists”, believed that these killings in delivering speedy justice to the society. From that period till early 2003, the police killed about 1200 alleged criminals. Though police or military officers were firm in its stand and supported encounters widely, various human rights activists, social welfare associations and relatives of deceased strongly opposed the encounters. They believe that encounters are a clear violation of human rights and the constitutional right to life of the person under article 21 which provides protection of life and personal liberty. The research includes a detailed comparison of extrajudicial killing or ‘encounter’ and fake ‘encounter”. Further, the study discusses the justifications given by the police or military officer in favour of the extrajudicial killing and laws applicable in India, through which police officer have vested some power for their safety at the time of arresting a criminal. This paper also seeks to present in brief, the judicial and legal approaches regarding the legality of encounters. "The Police has not come out of its colonial image. Despite 6 decades of independence the Police is largely considered as a tool of harassment, oppression and surely not considered a friend of the public". Arnesh Kumar v. State of Bihar.

The basic aim behind any economy is to improve the purchasing power of the individual by enriching him/her to develop new skill set so that the development should be result oriented, Change in any economy is first criticized, reviewed and then implemented, but any change cannot itself be brought into effect, it requires channels, mediums, management, proper implementation, and most importantly it should reach to the masses at every level. India also aimed to bring a change to make India Digitally sound and effective, to which Government had launched initiative called “Digital India” in 2016 where its key aim was to make ‘Good Governance through e-governance’. Digitization had made the country’s progress faster which had been elaborated in the paper, also it has made the work convenient, easy, accessible and improved. Mobile phones play an important part in making the digital India initiative a massive breakthrough, which results in accessing high level connectivity across the world on your fingertips. Something which was once a luxury is now a necessity, mobile phones are digital devices which has revolutionized the Indian market not only in increasing its GDP but has allowed ground level participation in the best interests of the country .

The article examines the bifurcations of the state of Jammu and Kashmir and the constitutionality of the action in light of the historical documents, the constituent assembly debates and the legal precedent. It also ventures into the proprietary of the government decision and its ramifications from the legal perspective and perspective of the stakeholders .

This paper shall deal with an aspect which has infiltrated the society at its very core. Sexual harassment is faced in every nook and corner. A woman has always been subject to such atrocity even though they have been idolized and worshipped in India. Cases of rape, molestation, sexual harassment is all on the rise. This paper shall solely focus on Sexual Harassment faced by women at Work Place. This paper deals with how sexual harassment is a human rights violation. Equal rights and dignity is to be given to every human being and sexual harassment is a deprivation and violation of this very human right. This paper shall also delve deep into this aspect and connect the UN Charters with case laws which clearly stated that Sexual harassment is violative of women’s right to equality, with reference to the landmark case law Vishaka v State of Rajasthan and AEPC v A.K. Chopra. This paper shall also go on to deal with the impact that sexual harassment has on the life of a woman. It leads to depression, anxiety, women even blame themselves and even suicide. This paper deals with all such impacts at length. It finally concludes with measures that can aid to curb such sexual harassment and hopefully even put an end to it

International Humanitarian Law (IHL) and the Law of Wars are used synonymously. IHL comes to play during the war and armed conflicts where human rights are violated ruthlessly. The parties involved in the dispute are likely to endanger the peace and security of the region and the dispute needs to be resolved to secure peace and security. UN act as an intermediary between the parties engaged in war and reinforces peace and security through its agencies and with the help of other signatories of the UN Security Council. The need for the peacekeeping forces comes into the picture at the time of resolution of the dispute in a specific region through peaceful means, the Security Council may call upon the state parties in this regard. The UN does not have its military force but takes assistance from state-parties. 120 countries have contributed to more than 70 peacekeeping operations through their military forces up till now

The natural rights theory depends on the assumption that there are certain basic rights that are provided to a human being by nature. Various philosophers have justified slavery by considering it as a condition given by the nature or provided by the divine law. It was believed by the philosophers that it is provided by nature that some people are slaves. Slaves derive their rights from the nature and were born as slaves under certain circumstance whereas non-slaves also derive their rights from nature and were therefore born to rule, they have the right to make use of slaves, control and own them accordingly. The critiques of natural rights theory are of the view that slavery cannot be justified by natural law or natural rights. As slavery is the act which is unethical and morally incorrect. This research paper is based on the doctrinal and qualitative research methodology. The sources of data collected for this particular research on natural rights theory has been done by secondary sources. For this particular research the researcher depends on the secondary data from various sources such as articles, books related to philosophy, bibliographic reviews, philosophical and ethical journals, online research and various other secondary documents are used for a theoretical subject matter. This research work will help the readers to look into both positive and negative sides of the natural rights theory. The readers can trace back to the origin of the natural rights and its development. The views and thoughts of various scholars related to natural rights theory has been given in this paper. The deep analysis of the doctrine of natural rights theory has been done in this project.

The paper extensively elucidates the working of Indian Courts in money laundering cases. A special statute for combating the menace had been enacted by the Indian Legislature in 2002 but same had a number of loopholes in its application. After which, seeing the desperate need, an amendment has been brought into operation. The following paper clearly enunciates the procedure given in PML Act and presents the working of the Courts while trying the offences and during the grant or rejection of bail. The author tries to bring in knowledge that whether the brought amendment is sufficient in self and how much are the Judges/Presiding Officers of Courts are reluctant towards granting bail to the offenders under such deterrent special statute .

In the modern society, the situation that we witness today was once full of rituals tradition and practices, though not all of them seem feasible to establish their existence in the 21st century. Countless tradition custom and practices seem to have lost on the way as they were unable to and get adapted with changing diasporas. One of them is the concept of ‘DOWRY’, yet it has firm existence in the society these days. It is a well acknowledged fact that when any ritual, practice or tradition gets deep rooted in the society then subsequently it provides a room for dissent. There have been many active measures taken by the government of India to curb this social evil. Several laws, acts, enactments have been introduced but all this has ended up of being of no use. This paper aims to analyse to ‘concept of dowry and all the important statutes and provisions relate to it’. A holistic approach is adopted while working on this paper and best efforts are put in to explain the concept in the light of judicial pronouncements and analogical deductions. Also some major statistics are included within this paper to make the readers aware about the actual numbers regarding the victims of various crimes in connection with the demand of dowry. This paper also contains various suggestive and reformatory measures which can leave a positive impact in strengthening the anti-dowry laws in India. The paper has within itself best level of clarity and is written using the ‘qualitative method of research’ which was best suited to bring out the complete picture out of the entire research paper, Hope that this piece of work turns out to be fruitful to many intellectual minds

Members of Parliament Local Area Development – MPLAD - Scheme was introduced in India in 1993 to empower Members of Parliament of the Lok Sabha to initiate and introduce developmental measures in their constituencies with prioritizing the creation of long-lasting communal assets that were needed for the local population. Every Member of Parliament is eligible to get Rs. 5 crores annually. These funds, which are under the discretion of an MP, are to be used for fulfilling the development or basic needs of the people in his/her constituency. Although the constitutional validity of the MPLAD scheme had come into judicial scrutiny several times in the past, on several grounds, the Supreme Court of India upheld its constitutionality, by relying heavily on various case precedents, holding that the separation of powers was not strictly recognized in the Indian Constitution. The COVID-19 pandemic forced the Government of India to suspend the MPLAD scheme for the next two years, on the ground that it is focusing more upon whole needs, requirements, planning, and execution on a national level rather than filling upon root requirements of remote areas. The Government’s decision to suspend the scheme, despite the political backlash, notwithstanding, the SC’s judgement, prompts the need to analyse, in-depth, the scheme, its implementation, and the legal questions surrounding it. The paper aims to discuss the aforementioned questions comprehensively .

Through the rapid development and introduction of robotic systems for artificial intelligence, robots are starting to replace humans on the battlefield. Some military and robotics experts have speculated that, as they may be called, 'killer robots' are primarily regarded as lethal autonomous weapons which are capable of picking and engaging targets with minimal or any human interference at all. Even though the rapid implementation of such automated systems seems highly necessary for research and other exponents of automated systems, their creation has given rise to substantial concern among diplomats, human right activists, scientists, arms-advocates and others who dread that deploying lethal autonomous weapons in the battlefield will significantly diminish human control over war operations, conceivably resulting in grave violations of various laws, thereby weakening the barriers that have been built to refrain moving from traditional to nuclear wars. As per certain experts, Lethal Autonomous Weapons Systems (LAWS) are capable of creating a “Third Revolution” in warfare system, following nuclear weapons. The lethal autonomous weapon system, like any weapons system, must be planned and operated in compliance with international law. The paper examines the context of lethal autonomous weapons and the global trends around the notion of lethal autonomous weaponry. It also assesses the validity under International Humanitarian Law of this kind of warfare method and evaluates the feasibility of such warfare systems while highlighting the recent developments and contemporary issues with respect to the warfare system. It is imperative to understand these issues as warfare systems like killer robots, if implemented, pose a grave threat to humanity and the foundation of laws protecting human dignity and life

In Jat community, gotra or clan is considered to be parallel to lineage forming an exogamous unit. Many incidents of couples being brutally killed by the all-powerful “Khap Panchayats” constituted by the diktats of the patriarch for entering into intra-gotra marriages came to limelight in North India. In the garb of guardians of community honour they not only forced the wedded couples to return to the community fold but also committed heinous crimes. So, it was a matter of further research as to why killing for honour had become a common and accepted phenomenon in North western villages of India and where the existing law lacked in curbing this social evil .

The world has moved from films as a sole medium of dissemination of information to television & radios and now to the internet. Over-the-top (Herein referred to as OTT) platforms have created a parallel medium to disseminate information. This has left a void in policy as India does not have any guidelines for content regulation on the harmful and illegal content released online, leaving aside the Information Technology Act 2000 that has provisions regarding the intermediaries involved. Taking advantage of the gap in policy, the creators have been releasing their content online without any pre- censorship by the State. This paper sheds a light on content regulation and how the emerging content on OTT video streaming platforms should not be brought under state censorship as such model of regulation has proved to be a hindrance to the progress and development of the society. Rather, the recent step taken by the OTT streaming platforms to self regulate themselves should be encouraged by the government. This step would in fact promote the spirit of the right to freedom of speech and expression enshrined under Article 19 in the truest form in our Indian Constitution. Furthermore, it has become necessary to deliberate upon this question especially in view of the pandemic as content is being released online instead of on traditional mediums that were under the purview of regulation

Territorial dispute over “Kashmir” had been subject of too many questions over a decade. A beautiful valley turned out to be a land for militants and terrorists. Imposition of Article 370 in the State which enriched the State with some temporary Provisions to safeguard the interest of the people turned out to be the greatest reason for misery itself. Pakistan has always shown interest in the valley, propaganda behind the notion of “free Kashmir” and misleading the youth for the same. Revocation of Article 370 and introduction of The Jammu & Kashmir Reorganisation Bill 2019 in the state, legal effects of such bill and international stand on the Kashmir issue plays a vital role in India’s upcoming position in the world as a global leader. Effects of Article 370, acquiring permanent resident or dual citizenship while living under the Supreme Law of the Constitution which provides “equality before law” to all citizens. Failure or ignorance of the Government, for the thirst of power could lead to situations which can divide one State form the Union of India. A provision which itself states to be “temporary” should have remained the same. Political party’s failure to take a strong stand on the subject which costs future of three generations of the state and the life of many soldiers as well.

The Basic Structure Doctrine was established by the landmark judgement delivered by the thirteen-judge bench in Kesavananda Bharati in 1973 as a check upon the seemingly unlimited power of the legislature to amend the Constitution. Now even after forty-seven years the Basic Structure Doctrine continues to evolve due to much discourse among academicians, scholars, and the legal fraternity at large. This paper will attempt to examine the scope of the doctrine with respect to whether it is limited in its applicability to only Constitutional Amendments or can ordinary laws also by reviewed under its ambit. Though the initial view of the judiciary as can be evidenced by case laws limited its application to only Constitutional Amendments, subsequent judgements delivered by the apex court have overcome this limitation by broadening its scope.

The law surrounding the definition of State as laid down by Article 12 of the Indian Constitution has been expanded by the Indian judiciary over the years due the interpretation of the term ‘other authorities’ used in the article. I disagree that the definition provided by the courts is an over-expansive one. Rather, based on the judgement passed by the apex court in Zee Telefilms which was further affirmed by the judgement passed in Cricket Association of Bihar it can be argued that the interpretation of the judiciary was not expansive enough. This paper will elucidate upon the need for an expansive definition while tracing its evolution. The Indian judiciary has expanded the definition of State under Article 12 of the Indian Constitution over the years through the explanation of the term ‘other authority’. But a grey area in jurisprudence has emerged when it comes to the status of private bodies who arguably have some functional, financial, and administrative control exerted by the State upon them. The definition of State has not yet been expanded to accommodate such private entities within its fold. In the interest of safeguarding the Fundamental Rights of individuals these entities should also be considered State in a step towards achieving equitable and efficient delivery of public services to the masses through private service providers.

In modern and post-modern studies, globalization as a subject has been studied under the realm of economics given importance of economics for states in modern and post-modern times especially due to western influence. However, globalization as an occurrence can be traced back to the days of evolution of human kind. The human race as we understand it in the contemporary world has evolved through time and has acquired certain characteristics which is due to interactions of various sub species of homo sapiens residing in different part of world. Hence it can be said that globalization is more focused on interaction at global level and consequences thereof. With different approaches laid down by the scholars, there happens to be an ideological void in terms of harmonization of the various aspects of globalization under one definition. The study becomes imperative under contemporary circumstances as due to a narrow interpretation we have failed to achieve the intended objective i.e. bringing the parity and bridging the gap in the society. Therefore, this paper analyses different aspects of globalization and answers the query i.e. where the globalization has gone wrong in modern world. While addressing the abovementioned query the paper discusses and critically analyses the other theoretical aspects, definitions and approaches laid down by the scholars engaged in the globalization discourse so as to achieve a theoretical and terminological uniformity viz-a-viz the understanding of the concept at a broader level

The said paper is an attempt to highlight the several changes that the Code makes in the present labour law regime. It will discuss the benefits that the Code may provide, along with the shortcomings it may have. In other words, the paper will try to find if the Code is just a simple combination of the various legislation, or is it bringing any reform in the current legal framework.

India travailed for 150 years under the crown’s despotic ‘law of sedition’. The anticipated sojourn took an immortal form. Following this, there were many crusades and trials that took their respective turns, the matter formed a crucial topic of debate, some even turned out as epoch- making as for when the constituent assembly removed the word sedition from article 13(2) of the Indian constitution. However, law makers preferred to remain in lull state, there were times when promises were made but turned out to be fake and a result we can still find this archaic law under the section 124A of the Indian Penal Code, 1860. The colonial legacy continues to haunt the soul of basic structure of the constitution that guarantees “freedom of speech and expression” under the article 19(1) (a) of the constitution. The satire pertains to the fact that ‘England’ who played the pivotal role in the propagation of the sedition laws in its colonies withdrew the relic from its statute book not less than 10 years before. The intention was simple – to set a paradigm. The democracy is seen to be are reflection of transparency and freedom of speech is its hallmark. While many countries can proudly proclaim their rights being a real democracy, India lags behind in this sphere and hence the question persists: Can India still be called a democratic country?

The cute little emojis that we use daily in our conversations online have become an inherent aspect of casual communication on digital platforms. Originally an evolution from emoticons made of punctuation marks, emojis as pictographs were aimed to make digital communications more interesting. Due to the increased usage, they have acquired a complex role beyond the depiction of emotions and feelings. Just like human language, they are developing organic rules as they become a part of online written conversations of more and more people around the world. The paper attempts to explore the usage of emojis, arguing that their complex usage has led to various impacts in online communication, viz. emotive, phatic and ironic. It also analyses to what extent they are universal and are affected by cultural contexts. This is done by using the published studies about emojis in various contexts and domains as sources.

The outbreak of the COVID-19 disease has been declared a global pandemic by the World Health Organization (WHO) on March 1, 2020. The outbreak has not only affected humans but has also resulted in a global economic shock. The need to maintain social distancing and lockdown has resulted in slow operations of many businesses and has ultimately affected the diverse commercial contracts. In such circumstances a force majeure clause is considered to be a strong defense against such unavoidable and unforeseeable events and helps parties discharge their contractual obligations wholly or partly without making them liable for non-performance of their contractual obligations. Through this article, the authors would try to analyse the scope of force majeure clause in diverse contracts, in the light of the ongoing coronavirus pandemic and related governmental measures to curb it. In the similar context, the authors would further elucidate the various criteria that companies must fulfil in order to successfully invoke the force majeure clause in their contracts in the present situation of Covid-19 pandemic. The article further tries to enquire about the possible steps to be taken if a force majeure clause is absent in a contract and is also suggestive about the course that should be followed before invoking a force majeure clause. The hypothesis of the article defines how COVID-19 triggers the force majeure clause. The authors have also tried shedding light on how is India dealing with force majeure clause in diverse contracts including real estate contracts, supply chain contracts, employment contracts, Insurance contracts etc

The world of cyberspace exists only in computer memory, but its outreach is far. It has a life. Connecting with new people, reading, researching, listening to music, uploading data, watching videos accessing public documents, buying tickets, purchase and sell things, sending mail, downloading files are just the common known activities that a normal person would do on the internet every day. The future of copyright is unpredictable and it is obvious that our present day actions would affect it in several ways which calls for more caution and precision. Copyright is a very specific bundle of rights designed to foster creativity for the public interest, rather than granting to its holders exclusive control of their works. While new frontiers opens up, the law tends to slow down a bit and lag behind and then find an appropriate resolution in good time. This article deals with the very question that whether our legislations are equipped to cop up with the exponential growth of the cyberspace and the concerns that come with it.

The Fundamental rights are guaranteed under Part III of the Indian Constitution. The Judiciary is the guardian of these fundamental rights and time and again, Courts in India have protected the citizens against the legislative and executive tyranny. While the Covid-19 pandemic has led the world to a crisis, both humanitarian and economic, it has been evident that India is one of the worst-hit countries with this crisis. A nationwide lockdown was imposed in India to contain the Covid-19 disease. While experts have called this lockdown necessary and a stringent one, the lockdown brought several repercussions on ordinary citizens socially and economically. In a democracy like India, several fundamental rights faced a hostile response in the light of the restrictions imposed under the lockdown. This research paper endeavours to briefly explain the fundamental rights affected on account of the said lockdown. Although the lockdown was a necessary measure, it is also viewed as an unorganised striking on citizens.

Mankind is well-familiar with the element of discrimination- where man hounds for factors upon which he can discriminate others such as race, place of birth, place of residence, economic affluence, and the age old factor of discrimination- sex and gender. The society was traditionally understood to have been divided into a “binary gender system”, where women were always perceived as the gender inferior to men, but now the term “sexual orientation and gender identity” is not limited to male and female. Men have come to discover varied understanding of sexuality and introduced the concept of lesbian, gay, bisexual, transgender, and intersex (LGBTI). The LGBTI Community has fallen victim to unfathomable discrimination meted out against them because they do not fall within the confines of the “binary gender system”. Homosexuality is not just the epitome of blasphemy in countries but is a criminalized act under their municipal laws. It is recently that the LGBTI Community raised their voice against the injustice that has been inflicted upon them for decades. With a sea of protests sweeping over the State authorities, the act of homosexuality was decriminalized in a number of countries now, but the Islamic countries all across the globe continue to impose death penalty on consensual same-sex sexual acts. The paradigm shift was brought about in Indonesia’s Gadjah Mada University, Yogyakarta, in 2006, where the Yogyakarta Principles were developed at a meeting of the International Commission of Jurists and human rights experts from around the world. The Yogyakarta Principles are a set of Principles that have been specifically devised to provide people of differed sexual orientation and gender identity with all the basic human rights that every individual is entitled to despite their sexuality. The Yogyakarta Principles have borrowed heavily from the body of international human rights law but has made it explicit that people of varied sexuality are entitled to these rights despite all odds. India too has relied on these principles as an international authority in granting rights to the LGBTI Community through its recent judgments. The aim of this article is to analyze the extent to which the Yogyakarta Principles are an embodiment of the International Human Rights Law; to examine if India requires a separate body of law governing the rights of the LGBTI Community or their rights can be read into the Indian Constitutional provisions and other statutory laws with certain amendments being made to the latter to suit the needs of the Community, as they too are human beings and not aliens

The Banking industry is dominant in the financial sector and is considered as the backbone of the economy. It engages in the business of providing loans and advances from deposits obtained from household savings. This lending entails immense risk due to the uncertainty of repayment and banks had to be cautious while granting loans. This paper assesses the failure of the banks to do proper due diligence before granting loans which leads to a significant rise in Non-performing Assets. It discusses the reasons behind the rise of non-performing assets in the Indian banking system and the major banks' crises occurred. It finds from the analysis that the steps were taken by the regulatory body, 'Reserve Bank of India' to resolve it, is not enough and such governance has affected the people to a large extent and created problems for them. It recommends and concludes that the bank and regulatory body together need to have accountability and transparency in their transactions to protect the interest of the public at large

Arbitration dates back since 1772 in India, first time it was introduced was through Bengal Regulation Act, 1772. The research below will focus and enumerate the significance of arbitration over litigation (by explaining the pro arbitration provisions under Arbitration & Conciliation Act, 1996) and will further enhance the way arbitration has evolved itself over the years to reach to the point where it becomes the backbone of dispute resolution mechanism all over the world. The initial part of the research focuses on establishing the supremacy of arbitration over litigation and the later part of the research further throws light on the impact of COVID -19 on arbitration and how arbitration can be utilised as a tool to combat and mitigate the effect of COVID - 19, the research further goes on to highlight steps taken by International arbitral institutions (i.e. SIAC, HKIAC, LIAC, ICC) to make to process of alternate dispute resolution online hence, much more effective in terms of combating COVID - 19. Subsequently, the research discusses the probable drawbacks associated with the process of online alternate dispute resolution and the steps taken by the concerned institutions to mitigate those effect, in the final part, the research is concluded by appreciating the merger of technology and dispute resolution and by suggesting the possible steps to be taken on order to further enhance the process of online alternate dispute resolution

The foundation of human right is as old as the history of human being itself. Yet it became the main concern in 13th century when the first written law of Magna Carta 1215, came to existence. It has been common understanding that human right have got international consideration after the Second World War, it was this aghast which lead to the formation of United Nation with the aim to develop friendly relation among nation .The urging need of Human Right was an important realizations for the struggle for Indian Independence from Colonial rule. Free India addressed itself to the formulation of Human rights through the legal instrument of the constitution. The human rights content of the Indian Constitution is a complex Amalgam of Civil and political rights, economic and social rights etc. Since Indian Constitution Civil and political right in Part III and economic and social right in part IV therefore a comparison with the international covenant is must .For the proper implementation of the human rights in India there is a institutional follow up in the form of National Human Right Commission whose main purpose is to watch Human right protection and to defend whenever there is a violation thereon. Hence in this paper we would be dealing with the perspective of India in ratifying the international convention for the protection of human right and giving the citizen of India the sense of equal right and self-determination as well as appropriate measures to strengthen world peace.

Child sexual abuse is a dark reality that is high prevailing in India and with numerous harmful impacts. Child sexual abuse is a universal problem and also a human right issue. The objective of this study is to aware the people about this evil. Child sexual abuse is an extensive problem and even the lowest frequency contains a large number of victims. Child sexual abuse has been publicly acknowledged as a serious problem in India when the Government of India has brought in a special law to deal with child sexual abuse, namely, “The Protection of Children against Sexual Offences (POCSO) Act, 2012”. The act criminalizes a wide range of acts including child rape, harassment, assault, and pornography, etc. This act has been a major step forward in securing every child’s right. This study highlights the types of child abuse, child sexual abuse, types of child sexual abuse, different forms of child sexual abuse, such as child marriage, online child marriage and child trafficking, legal provisions of child sexual abuse in India, risk factors for victimization and the consequences of child sexual abuse. The study also highlights the situation of child sexual abuse in India.

The tale of Uniform Civil Code in India is as old as the British Raj, when the government made uniform criminal and contract laws but abstained from getting involved in personal laws. Time and again, call for a Uniform Civil Code was heard in the Parliament, but as a result of various propagandas and obstructions, its fate got limited to Article 44 of the Directive Principle of the State Policy. This paper gives a brief insight into the civil codes of different countries and continents of the world, and highlights some of their discriminatory provisions. It traces the history of Uniform Civil Code in India, and explains the unfortunate circumstances which led to its not coming into effect till date. Through this paper, I have examined the historical aspects, conflicts, political issues, and cases in which question of a common civil code was at the center. The personal laws of different religions of the country, in one way or another, permit discrimination, and violate the rights guaranteed by the Constitution. But, even after decades of trying to reform these laws, we have failed to do away with their oppressive parts, because even in a secular country like India, religion seems to have gained a higher ground than the Constitution. India is a land of religions and diversities, but a common code which will govern all the citizens uniformly in civil matters is needed to ensure that no human rights violation takes place under the cover of Freedom of Religion, because such discriminatory practices or customs are not an integral part of any religion, and so they must be discontinued, and a common code that confirms to the Constitution irrespective of religion is the only way to protect the fundamental rights of the citizens, and keep secularism alive in India.

Legal aid means assisting the people who are unable to afford the legal services and who face problem in getting access to judicial system. Legal aid plays a very necessary role by ensuring equality before law, protection of rights to life and personal liberty, the right to fair trial. Every nation should follow the concept of legal aid and it is specifically mentioned in Universal Declaration of Human Rights (UDHR),1948 and International covenant on Civil and Political Rights (ICCPR), 1966 This research paper hereby answers the question scuh as What is free legal aid?, To whom it shall be given ? Is legal aid a charity or a basic human right?, What are the constitutional provisions related to legal aid?, What are the types of legal services provided? This research paper describes legal aid in broadest sense as a fundamental human right, which is providing public access to legal representation, legal institutions, legal information, legal advice, legal education and knowledge. The major objective of writing this research paper is to understand the role of state from a human rights perspective rather than of a charity one. This paper will conclude various case reviews along with human rights treaties and conventions

Wars have never been good, whether they are against the humanity or for it. The entire world is at a stage where the need of universal peace is of utmost significance. Harmonizing the status quo becomes essential for safeguarding people’s basic human rights at large. The terms ‘Human Rights’ and ‘Terrorism’ cannot coexist. The encounter between people’s human rights and terrorism is a widespread concern across the globe. The most vulnerable are the once who are unaware about the fact that they are on the stake of losing their lives for whims and wishes of several individuals groups, whether it be sovereign governments in the name of war on terror or the terrorist organizations. Whenever there is an act of terrorism or counter-terrorism activity to eradicate terrorism, the human rights of the people are being violated. The war on terror does not only affect the basic human rights of the terrorists but also at the same time is having a severe impact on the fundamental rights of the civilians residing therein. This calls for an imperative need that a definite legal framework should be devised by the sovereign governments through international cooperation of states and international organization to combat such ongoing worldwide concern. This paper provides an overall overview on the issue of terrorism, human rights and war on terrorism. It will be also discussing about the measures taken by various organizations at international level and national level to curb this widespread global concern. The paper will be significantly laying emphasis on the human rights violations in the context of war on terrorism and what are its impacts on terrorist and civilian’s life

India, being a diverse nation, has different religions governed by different personal laws which most of the times leads to injustice to people of different religion. For this reason the implementation of a Uniform Civil Code (UCC) becomes a necessity that could bring about empowerment of women and uplift their status in the society. This paper is directed to examine the basic essence of the UCC keeping in view of its legal perspective and theories. The paper resolves around the issue of UCC, evaluating its relationship with that of Secularism, analyzing and scrutinizing its necessity and talking about its implementation through a series of suggestions and recommendation. The paper also examines how the judiciary over the years, has dealt with the issue of gender parity in the context of UCC. The researchers utilize writings of various jurists, books, articles, notes, commentaries and other writings to provide better understanding of the said topic. The study relies upon gradual evolution of law (relating to UCC) through series of judicial pronouncements and looks forward to validate the submissions made in the course of research through practical illustrations and multiple case laws

In the recent acquisition matters relating to cyberlaw has gained a wider approach. It is an important upcoming sensitive topic in the world that is to be dealt with. The advancement of scientific technology has paved the way for international law relating to data protection. The authors of the article have portrayed a comparative analysis of various countries in the context of The Personal Data Protection Bill, 2019. Main issues arising out of it has been discussed vividly. Critical analysis of cases in such light has been traced. The paper also focuses on data protection laws that are followed by United States of America putting forward its pros and cons. The lacuna of the above-mentioned Bill that are prevalent in India has been mentioned in the paper. Suggestions and measures have also been observed in order to overcome such loopholes. Thereby a beneficial law relating to data protection at national level should grow which in turn will enhance the development of the country. The authors bring in forth the comparative analysis of different nations along with suggestions that are needed to be implemented in India on the ground of data protection so as to intensify the backdrop. The methodology of our research is Doctrinal one

The contribution of intellectual property to the economic and cultural development of a country is substantial. The granting of patent monopoly in consideration of the disclosure of invention enables competitors in the field to manufacture new products or improved products or effect improvements in the process of manufacture. This paper deals with the issues and facts of the traditional knowledge also the contribution of Intellectual Property Rights in economic growth. Most of the studies in the literature show that, in closed economies, enhancing the protection of IPR increases the expected duration of monopoly and the associated incentive to innovate. A large incentive to innovate enhances the growth rate. This paper also emphasizes the impact on intellectual property which is becoming a international in character. The enormous technological development of transport and communications has resulted in the globalization of trade and commerce. Intellectual Property can travel effortlessly from one country to another. The paper talks about ‘Piracy’ of intellectual property that has become international in character. The scope of intellectual property is expanding very fast and attempts are being made by persons who create ideas to seek protection under the umbrella of intellectual property rights. There are many similarities in the law relating to the different species of intellectual property in regard to the nature of the property, the mode of its acquisition, the nature of rights conferred, the commercial exploitation of those rights, the enforcement of those rights and the remedies available against infringement of those rights

As far as innovative technology promotes our brilliance and provides social connectivity, it also affects our uprightness and confidential life. Cybercrime leads to downtrodden which may cause social assault all over the world. The intimate existence of men and women are affected by these cyber criminals. ”are the women in 21st century safe?” NO, on a daily basis women’s are abused in front of the community due to cybercrime women’s are forced to become the victim of social assault like rape, molesting, harassment, etc. which causes mental disorder which also leads to affliction of physical health care. In order to provide protection against cybercrimes government has introduced Indian IT act, 2000. It is the primary Indian law which deals with CYBER CRIME and E- COMMERCE. This act covers whole of India and recognizes electronic records and digital signatures. In order to empower society in cyber security the young generation has to be encouraged. The present paper seeks to clarify how the cybercrime is demolishing our young innovative generation and exploiting women esteem by menacing, this paper also elaborates the various measures which have been taken by Indian government to curb exploitation of women through electronic mediums like cyber cell, police helpline, cops, etc

India being a country with more than 35% of youth population has shown an excessive usage of internet and other social media in recent years compared to other countries. During earlier period newspapers, books and television channels were the sole source of knowledge, but now greatest amount of information is acquired from internet and other online sources. Social media is regulated under INFORMATION TECHNOLOGY ACT which is implemented in the year 2000. Though this improvement helps for productive and efficient usage of time on the other hand it has substantial effects like delivering wrong information without proper authority for sanctioning and also hides certain sensational news in the name of censorship which makes people unaware of the issue itself. Here in this article the author will be discussing whether a person’s right to speech and expression which is mentioned in Article 19 of Indian Constitution is violated with strict implementation of censorship or media laws. And also the author will be dealing with the uses of social media in this developing world and will be concentrating on censorship which is coming under IT Act including other laws relating to social media with supporting case laws and recent changes bought under Indian law relating to social media to substantiate authors view

Children are the future of the nation; they must be nurtured and well protected. Children must be given an environment that is conducive to healthy development, so that they become responsible citizens. State must ensure that their rights are not violated and must make every measure to protect their rights. In India, The constitution guarantees various special rights to children apart from other rights which are guaranteed to all. There are also various international conventions, Special laws ensuring the rights of children. Some of the rights are right to life, health, education, nationality, development, freedom from exploitation and abuse. All the rights are available to children of both the genders without discrimination. In spite of all the conventions and national laws there are various instances of violations of children rights. Human rights are those basic rights, without which a person cannot live as a human being. Children are immature both physically and mentally and they need special care and protection. Tender age of children must be protected and not exploited. Physical, social, moral well being of children is very important. Children are future pillars and are real assets of the Nation. Best interest of the child is paramount. They have a right to healthy childhood; however their rights are grossly violated. Many children are subjected to sexual abuse, forced labour and rights of children born through surrogacy is also a growing concern in India. The present study has tried to analyse the rights of children born through assisted reproductive technology, surrogacy and few instances where such children rights are grossly violated

Sexual violence is one of the most prominent violence against women and a form of control over women. Sexual violence or sexual overpower is way to show dominance over women and most common in male dominant societies. It not only harms women’s self esteem but also hazardous as it prevails in a society, widening the gender gap and inequality. A husband is supposed to be the protector of a woman but when he turns on her as a destructor; it leaves her hopeless and vulnerable to many such mental and physical disorders. In this article, through a doctrinal research we’ve tried to point out how big and serious the issue of marital rape is? What are the provisions in the current criminal law dealing with it? The infamous Exception 2 of Section 375 that has been the bone of contention. Further, we discussed what has been the legislature and the judiciary’s take on it with a critical analysis. Lastly, we concluded with some suggestive measures for a better tomorrow.

Citizenship in a nation is as important as the nature of the state. It provides an individual with a sense of belonging. Indian citizenship has always been a matter of dispute since India's inde-pendence. 70 years down the road, even so, the matter is cause for contention. The recent 2019 Citizenship Amendment Act stirred up debates and protests in the public sphere. This document is an attempt to understand the provisions of the Citizenship Amendment Act and the threat it poses to the nation's core value system. This document argues that recent changes in the nature of citizenship are discriminatory based on religion and unconstitutional with respect to Article 14 of the Indian Constitution

The journey of evidence in India through the ancient, medieval and modern period in history can be traced in different manifestations. In the ancient era, the Dharmashastras paved the way for three types of evidence namely-lekhya or documentary evidence, ,sakshi or witness and bukhthi or possession. The Mohammedan law recognises itself with documentary and oral evidence, where the latter is again divided into direct and hearsay evidence. In British India, the presidency towns were in a much better condition than the mofussil towns with regards to the definite rules of evidence. After around eleven unsuccessful enactments made during 1835-1853, a commission chaired by Sir Henry Mayne in 1868 submitted a draft which also turned out to be futile. Finally the task of codification of the rules was handed over to Sir James Fitzjames Stephen whose draft cleared the test of enactment and came into force on 1st September 1872. Section 3 of the Indian Evidence Act, 1872 states that evidence means and includes all oral evidence and documentary evidence to be produced before the Court for inspection, which will help decide the fate of a case as the meaning of evidence may vary owing to facts, circumstances and kind of case. Gradually the classification of evidence has grown considerably and so has the dynamics of best evidence rule. There are no watertight compartments for the types of evidence and with the development of a digital world the ambit of best evidence rule is walking between broader horizons and blurred lines

Mankind has always been fascinated with the space. Space flight began with superpower prestige and the race to put a man on the moon. U.S.S.R became the first nation to send man into space and thus provoked the concept of Space Law. Consequently, the race for space exploration kicked-off. There have been a number of advancements in space exploration since then. From multi-fold categories of satellites, to International Space Station and from establishing foot on the moon, to anticipating the approaching threats from the outer space, humans have achieved a tremendous success all the way. With many countries proficient enough to carry out the space exploration, the need for enactment of universal Space Law was felt. In the absence of prominent case laws, the current Space Law is endorsed by various treaties and conventions only. First key treaty was Outer Space Treaty, which is the Magna Carta of Space Law came into force in 1967. As we go from bi polar world to multi polar world, many treaties came in way but the main purpose was the ‘peaceful utilization of space and space resources’ for the welfare of mankind. This legacy of over 50 years of space flight has brought us impressive technical and scientific developments and achievements — but it has also led to the growing population of space junk. There is an internationally recognised need to deal with the issue; a need which strengthens after each incident. As Donald Kessler, retired head of NASA’s orbital debris programme, stated: “The longer you wait to do this the more expensive it’s going to be. Given the economy, we’ll probably end up putting it off, but that’s really not very wise. This scenario of increasing space debris will play out even if we don’t put anything else in orbit.” Even if we do not launch anything else into orbit, the 'Kessler Effect' remains a risk that may render space activities unfeasible for several decades.

Mortgage is a conditional conveyance of land designed as a security for the payment of money, the fulfilment of some contract, or the performance of some act, and to be void upon such payment, fulfilment or performance1. Mortgage is the translation of vadiummortuum - dead pledge, so named because the land was turned over to the mortgagee or lender of the money, who received the profits or revenues of it without applying them in satisfaction of his debt, and the land thus became dead to the mortgagor or borrower who derived no benefit from it. This was regarded as in the nature of usury on the part of the lender and was looked upon with disfavour, in modem phrase as contrary to public policy. A mortgage is a disposition of property as security for a debt, the security being redeemable on repayment or discharge of the debt or other obligation. Generally, whenever a disposition of an estate or interest is originally intended as security for money, whether this intention appears from the deed itself or from any other instrument or from parol evidence, it is considered as a mortgage and redeemable. Every mortgage implies a debt and a personal obligation by the mortgagor to pay it. This paper further explains three aspects of mortgages and intends to cover all aspects which related to mortgages in general

In the present paper, the authors seek to analyze the impact of the increased use of the drones in today’s economy. Drones in technical sense refers to an unarmed aircraft or formally known as the unmanned Aerial Vehicles (UAV) or unmanned Aircraft Systems. It may also be defined as a flying robot which is monitored or controlled by with the help of a remote control or through the help of downloaded software and works in coordination with the onboard sensors and the GPS. Drones are being used for a variety of purposes depending upon the type of the drone being used, the drone can be used either for military use, commercial use or even for general civil purposes by the common public. It is this increased use of drones which has raised fears regarding the privacy of the citizens of the world and along with this there have been numerous incidents of drones causing interference in Air-traffic or there are also cases of cyber-fraud being committed through the help of drones. Privacy of individuals, being now declared as a fundamental right of the individuals across the globe, has risen as the most important concern to be solved in the modern economy. This in all and all has necessitated the need of stricter regulations being imposed on the use of drones, and countries across the world have come up with different legislations to control the disturbance created due to the use of drones. The present paper studies the extent of interference caused by drones in the context of right to privacy of the individuals in both national and international spheres. Through the scope of this paper we will try to understand the basics of drones, the uses to which it can be put, the problems with the increased use of drones, the legislations National and International and the possible way forward to manage all the activities

In this paper I will be critically analyzing the concept of anti-defection laws. In the analysis paper will be dealing how the concept of anti-defection laws was introduced to the Indian Legal System, how it impacts the very basic tenants of the democratic step up. This system was brought to with the intent to stabilize the Indian Political System. Over a period of time the objects of this act are being molded to suppress the basic tenants of the democracy. This act in the present days is being misused by the political parties to suppress the voice of their own elected representatives. So paper will try to ignite some idea so that the democratic institutions can be protected.

Coronavirus has caused devastating effects both in terms of economic and health around the globe. No country be it the United States or India is left untouched by this notorious virus. Many Pharma companies around the world situation are running against the time to find the vaccine for this virus before it can cause more mayhem. However, the question comes up that for instance, any pharma company is successful in developing a vaccine against the virus, so can it have patent rights over the same? Moreover, having patent rights also creates a kind of monopoly in the market, thus helping the patent owner to earn huge profits through its vaccine because the price of the vaccine shall be high, which results in poor people deprived of the same. There are precedents both in international as well as domestic level including laws, judgments which provide states that the states have over-riding power on the patents, to help the poor people get the vaccine at the cheapest rate possible.

Law is not just about reading and applies the written word as it is. Understanding law requires the interpretation and application of legal rules and doctrines as well. Hence, there arises a need to introduce a sane approach to problems of and about law. The sane approach would be purpose of the facts and circumstances of each case and not mechanical application of law. Looking at appliance of law from this perspective can be called a ‘realist’ interpretation of law. Thus comes up the question that what part of judicial decision making is based on legal reasoning, which can also be put as the facts earn points in a case or are the black written word is the binding force. Being realistic is the approach to solve any problem one says. The theory of realism can be said to be born out of this simple thought. It was around 1920s that some American Jurists notably Holmes, Cardozo and Gray raised their voice against legal conceptualism and stressed on the study of law as it actually operates and functions. They emphasize on functional and realistic study of law not as limited in the statute but as interpreted by the Courts in their judicial pronouncement. They were called Realists and their legal approach has been called Realist School of jurisprudence. Though it also is pertinent to mention here that some jurists refuse to accept realism as a separate school of jurisprudence and hold that at best it may be called as a branch of sociological jurisprudence. The reason for this emanate from the inability of the realists to present their views in a coherent fashion as there are different degrees of realism and various fronts and opinions.

Kerala is one of the many states in India which allow 50 per cent reservation for women in local self-governance through the Panchayati Raj act of 2005 and hence the representation of women in the same has risen to almost 54 per cent, as of 2015. However the same is not reflected in the upper levels of governance namely state legislature and parliamentary elections despite Kerala being praised as a forerunner of women empowerment in India. The current state legislature has a mere 8 female members out of 141, which was almost the same since the first assembly which had 7 women members. Not to mention the state also send only one member to the Parliament, a numerical trend which has been consistent since 1950. Through this article, I would be examining whether women members of various local self-government bodies (Panchayat, Municipality etc.) have the same agency as that of a man and what are the factors and conditions preventing her from achieving the same.

The Reserve Bank of India (RBI), vide a circular issued in April 2018, effectively ‘banned’ trading in virtual currencies in India - sounding the death knell for majority of ‘crypto’ traders and investors. RBI’s ‘bury head in the sand’ response was met with several lawsuits filed across India; ultimately finding their way to the Apex judicial body. On March 4, 2020, the Supreme Court of India, vide a 180-pages detailed decision, handed out a new lease of life to the stakeholders by lifting the ‘ban’. The Supreme Court recognized RBI’s authority to regulate the field but held against imposition of a total prohibition. The ruling comes as a welcome respite for the Indian fintech community. Comparable to India’s conundrum, a large part of the last decade witnessed major economies struggling to find a suitable response to the flourishing cryptology-driven parallel global financial system. While some major economies imposed an outright ban on trading in virtual currencies; other jurisdictions conceded to embrace the new technologies, rather than allow a parallel system to flourish without governmental oversight. Some countries also explored other forms of virtual currencies (Central Bank Digital Currencies or CBDCs) to replace their deteriorating physical cash economy. Through this Paper, I expound the existing literature on the subject, and thereafter, attempt to analyze the benefits of the underlying technology in cryptocurrencies and advocate for its usage in issuance of a hybrid form of CBDCs to stimulate the current financial system of the country. I propose an e-Rupee model to assimilate the advantages of Facebook’s Libra currency model with the need for necessary control and supervision attached to the nature of CBDCs, for adoption by India

Evolution is a natural phenomenon, but what happens when the social structure builds itself in such a way which is discriminatory for almost half the population of the society? Often the primary barriers that women face are socio-economic, legal and cultural in nature. From ages, women have been assigned a subordinate status coupled with inferior roles in the society, prohibiting and restricting their right to equality and choice. What is absent from the society, is “inclusivity”, inclusivity for women in the society which is predominantly male and where women are regarded as the 2nd gender. Angelica Fuentis, a Mexican entrepreneur and philanthropist, and above all a woman, said “Gender parity is not just good for women - it is good for the society”. In a developing country like India, we see an annual increase in violence against women, female foeticide, infanticide, son-preference, and dowry harassment, all of which is still rampant in the rurals. The societal institutions have emerged and evolved in a way, which inherently places women in a vulnerable position, exposing them to exploitation and even if women manage to overcome these barriers, their work and contribution in the society is constantly unrecognised and undervalued. For the sake of development, the human rights of women have to be unleashed and their constant violation at every social junction has to be mitigated. There is a need of a society which not only believes in equality between men and women, but also in an environment where women can break off their shackels of social perceptions and live freely. Only then can we envision growth

As we all know that we have written our constitution so that the preamble of the constitution starts with “We the People of India”. Though the people have said to be written their constitution, still there is a lack of enforcing or giving liberty to exercise their fundamental rights. In this article, firstly the authors would like exegesis of how are the police opening the rowdy sheet by leaving aside the main culprit and secondly, how it will violate the fundamental rights of suspected criminals or criminals by affixing photos and surveillance? And finally, the authors would like to suggest to make amendments to the appropriate provisions to curb these inveterate actions.

The term “Epidemic” is derived from a Greek word “Epidemia” means “staying in one place, among the people”. This paper follows an investigative pattern of research as it explores the developments in laws and policies during the epidemic: Novel Coronavirus. Further it brings in suggestions to ease citizen’s life during this period. This paper also throws light on how Epidemic disease act, 1897 created with the aim to protect the common citizens during the outbreak of the dangerous disease or epidemic is the major law to govern the harassment, harm, healthcare and all other factors during this hardship. Further it scrutinizes other laws and policies like Essential Commodities Act, 1955 where a number of important commodities have been removed from the list, Atmanirbhar bharat scheme where the basic definition of Micro, Small, Medium Enterprise has been amended, Poreign Direct Investment Policy and Labour Laws which has also changed enormously during this pandemic period. Finally the authors conclude by saying that there is a need to strengthen panchayats, decrease crime against women that has boosted surely during this phase and the need to have cooperative federalism

“Rights like the right to equality were empty vessels into which each generation pours its content by judicial interpretation.” [1] This article provides an analytical overview on evolution of “Doctrine of Manifest Arbitrariness” as a ground for the Judicial review of legislative action (herein after legislative review). The applicability of ‘arbitrariness’ as the ground for legislative review has been Res integra for a very long period of time until recently settled in case of Shayara Bano v. Union of India . [2] In Indian context the doctrine traces its evolution from the Art 14 of the Constitution. However, in Indian Constitution the concept of ‘equality’ with respect to legislative review under Art 14 has been seemingly, equated to just ‘reasonableness of classification’ and has been reduced to a mere formula (classification test) ignoring the true essence of concept of equality. Article 14 contains a powerful statement of values, ‘Equality before the law’ and ‘Equal protection of laws’. By reducing it to a formal exercise of ‘classification test’ we are missing the true value of ‘equality’ as a safeguard against arbitrariness in state action. Wherein state action implies all the administrative, as well as legislative action. ‘Non Arbitrariness’ test for a very long time was not considered as a standalone test to determine the validity of a legislation. However, it was a relevant and recognized test in Judicial review of administrative action (herein after administrative review) since the famous British decision in ‘Wednesbury case’. [3] The question which then arises is why the courts in India have adopted different level of scrutiny in examining the pervasiveness of arbitrariness in different organs of government (legislative and executive). The introductory part of this paper deals with the scope of Art14 with respect to the legislative review or more precisely, only with one aspect of Art14 that is ‘Doctrine of Manifest arbitrariness’. The second part of this article analyses adequate volume of cases in which time and again the doubt has been expressed as to the applicability of this doctrine. For convenience the cases have been classified in three categories as ‘Pre Mc-Dowell Decisions’, ‘Mc- Dowell and Post Mc-Dowell Decisions’ and ‘Post Shayara Bano Decision’. In the third part through empirical study we will find out how frequently this claim has been raised post Shayara Bano decision and the future prospects. [1] Ruma Pal, ‘Judicial Oversight or Overreach’ (2008) 7 SCC J 9, J16. [2] MANU/SC/1031/2017 : (2017) 9 SCC 1. [3] Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 (CA).

The main motive behind providing for reservation to treaties under the Vienna Convention was to substantially increase global participation in ratification of treaties in general and humanitarian treaties in particular. However, despite gaining certain degree of stability over the years, these provisions still suffer from various defects as they have rendered the uniform applicability of the treaties infructuous to a certain extent, and has been a matter of constant examination. In this article, the authors aim to examine the impact of the provisions for reservation under the Vienna Convention on Law of Treaties on global relations, while discussing the reasons for their inclusion in the Convention and focusing on their relevance in the 21st Century. In this regard, the authors extensively analyse various cases that have helped to establish the concept of reservation of treaties, especially in case of multilateral treaties, and instigated its development under international law.

Domestic tax laws are an integral aspect of the International Tax Regime, as the applicability of every International Tax Treaty largely relies on a person's taxability under the negotiating parties ' domestic rules. Domestic tax laws include income tax and capital tax regulations, guidelines, notices, and circulars in a specific jurisdiction. The foreign dimension of these laws is definitely relevant from the perspective of the International Tax Regime. The foreign dimension applies to all rules that are applicable to taxation domestic taxpayers ' global income and capital, or the non-resident taxpayers ' local income and capital. These domestic law also acknowledges the numerous External Tax Agreements negotiated by the government concerned. The interplay between the International Tax Agreements and the multinational dimension of domestic law provides a regulatory context through which transactions take place across boundaries.

The rising concern over the NPA and bad debt recovery of banks are making the banks weak. To reduce the number of Non-performing Assets in the banking sector, people started to prefer the way of mergers and acquisitions of banks. The weak banks can be merged/ acquired by the strong banks, so that the interest of the depositors can be protected. The restructuring of banks not only protect the interest of the depositors but also increase the synergy, growth, economy of scale and other benefits. There are some adverse effects of the mergers/acquisition of the merger/acquisition of banks. The RBI and central government have made strenuous efforts to make the mergers/acquisition in banking sector feasible but it did not attain complete feasibility and complexities are still exist in the framework. This paper seeks to study on the different procedures of mergers/acquisitions of banks available in the statue and the protection given to the employees during the merger/acquisition.

The research attempts to review the existing law about Human Trafficking in India and the major concerns present in the act which are not addressed by the government. Since the Immoral Traffic (Prevention) Act was last amended in the year 1986, it lacks a lot of changes which are to be made for the act to fit in the present society. It also aims to highlight the problems in the act with the help of case laws as to ho the application of the act has somehow failed to grant the remedy. Some new techniques and measures are required in both short-term and long-term aspect to combat Human Trafficking. Like other countries where trafficking laws are much stricter than India, it must adopt such anti- trafficking laws to evade the Human Trafficking issue. The organs involved in the Criminal Justice system should work together to safeguard the country from Human Trafficking

India has traditionally adopted the practice of raising funds from crowd through donations and other forms for various purposes. Crowdfunding is a similar model but with the use of web based platforms. Crowdfunding has gained popularity all over the world due to its benefits to the growth of small businesses. This paper aims to comprehensively understand what crowdfunding is and how it is regulated in India. The paper focusses on the nature of securities based crowdfunding to answer if it can be regulated within the existing regulatory regime i.e. under Companies law, securities laws and other regulations for angel investors. It also discusses SEBI’s apprehension and doubts regarding allowing securities crowdfunding without proper regulation. The paper further analyses the proposals of SEBI on regulating crowdfunding in India through its consultation paper. It provides a critical review of SEBI’s proposal to regulate crowdfunding and deals with the question of SEBI’s jurisdiction in dealing with crowdfunding regulation. It also analyses cross-border crowdfunding that is absent in the SEBI’s consultation paper on crowdfunding. The author concludes with the remark that SEBI’s proposal on regulation of securities based crowdfunding suffers from major loopholes which shall be addressed for its effective implementation and that crowdfunding should be regulated by a separate legislation which takes into account the very different nature of crowdfunding

Marriage is a social institution and one of the important parts of Indian culture and tradition. Now, it is slowly opening its door for western culture which is totally different from Indian culture. One of the most critical incidents amongst it is the concept of live-in relationship that was not very clear in India until Hon’ble Supreme Court took a lead to fill the gap that was created in absence of any specific legislation. The idea behind cohabitation or conducting a live-in relationship is to test the compatibility of the partner, establish financial security before marrying, a way for polygamists to avoid breaking the law and couple consider their relation as being a personal and private matter which is not controlled by religious, political or patriarchal institution. This article attempts to highlight the present Indian Scenario related to live -in relationship which includes judicial and societal response towards it. It also deals with the international perspective of live in relationship by comparing it status in India with that of different countries in the world

The concept of Privacy is a widely accepted legal and moral notion all over the world except for some nations where it has uncertain legal and philosophical foundations and legal backing. In India itself, the much-awaited Personal Data Protection Bill is pending and the Present legal frameworks, such as the IT Act, The Telegraph Act, other Statutes and rules related to this issue are inadequate, in this modernized environment traditional moral concepts such as no intrusion theory and the freedom to act theory, are unable to protect the privacy of an individual. The control of information theory and the undocumented personal knowledge theory are philosophically better accounts but are open to counterexamples. A restricted access theory of privacy is developed and defended but it does not provide any assurance against the state or big players, we cannot say that present legal protections can provide full proof data security in this digital era. So, we need full proof security against all kinds of intrusion in our privacy

Cybercrimes use the computers, internet, human behaviour and other technology based mediums for the criminal misconduct. In the contemporary era, the technology-based devices help to increase the computer perpetrated crimes in the society; these crimes exist more stringently as it is difficult to apprehend the criminals. It becomes easy for the perpetrators to commit such crimes in today’s era as globalization has gifted us the fastest internet infrastructure facility at very low cost. Social media has become the part and parcel of everyone’s life, irrespective of the age group which is affecting the lives of the individuals, as these people share a lot of their personal and social life in the media through Facebook, Instagram and WhatsApp. It becomes a challenge for the intelligence bureau to catch the cyber criminals because, firstly, these criminals use the internet very cleverly commit the crimes and secondly, due to the ongoing technological developments which provides them platform for committing such crimes. These people are using internet as a tool and getting the information which is available in the pool of social media as well as other internet sources for committing the crime which in turn are violating the right to privacy of an individual. The criminals by using the digital communication channel hack the user and company profiles, and then they sell the stolen identities for their illegal gains. The RSA Anti-Fraud Command Center reported that, 43 percent fraud attacks were increased in the 2018 as the cyber criminals are finding new ways to exploit the social media. The researcher in this paper discussed the various ongoing cybercrimes on social media and need to harmonise the legal aspects of cyber security. The researcher also tried to discuss the measures for protection of individual’s rights from social networking sites and how they need to protect their data in the social media platform

This research papers primarily deals with the concept of online dispute resolution as the emerging method of justice delivery system in India, with special emphasizes on post Covid world. The global pandemic has forced the whole nation to shift from offline work mode to online or work from home method. Apart from this, it has created an unprecedented impact on Indian Judiciary along with forthcoming corporate disputes and other implications. ODR has emerged a recent method over ADR which is favored by the technological nuances like virtual conferences and online negotiations. This also deals with ODR or Online Dispute Resolution as the new emerging method of dispute resolution in India through the help of technology with major aim at lowering down the load on Indian Courts and promoting more of out-of-court settlement. This shift over the functioning of subordinate courts, which play a major role in the dispute resolution process, is the cause of significant concern as the majority of such courts are not even equipped to convene any sort of virtual proceedings. In this context, the paper attempts to discuss the obligation of the judiciary to play the role of the parens patriae to country’s citizens and develop a substantive policy framework to adopt Online Dispute Resolution (ODR) mechanisms and modern technology solutions, like Artificial Intelligence (AI), to increase the access to justice, and more importantly, prevent the system from succumbing to any such crisis like COVID-19 in future

In the 4 years of the enactment of the Insolvency and Bankruptcy Code 2016, the government has not only chosen to notify legislation relating to corporate insolvency but sure has come a long way in putting forward laws relating to individual insolvency and it is expected that more parts of personal insolvency will be notified in the near future making it the next big thing and drawing the focus away from corporate insolvency. In this context the paper describes the Indian credit market and presents an argument for the need of personal insolvency law being more clear and transparent in nature. It also lays down the laws and legislation relating to personal insolvency and an overview of the process of insolvency and bankruptcy code involving fresh start process and the insolvency resolution process. The paper also draws back a line to the history and the evolution of insolvency infrastructure in India and the problems and the criticism faced in coming forward with a codified set of laws.

The COVID-19 Pandemic has wreaked incredible loss across the world; be it financial, social or human loss, causing humanitarian crises of unprecedented natures in all countries. With the curve refusing to flatten, the Governments across the world find their capacity to respond being exceeded by the raging pandemic. With a growing frustration worsened by the stress on revenue there’s been an accompanying sense of resentment towards China. An unclear picture of the timeline leading up to the detection of patient zero has led many to allude that the reporting of the virus was deliberately suppressed by the Chinese Government. Many governments have even threatened litigation against China at the International Court of Justice. However, the normative nature of the International Law is heavily influenced, or rather weakened by the political authority and economic clout of a State like the People’s Republic of China. Therefore, establishment of a dispute and on its basis therein, taking China to the Court will be two key, as well as, incredibly challenging tasks. This article offers an overview on the scope of litigation against China at the ICJ, as well as an evaluation of the feasibility of the same.

The paper analyses legal framework and innovative approaches to environmental degradation and better health. The issue of Environmental Damage came to the fore on the international agenda for the first time with the Stockholm Conference in 1972. The conference was attended by the then Prime Minister Mrs. Indira Gandhi. After the Conference significant changes were made in the Constitution of India to accommodate provisions regarding the deteriorating Environment in the Directive Principles of State Policy and Fundamental Duties. Various legislations like The Air (Prevention and Control of Pollution) Act, 1981, The Water (Prevention and Control of Pollution) Act, 1974, the Environment Protection Act, 1986 were also enacted. Several principles like the Polluter Pays Principle, Precautionary Principle were also incorporated as provisions. In this new age of technology, nanotechnology and other innovative techniques are increasingly being used to combat rampant environmental degradation and resultant deteriorating health. Also as the recently held COP24 at Poland reiterated global environmental issues that the world is facing, the delegates at the conference discussed at length about the existential crisis due to man-made disasters at global scale. The paper focuses on various innovations made in recent times to combat environmental degradation and promote better health in the Indian as well as Global scenario

“I felt violated and scared. Even though I said I was going to report this, I felt I could not because I thought I could easily lose my job if I told” The research article discusses about sexual harassment of women at workplace in India with related laws passed by the Indian government most importantly Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 . The article further deals with breakdown of various Indian laws supporting the act and their analysis. Sexual harassment in the workplace may be on the decline, but it is still an ongoing risk to the safety of the employees as well as the mindset of the employer. Such activities not only give women mental and physical trauma but also socio-psychological agony for the rest of their lives. There exist multiple theories behind the attitude of a man towards women at workplace backed up by the country’s customs, traditions and societal pressure which a woman has to face throughout her life. The article’s objective is to discuss about sexual harassment of a woman at workplace specifically highlighting the socio-psychological trauma suffered as well as the reasons behind such harassment taking place in the work environment. The research will be further backed by ancient theories, case laws and arguments. The methodology used in the article will be doctrinal research methodology with the help of secondary sources as well, i.e., essential data analysis. The secondary sources are collected from the internet, articles, journals, books and case laws in light of the subject

In the recent past the failure of SAARC to foster cooperation in South Asia has opened up the horizon for search for some other alternative. Perhaps, BIMSTEC comes to the rescue for the regional players as most of the member states popularly favour BIMSTEC as a viable option. BIMSTEC is in the spotlight in the wake of being disregarded for 10 years, BIMSTEC is currently expected to perform at the level of an Association of Southeast Asian Nations or the European Union when it has a small amount of the assets of SAARC. BIMSTEC is ordered to extend local participation through nothing under 14 working gatherings, covering everything under the Bay of Bengal sun, including an organized commerce understanding, destitution easing, tourism, vitality and environmental change, and even counterterrorism and calamity administration. Whether BIMSTEC can fill the space created by SAARC and whether BIMSTEC can carry the burden of being a natural platform for South-Asia regionalism.

The Muslim travel market is one of the most emerging lucrative sector across the globe and yet despite this huge potential, Halal tourism remains relatively untapped. It is expected by 2026 that the Halal travel sector’s proportion to the global economy is made up of 35% representing around US$ 300 Billion and 10% of tourists worldwide. While various studies suggest that countries such as Malaysia, Indonesia, Morocco, Tunisia, United Arab Emirates amongst others are portrayed as the top Halal tourist destinations, no research has been conducted on the potential of Mauritius for Halal tourism. Consequently, this research aims to assess the future of Halal tourism in Mauritius given that the tourism sector is among the five main economic pillars of the country. In particular, this study will assess the awareness level of Halal tourism and the offering of Shariah compliant tourism facilities in Mauritius. This paper adopts the descriptive analytical approach and data is collected from questionnaires distributed to the target population, books, newspapers articles, journal articles and official websites. This study intends to recommend an action plan to the stakeholders concerned with the view of encouraging Halal tourism in Mauritius

We live in a chaotic world and this fact doesn’t change when we actually give it a true look across the globe. Since the beginning of 20 th century we have been witnessing wars in different ways one could have never imagined. From Nuclear weapons to Cold War, from persecution to people fleeing their homes, the world has witnessed it all. We, Human beings have always let ourselves down. We gave ourselves the Human Rights and we are the ones who are the sole violators of the same. We make laws and then we break and mold them as per our own wishes. During all this making and breaking of laws, it is the people who suffer the most. One of the worst possible scenarios that has been happening through these centuries is the people have been rendered homeless owing to wars happening inside and outside the countries all these years. The term which has been widely used to identify people who have fled to different countries as a result of these wars and the fear of being persecuted in their home country is “Refugee”. International Law has a very long history of development but when it comes to the identification of Refugees, this area is relatively new and was not even considered until the World War II. Now that we have several instruments that pertain to the people who have fled their homes and are regarded as Migrants, Refugees, Internally Displaced Persons, etc., many countries have signed them and provided protection and rights to the concerned. India, on the other hand has been always termed as one of the best countries known for its hospitality but when it comes to Refugee laws, it has refrained from signing the Convention on refugees and it also does not have its own national Law for Refugees. This research paper intends to comprehend why India has not signed the Refugee Convention of 1951 and why it needs a proper Refugee Law of its own.

This paper looks at the potential impact of medical tourism on the health workforce and health system in India. Besides the definite cost advantage, the presences of a well-trained and English speaking work force, a mix of modern and indigenous systems of medicine, and super specialty centers which boast of the best technologies available in the world are some of the factors in favor of India. Along with the corporate sector, the government of India has also responded to the growing sector of medical tourism in India, through the National Health Policy, 2002, and by issuing medical visas for tourists seeking treatment in India. As a medical visitor one might face certain legal challenges, like in the event of malpractice suits one might find it difficult to claim for damages, simply because insurance laws vary based on country. Even though hospitals and dental care clinics in India have insurance for medical malpractice, the actual settlement for incorrect diagnosis, negligence or incompetence might not be the amount will not be same. Likewise, there are several challenges in terms of legal aspects. .Through this paper, the author would be analyzing the challenges in regulation of the medical tourism in India and how there can be a balance between not restricting the business unreasonably and at the same time maintaining effective regulations and guidelines for the smooth functioning as well as development of the sector.

In the world of instant noodles, package delivery, booking a cab, ordering food when and where needed, the service industry really puts an effort to satisfy consumers’ needs and wants instantly. As the entertainment industry continues to expand, competition between TV cable and online streaming services increases. The research tries to understand the consumers preferences in online video streaming services and changing scenario of TV cable and online video streaming market in India. A study is attempted on the customers’ preference and response towards the large and small scale web streaming service industry and factors affecting the consumer’s choice while choosing between TV cable and online streaming videos. Sample data was collected through an online survey questionnaire in India from 52 people. This paper has studied Netflix, Amazon Prime, Hotstar and TVFPLAY web streaming services. Particularly this paper aims to establish a conceptual understanding of customer response towards large and small scale web streaming industry affecting the TV cable industry. It also tries to understand a slow shift of audience’s focus from TV cable to web streaming services. Keywords – web streaming services, consumer preferences, Cable Television, online streaming, web search, online video streaming

In India where written Constitution is there in which media freedom has been given a Constitutional Right, the media enjoys vast freedom and proved media. But since its inception the media ownership has been playing a critical role in setting an agenda in the news and views which are directly linked to the relationship with the media owner, has been subject to a lot of criticism for the manner in which they have disregarded their obligation of social responsibility. But since Narendra Modi led BJP comes into the power in the Union in 2014, the situation worsens, as the media has given extra task of spreading pro-incumbent agenda along with its self-interest agenda. As Union has lots of discretionary powers in regulating the media, was used in pressurising the media, results in changing the entire paradigm of the news industry. As a result all most all mainstream media including newspapers started supporting the BJP, its Hindutva and Nationalist agenda, which is unprecedented in the history of media industry in India, as India witnessed media’s strong foot even during Emergency regime of Indira Gandhi. In India the media concentration has also helped a lot, as majority of the media is concentrated in the hands of very few, who own other business establishments along with the media. In this paper the researcher tries to study the social responsibility of print media in the wake of media house ownership and the State pressure

Custodial death refers to death of the accused in the police custody or by the encounter of the accused by the public servants such as police officials, even without the orders of the court. The useless torture made by the officials to accused even without knowing that whether they are really accused or not. Why such encounters are being made? For the promotion in department?, for getting name, fame and pictures in the front pages of the newspapers?, or for getting extra-money? Now the question arises that how the police officials get extra money? Sometimes they know that person arrested is actually the accused, but the representatives (friends, family or relatives) of the accused bribe the officials to release the actual person and arrest some other person. There is strict need of law to curb this problem. The Prevention Against Torture Bill, 2017 is still pending in the parliament and is waiting to be called as act. Also a movie named “Jolly LL.B 2”depecits the same the scene, that how the police officials release the actual accused and arrest some other person, and latter on his back the official shoots him; why this happened? It was because the officer was bribed. We should just keep one thing in mind that if the situation didn’t came in control, then the whole system will be corrupt, as all such termite like people will eat the system.

The structure of the digital grocery space in India does not facilitate competition due to the pre-existing market structure, consumer preference and barriers to entry. The competition conditions prevalent in this market adversely affects the new entrants and would impact the consumers in the long run. In 2020, the Coronavirus outbreak has significantly impacted the digital grocery sector. This research paper aims to analyse the changes in the online grocery retail in the pre-Corona era vis a vis Corona era through the lens of Competition Law. Statistical tools and surveys will be used to measure the shifts in consumer preferences due to the pandemic. In furtherance, Qualitative and quantitative methods will be used to measure the impact of the pandemic on the market structure and barriers to entry. The changes in the factors mentioned above facilitate an overarching transformation of the competition conditions in the grocery e-retail market.

Administrative law is the body of law which includes rule making, adjudication and the enforcement of a specific regulatory agenda that governs the activities of administrative agencies of government. There are certain principles of Administrative law which are evolved by courts with the object of preventing arbitrariness and abuse of power of court. One of the most popular and important principle of Administrative Law is ‘Doctrine of Legitimate Expectation’ which is a result of synthesis between the principle of administrative fairness and the Rule of Estoppels. The Doctrine of Legitimate Expectation is different from fair expectation but is expectation of benefits by which a person can seek judicial review of any action which are arbitrary, discriminatory, unfair and malicious in law, devoid of Rule of Law and voilative of principles of Natural Justice. The main objective of this paper is to explain the concept of Legitimate Expectation in a detail manner describing its applicability and reasons for its formation. The paper also discusses about its origin and its development in Indian as well as English laws. Thus, at last in the paper, conclusion has been provided. In the process of making this paper, several journals, books and articles were referred and taken into consideration. Internet has also been a support in this process. Hence, this paper is a result of Doctrinal Research Methodology

“The internet is the only window where I can look out from this detention centre. So that I can spend all my day inside the room: finding research for information, trying to find help outside, that is all that I can do here.” These are the words of a Palestine refugee, Alladin Sisalem who sailed to Saiwai Island, an Australian territory in the Torres Strait in December 2001. While the asylum application of the other refugees who were sent to the Manus Island along with him was proceeding, he was notified by the Australian government officials that they did not have any application form for him. Sadly, the centre on the Manus Island was wound down in July 2003, leaving behind Alladin as the sole inmate in the centre built for 1000 asylum seekers. Only because Alladin had access to the internet, he could communicate about his existence with various journalists which built pressure on the Australian government. Eventually, Alladin was granted refugee status by the UNHCR. He was also given a five -year secondary movement relocation visa, which allowed him to live and work in Australia. This is one episode where the internet restored an individual’s human rights in the early 2000s. With the internet becoming more significant this decade, there are instances where access to the internet is seen as a human right and its denial is highly contemptuous. During the 21st and 24th sessions of the Human Rights Council in 2012 and 2013, the States were reminded of their primary obligation which is to respect and fully protect the rights of all individuals to assemble peacefully and associate freely both online and offline. And, in July 2018, a resolution was adopted by the Council in consensus concerned with the protection, promotion and, enjoyment of human rights on the internet. Despite the recognition, there are various instances where internet shutdowns occur in India and around the world when voices are raised against the authority. Also, people get arrested when they express their opinions online which is a violation of human rights under Article 19 of the UDHR, Article 19 of the ICCPR and domestically under Article 19 of the Constitution of India. This project is an analysis of internet freedom as a human right with the help of different incidents that we witness each day.

Arbitration and Conciliation Act, 1996 (hereinafter referred as “Act”) governs the enforcement of foreign arbitration awards through Geneva and New York Convention. Recent years remark an expansion in the international trade which necessitates speedier mechanism of dispute resolution mechanism for dispute arising out of international contracts. However, it is still a complicated and time-consuming process to enforce an award in one country which is announced in any other country. This paper deals with the position of India. It explores the meaning of Foreign Awards as prescribed under the Act and various laws relating with the enforcement of Foreign Awards in India. It further discusses the role of Indian judiciary in enforcement of Foreign Awards through landmark judgments. Even after enactment of various laws in this regard enforcement of Foreign Arbitral Awards is still problematic. So, this paper describes various problems which make it quite difficult to execute foreign awards in India. Further it depicts the impact of Public Policy on Foreign awards and the lastly it concludes with the suggestions as a way forward to strengthen the ADR mechanism in general and to overcome the difficulties faced so far in enforcement of foreign awards in particular.

Capital punishment is highly altercated around the world and not only in India. The Indian legislation has made it a law by putting emphasis on it by various judgments and is even prescribed in the Indian Penal Code and various other statutes however whenever it is imposed, wave of discernment follows. Where on one hand the retentionists favor the punishment, the abolitionists probe through it. This disciplinary punishment is ought to be the most serious punishment ever known to the mankind to diminish the crime percentages and depends upon the malfeasance done by the miscreants. Despite the tsunami of crime rates in India, capital punishment is one of last punishment prescribed to the perpetrators. Is it because of the Constitutional guarantees under Article 14, 19 and 21 or is it unjustified to punish the criminal just to dissuade future criminality? There is no direct mention of capital punishment being held as unconventional under the Indian Constitution however it is at times said to be unconstitutional. Through this research paper, we will discuss about the current status of capital punishment around the country as well as in other nations. Furthermore the paper will characterize the idea of capital punishment i.e death penalty with human rights and the constitution too. This paper will aim to mention the alternative methods of punishments and whether the Indian judiciary has encompassed adequate convictions and acquittals in place of death penalty. The paper will conclude with the observation of various cases and will endeavor to resolve the question that ‘Is death penalty a cruel and inefficacious exercise?’ This research paper is our effort towards the nitty-gritty view about capital punishment, its history, relevance and significant strategies for execution in India

War is one of the most dynamic concepts in the field of international law. Waging a war or any form of violent expression had been one of the possible outcomes of any difference of opinion between two nations. This system pre-existed from Roman times or even before that. A more humanitarian method of conflict resolution was looked upon as the aftermath of war was increasingly brutal due to the scientific advancement in the field of weapon development. Due to this arose the concept of a diplomatic settlement of conflicts and this created a huge change in the approach of resolving conflicts between nations. This brought in the idea of various laws and treaties governing the international dispute resolution. The authors, in this article, will be highlighting the International Humanitarian Laws and Agreements entered upon by the United Nations Security Council (UNSC) and its member countries to deal with the outbreak and outcomes of waging war, focusing mainly on the Geneva Conventions & its 70 years.

Education is the determining factor for decision making, influencing the standard of human living and enables to act morally in all areas of life including technology. The relationship of education, technology and ethics is a complex one, demanding significant level of rationality, awareness and regulatory mechanisms. E-Learning is described as online delivery of information, communication, education, and training. Pedagogical theories and the applications of information technology demands attention for ethical issues, as Privacy, Intellectual Property and Copyrights, Network Security, Monitoring, Netiquettes, jeopardize the delivery authenticity of the E-learning systems. Besides, learner’s ethical use is conditioned by self discipline, independence, self-motivation, breaches of computer ethics, and misrepresentation of learning material. Moreover divergences of legal and cultural perspectives across the globe add complexity to learning contents. Although E-Learning has provided the learner with all the freedom to access and manage information, it has also created new issues around ethical learning practices, personal integrity and accountability. This paper will discuss these issues in an E-Learning environment highlighting the scope of E-learning across the globe

All educational institutions are closed for the time being. The focal point of this Article is to throw some light on human rights perspective of particular group of young generations relating to their deprivation of getting education during and in the aftermath of this pandemic. Secondarily, an attempt is made through this paper to point out some Indian legislative frameworks that can be termed as inefficient to cope up such unprecedented situation in a poor country like India. In nutshell, this Article provides an overview of human rights concerns of students who have been depriving from certain benefits regarding their right to education specifically their poor or non-access of ICTs (Information and Communication technologies) since the outbreak of this pandemic and the author has done an analysis of the importance of right to education in the perspective of the Constitution of India

The year 2020 has been extremely important in terms of medical and healthcare facilities. It has brought to light many faults in the healthcare systems of even the most developed countries, thus the author felt the need of working on this topic. The author has attempted to draw a comparative analysis between the healthcare systems of two of the most established and fast developing countries of Asia. Healthcare being the talk of the hour, due to the pandemic needs urgent attention and this paper aims to establish the gaps and a comparison between two of the worst hit countries by the Covid-19 pandemic.

Cyber space meaning the world connected through internet networks. Cybercrimes against women are on lifted women had been drastically victimization in the cyber space. Some executioner tries to slander women by using chat rooms, websites e.tc. developing pornographic videos where women are described in negotiating position mostly constructed without their consent, spoofing e-mails, morphing of images for pornographic content etc. The gender sinner looks for their prey on social network websites, & also on job or marriage websites where people stud their personal information for better odds. The admission of personal information has made women more disaster of cybercrime. The realization of the individuals in regard to the law & policy in this concern is the prime objective & which will mull over the status of India. All confining the regulatory field is colossal body of academic crematory chew over privacy issues in cyberspace from a variety of relative importance. India is among very few countries to enact Information Technology Act, 2000 to rim cybercrimes. The world of internet looks after every user all the mandatory information hasty communication and splitting tool making it most plum sources of information. With the rife’ elevation of internet, the crime proving internet poses a great peril to individuals. Cybercrime is a global & women are the soft use of this new form of security onus against women. A conceptual model of cyber victimization of Indian women is put forward as a proposal. Cybercrime is turning up as call for national & economic preservation

The Competition regime is still in its nascent stage when it comes to India, with the Competition Act coming into force in 2002. However, the competition regulation in the European Union (EU) region dates back to the late 18th and early 19th centuries. Competition in India is regulated by the Competition Commission of India (CCI), whereas the European Commission (EC) overlooks the same in the European Union region. This research study aims to study and analyse in detail the differences and similarities between the two competition policy regimes. One of the major aims of this study would be to point out the procedural aspects of abuse of dominance and how do the courts and authorities go about dealing with a problem on this issue. The reason to choose this area of antitrust law as the topic for the purpose of this study is to point out and establish the relation of the Indian Antitrust policy to either the EU Antitrust policy or the US Competition Policy. These two jurisdictions were chosen in particular as these are the ones where the competition policy is the strongest as well as the oldest in the world. Therefore, it is very much possible that the Indian policy might be bent more towards one side as compared to the other.

In this paper, we will be dealing with the marriages and marriages under different law. Marriage is considered as the most important institution of human society. In this we will discuss about the eligibility of marriage under different law i.e Hindu marriage and Muslim marriage. How many marriages will be allowed in different marriage act? We will see the basic features of marriage and the functions of marriage. We will discuss some points on Christian Marriage, Sikh Marriage, Parsi Marriage, Buddhist Marriage, Jain Marriage, Court Marriage and Mixed Marriage but in detail we will discuss about Hindu and Muslim marriages. We will be dealing with the sources of marriages and types of sources in Hindu and Muslim law i.e Ancient and Modern source & Primary and Secondary source. Types of schools under Hindu law are Mitakshara School and Dayabhaga School. Further Mitakshara School is divided under 5 category i.e Banaras Hindu Law School, Mithila Law School, Maharashtra Law School, Punjab Law School, Madras Law schools and under Muslim law Schools are Shia School and Sunni School. Both schools are further divided into 7 categories i.e Marriage, Dower, Divorce, Maternity, Guardianship, Maintenance and Waqf. Difference between schools, conditions of a valid marriage and when the marriage will be considered as void and voidable will be discussed in this paper. We will also dealing with the types of marriages under Muslim law and difference between void and voidable marriage. Restitution of conjugal rights under section 9: when either of the spouse i.e. husband or wife without any appropriate cause is withdrawn from the society of the aggrieved map apply by petition to the District Court for restitution or conjugal rights and the court on been satisfied with the truth of the statements made in such petition without any legal ground and while the applications shouldn't be granted, may decree restitution of conjugal rights